Decision No. 390/QD-TTg dated April 11, 2018 of the Prime Minister on promulgating the Plan on organization of the implementation of the Law on Forestry and the Law on Fisheries

DECISION

Promulgating the Plan on organization of the implementation of the Law on Forestry and the Law on Fisheries^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 15, 2017 Law on Forestry;

Pursuant to the November 21, 2017 Law on Fisheries;

At the proposal of the Minister of Agriculture and Rural Development;

DECIDES:

Article 1.To promulgate together with this Decision the Plan on organization of the implementation of the Law on Forestry and the Law on Fisheries.

Article 2.This Decision takes effect on the date of its signing.

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decision.-

Prime Minister
NGUYEN XUAN PHUC

PLAN

On organization of the implementation of the Law on Forestry and the Law on Fisheries

(Promulgated together with the Prime Minister’s Decision No. 390/QD-TTg of April 11, 2018)

Law No. 16/2017/QH14 on Forestry, which was passed by the XIV^thNational Assembly at its 4^thsession on November 15, 2017, will take effect on January 1, 2019. Law No. 18/2017/QH14 on Fisheries, which was passed by the XIV^thNational Assembly at its 4^thsession on November 21, 2017, will take effect on January 1, 2019.

In order to promptly, synchronously, consistently and effectively implement the Law on Forestry and the Law on Fisheries, the Prime Minister promulgates the Plan on organization of the implementation of the Law on Forestry and the Law on Fisheries with the following contents:

I. PURPOSES AND REQUIREMENTS

1. Purposes:

a/ To identify specific work contents, time limits and schedules for their completion as well as responsibilities of agencies and units related to the organization of the implementation of the Laws, ensuring its timeliness, synchronism, consistency and effectiveness;

b/ To disseminate the Law on Forestry and the Law on Fisheries among people of all strata, cadres, civil servants and public employees; to organize training courses for fisheries workers.

c/ To build a mechanism for effective coordination among ministries, ministerial-level agencies, government-attached agencies and localities in organizing the implementation of the Laws nationwide.

d/ To raise the awareness about the Laws and responsibility for organizing the implementation thereof.

2. Requirements

a/ To follow the direction of the Government and Prime Minister in organizing the implementation of the Laws.

b/ To identify work contents associated with responsibilities and bringing into play the proactive and active roles of state management agencies at central and local levels, to ensure the quality and schedule for completion of work.

c/ To ensure the constant and effective coordination among ministries, ministerial-level agencies, government-attached agencies and localities in organizing the implementation of the Laws.

d/ To draw up specific schedules for uniformly and synchronously implementing the Law on Forestry and the Law on Fisheries nationwide from January 1, 2019.

dd/ To regularly and promptly examine, urge and guide removal of difficulties and resolution of arising problems in the course of implementation to ensure the timeliness and effectiveness of the implementation of the Laws.

II. CONTENTS ON ORGANIZATION OF THE IMPLEMENTATION OF THE LAW ON FORESTRY AND THE LAW ON FISHERIES

1. To disseminate the Laws’ contents

a/ At the central level

The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and related agencies in, organizing meetings on the implementation of the Laws and disseminating the contents of the Laws through specialized sections, programs, training courses, compilation of materials and other forms under the Law on Law Dissemination and Education.

b/ At the local level

Provincial-level People’s Committees shall disseminate the contents of the Laws in forms suitable to their local practical conditions, specific target groups and geographical areas (through integrating special subjects on the Laws in training workshops and courses to update new legal knowledge under the law dissemination and education plan).

c/ Implementation time: In 2018 and subsequent years.

2. To review current legal documents and national standards and technical regulations relevant to the Law on Forestry and the Law on Fisheries; to amend, supplement, replace, annul inappropriate ones and promulgate new ones in conformity with the Law on Forestry and the Law on Fisheries or propose competent agencies to do so.

a/ At the central level

- Responsible agency: The Ministry of Agriculture and Rural Development (to act as a focal point for summarizing review results and reporting them to the Prime Minister).

- Coordinating agencies: The Ministry of Natural Resources, Ministry of Finance, Ministry of Science and Technology, Ministry of Planning and Investment, ministries, sectors, agencies and other related organizations (to directly review and submit review results to the Ministry of Agriculture and Rural Development).

- Completion time:

+ The review results of ministries, agencies and organizations shall be sent to the Ministry of Agriculture and Rural Development before August 15, 2018.

+ The Ministry of Agriculture and Rural Development shall report the review results to the Prime Minister in September 2018.

b/ At the local level

- Responsible agency: Provincial-level People’s Committees.

- Coordinating agencies: related agencies and organizations.

- Completion time: In September 2018.

3. To formulate legal documents detailing and guiding the implementation of the Law on Forestry and the Law on Fisheries

a/ Regarding the Law on Forestry

- Documents to be submitted for promulgation or promulgated by the Ministry of Agriculture and Rural Development according to its competence:

+ Four government decrees: (1) Decree detailing a number of articles of the Law on Forestry; (2) Decree on management of endangered, specious and rare forest fauna and flora species and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; (3) Decree on forest management and specialized forest protection forces; and (4) Decree on sanctioning of administrative violations in the field of forest management.

Responsible agency: The Ministry of Agriculture and Rural Development.

Coordinating agencies: The Government Office, Ministry of Justice, Ministry of Natural Resources and Environment, ministries, ministerial-level agencies, government-attached agencies, and other related agencies and organizations.

Time for submission to the Government: In September 2018 (except for the Decree on sanctioning of administrative violations in the field of forest management to be submitted in December 2018).

+ Seven ministerial circulars: (1) Circular detailing the importance levels of protection forests and demarcation of forest boundaries; (2) Circular on sustainable management of forests; (3) Circular on forest investigation; (4) Circular on exploitation of forest products, lawful forest product dossiers, and management of forest product origin; origin tracking dossiers and marking of specimens of forest fauna and flora species; (5) Circular on management of forest plant varieties; (6) Circular on silvicultural measures; and (7) Circular on forest valuation measures and price frame;

Responsible agency: The Ministry of Agriculture and Rural Development.

Coordinating agencies: Related agencies and organizations.

Completion time: In October 2018.

- Provincial-level People’s Committees shall decide on the price frames of forests in their localities as prescribed in Clause 4, Article 90 of the Law on Forestry.

b/  Regarding the Law on Fisheries

- Documents submitted for promulgation or promulgated by the Ministry of Agriculture and Rural Development according to its competence:

+ Two government decrees and one Prime Minister decision: (1) Decree detailing a number of articles of the Law on Fisheries; (2) Decree on sanctioning of administrative violations in the field of fisheries; and (3) Decision on major reared aquatic animals:

Responsible agency: The Ministry of Agriculture and Rural Development.

Coordinating agencies: Related ministries and sectors.

Completion time: In October 2018 (except for the Decree on sanctioning of administrative violations in the field of fisheries to be completed in December 2018).

+ Eight circulars of the Minister of Agriculture and Rural Development: (1) Circular guiding the updating, use and management of the national fisheries database; (2) Circular guiding the protection and development of fisheries resources; (3) Circular guiding aquatic breeds, aquatic animal feeds and products for treatment of aquaculture environment; (4) Circular on certification of caught fisheries products; (5) Circular on registration and inspection of fishing vessels and fisheries support vessels; (6) Circular guiding crewmen working on fishing vessels; (7) Circular on the uniform of fisheries surveillance forces; the painting color and number sign of fisheries surveillance ships; and (8) Circular on risk assessment and licensing of import of live aquatic products.

Responsible agency: The Ministry of Agriculture and Rural Development.

Coordinating agencies: Related ministries and sectors.

Completion time: In October 2018.

Documents submitted for promulgation or promulgated by other ministries and sectors according to their competence:

+ One government decree: Decree guiding the assignment of sea areas for aquaculture.

Responsible agency: The Ministry of Natural Resources and Environment.

Coordinating agencies: Related ministries and sectors.

Completion time: In October 2018.

+ One ministerial circular: Circular on payment of expenses for mobilized and appointed organizations and individuals and collaborators.

Responsible agency: The Ministry of Finance.

Coordinating agencies: Related ministries and sectors.

Completion time: In October 2018

- One document to be formulated by every locality: Decision promulgating special local criteria and procedures for approval of dossiers of request for grant of written approval of building, transformation, hiring and purchase of marine fishing vessels; and regulations on building, transformation, hiring and purchase of fishing vessels operating in inland waterways under their management.

Responsible agency: Provincial-level People’s Committees.

Coordinating agencies: The Ministry of Agriculture and Rural Development and related agencies and organizations.

Completion time: In October 2018.

4. Implementation of transitional provisions of the Law on Forestry

a/ Provincial-level People’s Committees

- To review and identify approved projects on change of forest-use purposes to other purposes for which ground clearance has not yet been carried out before the effective date of the Law, and report them to the Minister of Agriculture and Rural Development before December 31, 2018, for summarization and reporting to the Government.

- To review natural forest areas which have not been included into any special-use forest, protection forest or production forest master plan and report them to the Ministry of Agriculture and Rural Development before December 31, 2018.

b/ The Ministry of Agriculture and Rural Development shall summarize the nationwide implementation of the contents specified at Point a of this Clause for reporting to the Prime Minister.

III. ORGANIZATION OF IMPLEMENTATION

1. Ministries, ministerial-level agencies, and chairpersons of provincial-level People’s Committees shall, within the ambit of their management, proactively and actively implement this Plan according to their assigned tasks in a timely, qualitative, effective and efficient manner, avoiding formalism and wastefulness.

2. Funds for implementation of this Plan shall be allocated from the state budget under the annual regular expenditure estimates and from other lawful funding sources.

The formulation, management, use and finalization of funds for organizing the implementation of the Law on Forestry and the Law on Fisheries must comply with the law on the state budget. Ministries, sectors, and provincial-level People’s Committees assigned to implement activities of this Plan within 2018 shall prepare  additional budget estimates and arrange and allocate funds within their 2018 state budgets for organizing the implementation.

Agencies assuming the prime responsibility for specific contents and tasks prescribed in this Plan shall take the initiative in arranging and allocating funds within their approved annual budgets; prepare additional budget estimates for implementing this Plan and mobilize other funds under law for the implementation.

The Ministry of Finance and People’s Committees at all levels shall ensure funds for the effective performance of the tasks of ministries, sectors and localities.

3. The Ministry of Agriculture and Rural Development shall assist the Prime Minister in  monitoring, urging and guiding ministries, provincial-level People’s Committees and related agencies in performing the tasks specified in this Plan on schedule, and summarize the implementation results of this Plan and report them to the Prime Minister.-

Prime Minister
NGUYEN XUAN PHUC