On May 24, 2024, the Government issued Decree 58/2024/ND-CP on investment policies in forestry, which includes detailed regulations on amount of funding for special-use forest protection in Vietnam as of July 15, 2024
Amount of funding for special-use forest protection in Vietnam as of July 15, 2024 (Internet image)
Regarding this matter, LawNet would like to answer as follows:
According to Clause 1, Article 5 of Decree 58/2024/ND-CP, subjects granted funding for special-use forest protection from July 15, 2024 include:
(1) Management board of special-use forest;
(2) Management board of protection forest;
(3) Residential communities;
(4) Other entities under Clauses 2, 3, and 4 Article 8 of the Law on Agriculture.
The amount of funding for special-use forest protection in Vietnam is clearly stated in Clause 2, Article 5 of Decree 58/2024/ND-CP as follows:
- Entities under (1) and (2) are eligible for an average forest protection funding of 150.000 VND/ha/year from the Government over total special-use forest that they are assigned to, in addition to recurrent professional expenditure for operation of forest management board.
- Entities under (3) and (4) are eligible for an average forest protection funding of 500.000 VND/ha/year from the Government over total forest area that they are assigned.
- Forest protection expenditure in zone II, zone III communes equals 1,2 times the average amount; forest protection expenditure in coastal land equals 1,5 times the average amount under (1) and (2)
- Expenditure on producing initial dossiers on forest protection for entities under (3) is 50.000 VND/ha; expenditure on managing, inspecting, commissioning and acceptance testing is 7% of total annual expenditure on forest protection.
- Entities under (1) shall:
+ Delegate forest protection to local households, individuals, and residential communities in accordance with Article 19 hereof;
+ Pay salaries to forest protection forces that do not receive salaries from state budget; hire forest protection employees;
+ Procure, repair forest protection equipment and support tools, PPE for forest protection for forest protection forces;
+ Assist forces in scouring, patrolling, supervising for forest protection purpose; provide professional training for forest protection forces; sign agreements, commitment pertaining to forest protection, forest fire prevention and firefighting; raise community’s awareness regarding forest protection; communicate and educate the law within the local community;
+ Pay for development of forest fire prevention and firefighting solutions; organize forest fire drill; organize additional fire lookouts and firefighting shifts in dry months and organize conferences for forest protection;
+ Pay for travel, instructions, inspection, supervision, and local meeting costs in accordance with Article 8 hereof;
+ Perform other forest protection activities in accordance with forestry laws.
- Entities under (2) shall delegate forest protection to local households, individuals, and residential communities in accordance with Article 19 of Decree 58/2024/ND-CP and:
+ Pay salaries to forest protection forces that do not receive salaries from state budget; hire forest protection employees;
+ Procure, repair forest protection equipment and support tools, PPE for forest protection for forest protection forces;
+ Assist forces in scouring, patrolling, supervising for forest protection purpose; provide professional training for forest protection forces; sign agreements, commitment pertaining to forest protection, forest fire prevention and firefighting; raise community’s awareness regarding forest protection; communicate and educate the law within the local community;
+ Pay for development of forest fire prevention and firefighting solutions; organize forest fire drill; organize additional fire lookouts and firefighting shifts in dry months and organize conferences for forest protection;
+ Perform other forest protection activities in accordance with forestry laws.
- Entities under (3) shall perform forest protection activities decided by forest caretakers in accordance with forestry laws.
- Entities under (4): in case of state enterprises, delegate forest protection to local households, individuals, residential communities in accordance with Article 19 of Decree 58/2024/ND-CP and perform other forest protection activities decided by forest caretakers in accordance with forestry laws. In case of other organizations, perform forest management and protection in accordance with sustainable forest management solution and decision of forest caretakers in accordance with forestry laws.
- Depending on annually allocated state budget, entities under Section 1 shall prioritize expenditure on forest protection in areas with high risk of forest resource violation; forests with high biodiversity requiring protection.
(Clause 3, Article 5 of Decree 58/2024/ND-CP)
Nguyen Ngoc Que Anh
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