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GOVERNMENT       SOCIALIST REPUBLIC OF VIETNAM
                 Independence-Freedom-Happiness
No.39-CP

                 Hanoi, 18 May 1994

DECREE OF THE GOVERNMENT

Regarding the Organisation, Tasks and Authority of the
Forest Protection Department

GOVERNMENT

Based on the Laws on organisation of the Government dated 30
September 1992;

Based on Article VII of the laws on forest protection and
development dated 12 August 1991;

Considering the suggestion of minister of forestry and
minister, the head of organisational and personnel
department of the government.

DECREE:

I. ORGANISATIONAL STRUCTURE OF FOREST PROTECTION DEPARTMENT

Article 1: Forest Protection Department is the specialised
force in charge of enforcing law on forest management and
protection, it is organised from central to district levels.

Minister of forestry is responsible against the Government
to direct, manage in an integrated fashion the forest
protection force in organisation, personnel, budget,
technical equipment, professional techniques how to secure
the good implementation of forest management and protection
in nationwide.

The people's committees of provinces and cities directly
under the government (hereinafter refer to as province) are
responsible against the government, in charge of directly
administrate completely and instruct all operations of
forest protection force in the locality, secure implementing
strictly the forest law and managing, protecting, utilising
and developing the forest resource in the locality.

Article 2: The forest protection system includes:

a) In the central: The forest protection department under
Ministry of Forestry.

b) In province where has forest cover: Provincial forest
protection department under people's committee.

c) In district, county town, city under province
(hereinafter referred to as district) where has forest:
forest protection section under provincial forest protection
department.

In the entrance to important forest products resource (land,
water, rail ways) and in the centre of forest products
processing, trading, where necessary it is allowed to set up
forest products inspecting section under provincial forest
protection department. The establishment, demobilising and
assigning task and function of forest products inspecting
section will be decided by the people's committee after
agreed to by the Minister of Forestry.

The forest protection units at all levels have legal status,
office, stamp, and are allowed to open his own account at
state treasury.

Article 3:

a) The forest protection department is headed by the
director, there is from one to two deputy directors. The
appointment, discharge the director, deputy directors will
be decided by the Minister of Forestry.

b) The provincial forest protection department is headed by
the director, there is from one to two deputy directors. The
appointment, discharge the director will be decided by the
president of provincial people's committee after agreed with
Minister of Forestry. The appointment, discharge the deputy
directors will be decided by the president of provincial
people's committee.

c) The forest protection section, forest products inspecting
section are headed by director, there is from one to two
deputy director. The appointment, discharge director, deputy
directors will be decided by director of provincial forest
protection department after agreed with provincial
organisation department.

II. TASK, AUTHORITY OF FOREST PROTECTION DEPARTMENT AND
FOREST GUARDS

Article 4: The forest protection department is the general's
staff to Minister for Forestry to carry out the function of
state administration on forest and protection of forest in
nationwide, while is the authority to instruct occupation,
profession and enforce the law, prevent the violating manner
to forest management and protection. The forest protection
department has following task, authority:

1. Monitor the enforcing of law, policy, regulation of
forest management, protection, control forest products
circulation. Suggest to Minister for forestry about
direction, required measures to implement in good way the
law, policy, scheme, regulation in this aspect.

2. Produce to submit to Minister for forestry so that the
ministry will declare or submit to state concerned committee
to declare the law document, policy, scheme, regulation,
sign, legal form which are required for forest management,
protection, forest products control and instruct to
implement those documents.

3. Suggest to Minister for forestry in organising
management, protection of protected forest and special-use
forest, production forest systems. Instruct and direct
localities, provinces to implement the management,
protection the above mentioned forest systems and the forest
area which has not been yet assigned to organisations,
individuals to manage, use under the decision of Minister
for forestry.

4. Determine and suggest to Minister for forestry to conduct
authority to suggest, seize implementing the documents of
organisations, offices, localities having content opposite
law and other regulations of the ministry about forest
management and protection.

5. Instruct the activities of education, spread the
awareness, encourage all people involved in protection and
establishment of forest resource, mobilise the mass forces
to protect forest, prevent all manners violating the law on
forest protection.

6. Instruct the inspection and auditing activities and treat
under the authority the violations in forest management,
protection and forest products circulation.

7. Manage, administrate, recruit, equip the physical
facility and train the guard force in nation wide under the
regulation of Minister for forestry.

Article 5: Provincial forest protection department is the
general's staff to assist the provincial people's committee
to implement the function of state administration on forest
management and protection in the locality, while is the
organisation to implement law on forest management and
protection, the provincial forest protection department has
the following tasks and authority:

1. Understand the forest resource, forest management,
protection situation in the locality. Suggest to provincial
people's committee the plan, measures to organise and
instruct the implementation of managing, protecting well the
forest resource and forest products in the locality.

2. Organise to implement the policy, regulations and rules
of the government about forest management, protection,
controlling forest products in the locality.

3. Directly instruct the forest protection section, forest
products inspection section in implementing the management,
protection and patrolling forest; check, inspect and treat
under the proper authority the violations of forest
management, protection, forest products control in the
locality.

4. Manage the forest area in the locality which are not
assigned to organisations, individuals to manage and use.

5. Organise conducting the activities of education,
spreading awareness in forest management, protection and
encourage people to protect, develop forest source.
Instruct, direct the establishment the mass force and the
operation of such organisation in forest protection in the
locality.

6. Manage, administrate, recruit, equip the physical
facility and train the guard force in the locality under the
instruction of Ministry of forestry.

7. Determine and suggest to president of provincial people's
committee treating the documents of authorities and office
in the province having content opposite law and other
regulations of the government about forest management and
protection.

8. Coordinate with district people's committee to set up the
plans, projects to manage and protect forest in the
districts and instruct to implement well that plans and
projects.

Article 6: The guards in implementing the task of forest
management and protection have to maintain the law, operate
their own function, and authority assigned; have to wear
uniform, badge and sign of forest protection force.

Article 7: The guards in duty to check, inspect the
enforcement of law on forest management and protection have
the right to:

a) Ask the organisations, individuals concerned to provide
situation, figures, document necessary relating to the
checking and inspecting.

b) Where has the sign of violation to the law on forest
management and protection, forest products control, the
guards are allowed to inspect on spot (including the port,
station, on the transportation means, individual house,
office, factory, camp...)

c) In case discovering the operation of organisation,
individual has the threat directly causing forest fire,
destroying forest, polluting seriously the forest
environment, then they have right to order organisation,
individual to temporarily stop that operation and report to
proper authority to settle.

d) Have the right to ask the transport means driver carrying
forest products on land and water ways to stop for forest
products inspection.

e) The heads of forest protection department at all levels
have the right to ask local government to mobilise people,
required facilities to stop fire properly, remove insect and
diseases destroying forest, prevent other manners to destroy
forest resource and treat in time the violation under their
assigned authority.

f) In case necessary, they are allowed to use weapon and
specialised facilities under the stipulation of the laws.

Article 8: The authority to treat fine and penalty of forest
guards.

a)  Allowed to treat administrative violation and the decree
14/CP dated 15/12/1992 of the government stipulated about
administrative treatment in forest management and
protection.

b) The heads of forest protection department at all levels
have the right to denounce, investigate the criminal in
forest management and protection process under the
stipulation at Article 93 of law on criminal legitimate and
Article 29 of decree to investigate criminal matters, the
stipulation at Article 181, 194 and 216 of the criminal
laws.

Article 9: The forest guards or forest protection
organisation who abuse the function and authority to manage
opposite the law, policy, scheme of the government will be
treated under the legislation.

III. STAFF, BUDGET AND EQUIPMENT SCHEME OF FOREST PROTECTION
DEPARTMENT

Article 10: The staff and budget for equipment and operation
of forest protection department will be subsidised by the
government.

Article 11: The forest guards will be equipped uniform,
badge, strap, card, banner, weapon and other specialised
facilities.

a) Uniform of forest guards has two kind for winter and
summer, which is prepared in unified colour and style; it is
provided with cap and helmet.

b) The badge of the forest guard ticked in front of the
helmet. The badge made of metal, in round of 32 mm diameter,
with the words 'forest guard', the leaf and star in the
badge.

c) Forest guard strap: there are two kinds, the collar strap
and the shoulder strap. The strap has green front and the
number of star is depended on the title.

d) The forest guard card ticked on the left pocket in the
shirt. The card has photo, full name, number of forest guard
and the organisation.

e) The banner is in green, triangular shape, in the middle
has forest guard badge.

Enclose with this decree, the appendix explains the details
of the badge. strap, card banner of forest guards.

IV. IMPLEMENTATION CLAUSE

Article 12: The Minister for forestry has the responsibility
to:

a) Stipulate the function, tasks, organisation structure of
forest protection department.

b) Agree with organisational and personnel department of the
government to declare the organisational regulation,
operation and qualification of forest guard force; stipulate
the relationship between forest protection department and
state forest management agencies at all levels; set up the
general personnel structure for forest guard force and
distribute forest guard according to the requirement of
forest management, protection in each locality.

c) Stipulate and instruct the organisation and operation of
the force for forest management, protection in each
production and trading in forestry, the organisation
controlling special used forest, protection forest and mass
force protection in the locality.

Article 13: The president of provincial people's committee
has the responsibility:

a) Stipulate in details the mandate, authority and
organisational structure of forest protection department at
all levels in the locality under the instruction of ministry
of forestry and the organisational and personnel department
of the government.

b) Stipulate the mandate of district and commune people's
committees in forest management, protection in the locality
and collaboration with mass groups to spread, educate people
to involve in implementing regulations of forest management
and protection, prevent all manners violating forest law and
monitoring operation of forest guard force in the locality.

Article 14: This decree is available from the declared date,
all regulation and decree opposite to this decree will be
cancelled.

Article 15: Minister for forestry, Minister-head of
organisational and personnel department of the government,
ministers and heads of ministerial equal organisations, head
of office in the government, president of provincial
people's committee will be in charge to implement this
decree.

On behalf of GOVERNMENT

PREMIER

Vo Van Kiet (signed)

Do not announce on mass media

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