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Decision 253/1998/qd-Ttg Dated: About Making Responsible Governance Of The Levels Of The Forest And Forest Land

Original Language Title: Quyết định 245/1998/QĐ-TTg: Về thực hiện trách nhiệm quản lý Nhà nước của các cấp về rừng và đất lâm nghiệp

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The DECISION by the PRIME MINISTER on the implementation of the responsibilities of State management of the levels of the forest and forest land _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law to protect and develop forests on August 12, 1991;
Pursuant to the law of the land on July 14, 1993;
Basing the Ordinance about the specific powers, duties of people's councils and people's committees at each level on June 25, 1996;
To further concretize the implementation of Decree dated 17 January 17, 1992 of the Council of Ministers (Government) of Law enforcement to protect and develop forests and implementation of innovation strategies in the forestry industry in the new period;
According to the recommendation of the Minister of agriculture and rural development, Minister, head of the Organization-Government officials and the General Director of the Bureau, the DECISION: article 1. This decision aims to explicitly state management responsibility of the authority for the forest and forest land, contribute to preventing these acts ruin the forest resources, forest land, create conditions for every organization, households and individuals actively involved in the protection and development of forests.
Article 2. Content of State management of forest and forest land: 1. Investigate, identify the type of forest, forest, boundary delineation of forest land on the map and the address to the administrative unit; the statistics follow the forest, forestry land upheaval.
2. Planning, protection plan, development of the forest and use of forest, forest land on the nationwide and in each locality.
3. Promulgation of the law on the management, protection and development of forests, use of forest, forest land and organizing the implementation of the text issued by the authority prescribed by law.
4. Delivery of forest land and forests, forestry and forest land.
5. Registration, establishment and management of the main book, certificate of land use.
6. test, inspection and handling of the breach in the law, the Executive management policy, protection, forest development; use of forest, forest land.
7. Solve the disputes on the forest and forest land.
Article 3. Responsible for managing the State of forests and forest land of the ministries in the management of forest protection, forest fire prevention, construction and development of forests, particularly in remote areas, borders, Islands, associated with the protection of security defense.
1. Ministry of agriculture and rural development is the agency responsible to the Government of the State of forest management.
a routine investigation, Phuc), classified the forest area statistics, and reserves of each forest type, forest mapping and forest land on the nationwide.
b) planning, protection plan, forest development and long-term forest use on nationwide to Government review process.
Evaluation planning, protection plan, development of forest, use of forest and forest land of the provinces and cities under central Government approval before submission.
c) The Government approved natural forest wood production is allowed to exploit, annual consumption nationwide.
Appraisal of records the aggregate extraction design of natural forests and the decision to open the forest exploitation for provinces and cities under central.
d) proposed the Government decided to establish the national parks, protected forests, forests of protective national importance or which covers much of the same national forests, and delivered to the organization under the Ministry of agriculture and rural development, other relevant industries or people's Committee of management , protect and build.
DD) build the text under the law the Government promulgated and issued under the authority of the policies, modes, rules, procedures, technical rules relevant to the management, development, protection of the forest and use of forest land in the country.
e) organized in collaboration with State inspectors to conduct inspections, to check the State of forest management for the Government; inspection of the observance of the law of the jungle of institutions, households, individuals assigned the forest and forest land.
g) resolve the dispute about the forest, mixed with the local Bureau General meeting resolving land disputes between forest owners and forestry in different provinces; commended those organizations, households, and individuals who have outstanding achievements.
f) In special cases, in cooperation with the Ministry of defence, the Ministry of public security to steer the work of forest protection, forest fire prevention is effective.
Steer Rangers agency under the Ministry of agriculture and rural development or sanction to prosecute the violations of the law of damage to forest resources in accordance with the law.
2. Local Administration is the agency responsible to the Government of the State administration of forestry land.
3. The Ministry of defence, the Ministry of public security is responsible for directing the base unit have collaborated with Rangers patrol they're poaching, forest protection and forest fire prevention in collaboration with the Department of agriculture and rural development, forest development and construction. Especially in the remote areas, borders, Islands, developing forest protection must be attached to the protection of security defense.
Article 4. Responsible for managing the State of forests and forest land of the provincial people's Committee, the central cities (collectively, the provincial people's Committee): 1. Chairman of the provincial people's Committee responsible to the Prime Minister on the protection of forest development, use of forest and forest land of his local.
a) organizing the investigation, classified the forest area statistics, and each type of forest reserves, mapping of forests and forest land in the province under the guidance of the Ministry of agriculture and rural development and Local Administration.
Steering committees at district level follow forest resources (in terms of structure, area and forest reserves), forest land and sum up the report.
b) planning and protection plan, development of forest, use of forest and forest land of the provincial councils through Government review process before.
Guide the people's Committee of district level planning, protection plan, develop a forest, use of forest and forest land, and approve a plan, that plan.
General design approval of forest exploitation of natural forest owners; the decision to license the exploitation after the Ministry of agriculture and rural development general records appraisal and decision-making open forest exploitation.
c) defines protective forests, protected forests, the forests of the culture, history, landscape, travel locally after the writing of the Ministry of agriculture and rural development, of the relevant industry and allocated to the organizations directly under the provincial people's Committee of management , construction.
d) Assigned forest land and forests, forestry and forest land, the certification of land use under the provisions of the law; Steering committees at district level, and forest land to individual households.
For an area of forests and forest land in the commune is not yet assigned to anyone managing, using, then delivered to the people's Committee at township level to manage and plan to gradually put into use.
DD) Organization of fire, forest fire, harmful pesticide in local forests.
e) forest protection network organization, mobilized the forces in coordination with the Rangers stop all acts ruin the forest all around the province.
g) governing jurisdiction assigned the forests and special purpose on the province.

h) released the text under the authority to steer people's Committee at district level, social, institutions, households and individuals played in the province made the laws, policies, regulations, regimes of State for management, protection, construction and development of forests.
I) conduct inspection, inspection of the observance of the law on the protection of the province's forest development. Sanctioning administrative violations in the field of management, forest protection under the provisions of the law.
k) to resolve the dispute about the right to use the forest, forest land under the provisions of the law.
2. The Department of agriculture and rural development is the provincial people's Committee to help implement state management responsibility of forest and forest land.
3. the FPD is the body responsible for checking implementation of monitoring the enforcement of the law on protection and management of forest development in the province. In special cases, organized in collaboration with the military, public security forces to patrol us Karuna forest protection and forest fire prevention.
4. Department of Cadastral Agency is helping the provincial people's Committee in implementing responsible governance on forest land.
Article 5. Responsible for managing the State of forests and forest land of county-level people's committees: 1. President of the district-level people's committees responsible to the Chairman of the provincial people's Committee about the protection, development of forest, use of forest, forest land district.
a) base planning, forestry development plan of the province, planning, management planning, protection, forest development, use of forest and forest land in the district, the district councils through before the provincial people's Committee.
Guide the establishment and review of the planning, protection plan, development of forest, use of forest and forest land of communal people's Committee, the town belongs to the district.
b) follow forest resources, changes in forest land district, periodically report the provincial people's Committee.
c) Organization and forest land, the recovery of forests and forest land; grant and revoke certificates of land use and forestry for the object under the authority of the district's decision.
d) forest protection network organization; mobilizing local forces in coordination with the Rangers stop all acts ruin the forest, along with forest fire, forest fire, pesticide harm the forest.
the Steering Committee) the people of the commune of tracking, check the implementation of the regulations, contracts, deliveries and stocks of forests for the Organization, the individual households in the district.
e) released the text under the authority to steer the implementation of laws, policies, regulations, state mode of management, forest protection, forest development, use of forest and forest land on the scope of the district.
g) testing, inspection of the observance of laws, policies, regulations, mode of management development, forest protection, forest use and forest land for the institutions, households, individuals and communities in the district. Sanctioning administrative violations in the field of management of forest protection under current law.
h) resolve disputes on rights to use the forest, forest land under the provisions of the law.
2. Agriculture and rural development is the people's committees at district level to help implement state management functions of the forest.
3. Nuts foresters district is the agency responsible for inspection and monitoring the enforcement of the law on the management of the protection and development of local forest district.
4. the main Division is the agency-level people's committees to help implement state management functions of forest land.
Article 6. Responsible for managing the State of forests, forest land-level people's committees of communes, wards and towns (known collectively as the social people's Committee): Chairman of the Social Committee responsible to the President of the people's Committee of the district level in the protection and development of forests land use and forestry, on.
a) forest management and forest land on the locality of the face: a list of forest; area, the boundaries of the forest; the deed assigned the forest; the delivery contract protection, stock farming, afforestation and regeneration between the institutions, households and individuals in town.
b) directed the village ... the construction and implementation of the Convention management, protection, and use of the building on forests consistent with current legislation.
c) on the basis of the district's plan, planning, master planning, project development, protection of forests, forest use and forest land, construction methods and forest land the Town Council passed before the people's committees at district level review; organizing the delivery of forest land for the institutions, households and individuals under the direction of the district people's Committee, confirmed the boundaries of forest and forest land of the forest owner.
d) follow forest resources, changes in forest land and the district-level authorities report; regularly examine the use of forest, forest land of institutions, households and individuals on the locality.
e) in collaboration with the Rangers and the public security forces, local military, organized mass forces on forest protection, detecting and preventing the infringement in a timely manner, destroying the forest.
g) advocacy, mobilization, guide the people made the fire measures in forest fire, mobilized its forces to help forest owners on forest fire.
h) sanctioning administrative violations in the field of management, forest protection according to the authority.
I) mediation of disputes of forest and forest land in the area.
Article 7. This decision takes effect 15 days from the date of signing; the previous provisions contrary to this decision are hereby repealed.
Article 8. The Secretary of the Ministry, ministerial heads, heads of government agencies, the Chairman of people's Committee of the province, central cities is responsible for organizing the implementation of this decision.