Decree No. 119/2016/ND-CP dated August 23, 2016 of the Government on policies on sustainable management, protection and development of coastal forests to cope with climate change

DECREE

On a number of policies on management, protection and sustainable development of coastal forests in response to climate change[1]

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

Pursuant to the December 3, 2004 Law on Forest Protection and Development;

Pursuant to the November 29, 2013 Land Law;

Pursuant to the June 25, 2015 Law on Marine and Island Resources and Environment;

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

The Government promulgates the Decree on a number of policies on management, protection and sustainable development of coastal forests in response to climate change.

Article 1. Scope of regulation

1. This Decree prescribes a number of policies on management, protection and sustainable development of coastal forests in response to climate change.

2. Coastal forests under this Decree comprise special-use forests, protection forests and land planned for plantation of protection and special-use forests in coastal areas and on islands (below referred to as coastal forests).

Article 2. Subjects of application

This Decree applies to domestic agencies, organizations, households, individuals and communities; overseas Vietnamese and foreign organizations and individuals involved in activities of managing, protecting, using and developing coastal forests in Vietnam.

Article 3. Management of coastal forests

1. Localities shall examine and transform coastal land areas already planned for plantation of production forests or of other categories which are suffering erosion or seriously affected by flying dunes or mobile dunes into areas planned for protection forest plantation. For coastal forests already allocated to households and economic organizations which, however, are important for response to climate change, the State shall consider recovering or repurchasing or compensating properties already invested by those households and organizations in accordance with law for coastal protection forest plantation.

2. Localities shall examine and relocate construction works affecting or threatening to affect the protection function of coastal forests out of the areas planned for important and very important coastal protection forests and coastal protection corridors. The State shall recover land areas planned for coastal forest protection and development which land users have used for other use purposes without permission and have been administratively sanctioned for such improper land use but still commit these violations.

3. Investment projects which change the use purpose of coastal forests and coastal forest land must comply with the law on forest protection and development and the land law.

Article 4. State investment policies for management, protection and development of coastal forests

1. Local budget funds shall be provided for the management, protection and development of coastal forests under approved plans and cost estimates and in accordance with the law on state budget, including:

a/ Making statistics and inventories of forests and monitoring forest resource developments;

b/ Allocating and leasing coastal forests;

c/ Operations of management units of special-use forests and coastal protection forests as decided by competent state agencies;

d/ Public information and education; forestry extension; capacity building and awareness raising about the role and functions of coastal forests in response to climate change;

dd/ Research and application of scientific and technical advances to the protection, use and development of coastal forests;

e/ Investment in and funding apart from the central budget support and investment prescribed in Clauses 2 and 3 of this Article according to local practical conditions.

2. Central budget funds shall be provided for non-business economic activities for contracted forest protection and zoning off for culture and natural regeneration of coastal forests.

a/ The maximum support level for contracted protection of coastal forests equals 1.5 times the average level currently prescribed for contracted protection of protection forests.

b/ The support level for zoning off for culture and natural regeneration of forests is VND 4 million/hectare for 5 years (VND 800,000/hectare/year on average).

c/ The fund for making dossiers of contracted forest protection and zoning off for culture and natural regeneration is VND 50,000/hectare, which applies only to the new contracted areas in the first year.

3. Central budget funds shall be invested in coastal forest development under approved projects, covering:

a/ Surveys and planning of coastal forest protection and development;

b/ Forestation and improvement of poor-quality coastal forests which cannot be regenerated according to approved economic-technical norms, designs and cost estimates with a planting and tending period of 5 years;

c/ Zoning off for culture and regeneration combined with additional plantation according to approved economic-technical norms, designs and cost estimates for coastal protection forests and special-use forests which are poor-quality natural forests unqualified to be forests;

d/ Building works to prevent erosion and help create banks for restoration and
development of coastal forests under silvicultural projects approved by competent state agencies;

dd/ Building works and purchasing equipment directly serving coastal forest protection and development activities;

e/ Management, examination and pre-acceptance inspection of coastal forest protection and development projects.

4. The elaboration, appraisal and submission for approval of investment projects on coastal forest protection and development prescribed in Clauses 2 and 3 of this Article must comply with the current law on public investment.

Article 5. Funding sources for management, protection and development of coastal forests

1. State budget funds shall be allocated under programs and projects approved by competent state agencies: the target program on sustainable forestry development; the national target program on sustainable poverty reduction; the target program on response to climate change and green growth and other programs and projects as prescribed by current state regulations.

2. Financed funds, international loans, ODA funds and other lawful funding sources.

3. Funds for investment shall be integrated from the funding sources prescribed in Clauses 1 and 2 of this Article. For funds for non-business economic activities:

a/ Localities that have not been able to balance investment budget yet shall support these funds with targeted funds allocated from the central budget.

b/ Localities that have been able to balance their budgets shall allocate local budget funds and raise other funding sources for coastal forest protection and development tasks.

4. The procedures for allocating, managing and using funds must comply with separate regulations applicable to each funding source prescribed in Clauses 1 and 2 of this Article.

 Article 6. Activities encouraging socialization of investment in coastal forest protection, development and use

1. Investment in forest protection and plantation, plantation of non-timber forest trees, combined agro-forestry production and aquaculture under canopies in coastal forest areas.

2. Investment in building works to create alluvium and prevent erosion in coastal areas, restoring coastal mangrove forests, developing ecotourism and forest environment services in allocated, contracted and permanently leased forest areas in conformity with forest protection and development planning approved by competent state agencies.

3. Organizations, individuals and households shall be allocated land, contracted forests or leased coastal forests for protection and development in accordance with law.

4. Forest owners may align with organizations and individuals to invest in the activities prescribed in Clauses 1 and 2 of this Article.

Article 7. Rights of organizations, enterprises, households and individuals investing in coastal forest protection, development and use

1. To enjoy all products invested from their own capital sources.

2. Economic organizations are entitled to exemption from coastal forest rentals in the following cases:

a/ Exemption from coastal forest rentals for the first 5 years from the date of issuance of the forest lease decision, in case such decision is issued after the effective date of this Decree;

b/ Exemption from forest rentals for 5 years from the effective date of this Decree, in case the forest lease decision is issued before the effective date of this Decree but the remaining forest rent duration is 5 years or longer;

c/ Exemption from forest rentals till the remaining rent period under the forest lease decision expires, in case the forest lease decision is issued before the effective date of this Decree and the remaining forest rent period is less than 5 years.

 3. To develop brands of commercial products originated from the forest environment and ecosystem of coastal forests.

4. To receive compensations for working outcomes and investment results in accordance with regulations when the State decides to recover the forests.

5. Coastal forest rental exemption decision

a/ In case of forest rent prescribed at Point a, Clause 2 of this Article, the forest rental exemption duration shall be stated in the forest lease decision;

b/ In case of forest rent prescribed at Point b or c, Clause 2 of this Article, the forest-renting organization shall send a written request for forest rental exemption together with a copy of the forest lease decision by post or directly to the provincial-level People’s Committee;

c/ Within 10 working days after receiving a written request, the provincial-level People’s Committee shall issue a decision on forest rental exemption for the applicant, which must specify the forest rental exemption duration.

Article 8. Obligations of organizations, enterprises, households and individuals investing in coastal forest protection, development and use

1. Organizations, enterprises, households and individuals investing in coastal forest protection, development and use shall protect and retain the area and quality of allocated, contracted or leased forest zones; grow, tend, protect and nurture forests till they are qualified as prescribed; organize forest fire prevention and fighting, prevent and control harmful organisms in accordance with law; protect the environment and landscapes of forests and refrain from hindering national security maintenance and traffic at sea.

2. Organizations and enterprises providing ecotourism and coastal forest environment services shall:

a/ Pay forest environment service charges at the rates and under the mechanism prescribed by provincial-level People’s Committees;

b/ Develop mechanisms for sharing responsibilities and benefits as agreed with investing and aligning parties.

Article 9. Categories of forests, eligible beneficiaries and conditions for entitlement to support, and methods, of contracted forest protection and zoning off for culture and natural regeneration of coastal forests

1. Categories of forests entitled to support for contracted protection and zoning off for culture and natural regeneration: areas of coastal protection forests and special-use forests allocated by the State to management units of special-use forests and protection forests and to forestry companies for management; areas of coastal protection and special-use forests which have not been allocated or leased yet and are managed by commune-level People’s Committees.

2. Eligible for support are organizations, households and individuals permanently residing in coastal communes that protect forests and zone off for culture and regeneration of coastal forests by the contracted mode under contracts.

3. Conditions for enjoying support

a/ Being those prescribed in Clause 2 of this Article;

b/ Possessing a land use rights certificate, or a coastal forest allocation decision issued by a competent state agency, or a contract on contracted protection and zoning off for regeneration of coastal forests with a management unit of special-use or protection forests, a forestry company or a commune-level People’s Committee;

c/ Having a forest protection commitment with a management unit of special-use or protection forests, a forestry company or a commune-level People’s Committee in accordance with regulations;

d/ Having forest protection results accepted by the contracting party.

4. The method of contracted forest protection and zoning off for culture and natural regeneration of coastal forests shall be specified under contracts in accordance with current regulations.

a/ Contracting parties: Management units of protection forests, management units of special-use forests, forestry companies, commune-level People’s Committees;

b/ Contracted parties: Organizations, households and individuals permanently residing in communes having coastal forests;

c/ Annually, the contracting party shall sign contracts, conduct pre-acceptance inspection and evaluate contract performance results of the contracted party in accordance with regulations. Annual pre-acceptance inspection results shall be used as a basis for the contracting party to make payments and settlement.

Article 10. Annual estimates of investment capital for coastal forest protection and development

1. Provincial-level People’s Committees shall summarize cost estimates of coastal forest protection and development under the forest protection and development plans of the subsequent year and send them to the Ministry of Agriculture and Rural Development before June 30 every year for sum-up, which must:

a/ Determine areas and estimate costs for contracted forest protection and zoning off for culture and regeneration of coastal forests for each category of forests and each support beneficiary as prescribed in Article 9 of this Decree;

b/ Determine volume and estimate investment costs for coastal forest development under approved projects prescribed in Clause 3, Article 4 of this Decree.

2. The Ministry of Agriculture and Rural Development shall summarize local plans on contracted protection and zoning off for culture and regeneration of coastal forests and on coastal forest development before July 30 every year, and reach agreement thereon with the Ministry of Finance and the Ministry of Planning and Investment for budget balancing and allocation.

Article 11. Responsibilities of related ministries and sectors

1. The Ministry of Agriculture and Rural Development shall

a/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding localities in effectively implementing this Decree; direct public dissemination of legal documents on coastal forest protection and development;

b/ Incorporate coastal forest protection and development plans in annual and five-year national plans on forest protection and development and send them to the Ministry of Planning and Investment and the Ministry of Finance for submission to the Prime Minister for consideration and decision;

c/ Promulgate documents providing technical guidance and economic-technical norms on coastal forest protection and development; guide the review of coastal forest system planning; provide technical guidance on combined agro-forestry production and aquaculture in coastal forests; assume the prime responsibility for technical appraisal of projects on coastal forest protection and development on the project list approved by the Prime Minister;

d/ Direct and carry out inspections and examinations and handle violations in the implementation of legal documents, regulations, processes and technical regulations on coastal forest protection and development;

dd/ Examine, supervise and evaluate the implementation of this Decree; annually summarize implementation results and report them to the Government and the Prime Minister and send them to related ministries and sectors.

2. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development in, balancing and allocating investment capital sources for implementation of this policy; coordinate with the Ministry of Agriculture and Rural Development in examining, supervising and evaluating the policy implementation results.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Ministry of Agriculture and Rural Development in, providing non-business funds for management, protection and development of coastal forests and activities prescribed in this Decree; provide guidance on how to properly implement current regulations on finance.

4. The Ministry of Natural Resources and Environment shall guide, monitor and examine the recovery of land from organizations, households and individuals that unlawfully use land areas within coastal protection corridors, dike safety corridors, and areas planned for coastal forest protection and development for improper purposes, for restoring and replanting forests.

5. Other ministries and sectors shall organize the implementation of relevant contents under this Decree according to their assigned functions and tasks.

Article 12. Responsibilities of People’s Committees of coastal provinces and cities

1. To allocate local budget funds and incorporate funding sources (central budget, local budget and other funding sources) to achieve the objectives of, and effectively perform, the management, protection and development of coastal forests in accordance with the current State Budget Law, this Decree and relevant current legal documents, and suitable to local practical conditions.

2. To organize public information and education to raise public awareness about the role and protection functions of coastal forests; to mobilize and encourage people and economic sectors to actively participate in coastal forest protection and development in response to climate change; to organize coastal forest management and protection in accordance with current regulations; to effectively implement this policy in their localities.

3. To direct related agencies and forest owners in reviewing, making, appraising and approving investment projects, schemes and plans relating to coastal forest protection and development and use in accordance with this Decree and current regulations on investment, which must clearly show the socialization of investment in protection, use and sustainable development of coastal forests.

4. To organize surveys, review and develop master plans and plans on coastal forest protection and development; to specifically and clearly determine boundaries of coastal forest planning on map and in the field; to recover land areas within coastal protection corridors, dike safety corridors, areas planned for coastal forest protection and development encroached, used or transformed for improper purposes by organizations, households and individuals for restoring and re-planting coastal forests.

5. To organize examination and supervision of the implementation of the policy on management, protection and development of coastal forests in their localities; to annually report on implementation results to the Ministry of Agriculture and Rural Development for sum-up and reporting to the Government and the Prime Minister.

Article 13. Effect

1. This Decree takes effect on October 10, 2016.

2. When there exist different mechanisms and policies on investment, support for management, protection and development of coastal forests regarding the same issue, provisions of this Decree must apply.

Article 14. Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC