What rights and benefits do Protective Forest Management Boards receive from the exploitation of forest products in protective forests?
Benefits for the Management Board of Protective Forests from the Exploitation of Forest Products in Protective Forests
The Management Board of Protective Forests benefits from the exploitation of forest products in protective forests as stipulated in Clause 2 and Clause 3, Article 21 of Decree 156/2018/ND-CP, guiding the Law on Forestry. Specifically:
- The Management Board of Protective Forests is entitled to the value obtained from non-timber forest services; payments to contractors; sharing benefits with households, individuals, and community groups participating in forest protection according to state regulations.
- The Management Board of Protective Forests, and individuals assigned or contracted to protect stable protective forests, are entitled to all agricultural, aquacultural, and non-timber forest products after fulfilling financial obligations as prescribed by the state.
The editorial board responds with this information.
Regulations on the Establishment of Protective Forests
Based on Article 17 of the above document, the regulations are as follows:
- Principles for the establishment of protective forests
a) A project to establish a protective forest that is aligned with the national forestry planning is required;
b) It must meet the criteria for each type of protective forest as stipulated in Article 7 of this Decree.
- Contents of the project to establish protective forests
a) Assess the natural conditions, current forest status, natural ecosystems; values regarding protection, eco-tourism, leisure, recreation, wood supply, non-timber forest products, provision of forest environmental services and biodiversity;
b) Evaluate the current management and use of forests, land, and water in the project area;
c) Assess the current socio-economic conditions;
d) Identify the goals of establishing the protective forest to meet the criteria of a protective forest;
e) Determine the boundaries and area of the protective forest on the map;
f) Outline the activity programs, implementation measures, and management organization;
g) Estimate the investment capital, phase investment to build the protective forest; regular expenses for protective activities, improving people's living standards; investment efficiency;
h) Organize the implementation of the project.
- Documents for the establishment of protective forests include:
a) The proposal from the managing agency of the protective forest (original);
b) The project to establish the protective forest (original);
c) A map showing the current status of the protective forest (original) at a scale of 1/5,000 or 1/10,000 or 1/25,000 according to the VN2000 coordinate system, depending on the scale of the protective forest area;
d) Summary of opinions from related agencies, organizations, and individuals;
e) Appraisal results.
- Procedure for the establishment of protective forests located in two or more provinces or centrally-run cities
The Ministry of Agriculture and Rural Development shall assume the prime responsibility for organizing project development and submitting it to the Prime Minister of the Government of Vietnam for decision on the establishment of protective forests in the following order:
a) Organize project development to establish the protective forest as stipulated in Clause 2 of this Article;
b) Solicit opinions from ministries, ministerial-level agencies, the People's Committees at the provincial level, organizations, and individuals concerned.
Within 20 working days from the date of receipt of the opinion request, agencies, organizations, and individuals are responsible for providing written feedback to the Ministry of Agriculture and Rural Development;
c) Within 30 working days, the Ministry of Agriculture and Rural Development completes the appraisal of project documents for establishing the protective forest;
d) Within 30 working days from the date of receipt of the complete documents as stipulated in Clause 3 of this Article, the Prime Minister of the Government of Vietnam evaluates and decides on the establishment of the protective forest.
- Procedure for the establishment of protective forests not covered by Clause 4 of this Article
The Department of Agriculture and Rural Development shall assume the prime responsibility for organizing project development and submitting it to the provincial People’s Committee for decision on the establishment of protective forests in the following order:
a) Organize project development to establish the protective forest as stipulated in Clause 2 of this Article;
b) Solicit opinions from related agencies, organizations, and individuals. Within 20 working days from the date of receipt of the opinion request, agencies, organizations, and individuals are responsible for providing written feedback to the provincial People’s Committee;
c) Within 30 working days, the Department of Agriculture and Rural Development completes the appraisal of project documents for establishing the protective forest;
d) Within 30 working days from the date of receipt of the complete documents as stipulated in Clause 3 of this Article, the Chairman of the provincial People’s Committee evaluates and decides on the establishment of the protective forest.
Respectfully!
