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Ministry of Agriculture & Rural Development
CARD Project 017/06VIE - Sustainable community-based forest development and management in some high-poverty areas in Bac Kan Province
Report on a Training Course
Forest Law
18-21 June 2009
Ha Duc Tien
Bac Kan Forest Protection Department
June 2009
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INTRODUCTION
A four-day- training course, June 18th-21st-2009, about ‘law of forest protection’ for people in 4 pilot areas, Na Muc and Khuoi Lieng (Van Minh commune) To Dooc and Ban Sang ( Van Minh commune), Na Ri district was a part of CARD project 017/06VIE. The project is about community based forest management and development on some poorest areas in Bac Kan. Villagers, leaders of community and representative from department of forest ranger in Bac Kan were invited to come and discuss the policy accordance with the development of plantation forest.
The need of raising plantation forest is in the high rate in village community in Bac Kan. The main purpose of this training course is to enhance the knowledge of people about some aspects of forestry technique in plantation forest to get high yield and income as well. All the matter of policy, benefit sharing and State’s regulations were discussed by the participants. Therefore, villagers shall understand both policy and regulation of the Government about the development of plantation forest.
The training course was carried out by Mr Ha Duc Tien, Deputy Director of Bac Kan Forest Protection Department and joint project leader, and was attended by people in Na Muc and Khuoi Lieng in Van Minh people’s committee and for people in To Dooc and Ban Sang in Lang San people’s committee. A two day training course was carried in each village. Theory using PowerPoint (Vietnamese language) for the first day. All the members came to visit plantation forest and practised pruning off tree branches for the second day. The list of participants is in appendixes 1 and 2. PowerPoint document is in appendix 3.
CARD project has been put into practice with many purposes and contents in Van Minh and Lang San, Na Ri district. The main purpose of the project is to support effectively people in the matter of sustainable community based forest management, forest resources and forest land.
According to the 2008 plan, the department of forest ranger in Bac Kan worked together with Rural extension center, Kim Hy natural reservation area, both people’s committee in two villages, project management staff in communes and households to open a training class about forest development and management act.
Forest management and development act is a very important part in forest management and implementation. This is the highest legal document issued by the State forcing organizations and individual to comply.
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Recognizing the importance and inadequacies mentioned above and being supported by CARD project, the department of forest protection in Bac Kan carried out two training classes for people in two communes of four pilot villages about forest management and development act.
Purpose:
- The Training course was conducted to raise awareness and understanding of people of four villages to the provisions of the State management in forest protection.
- After the training course, participants will understand and comply with the provisions of the State in the forest management, protection and development
II- Training course content
1- Introduction about the training class
Forests play a very significant role in the development of economy and society as well as the lives of human beings. For instance:
Forests make important contribution to the preservation of water for the community’s lives and production activities in agriculture, and forestry.
Forests help to improve the productivity of agricultural plants
Forests provide wood to build houses and make household furniture, as well as provide precious medicinal plants.
To promote the role and effectiveness of the forest to the development of economy and
society as well as the lives of human beings, forest should be protected and developed by many ways. Where community-based management of forest resources and forestlands is an approach that relies on the community’s traditional knowledge and experiences and their expectation, thus heightening the capacity and cooperation in terms of experiences among community and related bodies in order to sustainably manage resources and partly improve the cultural, spiritual and physical lives of local tribes who live in and near the forests.
Community herein means hamlets, villages, their socio-political organizations (farmers’ union, women’s union, veterans’ union, youth union ...) or groups of households located in hamlets and villages.
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According to the statistics of forest resource development in 2007, Bac Kan province has 387.835,37 ha of forests and forestlands which constitutes 80% of total natural land.
Specifically,
- Forested land area: + Natural forests:
+ Forest plantation:
267.647,78 ha
224.755,78 ha
42.982, 00 ha
- Non-forested area for forestry: 120.187,59 ha
* Situations violated forest protection and development act in Bac Kan in the first six
months of 2008.
Forest violated situations decreased in comparison with last year’s. However, these situations had still been complicated. In the period of the first 6 months of 2008, there were 508 violated situations including:
Forest fire: 4 cases
Illegally manage animal: 11 cases
Illegal forest destruction for farming: 2 cases
Illegal exploitation, transporting, purchasing, storing and other situations: 491 cases
* Violated situations in Na Ri district: In the first 6 months of 2008, there were 88 cases violating forest protection and development act: Illegal exploitation, transporting and storing forest product. 69.052m3 wood of all kinds, 20 motorbikes, 8 machine saws were confiscated. Money to pay for the State’s budget was 31.215.000 VND
2. Law introduction ‘2004 forest protection and development act’
The "Forest protection and development act" passed in 1991 had 9 chapters, and 54 articles. The amended act passed by the National Assembly on December 12th 2004 has 8 chapters, 88
articles. The number of chapters reduces by one but the number of articles increases by 34 in comparison with those of the act passed in 1991. The amended act is comprised of 8 chapters, 88 articles
CHAPTER I: General provisions: Include 12 articles, from article 1 to article 12
CHAPTER II: The state’s rights regarding forests: Include 5 sections, 21 articles, from article 13 to article 33.
Section 1: Forest protection and development planning and plans: Include 9 articles, from article 13 to articles 21
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Section 2: Forest assignment, lease and reclamation, change of use purpose: Contain 6 articles, from article 22 to article 28.
Section 3: Assignment of forests to village communities; rights and obligations of village communities with assigned forests: Include 2 articles, from article 29 to article 30.
Section 4: Registration of forest use rights, ownership right over planted production forests; forest statistics and inventory, monitoring of forest resource development: Include 2 articles, from article 31 to article 32.
Section 5. Forest prices: Include 3 articles, from article 33 to article 35.
CHAPTER III : Forest protection: Include 2 sections, 9 articles, from article 36 to article 44. Section 1: Responsibilities of forest protection: Include 4 articles, from article 36 to article 39.
Section 2: Contents of forest protection: Include 5 articles, from article 40 to article 44. CHAPTER IV: Forest development and use: Include 3 sections, 14 articles, from article 45 to article 58.
Section 1. Protection forests: Include 4 articles, from article 45 to article 48. Section 2. Special-use forests: Include 6 articles, from article 49 to article 54 Section 3. Production forests: Include 4 articles, from article 55 to article 58.
CHAPTER V: Rights and obligations of forest owners: Include 3 sections, 14 articles, from article 45 to article 78.
Section 1. General provisions on the rights and obligations of forest owners: Include 2 articles, from article 59 to article 60.
Section 2. Rights and obligations of forest owners being management boards of special-use forests, and protection forests: Include 2 articles, from article 61 to article 62.
Section 3. Rights and obligations of forest owners being economic organizations: Include 6 articles, from article 63 to article 68.
Section 4. Rights and obligations of forest owners being households and individuals: Include 4 articles, from article 69 to article 72.
Section 5. Rights and obligations of other forest owners: Include 6 articles, from article 73 to article 78.
CHAPTER VI: Forest rangers: Include 5 articles, from article 79 to article 83.
CHAPTER VII: Settlement of disputes over and handling of law violation on forests: Include 3 articles, from article 84 to article 86.
CHAPTER VIII: Implementing provisions: Include 2 articles, from article 87 to article 88.
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