Guide CIRCULAR build and organize conventions protecting and developing forests in rural communities

______________________________ Pursuant to the Law on Protection and Development of Forests 2004;
Pursuant to Decree No. 23/2006 / ND-CP of March 3, 2006 of the Government on the implementation of the Law on Forest Protection and Development;
Pursuant to Ordinance No. 34/2007 / PL-UBTVQH11 April 20, 2007 by the National Assembly Standing Committee on the implementation of democracy in communes, wards and towns;
Department of Agriculture and Rural Development, construction guide and organize the implementation of the protection and development of forests in rural communities, as follows:
I.
GENERAL PROVISIONS 1. Scope of regulation: This Circular guides the order, content building, implementation of the protection and development of forests in rural communities (hereinafter referred to as the Regulations).
2. Subjects applied
this Circular as they apply to the following entities:
- village community forest allocation by the State under the provisions of Article 29 and Article 30 of the Law on protection and development of forests 2004;
- The rural communities residing in or near forests. 3
. Conventional forms
Depending on the specific conditions of the rural communities that choose the form suitable convention, including:
a) own convention: only specified content management, protection, use and development of forests.
B) As a general point: content management, protection, use and development of forests to be integrated into the general convention of the rural communities.
4.
Definitions In this Circular, the following terms are construed as follows:
a) Community forests are State forest allocated to communities for management, protection, development and use stable, long-term forestry purposes;
B) Forest Management in rural communities is a form of forest management in rural communities such as forest owners to participate in activities and forests, forest management planning and organization implementation of that plan, implement and benefit obligations, monitoring and evaluation of forest State to rural communities;
C) Community Forest Management Board is organized village by village communities set up to coordinate the activities related to the management of village forests (hereinafter referred to as Forest Management Unit );
D) The protection and development of forests in rural communities are the rules of conduct within the community, community building, "majority agreement" and voluntarily made, were State agency authorized to approve.
5. Construction purposes, the implementation of the Convention Implementing the policy
socialization protection and development of forests, mobilize human resources rural communities protect and develop forests by combining TV good systems and practices of the community with the policies and laws of the State.
6. The convention's requirements
a) Inherit and promote the traditions and customs, traditional moral goodness of the community, the elimination of bad practices superstition, illegal fines; use specific language of the people, simple, easy to understand, easy to implement;
B) The provisions of the Convention must be appropriate undertakings and policies of the Party and not contrary to the provisions of the law and only offer content suitable conditions and local practices; respect, protection of honor, personal reputation, unity, consensus of rural communities, encouraging forms of education, persuasion and voluntary, public apologies, remedial in the convention violations;
C) Strengthening the management and sustainable use of forests and forest land, limiting the negative impacts affecting forest resources;
D) To ensure the fairness of the benefits from forest resources.
II. CONVENTIONAL CONTENT
Depending on the specific conditions of each rural communities that choose the following issues to the provisions in the Convention:
1. Forest protection
a) shifting cultivation, such as arable planned right, slash to control, anti-fire spread; on shifting cultivation;
B) preventing and fighting forest fires, use of fire in the forests and prevent organisms harmful to forests;
C) grazing in the forest;
D) On the exploitation, sale, transportation of timber and non-timber forest products;
E) Regarding protection, mining, hunting, breeding and development of wildlife;
E) Regarding the mobilization of internal resources of rural communities to protect forests and the coordination between rural communities and other forest owners adjacent to the protection of forests.
2. Forest development work
a) location, size, species, planting time;
B) Regarding the location, area zoning, forest regeneration, tending and forest enrichment planting trees under the forest canopy;
C) The form of rural communities participate in planting, tending and forest regeneration, tending secondary forest enrichment planting as strikes or distributed to households. 3
. Other matters related
a) the rights and obligations of the members of the community in the management, protection and development of forests and the division of benefits derived from the results of management, protection and use use and development of forests in rural communities.

Where rural communities were State agencies competent and forests, it is necessary to discuss thoroughly the rights and obligations of the Community under the provisions of Article 30 of the Law created to protect and develop forests in 2004 and other relevant documents;
B) support cooperation policy; mutual assistance among members of the community in the protection, development and production services organization, consumption of forest products in the forest area, forest land by the State;
C) Service activities, ecotourism, traditional festivals forests by the State;
D) Regarding the settlement, treatment and compensation for violations of the Convention;
E) Contributing, management and use of funds for forest protection and development of rural communities;
E) Rewards and handling organizations and individuals inside and outside the rural communities.
III. CONVENTIONAL CONSTRUCTION STEPS
1. Step one: (Preparation)
a) To organize social meetings: CPC Chairman chaired the meeting with representatives of social organizations and village chiefs (inviting commune Party secretary, secretary of the village, Protection local forest attendees) to uniform policies and measures implemented plans to build convention, identified key objectives of the conventions in each rural community (forest protection and development of forests or the protection and development of forests);
B) Collection of Documents: After obtaining the opinion of the commune People's Committee, village chiefs with the support of the local forest protection, social Justice collecting documents related to the construction of convention , such as
- the provisions of community law and the protection and development of forests, customary practices and community activities ...
- the results of the investigation of forest, tied to the land and forest allocation forestry, forest management plans community ... (if applicable);
- The rights and obligations of the beneficiary communities are being implemented;
- The type of status maps, community forest resources; planning scheme for shifting cultivation;
- Other documents concerned.
C) Meetings representative households in rural communities
village chiefs under the support of the local forest protection organizations invited and hosted meetings with representatives of family associations in rural communities, elders, secretary, representative of the women's Union, veterans, youth ... and invite the President of the commune people's Committee attended the meeting.
Contents of the meeting are:
- Agree to the order and time to build convention, choose the form of Conventions and identify the main content provisions of the Convention.
- The election of the head of forest management and forest management unit (if no);
Village chiefs or elders as Head of community forest management. The community members are selected from groups such as the Branch Village, Farmers Union, Women, Veterans, Youth Union ... Chief Executive responsible, examine forestry activities geographical areas rural communities.
- Unify tasks forest management board, consisting of:
+ Construction planning community forest management;
+ Chair drafting convention with the support of the local forest protection, social Justice;
+ Dividing groups and assign groups implementing forest management plans, each group with the leader and deputy leader;
+ Raising capital and manpower to implement forest management plans;
+ Check the implementation of forest management plans; exploitation of forests and non-timber products and the distribution of benefits from community forests;
+ Prepare and implement a plan to spend development funds and forest protection;
+ Reporting results of community forest management to the commune.
- Establish the Team specializes in community forest management.
Depending on the specific conditions of each place, communities can establish specialized group or interest group Forestry (protection, reforestation, forest exploitation ...).
- Establish a forestry inspector, forest inspection team has two tasks:
+ Helps village chiefs inspect the manufacturing activities of the community; resolve disputes, verify and clarify the violation cases;
+ Representing the masses monitor the activities of village leaders, the Fund's forest protection and development of the community.
2. Step two: (draft and adopt the draft convention)
a) Draft Regulations: Pursuant to the Resolution of the meeting representing the actual village and village community, Head of Forest Management Workshop discussions with the members of the forest Management Unit, conducted the draft convention and village chiefs after reports the draft convention was essentially complete.
B) Through Regulations
- village chiefs convene meetings of voters or voter-representatives of households in the village to discuss, through each content of Conventions and Conventions ratified by voting;
- The convention was adopted only in rural communities when more than 50% of the total number of voters or voter-representatives of households in rural voting by show of hands or secret ballot;
- If the number of votes not yet reached the 50% of the total number of voters or voter-representatives of households in the village, the village head reorganization meeting. School reorganization meeting is not a meeting, the village head's report card comments households and enclose the draft convention;

- Meeting or represented voters in rural households through the Convention must be members of the Board make a record of forest management. The record shall contain the time component, the host, invited delegates, the content is adopted, the number of voters or voter-approved representative, signed by the person who presides over the village chiefs and the secretary of the meeting . 3
. Step three: (To approve the Regulations)
- Within 05 working days from the date of the meeting rural communities through the draft convention, the village chiefs to send the draft Convention and Meeting Minutes communities to commune-level people's Committees;
- Within 03 working days from receipt of the draft convention and meeting minutes of the rural communities, Chairman of the commune People's Committee shall make a written request to People's Committees district convention approve rural communities and enclose convention and meeting minutes of the rural communities.
In case of disagreement with the draft convention, the commune People's Committee sent back immediately to the village head and guiding the amendment and completion;
- In case of disagreement with the draft convention or the text of the CPC, the district-level People's Committees must return immediately to the communal People's Committee amended requirements, complete;
- Within 02 working days from the date of receiving the communal People's Committee, the district People's Committee sent the draft convention and asked the Justice Department to coordinate forest protection appraisal district convention;
- Within 05 working days from the date of receipt of the request of the district People's Committee, Department of Justice advised the Chairman of the district People's Committee issued a decision Workers Regulations ( appendix 01 attached) .Truong of non-recognition, they must reply in writing, clearly stating the reasons.
4. Step four (Implementation Regulations)
a) Dissemination Regulations Regulations
After the Chairman of the district People's Committee decided to recognize the convention, village chiefs organization's plenary people in rural communities in order to inform decision approving the convention of presidents of the district people's Committee, is popular all content and unified convention next activities, such as:
- responsibilities of village chiefs, each of the people in rural communities, forest management boards rural communities;
- Plan to monitor and supervise the implementation of the Convention;
- Common planning, communication etiquette, as held radio, print, press release Regulations and leaflets to households and members, building protection schemes and development of community forest rural population ...
b) monitoring the implementation of the Convention
village head is responsible to supervise and report the commune people's Committee on the implementation of the Convention, including:
- monitoring the implementation of the plan, namely:
+ perform logging (place, area, volume, proper technique);
+ Management, forest protection (against deforestation, preventing and fighting forest fires, shifting cultivation forest pest control);
+ The other silvicultural plan (volume, engineering, quality, effectiveness);
- Monitoring the implementation of conventions (abuses, the handling, the sharing of benefits ...);
- Supervise and development fund forest protection, including revenues and expenditures, effective use of funds (for the protection of investment, construction and development; supports manufacturing, services export credit ...).
C) Review the implementation of the Convention
late, village chiefs preside over the meetings of voters or voter-representatives of households in the village to assess the implementation of the Convention can be integrated in activities other community activities to evaluate the implementation of the Convention in accordance with the following criteria:
- Economics;
- About silvicultural and environmental protection;
- About society.
Depending on the possibilities and conditions for selection of the specific evaluation criteria appropriate to each rural community (Appendix 02 attached).
IV. MANAGEMENT AND DIRECTION, AND GUIDELINES FOR IMPLEMENTATION OF THE CONVENTION
1. Responsibilities of Department: directing instructions, check the overall results of the construction, implementation of the Convention within the country.
2. Responsibilities of the provincial People's Committee
a) promulgate mechanisms and policies, organize and guide the formulation and implementation of the Convention to the subjects specified in Clause 2, Section I of this Circular fit with actual local conditions;
B) Directing the state agencies involved in the local integration of programs and projects in the field of management, protection and development of forests to contribute to the construction and implementation of the convention. 3
. The responsibilities of the district People's Committee
a) Steering ranger, Justice Department guidelines, testing and coordination with commune-level People's Committees and rural communities in the formulation, implementation existing conventions;
B) ensure funding for construction and implementation of the Convention under synthesized construction cost estimates and implementation of each convention rural communities of the commune People's Committee.
The issuance, payment and settlement of funds for building and implementing conventions follow the provisions of the Budget Law and the relevant guidance documents;
C) The decision recognized conventions.
4. Responsibilities of commune-level People's Committees

A) planning to build the convention district People's Committee and FPD;
B) Every year, the aggregate construction cost estimates and implementation of each convention rural communities in the draft budget of the commune People's Council for consideration and decision;
C) urge and guide the community building, the implementation of the Convention; coordinate with local forest ranger guide and supervise the implementation of the Convention;
D) Settlement of construction disputes, implementation of the Convention within its jurisdiction.
5. Responsibilities of village chiefs
a) Lead the development, implementation and monitoring and evaluation Regulations under the guidance in this Circular;
B) Lead increased political organizations - grassroots social organizations and village elders to mediate disputes, breach of etiquette;
C) Resolving the difficulties and problems in the construction and implementation of the Convention.
6. Responsibilities of the Department of Agriculture and Rural Development
a) To advise the provincial People's Committee issued a policy related to community forest management, construction and implementation of the Convention, in accordance with conditions local reality;
B) Develop criteria and indicators to monitor, assess and guide the implementation of community forest management and implementation of the Convention, in accordance with local economic conditions.
7. Responsibilities of local forest ranger office
a) FPD
- Lead and coordinate Forestry Department and the Department of Justice advised the provincial People's Committee building specific instructions and implement appropriate etiquette conditions of local practices;
- Directing FPDs coordinate with commune-level People's Committees to support rural communities construction, implementation of the Convention in accordance with the provisions of this Circular;
- Every 6 months, annually review the situation of the construction, the implementation of the Convention in the province reported the provincial People's Committee and the FPD.
B)
ranger - To direct commune-level People's Committees and modern Ranger village head table construction coordination, implementation of the Convention;
- Every 6 months, annually review the situation of the construction, the implementation of the Convention reported FPD.
8. The amendments and supplements to the Convention have been developed and implemented previously held
For rural community village built convention to protect and develop forests according to Circular No. 56/1999 / TT -BNN-KL, the village chiefs organizations assess the building and implementation of the Convention, to consider possible amendments and supplements to the Convention under the guidance of this Circular.
9.
Effect This Circular takes effect after 15 days from the date of its publication and replaces Circular No. 56/1999 / TT-BNN-KL March 30, 1999 of the Ministry of Agriculture and Rural development guiding the elaboration of village forest protection and development in rural communities, villages, hamlets, villages.
In the course of implementation, if any problems arise, localities and units to the Ministry of Agriculture and Rural Development to amend and supplement.