Dù ¸n T¨ng c−êng c«ng t¸c qu¶n lý hÖ thèng khu b¶o tån thiªn nhiªn t¹i ViÖt Nam St re n g t he ni n g P r ot e ct e d A r ea M a na g em e n t i n V ie t na m - S PA M P r oj ec t

ASSESSMENT OF LEGAL DOCUMENTS AND POLICIES RELATING TO MANAGEMENT OF

SPECIAL-USE FORESTS IN VIETNAM

Original written in Vietnamese by Nguyen Nhu Phuong and Vu Van Dung

Project funded by Danida, Managed by WWF (Denmark) and the WWF Indochina Programme

and Implemented by the Forest Protection Department, Ministry of Agriculture and Rural Development

Technical Report No.1 Hanoi - 2001

ACRONYMS BAP Biodiversity Action Plan IUCN World Conservation Union MARD Ministry of Agriculture and Rural Development MCI Ministry of Culture and Information MOFi Ministry of Fisheries MOSTE Ministry of Science, Technology and Environment Program 327 1993-1998 to restore forests, establish protection and special-

use forests and develop infrastructure. Replaced by the 5 Million Hectares Reafforestation Program (Program 661 – 1998-2010).

WWF World Wide Fund for Nature

TABLE OF CONTENTS Page INTRODUCTION 1 CHAPTER I. DETERMINATION OF PROTECTED AREAS, PROHIBITED FORESTS AND SPECIAL-USE FORESTS 3 I. PROTECTED AREAS........................................................................................................ 3 1. Definition...................................................................................................................... 3 2. Ojectives of protected areas management ................................................................... 3 3. The system of protected areas classification adopted by IUCN in 1994 ....................... 3 II. PROHIBITED FORESTS AND SPECIAL-USE FORESTS ......................................................... 3 CHAPTER II. ESTABLISHMENT AND DEVELOPMENT OF THE SPECIAL-USE FOREST SYSTEM IN VIET NAM 5 I. ESTABLISHMENT OF THE SPECIAL-USE FOREST SYSTEM .................................................. 5 II. CONCEPTIONS OBSERVED OVER DIFFERENT PERIODS OF SPECIAL-USE FORESTS

DEVELOPMENT............................................................................................................... 6 CHAPTER III. ASSESSMENT OF DOCUMENTS ISSUED BY GOVERNMENT AND MINISTRIES RELATING TO MANAGEMENT OF SPECIAL-USE FORESTS OF VIETNAM 13 I. DOCUMENTS ISSUED IN 1962-1975............................................................................... 13 II. DOCUMENTS ISSUED IN THE PERIOD FROM 1976 UP TO NOW .......................................... 14 A. Documents relating to management and decentralization of Special-use Forest management....................................................................................................................... 14 B. Documents on formulation and approval of invetment projects for Special-use Forests.. 25 C. Documents on strengthening management and protection of Special-use Forests .... 26 D. Documents related to wildlife management and protection ........................................ 33 III. GENERAL ASSESSMENT ON DOCUMENTS RELATING TO MANAGEMENT AND PROTECTION OF SPECIAL-USE FORESTS......................................................................................................... 36 CONCLUSIONS AND RECOMMENDATIONS 39 REFERENCES....................................................................................................................... 42 1. Vietnamese language ................................................................................................ 42 2. Foreign languages ..................................................................................................... 42 APPENDIX ............................................................................................................................ 43 A. Legal Documents of the State, Government, Ministry issued from 1962 to 1975 related to Special-use Forests.................................................................................... 43 B. Legal Documents of the State, Government, Ministry issued from 1962 to 1975 related to Special-use Forests.................................................................................... 43 II. Documents related to formulation and approval of investment projects in Special-use Forests ................................................................................................... 44 III. Legal documents on policies strengthenning management, protection of special-used forest ................................................................................................. 45 IV. Legal documents related to management, protection of wildlife plants and animals ... 46

INTRODUCTION Cuc Phuong Prohibited Forest (later renamed Cuc Phuong National Park), the first protected area of Vietnam, was established in 1962. In the following years many other protected areas were established by decisions of the central Government, Ministries or Provincial People’s Committees. Today, a system of Special-use Forests with around 100 protected areas covering some 2.5 million hectares has been set up throughout the country. These protected areas are categorized into three groups: national parks, nature reserves and cultural, historical and/or environmental sites. The system of protected forests plays a substantial role in the conservation of forests and biodiversity of Vietnam. With the system of Special-use Forests established so far, large tracts of Vietnam's primary forests and most of the endangered faunal and floral species of Vietnam have been put under improved protection and the awareness of the local communities about nature protection has been raised considerably. The government of Vietnam, its ministerial bodies, as well as the People’s Committees of provinces and cities, have promulgated laws, decrees, circulars, decisions, regulations, directives and policies guiding management and protection of the system of Special-use Forests. In worldwide practice today, there are drastic changes in concepts, management methods, planning, zoning and classification of protected areas. Vietnam also shares various international conventions on nature and biodiversity conservation. This situation requires a proper consideration and assessment of legal documents concerning Special-use Forests so that suitable documents, which are outdated, are detected for necessary adjustment and/or improvement. The objectives of this study, commenced in January 2001, were: - Compilation of available documents and policies relating to management of

Special-use Forests. - Analysis of the collected documents to determine their advantages and

shortcomings. - Recommendations on amendment of the existing policies or issuance of new

policy tools if necessary. Due to time and budget constraints, the authors concentrated on legal documents issued by the central Government and ministerial bodies. They applied an expert-based approach combined with numerous consultations with concerned individuals. Steps applied for this study were the gathering of documents, screening them in accordance with the date of issuance and topics covered, analysis of documents, drafting the report, workshops to collect comments from experts involved in this field and finalization of the report.

CHAPTER I DETERMINATION OF PROTECTED AREAS, PROHIBITED FORESTS

AND SPECIAL-USE FORESTS I. Protected areas 1. Definition At a discussion within the framework of the Fourth International Conference on Protected Areas organized by the IUCN in Caracas, Venezuela in 1992, a definition of protected areas was given as follows: "A protected area is an inland or marine unit which is used fully for protection and maintenance of biodiversity and natural resources or a combination of nature conservation and cropping under strict and effective measures". 2. Objectives of protected areas management - Research; - Wildlife conservation; - Protection of species and gene diversity; - Protection of natural and cultural scenes; - Tourism and recreation; - Education; - Sustainable utilisation of natural recourses

derived from natural ecological systems; and - Maintenance of cultural and traditional

heritage. 3. The system of protected areas

classification adopted by the IUCN in 1994

The system has 6 categories: 1. Strict nature reserve/wilderness area

1.a Strict nature reserve 1.b Wilderness area

2. National park 3. Natural monument 4. Habitat/species management area 5. Protected landscape/seascape 6. Managed resource protected area II. Prohibited Forests and Special-use Forests - Article No.5 of the Forest Protection Act

passed by the National Assembly on 6 September 1972 stipulates that the Government has the mandate to establish

Prohibited Forests for protecting natural scenes, historical relics, recreation sites, conducting scientific research or for other special benefits brought about by forests. The cutting down of trees, except those operations carried out to facilitate forest enrichment, and hunting is strictly prohibited.

- In Decision No. 41- TTg of 24 January 1977

regulating protected forests, the term "Prohibited Forest" was reiterated and the Prime Minister decided to establish 10 protected areas throughout the country.

- Decision No. 1171/QD/ dated 30 November

1986 issued by the Ministry of Forestry stipulates regulations applying to three groups of forests, namely Production, Protection, and Special-use Forests. For the first time the term "Special-use Forest" was used instead of “Prohibited Forest” and the definition of “Special-use Forest” was stated as: “Forests and/or forestry lands approved by the Government for the purpose of nature conservation, historical sites, recreation, research or other purposes identified in Article No. 5 of the Forest Protection Law”.

- The Regulation on Management of Special-

use Forests issued with the Decision No. 1171/QD of the Ministry of Forestry as mentioned above outlines concepts, objectives and criteria applied for identification and classification of Special-use Forests.

Here, Special-use Forests are classified into three groups: • National parks, • Nature reserves, • Historical, Cultural and/or environmental

sites. The later Regulation on Management of Special-use Forests recently promulgated by the Prime Minister (Decision No. 08/2001/QD-TTg of 11 January 2001) contains amendments on functions, classification criteria and indicators used for Special-use Forests. In particular, Special-use Forests are now divided in three categories and two sub-categories as follows:

• National park; • Nature Conservation Area:

- Nature reserve and - Species/Habitat Conservation Area;

and • Cultural, Historical and Environmental Area

(landscape conservation area). National parks or nature reserves that are established in wetland areas cover all wetland ecosystems including aquatic wildlife. Up to now Vietnam has not had a protected area system. However, a system of Special-use Forests has been developed in the country. In fact, Special-use Forests are protected areas under the control of the former Ministry of Forestry, now the Ministry of Agriculture and Rural Development. In all official documents of the Government and ministerial bodies issued from 1986 up to now, the term "Special-use Forest" has been used. Therefore, in this report the authors use the term “Special-use Forest” instead of “protected area”.

CHAPTER II ESTABLISHMENT AND DEVELOPMENT OF THE SPECIAL-USE FOREST SYSTEM

IN VIET NAM

I. Establishment of the Special-use Forest system Compared to many other Asian countries, Vietnam’s Special-use Forest system development has a long history and dates back some 40 years. However, due to warfare and financial constraints, the development of the Special-use Forest system has progressed slowly. On 7 July 1962, following Decision No. 72/ TTg of the Prime Minister, Cuc Phuong, the first Prohibited Forest (Cuc Phuong National Park today) was established. Since then, the development of the Special-use Forest system of Vietnam has passed through three distinct periods: 1. 1962 - 1975: In this period, following the establishment of Cuc Phuong Prohibited Forest, the Forestry Sector identified 49 Prohibited Forests in the North of Vietnam. Through this period, forestry management and protection units carried out all operations relating to Prohibited Forests, from surveys to management protection. 2. 1976 - 1986: Following the reunification of the country, the Forestry Sector undertook investigations to discover precious forests remaining in the Central Highlands and in the eastern and western parts of southern Vietnam. In 1977, the Prime Minister established 10 Prohibited Forests in northern and southern Vietnam with an area of 44,310 ha. Subsequently, other forest sites with great value for biodiversity conservation were given the status of Prohibited Forest (South Cat Tien Prohibited Forest in 1978, Con Dao Prohibited Forest in 1984). Since 1984, attention has been given to the establishment of Prohibited Forests together with participation and assistance of scientists of the forestry branch and others. The Forest Sector, with the support of scientists from within and from outside the country, has carried out surveys to identify many forests of high biodiversity and produced proposals to develop a number of Prohibited Forests such as Phu Quoc (Kien Giang), Bach Ma (Thua Thien Hue), Muong Nhe (Lai Chau), Xuan Nha (Son La), Hoang Lien Son

(Lao Cai), Ben En (Thanh Hoa), Kon Ka King, Kon Cha Rang (Gia Lai), Bu Gia Map (Binh Phuoc), Cat Ba National Park (Hai Phong), Mom Ray - Ngoc Vin (Kon Tum), Huu Lien (Lang Son), etc. On 9 August 1986 the Chairman of the Council of Ministers released Decision No. 194-CT approving 73 Prohibited Forests throughout the country, with a total area of 769,512 ha. Five months later, on 30 November 1986 the Ministry of Forestry issued the Regulation on Special-use Forest Management. Since then, the term “Special-use Forest” has replaced the term “Prohibited Forest”. 3. 1986 up to now This period witnessed significant steps toward the strengthening of the Special-use Forest system with the support provided by both local and central governments as well as the forest and non-forest scientists. Of great significance was the assistance of international organizations interested in nature conservation, such as WWF, IUCN, and Birdlife International, etc. Many governmental and non-governmental organizations have provided funds and expertise for the establishment and development of Special-use Forests in Vietnam. The most important achievement of Special-use Forest management in this period is the formulation of feasibility studies (now referred to as “investment projects”) for Special-use Forests. These feasibility studies resulted in the management of Special-use Forests based on agreed planning. Proposals have also been made to set up new Special-use Forests. In the period 1992-1997 forest inventories and surveys have gained outstanding achievements in discovering four new mammals, namely: - Pseudoryx nghetinhensis was found in 1992, - Megamuntiacus vuquangensis in 1993, - Caninmuntiacus truongsonensis in1996, - Muntiacus puhoatensis in 1997. The discovery of these species demonstrated the great value of biodiversity that Vietnam’s fauna and flora possesses. It also helped draw investments from the Government of Vietnam as well as from international organizations to

protect and develop Vietnam’s Special-use Forests. II. Concepts observed over different

periods of Special-use Forests development

1. The first period: As the country

experienced very severe warfare, forest management and formulation of feasibility studies for establishing Special-use Forests stagnated. Investment was limited. Elementary environment and nature conservation education for people was neglected. Consequently, many Special-use Forests recognized by the provinces and local authorities were degraded moderately to severely. These forest sites lost their value as special-use.

2. The second period: Following the

reunification of the country, the development of the Special-use Forest system was given more attention. Besides areas of high biodiversity such as Ba Be, Ba Vi and Tam Dao National Parks, a number of geographical sites closely connected with the national struggles for independence and cultural traditions such as Hung Temple, Ba Trieu Temple, Lam Son, Tan Trao, Ba To, Muong Phang, Boi Loi and Nui Thanh etc., have been given the status of Special-use Forests. However, though the cultural and historical projects received funds for implementation, the forests surrounding these sites were ignored.

In this period, education and information activities on nature conservation were not developed with participation of the community for Special-use Forest management and buffer

zones were not established. Very few were supported internationally. 3. The third period: The results of forest

surveys conducted by local and international experts along with the concerned trends for nature conservation prevailing in regional countries and worldwide have produced a great impact on forest protection in Vietnam. It provoked government authorities at all levels, including various ministries and departments, to give more attention to forests of precious biodiversity and nature conservation significance.

In this period, thanks to the Doi Moi (renovation) policy, the awareness of administrators, scientists and the population generally about nature protection changed markedly and the exchange of international conservation experience was strengthened. Exchanges of knowledge and expertise with the international community in this field have been promoted. Education and extension services to preserve nature were improved. Various ministries and departments at different administrative levels worked co-operatively with the Ministry of Agriculture and Rural Development (MARD) in protecting nature and forests. The international community and overseas consultants have provided generous support for the development of the Special-use Forest system of Vietnam. Correspondingly, in this period the number of legislative documents relating to management of Special-use Forests has increased. All this together has changed the development of Special-use Forests both in quality and quantity.

CHAPTER III

ASSESSMENT OF DOCUMENTS ISSUED BY GOVERNMENT AND MINISTRIES RELATING TO MANAGEMENT OF SPECIAL-USE FORESTS OF VIETNAM

To make the analysis and assessment of documents issued by the Government and state departments concerning the management of Special-use Forests of Vietnam easier, papers collected have been divided into two periods: 1. 1962-1975: This was a period of war and the

few documents issued applied only to the northern provinces of Vietnam.

2. 1976 to the present: Restoration of peace in

the country. Many documents were released and applied at the national scale.

Analysis is made separately for an individual document or a group of documents of similar content and time of issuance. Due to the immense number of documents and limited time available for this study, analysis was concentrated on those documents promulgated by the National Assembly, the Central Government and Ministries. When reading these documents, attention has been given to the following: - Whenever there are several documents

regulating the same issue and discrepancies appear due to overlap, the stipulation indicated in the document released by the higher authority prevails; and

- Whenever the same issue is being regulated

by different documents of the same administrative level, the stipulation provided in the document that came into effect last prevails.

I. Documents issued in 1962-1975 This period should be regarded as the embryonic stage of the Special-use Forest system of Vietnam. Following the establishment of Cuc Phuong Prohibited Forest (now Cuc Phuong National Park), war divided the country: the South and the North. As a result, there were few documents on Special-use Forests being implemented and only in the northern part (north from Vinh Linh, Quang Tri Province).

In this period, of great importance are the following documents: 1. Forest Protection Act promulgated by the

President on 11 September 1972. This is the highest official document on forest protection issued by the Government to that time. This Act deals with numerous aspects relating to forests and forest resources. - For a nature reserve, this is the first time the

term "Prohibited Forest" is officially used. The Act stipulates objectives and major principles of the establishment and maintenance of the Prohibited Forest system.

- It was the first time the control of rare and

precious fauna and flora species was legalized. The Government was assigned with the task to verify the list of rare and precious species and formulate the regulations for preserving these species.

- Steering and implementing bodies for forest

management were determined in this Act. 2. Decision No 155-CP issued on 3 October

1973 by the Government Council guiding the implementation of the Forest Protection Act of 1972.

To implement the Forest Protection Act of 1972, in the Decision 155-CP the Government outlined a number of policies and measures as follows: - Forest and forestry land-use planning should

be carried out to provide basic data and information for plantation establishment, forest maintenance and enrichment.

- Professional forest protection units and non-

professional forces at the grassroots level should be arranged to ensure proper protection of the remaining natural forests and successful planting of new forests.

The budget needed for maintaining forest protection forces was part of the fund for forest protection. The staffing of the forest protection

system was fixed at the rate of one person per 1,000 ha of forests on average. The General Department of Forests was responsible for the unified administration of forest protection personnel as well as the facilities provided and distribution of staff, budget and facilities based on the requirement of different localities. The General Department of Forests was given the task of formulating regulations on forests and forestry land management and formulating policies for allocating forests and forest land to cooperatives, to be approved by the Government Council. 3. Decree No. 101-CP dated 21 May 1973 of

the Government Council stipulating the organizational structure, duties and mandate of forest protection units.

According to this Decree, the forest protection force was under the jurisdiction of the Forestry Sector. Administratively, the forest protection force had a system from central to grassroots level under the control of the General Director of the General Department of Forests. The structure of the forest protection force consisted of a general department, sub-department and forest protection station at central, provincial and district levels respectively.

4. Decision No. 348 dated 15 June, 19973 by

the General Department of Forests on tasks, mandate and organizational structure of the Forest Protection Department

According to the this Decision, the Forest Protection Department was assigned to provide services to the Head of the General Department of Forests in the following fields:

- Unified management of forest protection,

guiding the organization of forest protection forces; and

- Elaborating and organizing the implementation of policies, regulations, rules and technical measures applied to forest protection.

The organizational structure of the Forestry Protection Department consisted of six sections, including professional and technical ones. Besides general forest management, technical sections dealt with monitoring and controlling wildlife protection.

Discussion In the period 1962-1975, the Vietnamese economy experienced a lot of difficulties and the country was divided. Nature conservation in general, and biodiversity in particular, suffered from a lack of information and material on nature conservation worldwide and a lack of local technical and managerial staff. The awareness and consciousness of administrative bodies at all levels was limited. In these circumstances, the Forestry Sector recognized the utmost importance of conservation and tirelessly urged the Government to allocate rich tracts of natural forests for conservation and to abandon logging. Thanks to this effort, 49 forest sites obtained the status of Prohibited Forests, the pre-requisite for forest conservation. The Forestry Sector made proposals on the establishment of Prohibited Forests and collaborated with local authorities to protect them. (A large number of Prohibited Forests were approved by provincial governments, namely Huong Can and Xuan Son Forest in Phu Tho Province, Thuong Tien Forest in Hoa Binh, Ba Mum Island in Quang Ninh, Bac Son - Mo Re, in Lang Son etc.). Advice was given also by the Sector so that the Government could issue legal documents to provide a foundation for building-up the Prohibited Forest system (afterwards Special-use Forests). One may reach the conclusion that forest protection and nature conservation in this period were still far from satisfactory as there was only one Prohibited Forest area officially approved by the Government and some others recognized by provincial authorities. However, this was a very important preparatory stage to create the necessary requirements for the development of a Special-use Forest system in the coming period. In this period, the documents issued by the Government and ministerial bodies confirmed and recognized the following provisions: 1. Prohibited Forests are special sites assigned

for nature protection, historical and cultural relics maintenance, research and other specific purposes. The Government decides on the establishment of Prohibited Forests.

2. Logging and hunting is strictly prohibited in

Prohibited Forests.

3. Under the direct control of the Government Council, the General Department of Forests was entitled to ensure unified management for forest protection.

4. The setting up of a special force focused on

forest protection called the People’s Forest Protection Forces. These forces were put under the General Department of Forests. They had an organizational network from district level upwards, being independent from forestry business units to ensure proper protection of forests even for forest compartments.

5. The General Department of Forests, in

collaboration with People’s Committees of provinces, are entitled to develop plans for concentrated plantations, watersheds and Prohibited Forests as well.

6. Hunting anywhere in any form for any

circumstances has to obey the State regulations for hunting and have to be permitted by the forestry agency, at least at provincial level.

These six provisions provided a very important background for establishing the Special-use Forest system afterwards. However, the stipulations given in these provisions are not yet detailed and still required concrete actions later on. In general, documents issued during this period contained the following weaknesses:

- Lack of a clear definition and criteria to

identify Prohibited Forests, - The term “Prohibited Forest” did not reflect

all functions of forests of this kind. It could easily make people misunderstand that all activities in these forests are restricted. Therefore, Prohibited Forests did not get support from people, especially those who lived inside the Prohibited Forest or within buffer zones of Prohibited Forests.

- Lack of classification of management

categories and management zoning of Prohibited Forests for effective and efficient control.

- Regulations and practical measures were

focused on protection, with regulations for management and planning on surveys, development and utilisation of Prohibited Forest yet to be made.

- Lack of regulations indicating organizational

structure of managerial units involved in the

Prohibited Forest system. The regulations for operations of protected forest ‘Management Boards’ had not yet been made available.

- Lack of a financing system to support

activities of Prohibited Forests. These shortcomings and weaknesses would be given attention in the next stages of Prohibited Forest development.

II. Documents issued in the period from 1976 up to now The reunification of the country offered favorable conditions for the building-up and development of the Special-use Forest system nationwide. Thanks to the progress of forest inventory and planning, strengthened international cooperation and the assistance provided by overseas scientists and international organizations, the development of Special-use Forests has progressed considerably. In this period, Vietnam’s nature conservation activities came to be integrated into worldwide and regional practices in this field. The number of documents devoted to nature conservation management has increased remarkably to meet the need of faster development of the Special-use Forest system. Due to the large number of issued documents, the authors have divided them into four groups for investigation.

A. Documents relating to management and

decentralization of Special-use Forest management;

B. Documents approving feasibility studies for

Special-use Forests establishment and investment projects;

C. Documents containing policies on

strengthening protection and management of Special-use Forests; and

D. Document for management and protection of

precious animal and plant species.

A. Documents relating to management and decentralization of Special-use Forest management.

1. Decision No. 1171-QD dated 30 December 1986 issued by the Ministry of Forestry promulgating the Regulation on

Management of Special-use Forests. Following the Government’s Decision No. 194-CT of 9 August 1986 on establishing 73 Prohibited Forests, the forestry sector was assigned to manage a system of Prohibited Forests including 87 sites with a total area of around one million hectares. To ensure proper management of this system, the Ministry of Forestry issued the Regulation on Special-use Forest Management. According to this Regulation, in view of decentralisation of Special-use Forest management, Special-use Forests were classified into three groups: 1. National parks: To be managed and

developed by the Ministry of Forestry;

2. Nature reserves: Subject to area and significance of the forest sites, the Ministry of Forestry or Provincial People’s Committees may manage them. Nature reserves that are located in areas owned by Forestry-Agricultural-Industrial Corporations are to be managed and developed by the Forestry Sector.

3. Cultural, Historical and Environmental

Areas: To be managed by the Ministry of Forestry. The management of these groups of forests may be delegated to the concerned department subject to the dimension and importance the forests possess.

In principle, the organization, establishment and zoning had to obey the following regulations: - The establishment of Special-use Forests

had to be approved by the Ministerial Council based on a proposal from the Ministry of Forestry and/or People’s Committees of provinces possessing the forests.

- Each Special-use Forest had to be divided

into various zones and sections. - National parks, nature reserves,

environmental and cultural protection forests of large size had to be divided into three functional zones: • Strictly protected zones, • Buffer and ecological rehabilitation

zones, • Service, administration, production,

recreation/entertainment zones.

- Prior to establishment, each Special-use Forest had to have a feasibility study or investment project approved by a relevant legislative body with positive comments from the Ministry of Forestry and the local authorities concerned.

- Boundaries of Special-use Forests were to

be defined by a system of solid posts and boards. All natural resources found in the forests had to be investigated, recorded and shown on maps.

- To facilitate the management of Special-use

Forests, national parks were required to have directorate boards, while the Special-use Forests of other kinds should have Management Boards or management stations.

Without a decision of the Council of Ministers, changes of purpose and/or classification of forests approved to be ‘Special-use’ were impossible.

Discussion The Regulation on Management of Special-use Forests issued by the Ministry of Forestry in 1986 represents one of the most important documents for management of the Special-use Forest system of the country in the last years of the 20th century. Based on this Regulation, the Forestry Sector has markedly upgraded the development of Special-use Forests. A system of Special-use Forests with over 90 areas classified into three groups was developed and became operational. With this Special-use Forest system more than one million hectares of forests, including a large proportion of primary forests, was put under strict protection and most of the endangered, rare and precious plant and animal species became legally protected.

Nevertheless, the Regulations on Management of Special-use Forests issued in 1986 had shortcomings and weaknesses as follows: - This Regulation was issued at Ministerial level. Its effectiveness, therefore, was limited. Management of selected Special-use Forests, particularly of cultural protection forests, was overlapping and confused between the Ministry of Forestry and provinces, or between the Ministry of Forestry and the Ministry of Culture and Information. At provincial level, the mandate of departments of agriculture and rural development and sub-departments of forest

protection on management of Special-use Forests was not clearly defined. The coordination for managing environmental, historical and cultural protection forests was still insufficient. In most cases, forest protection officers take care of the forest while staff of the Culture and Information Branch look after cultural relics.

- Determination of the functional zones is yet

to be clarified. There is confusion between ecological rehabilitation zones and buffer zones. Therefore, in Circular No. 1587-LN/KL dated 13 July 1993 the Ministry of Forestry gave additional guidance on management of buffer zones: “A buffer zone is a forested or open land area that is occupied by local people and next to the boundaries of national parks and nature reserves. A buffer zone is developed to mitigate the pressure of local people on strictly protected forest sites. The area of the buffer zone does not constitute a part of the total area of the national park or nature reserve. However, buffer zone development projects are to be approved together with master plans of national parks or nature reserves”.

2. The Act on Protection and Development of Aquatic Resources dated 25 April 1989 and issued by the Chairman of the State Council. The Act regulates issues related to nature conservation, such as: - The State undertakes the unified control of

aquatic resources and the living environment of aquatic life.

- Actions leading to devastation of aquatic

resources and contamination of their habitats are strictly banned. The use of poisonous and explosive substances, guns, electric shockers, misuse of chemicals, the clearing of mangroves, watershed forests, coral reefs, marine plants and other special landscapes is illegal.

- Fishing and trading in aquatic products of

high value, rare and precious species or endangered species listed as protected species is prohibited.

- The Minister of Fisheries is entitled to

stipulate the list of aquatic species to be preserved as well as special measures to protect them.

Discussion

In general, the Act on Protection and Development of Aquatic Resources has given attention to protect aquatic species and stipulate the fishing seasons, while protection of habitats and the establishment of marine and coastal reserves have received little attention.

3. The Law on Forest Protection and Development issued by the Chairman of the State Council on 19 August 1991. This was the most comprehensive legal document on forest management and protection passed by the National Assembly to this date. The major provisions concerning nature conservation found in this Law are: - The government is to undertake measures

to ensure unified management of forests and forestry land. Forests and forestry lands are allocated to organizations and individuals for protection, development and sustainable use following planning and plans approved by the Government.

- Subject to forest functions, forests are divided into three groups:

• Special-use Forests (national parks;

nature reserves; cultural, historical and environmental areas);

• Protection Forests (catchment protection function); and

• Production Forests (commercial production function).

- The Chairman of the Ministerial Council

makes decisions to establish Special-use Forests of national importance and allocates them to Management Boards, which may be under the jurisdiction of the Ministry of Forestry or other agencies under the Ministerial Council.

- The chairperson of Provincial People’s

Committees is entitled to establish Special-use Forests of local importance and assign them to Management Boards, which are under the control of the provinces.

- The purpose of setting up Special-use

Forests is to preserve nature, national ecological examples, genetic resources of fauna and flora, conduct research, protect historic relics and cultural sites and to provide recreation and tourism services.

- Boundaries of Special-use Forests are demarcated by a system of solid posts and boards.

- The Government is to develop policies to

harmonize, mobilize and attract funds from national and international organizations and individuals to invest in the development and protection of Special-use Forests in a sustainable way.

- Each Special-use Forest has to be put under

a Management Board. - Management of Special-use Forests has to

follow the regulations applied to this group of forests. The Management Board is allowed to carry out services, research, social and cultural activities in accordance with the law.

- Organisations and individuals who hold

activities in Special-use Forests have to get permission from the Management Board.

- Strictly protected zones of national parks

and nature reserves have to be carefully managed. Actions that may be harmful to forests therein are prohibited.

- To regulate forest management, Chapter VII

of the Law stipulates the organizational structure of forest protection forces, reconfirming that forest protection forces are specialized units dealing with the function of managing and protecting forests, including special-use ones. These forces are under the unified leadership of the Minister of Forestry and supervised by local authorities. Forest rangers are provided with a uniform, and other facilities needed for operation.

- Concerning international cooperation in the

field of forest management, the Law states that Vietnam is looking forward to broadening relationships and ties with other countries, international agencies and individuals in the fields of basic survey, research, technology transfer, technical training, forest protection, plantation technology and processing of forest products.

4. Decree 17-HDBD dated 17 January 1992 of the Council of Ministers regulating the implementation of the Law on Forest Protection and Development.

This Decree detailed certain points of the Law on Forest Protection and Development: - In principle, the mandate to establish

Special-use Forests and change usage purposes of these forests is delegated as follows:

• The Chairman of the Council of

Ministers makes decisions on establishment of national parks and important nature reserves, then assigns agencies of the Ministry of Forestry to control the established parks or reserves. The establishment of nationally substantial cultural, historical and landscape protective forests is also decided by the Chairman of the Council of Ministers but the control of this sub-group of forests may be allocated to relevant agencies belonging to Provincial People’s Committees.

• The chairpersons of People’s Committees of provinces are entitled to make decisions on establishment of cultural, historical, landscape and tourism protection forests and hand over the management of these forest sites to agencies under provincial Departments of Agriculture and Rural Development.

• A change of status of Special-use Forests can be made only by decisions of the Chairman of the Council of Ministers based on a recommendation from the Ministry of Forestry and chairpersons of related Provincial People’s Committees.

- Planning and management of Special-use Forests:

• In collaboration with relevant agencies

and local authorities, the Ministry of Forestry has to develop the master planning for the national system of Special-use Forests, including national parks, nature reserves, cultural and historical sites, landscape protection forests and tourism forest sites and submits the master planning to the Ministerial Council for consideration. Based on the instruction of the Ministerial Council, Special-use Forests, subject to their significance, may be transferred to the Ministry of Forestry or

local authorities for proper management following the mandate delegated.

• Management Boards of Special-use Forests are responsible for formulating feasibility studies and submitting these documents to competent agencies of the Government for approval. The approved feasibility reports are to be followed by Management Boards.

• Management and utilisation of Special-use Forests has to follow the Regulation on Special-use Forests and the approved feasibility reports.

5. Decree No. 39-CP dated 18 May 1994 by the Government on organizational structure, duties and mandate of forest protection forces and Circular No. 7-TCLD dated 8 August 1994 by Ministry of Forestry guiding the implementation of Decree No. 39-CP. Decree 39-CP clarified tasks and responsibilities of the Forest Protection Department as follows: "The Forest Protection Department operates as an advising agency, assisting the Ministry of Forestry in organising the state administration of Special-use Forest protection and management throughout the country. As a professional and an executive agency, the Forest Protection Department has to undertake measures to prevent violations of legislative provisions regulating forest protection and management”. Regarding the specific tasks of the Forest Protection Department, the Decree stipulates that the Department is to make proposals to the Ministry of Forestry on organising the administration and protection of protection, special-use and production forests. The Department is also required to guide and supervise local authorities in management of forests that have been allocated to organisations or individuals as well as those forests that are still not allocated. The Circular No. 7- TCLD indicates that: - The Forest Protection Department belongs

to the Ministry of Forestry. It has four sections, including one for Special-use Forest management.

- National parks and nature reserves, which

are under the control of the Ministry of Forestry, may set up forest protection stations. The Ministry of Forestry decides to

set up forest protection stations, defines their personnel and nominates their staff. Forest protection stations of this type are controlled by directors of national parks or nature reserves and professionally supervised by the local forest protection sub-departments. In collaboration with forest protection sub-departments, directors of national parks and directors of nature reserves have to formulate project documents for maintaining the Special-use Forests, submit these documents to the Minister of Forestry for approval and then organize project implementation.

- The Provincial Sub-departments of Forest

Protection are entitled to administer Special-use Forests that belong to provinces.

- Special-use Forests that are not under the

management of the Forestry Sector are not covered by these stipulations.

Discussion The documents mentioned above (3a, 3b and 3c) represent superior stipulations promulgated by the National Assembly, the Vietnamese Government and the Ministry of Forestry on establishment, management, protection and development of Special-use Forests. They play an important role in accomplishment of the objectives of the Special-use Forest system of Vietnam. These documents stipulate requirements for both the management and protection of Special-use Forests (earlier documents focused on Special-use Forest protection alone). However, these documents still contain shortcomings and weaknesses as follow:

1. The titles of Special-use Forests vary from document to document;

2. The relationships between the former

Ministry of Forestry (now the Ministry of Agriculture and Rural Development) and People’s Committees of provinces and larger cities as well as line departments are not yet clarified. There is a confusion and misunderstanding of duties and mandates among provincial and city agencies involved in management of Special-use Forests. Overlaps in special use-forest management is found between the Ministry of Agriculture and Rural

Development, Ministry of Culture and Information, on the one hand, and between forest protection sub-departments and provincial agriculture and rural development departments on the other hand.

3. Lack of a stipulation that may ensure

funds for Special-use Forests. Many Special-use Forests have been approved but they cannot become operational because of the lack of funds. A lot of Special-use Forests, which have been established with Program 327, remain without a funding source.

4. Decree 17- HDBT of The Council of

Ministers guiding the implementation of the Law on Forest Protection and Development states that Management Boards of Special-use Forests have to formulate feasibility studies to be submitted to competent agencies. In fact, most of the Management Boards are set up after the approval of feasibility studies.

6. Decision No. 350-TTg dated 28 May 1996 of the Prime Minister about the functions, tasks, mandate and organizational structure of the Forest Development Department within the Ministry of Agriculture and Rural Development. Item 1 and Item 2, Article 2 of this Decision define tasks and the mandate of the Forestry Development Department as follows:

1. Prepare long-term, mid-term and short-term planning and plans, formulate programmes and projects on establishment, rehabilitation, utilisation and development of watersheds, special-use and production forests, undertake social forestry extension and organize the implementation of these initiatives upon getting the approvals of the competent organizations.

2. Elaborate and submit policies and

regulations on management of protection, special-use and production forests and social forestry development to competent agencies of the Government.

Discussion

The stipulations given in Item 1 and 2, Article 2 of the above-mentioned Decision are duplicated with the provisions indicated in Item 2 and 3, Article 4 of the Decree 39-CP of 18 May 1994 of the Government on organizational structure, duties and mandate of the Forest Protection Department. Decree 39-CP defines the similar duties and mandate of the Forest Protection Department as: - Develop necessary legislative documents,

policies, procedures, rules and regulations on forest management and submit them to the Ministry of Forestry or other competent agencies for approval and promulgation.

- Make proposals and recommendations on

organisation of protection, special-use and production forest management and submit to the Minister of Forestry for consideration.

Because of this overlap, The Ministry of Agriculture and Rural Development has issued two Decisions to adjust the functions and mandate of the Forest Protection Department as it expressed in Item 5 and 6 below. 7. Decision No. 2968-NN-TCCB/QD of 15 November 1997 of the Ministry of Agriculture and Rural Development entrusting the Forest Protection Department to administer national parks. There are two important points found in the Decision:

1. To entrust the Forest Protection Department to deal with the administration of the national park system belonging to the Ministry of Forestry.

2. Following the functions and tasks of

national parks, the Director of the Forest Protection Department, together with line departments of the Ministry of Forestry, is assigned to control and supervise activities carried out by national parks.

8. Decision No. 34-1999 -QD/ BNN/ TCCB of 12 February 1999 of the Ministry of Agriculture and Rural Development on the working mechanism and relations between the Forest Protection Department and national parks belonging to the Ministry of Agriculture and Rural Development.

This document describes the responsibility of the Forest Protection Department and directors of national parks in administration of national parks. It also determines responsibility of line departments of the Ministry in collaboration with the Forest Protection Department in national park management. 9. Law on Environment Protection of 27 December 1993 There are 55 articles contained in this Law, of which two articles (12 and 13) are devoted to nature conservation: - All organizations and individuals are

required to protect wildlife species, biodiversity, forests, the sea and other ecosystems.

- Logging has to follow planning and

stipulations defined in the Law on Forest Protection (Article12).

- Utilisation and exploitation of nature

reserves and landscapes need to have a license from the concerned agency responsible for environmental protection administration and be registered at the offices of local authorities mandated to administer the nature reserves or landscapes within the localities (Article13).

Discussion The Law on Environment Protection has not given due emphasis to nature protection and biodiversity conservation. In particular, this Law does not contain a comprehensive provision on the system of protected areas over the entire country. 10. Decision 845-TTg dated 22nd December 1995 of the Prime Minister enforcing Vietnam’s Biodiversity Action Plan.

The Biodiversity Action Plan of Vietnam has proposed a variety of urgent actions related to the building-up and development of protected areas of Vietnam. These actions are: - Immediate actions need to be taken to

define and preserve protected areas retaining high biodiversity value. Around one million hectares of forest and forestry land should be expanded at 87 recognized Special-use Forests and priority is given to areas of high biodiversity value.

- Consolidate and develop buffer zones around protected areas and encourage people to practice intensive farming to stabilize living conditions. Efforts should be made to educate and convert local dwellers into forest protection forces.

- Planning should be done to establish

important wetland protected areas in Ca Mau, along the Hong River, bird sanctuaries, lagoons etc. These areas are apart from the Special-use Forest system and are located close to communities that are in urgent need of farming lands.

- Identifying selected marine and inland

wetland areas. Priority is given to marine protected areas with highly valued biodiversity.

- Experimental research should be carried out

to rear and propagate rare and precious sea creatures and forest wildlife. They may be species of high economic value that have been over-exploited or endangered.

Discussion The Biodiversity Action Plan (BAP) aims at the sustainable management of Vietnam’s biodiversity in the period from the late 20th Century and the beginning of the 21st Century. The BAP outlines the main directions and actions that need to be taken. However, it is lacking in specific details, such as who is responsible for implementation of its actions, how to carry it out and where to get the funds necessary for actions. The BAP was prepared by groups of experts with input and comments from researchers. Since this document was formulated without the active involvement of management officers and policy makers as well as line ministries, it is not reflected in annual action plans of ministries and provinces. The working mechanism for implementation of the BAP also needs to be discussed to verify the duties of concerned ministries, agencies and local administrations. 11. Decision No. 245-1998/QD/ TTg of the Prime Minister regarding the responsibility of authorities at different levels on state administration of forests and forestry lands. Articles concerning the management of the Special-use Forest system may be summarized as follows:

- Ministry of Agriculture and Rural Development is responsible for state administration of forests (Article 3, Item 1) focused on the following aspects:

a. Undertake periodical forest inventory

and forest classification, collect statistical data on timber resources and area of every forest category and produce maps of forests;

b. Formulate planning and plans on protection, development and sustainable utilisation of forests at the national scale and submit these documents to the government for approval; and

c. Make proposals to be submitted to the

Government on setting up national parks, nature reserves, watershed protection forests of national or inter-provincial importance and developing and national seed forests. Based on these documents, the Government may assign the Ministry of Agriculture and Rural Development, relevant departments or People’s Committees of provinces to manage, protect, and develop these specific forests.

- Responsibility of People’s Committees of

provinces and major cities on state administration of forests and forest lands:

a. Following the direction of the Ministry of

Agriculture and Rural Development and General Department of Land Administration, the authorities of provinces and major cities are requested to organize forest inventory and classification, complete statistical data on areas and standing stock of each forest category and forestry land available in the province.

b. District People’s Committees are to

monitor forest resource succession (structure, area and standing stock of forest) and forest lands and report to the provinces.

c. Establish Protection Forests, protected

areas, cultural, historical and tourist forest sites upon receiving writing agreement of Ministry of Agriculture and Rural Development and line departments and assign provincial agencies to manage and develop these specific forests.

Discussion

This Prime Ministerial Decision is one of the most important documents on the management of forests and decentralization of forest and forestry land management (including Special-use Forests). In this Decision the Prime Minister has clarified the responsibility of ministries, line departments and People’s Committees of provinces and cities. With this decision it is believed that concerned ministries and line departments, as well as People’s Committees at different administrative levels, will closely cooperate with the Ministry of Agriculture and Rural Development in forest and forestry land management. Regarding Special-use Forest management, there are some points that have not been found in documents issued before: - The Ministry of Agriculture and Rural

Development is not entitled to prepare proposals on and manage cultural, historical and environmental protection forests. This task is given to People’s Committees of provinces and cities.

- This Decision lacks a very essential

provision concerning the role and responsibility of the Ministry of Science, Technology and Environment and the Ministry of Culture and Information as well as provincial units in management and protection of forests, especially Special-use Forests. Without this provision, the overlapping and confusion of key stakeholders in controlling cultural, historical and environmental protection forests and wetland areas seems to be unavoidable.

12. Decision No. 3013/1997/ QD-BNN&PTNN dated 20 November 1997 of the Ministry of Agriculture and Rural Development approving the Regulation on Demarkation and Setting up Landmarks of Forests. This Regulation devotes certain provisions to Special-use Forests, such as: - All forested and open lands belonging to

national parks, nature reserves, cultural, historical and landscape protection forests and natural forests remaining in buffer zones have to be demarcated on maps and marked on the ground to ensure unified and proper management of all categories of forests.

- Legal basis for defining boundaries and setting up landmarks of protected areas is

the decision made on the establishment of the protected areas by a competent body and the approved feasibility study.

- Special-use Forests that have been established have to be identified on the ground as well as indicated on a map. If the boundary on mapping is consistent with the existing ground boundary, land marking can be commenced. Conversely, if discrepancies are found, adjustments have to be made prior to land marking.

- Designates the dimensions and required locations of boundary landmarks.

The funds for boundary land marking are provided from the Government’s budget. Discussion Determination of boundaries and setting up landmarks and signboards for Special-use Forests proves to be very essential because it shows the sovereignty of Special-use Forests, preventing the encroachment of people and local economic units into Special-use Forests. Management Boards of Special-use Forests are empowered to negotiate with local authorities and local economic units to settle disputes concerning the coverage of the Special-use Forests because of this system of boundaries and landmarks. The involvement of local administrations in this activity needs to be defined. 13. Decision No. 08/2001/QD/TTg dated 11 January 2001 of the Prime Minister promulgating Regulations on Management of Naturally-generated Special-use, Protection and Production Forest. 15 years after the Ministry of Forestry issued the Regulation on Management of Special-use Forests (30th November, 1986), this Regulation has been revised and promulgated by the Prime Minister. The revised Regulation has been updated and is more specific. The new elements found are the following: - Forest classification: The new Regulation

classifies Special-use Forests into:

1. National parks; 2. Nature Conservation Areas:

2a. Nature reserves and 2b. Species/Habitat Conservation

Areas; and

3. Cultural, Historical and Environmental Areas (landscape conservation areas).

- In term of functional division, every Special-use Forest has three zones: 1. Strictly protected zone, 2. Eco-rehabilitation zone, 3. Service and administration zone.

Although the areas of buffer zones are not counted in the total area of Special-use Forests, the feasibility studies for development of buffer zones can be approved together with that of the Special-use Forests. To facilitate forest management, Special-use Forests are divided into sections (1,000 ha) and sub-sections (100 ha). - In collaboration with provincial People’s

Committees and line ministries, the Ministry of Agriculture and Rural Development has to arrange appraisal of feasibility studies (development proposals) and submit the appraised studies to the Prime Minister for approval and decision to establish national parks and other forest types in the Special-use Forest system of Vietnam.

Chairmen of provincial People’s Committees are mandated to make decisions on establishing Special-use Forests of local significance upon receiving a written appraisal of the proposal from the Ministry of Agriculture and Rural Development. - Concerning the formality for approving

investment proposals and changes of the usage of Special-use Forest, the Regulations stipulate that the agencies competent for establishment of the forests are the decision-makers of investment proposals and forest management planning, which requires invested capital within the limit moderated by the existing laws. These relevant agencies are entitled to change the usage of Special-use Forests provided that concerned departments support, in writing, the intended changes. If Special-use Forests are converted to land-use purposes other than forestry, the provisions indicated in the Land Law and the Forest Protection and Development Law have to be followed.

- For any change of Special-use Forest

categories of centrally-controlled sites, the ministries have to submit proposals to change categories to the Government. Provincial authorities are to make proposals for forests managed by the provinces and submit them to the Government, provided

that the Ministry of Agriculture and Rural Development has appraised these proposals.

- Decentralization of Special-use Forest

management may be summarised as follows:

• The Ministry of Agriculture and Rural

Development is required to ensure proper management of the Special-use Forest system throughout the country. In particular, the Ministry has to prepare master planning on the development of the Special-use Forest system to be passed by the Government and develop policies and technical procedures applying to this forest system. It has to be involved directly in managing nationally crucial and provincial boundary-crossing parks. It also bears the responsibility to support the Ministry of Fisheries in guiding the management of aquatic resources in national parks and nature reserves endowed with wetland ecosystems.

• The Ministry of Culture and Information

directly controls cultural, historical and environmental protection forests and has responsibility to maintain cooperation with the Ministry of Agriculture and Rural Development to develop these forests.

• People’s Committees of provinces

control Special-use Forests that are not covered by ministries.

- Details of the operating mechanism to be

applied to the Special-use Forest system (Management Boards and Forest Protection Units). • Special-use Forests exceeding 1,000 ha

in area may set up Management Boards. • Special-use Forests with an area of over

15,000 ha are eligible to form Forest Protection Units controlled by Management Boards and supervised by Provincial Sub-departments for Forest Protection.

• Special-use Forests covering less than 1,000 ha do not need to establish Management Boards. Instead, management of these smaller Special-use Forests is entrusted to organizations, households and individuals (regarded as forest holders) following applicable regulations and laws.

In situations where Special-use Forests are not allocated to any stakeholder, District People’s Committees have to guide Commune People’s Committees to arrange forest management and protection. - In regard to research conducted within

Special-use Forests, Article 15 of the Decision stipulates that:

• Based on Regulations applied to

research in Special-use Forests issued by the Ministry of Agriculture and Rural Development, Management Boards formulate annual research plans to be approved by competent bodies. Management Boards then carry out the research and report the results to upper management levels.

• This Decision also specifies conditions

for research, teaching, practices conducted by local or overseas research organizations or individual scientists and students as well as for cooperation between local and foreign entities.

• Collection of specimens in Special-use

Forests with whatever purpose have to be permitted by the Ministry of Agriculture and Rural Development and the collector must cover costs incurred by Management Boards.

- Organization of tourism in Special-use

Forests:

• The organization of tourist activities in Special-use Forests has to be project-based and be permitted by competent administrative levels provided that tourist development will not have a negative effect on the Special-use Forests.

• Management Boards are eligible to run a

tourist business or lease activities to organizations and households, or sign contracts to provide tourist and eco-tourist services.

The use of forested or open lands in strictly protected zones of national parks for leases, business contracts or joint ventures that may lead to a change of natural processes of the forest is prohibited. The accounting of expenses and earnings for tourist services has to follow financial regulations. The funds gained from tourism will

be re-invested in management, protection and development of the Special-use Forests. - Activities aimed at stabilising and developing

socio-economic conditions for inhabitants living in the Special-use Forests and buffer zones are based on the following principles:

• Planning and investment projects aimed

at improving living conditions of the people in Special-use Forests and buffer zones have to be approved in parallel with the decisions on establishment of Special-use Forests.

• People living in the Special-use Forests

are supported for sedentarisation locally. Migration to Special-use Forests and buffer zones is prohibited.

In special cases, when local people have to be re-located from strictly protected zones, Management Boards are required to prepare proposals for approval. Though sedentarised residence plots, fixed farms and gardens developed by local dwellers do not constitute parts of Special-use Forests, these areas have to be indicated on maps and marked clearly on the ground. Discussion These newly issued Regulations on the management of Special-use Forests, coming into effect in 2001, represent the most comprehensive document currently applying to the management, protection and development of Special-use Forests. Most of the aspects related to Special-use Forests, such as concepts, functions, tasks, planning, classifications, zoning, establishment, formulation and approval of investment projects, determination of inplementing mechanisms, administrative decentralization, major activities of Special-use Forests, etc., are covered. These new Regulations will enhance substantially the development of Special-use Forests in Vietnam in the coming years. However, these new Regulations still contain confused elements, particularly: - Decentralisation of the Special-use Forest

system administration has led to disunity at provincial levels. Even within one province, Special-use Forests may be controlled by different administrative bodies, such as Departments for Agriculture and Rural Development, Forest Protection Sub-

departments or Departments of Culture and Information. These administrative arrangements often cause problems for management of forest resources.

- Differences between Special-use Forests of

national importance managed and invested in by the central departments and those developed by the provincial authorities.

- Lack of criteria for determining the cultural,

historical and environmental Special-use Forests to be controlled by the Ministry of Agriculture and Rural Development and those to be controlled by the Ministry of Culture and Information.

- According to the classification defined in the

new Regulations, Special-use Forests are divided into three categories and two sub-categories. The Regulations have provided criteria for classifying but there is no stipulation on different objectives for managing different categories of Special-use Forests. The proposal to add the category of Species and Habitat Reserves aims at harmonisation of conservation and sustainable development and certain parts of reserves of this type may be used in a sustainable way. However, according to the new Regulations this type of reserve is to be managed in the same way as other categories of Special-use Forests. Therefore, the introduction of a new category of Special-use Forest seems to be meaningless.

- The Regulations highlight that, in view of

preventing interventions harmful to parks and nature reserves, buffer zones have to be developed and the feasibility studies for buffer zone development have to be approved in parallel with project proposals for the establishment of Special-use Forests (Item 2, Article 8). In spite of this stipulation, Item 10, Article 1 of the Regulations emphasises that: “... Besides investment projects aimed at building up Special-use Forests, if it proves to be necessary, one or more investment projects for a buffer zone can be proposed consistent with socio-economic conditions of the localities”. Are buffer zone development projects, then, compulsory or just occasional?

- The most serious shortcoming of the new

Regulations is that they do not reflect new concepts about conservation, the integration of conservation and development. The Regulations are biassed to protection and

restriction rather than sustainable utilisation of forests and have no details about the management and development of buffer zones.

B. Documents on formulation and

approval of investment projects for Special-use Forests.

On 7 July, 1962 with Decision No. 72-TTg the Prime Minister established Cuc Phuong National Park, the first Special-use Forest of Vietnam. Based on a proposal made by the Ministry of Forestry the Prime Minister issued Decision No. 41-TTg of 24 January 1977 to set up 10 more Special-use Forests with a total area of 44,310 ha. Later, additional Special-use Forests were approved, in particular: - Decision No. 360-TTg of 7 July, 1978: Nam

Cat Tien Prohibited Forest. - Decision No. 65-HDBT of 7 April, 1982:

Mom Ray - Ngoc Vin Prohibited Forest. - Decision No. 85-CT of 1 March, 1984: Con

Dao Prohibited Forest. - Decision No. 79-CT of 31 March, 1986: Cat

Ba National Park. - Decision No. 194-CT of 9 August, 1986: 73

Prohibited Forests with an area of 796,512 ha.

In the above-mentioned Decisions, the titles, areas and boundaries of proposed Special-use Forests were not firmly defined. The government assigned the forestry sector, together with provincial authorities, to initiate further steps to define the boundaries of the newly established Special-use Forests, proceed with feasibility (investment) studies and take measures to protect the forests. In the early 1990s a number of feasibility studies for Special-use Forests were conducted and approved. As a result, several Special-use Forests were re-approved following the revised planning. Consequently, the titles, areas, boundaries and even categories of certain Special-use Forests were changed. These included: - Decision No. 352-CT of 29 October 1991

establishing Yok-Don National Park in Dak Lak Province, based on Tieu Teo-Easup Nature Reserve established in 1986.

- Decision No. 33-CT of 27 January 1992

establishing Ben En National Park in Thanh Hoa Province, based on Ben En Nature Reserve developed in 1986.

Since 1990, many other Special-use Forests have been established by the Government including: • Tram Chim Wetland Nature Reserve, Tam

Nong District, Dong Thap Province (Decision No. 47-TTg of 2nd February, 1994)

• Xuan Thuy Wetland Nature Reserve, Nam Dinh Province, (Decision No. 4893 -KGVX of 1994 of the Prime Minister).

The Ministry of Forestry (now the Ministry of Agriculture and Rural Development) and Provincial People’s Committees also made decisions to develop a series of new Special-use Forests, such as: • Ky Thuong Nature Reserve, Quang Ninh

Province (1994), • Khe Ro Nature Reserve, Bac Giang

Province (1995), • Tien Hai Wetland Nature Reserve, Thai Binh

Province (1995), etc. In this period, several Special-use Forests were set up but because actions were not taken immediately, these Special-use Forests did not become operational and their biodiversity value was lost. Among these intended nature reserves were Nam Don Nature Reserve (Son La Province), Pia Oac (Cao Bang Province), Hon Me Island (Thanh Hoa Province), Dai Binh Mountain (Lam Dong Province) and Cam Mountain (An Giang Province). In November 1997, at a Conference on planning, organization and management of Special-use Forests held in Cuc Phuong National Park, it was stated that Vietnam had a total of 91 Special-use Forests covering 1,861,045 ha, including: • 10 National Parks with a total area of

240,078 ha; • 56 Nature Reserves with a total area of

1,492,465 ha; and • 25 Cultural, Historical and Environmental

Protection Forests with a total area of 128,502 ha.

The Decisions approving feasibility studies for Special-use Forests provide an important legal background regulating activities carried out by Management Boards of Special-use Forest. The problem faced by a lot of Management Boards is that up to the year 1997, 91 Special-use Forests were established but only 45 units had feasibility studies approved and Management Boards set up. The rest of the Special-use Forests were

entrusted to local forest protection stations. The lack of specialized offices responsible for management of forests has led to the rapid devastation of forests and deterioration of biodiversity. The decisions approving feasibility studies of Special-use Forests provide crucial legal documents for management and protection of Special-use Forests. However, these documents contain a shortcoming that needs to be addressed. Normally, the decisions do not clearly indicate the boundaries of Special-use Forests. It makes the demarcation on the ground extremely difficult. In addition, many areas have no maps enclosed, or have maps that were not approved by the relevant bodies. This situation causes serious problems for Management Boards whenever they are negotiating with surrounding entities to clarify the boundaries of Special-use Forests. Another problem that all Special-use Forests are facing is the disbursement of the approved budget. Annual budgets developed for Special-use Forests are considered and approved quite carefully. All items of expense, as well as the disbursement schedule, are described in the approved budget-allocation documents. In reality, only national parks receive, to some extent, enough funds, while other Special-use Forests face serious shortages. In fact, with the annual budget allocated by the Government, Management Boards have difficulty covering staff salaries and they cannot follow-up the operations outlined in feasibility studies. In 1997, amongst 45 Special-use Forests approved with feasibility studies, there were 22 areas funded by Program 327. Twenty-three areas had to rely on capital construction sources. At present, Special-use Forests, which have funds from the National Programme 327, can no longer rely on this funding source since this Program has almost terminated and only a part of the intended planning has shifted to the subsequent 5 Million Hectare Re-afforestation Programme. How will these Special-use Forests function with the new funding structure in the new circumstances? The decentralization of management proposed in various Decisions of the Government is quite confused. In Decisions 72-TTg, 41-TTg and 194-TTg it is stated that the Forestry Sector is to control newly established Special-use Forests. However, according to Decision No. 360-TTg, Cat Tien National Park was entrusted to the People’s Committee of Dong Nai Province. Later on, following Decision No. 38/1998/ QD-TTg, this Park was transferred to the Ministry of Agriculture and Rural Development. Likewise,

with Decision No. 79-CT, Cat Ba National Park was established and designated to the People’s Committee of the City of Hai Phong. After a few years of ineffective management, the People’s Committee of Hai Phong handed this Park over to the former Ministry of Forestry. The same situation also occurred with Con Dao, Ben En and Ba Be National Parks. There is an overlap between cultural and forestry agencies engaged in management of Cultural, Historical and Environmental Special-use Forests. As a result, there are usually two Management Boards in one area, a forestry organization responsible for the forest and a cultural organization responsible for historical and cultural features. Examples occur in the Special-use Forests of Hung Temple, Pac Po, Huong Son Pagoda and Phong Nha Nature Reserve. To avoid this overlap, the Government needs to clarify responsibility and mandates of the Ministry of Agriculture and Rural Development and the Ministry of Culture and Information when developing feasibility studies for the establishment of Special-use Forests. C. Documents on strengthening management and protection of Special-use Forests.

To strengthen the management and protection of forests, including Special-use Forests, the Government and the Forestry Sector have produced a great variety of policies, programs, Instructions and Decrees, for example: 1. Decision No. 327-CT dated 15 September

1992 of the Council of Ministers on utilization of barren hills and denuded lands, coastal areas and water bodies.

This Decision aimed at re-greening barren hills and denuded lands, protecting forests and their ecology, utilising marginalized soils available in mountains, mid-lands, coastal dunes and water bodies, accomplishing sedentarisation and gradually stabilising and improving the material and spiritual living standards of the ethnic minority groups and other people resettled in new economic zones.

For Special-use Forests, in particular, the Decision emphasised the following issues:

- Activities for Special-use Forests are to be focused on strengthening strictly protected zones and maintaining the natural rehabilitation of ecosystems. If needed, indigenous trees will be planted. To increase forest coverage of

Special-use Forests any barren lands will be re-forested.

- Depending on land availability and the working capability of each household, the investment ability of the Government and the funding of households, each household may be allocated a certain area of bare land and/or forested land for reforestation and/or maintenance of natural regeneration. - Investment policy: The funds to cover activities under this Program come from the state budget, levies on forest resources, foreign aid, overseas loans and cooperation and all possible investment from the private sector. 2. Decision No. 556-TTg dated 12 September

1995 of the Prime Minister adjusting and providing additional stipulations to Decision No. 327-CT of 15 September 1992.

This Decision adjusted the purposes and objectives of Program 327 from 1996 onwards. From then it focused on re-forestation and protection of Special-use and Protection forests.

- With Protection Forests, investment is

concentrated mainly on re-forestation. - For Special-use Forests, efforts are focused

on protecting forests. - Support to local people who are practicing

shifting cultivation within an area of Special-use Forest is still a part of projects funded by Program No. 327.

Provincial People’s Committees and the Ministry of Forestry were asked to carry out planning and demarcation of Special-use Forests with a total area of 1.0-1.2 million ha, mainly of existing natural forests devoted to national parks, nature reserves and crucial, relic Historic Protected Forests. In the period 1996-2000 attempts were made to reforest most open lands designated as Special-use and Protection Forest categories. Natural regeneration and/or plantation establishment added an area of about 250,000 hectares of new forests. At the same time, necessary policy tools were applied to maintain the existing Special-use and Protection Forests.

The Government provided funds from the state budget, foreign aid, and overseas loans for implementation of Program 327. National funding for Protection and Special-use Forests including invested capital, loans, funds for relocating people, for agriculture and forestry extension services are put together and distributed through the National Treasury system.

Discussion of the two Decisions 327-CT and 556-TTg These two Decisions provide important policy tools for better management of protection and Special-use Forests. With these Decisions, the Government requested the Forestry Sector and Provincial People’s Committees to prepare planning of some 1.0-1.2 million hectares, mainly of existing natural forests, for protection and nature conservation. The Government supports the arrangement of contracts with households living in Special-use Forests to maintain Strictly Protected Zones, establish plantations and facilitate natural regeneration of Ecological Zones.

In the period 1992-1995 there were 22 projects on Special-use Forests using funds from this National Program. Implementation of projects supported by this program has demonstrated that the policy of setting contracts with households for protection and maintenance of forests, development of forest farms in buffer zones and the creation of favorable socio-economic conditions to avoid causes leading to deforestation has brought about encouraging results. Through this policy, the Government has given considerable credit to the role the local communities can play in management and protection of forests.

Since annual targets are applied identically to Protection and Special-use Forests, local authorities often give preference to Protection Forests, neglecting Special-use Forests. Special-use Forests, which are not covered by Management Boards, cannot make use of the support of Program 327. 3. Decree No. 14-CP issued by the

Government on 5 December 1992 regulating treatment of administrative violations in forest management and protection.

This Decree determines violation actions, rates of punishment, and other administrative treatments regarding Special-use Forests: - Illegal clearing of Special-use Forest:

Besides cash fines, material evidence confiscated may be seized and violators may be forced to restore the destroyed forest or compensate for damage.

- Illegal exploitation of Special-use Forests:

The illegal logging of over 0.5-1.0m3 or illegal collection of non-wood forest products worth VND 50,000 - 500,000 according to

local market prices. Fines range from VND 500,000 - 2,000,000.

- Illegal clearing and burning Special-use Forests: Besides fines, violators have to stop the activity, forest products are seized and they may be forced to restore the forest or compensate for the damage. Actions leading to forest fires at the scale of 0.1ha or less are to be fined. In more severe cases, fining may be increased substantially.

- In cases where people release cattle into

Special-use Forest and cause damage of less than 0.1ha, they may be fined. If the damage is more serious, the rate of fine may be increased and the violators forced to replant the destroyed forests.

4. Decree No. 77-CP issued by the

Government on 29 November 1996 regulating the settlements applied to administrative violations in forest management, forest and forestry products protection.

According to this Decree, if the damage exceeds a maximum limit, the case will be brought for criminal prosecution. Discussion on Decree No. 14-CP and Decree No. 77-CP These two Decrees provide forest control forces with the legal basis to treat violations. The range of penalties for violation actions indicated in Decree 77-CP is higher than that of Decree 14-CP with crimes such as destruction of Special-use Forests, illegal exploitation of Special-use Forest, cattle raising in the Special-use Forest, wildlife hunting, etc. Apart from the range of penalties, the Decree also regulates jurisdiction and procedures for treatment of violations and the disposal of material seized as evidence in the cases. 5. Decree No. 462-TTg dated 11 September

1993 of the Prime Minister on strengthening control of logging, transportation and export of wood and wood products.

This Decree aims at overcoming pending problems and weaknesses in forest management and protection, wood exploitation, transportation of wooden products and export. Besides the instruction urging the Ministry of Forestry to examine all documents issued by the Government concerning forest protection, logging and timber trading, the Prime Minister

also ordered the Ministry to undertake the following actions: - Immediately close off access to Special-use and Protection Forests, forests developed on limestone karsts and degraded forests that are maintained for natural regeneration. Guidance is needed so that local authorities can immediately demarcate locations, areas and boundaries of every forest category. At the same time the Ministry of Forestry was assigned to issue Regulations on management and protection applied to each kind of forest. These Regulations were to be announced broadly so that people could learn and follow them strictly. 6. Directive 525-TTg dated 2 November 1993

of the Prime Minister on policies and practical measures towards further socio-economic development in mountain areas.

In this Directive, the Forestry Sector was instructed to take the following measures: - Strictly protect the existing forests, maintain

natural regeneration of over-exploited forests, establish new plantations for protection, special-use and production purposes as well as for preservation of vegetative cover. The Ministry was required to develop suitable mechanisms for sustainable use of every type of forest.

- Immediately ensure forest gate closing. - Clearly determine area of forests and

forestry lands to be allocated to state enterprises, army units and local people to protect and manage. Existing natural forests and plantations developed from the state budget can be contracted to individual households for protection. Maintenance of degraded natural forests, which are in need of natural regeneration, also can be contracted to households. People, who have resettled but still practice shifting cultivation, can be involved in contracts for protection of forests, maintenance of over-exploited stands and the establishment of plantations. Each household may be granted a certain amount of cash and food needed in certain years.

Discussion on Directive 462-TTg and Directive 525-TTg To assure reliable control of logging, transportation and export of wood and wooden products, the Government requested the Ministry of Forestry to carefully examine legal documents regulating forest protection and management. The Prime Minister gave instructions to close logging of Protection and Special-use Forests

and forest stands developed on limestone karsts. Instruction was also given for regulations on management of all categories of forests to be made available. As well, forests were to be allocated to state enterprises and army units for proper control. The Government also advocated the development of contracts with local people for protection and maintenance of forests. This is a package of policy tools to ensure an effective and efficient control of logging, transportation and export of wood and wooden products. 7. Land Law issued by the President on 24 July

1993. This Law denotes certain provisions for the Forestry Sector. These provisions may be summarised as follows: - Land belongs to, and is owned by, the

people and is under the unified control of the Government. The Government re-allocates land to economic organizations, army units, government agencies, political-social organizations, households and individuals on a sustainable and long-term basis. The Government also allows organizations, households and individuals to rent land.

- The Government may consider and provide certificates on land use to people who are allocated land for long-term and stable use. People who received land enjoy rights on transfer, inheritance and lending land and can use the land-use right for mortgages.

- The mandate on land allocation for forestry use is regulated as follows: the People’s Committee of provinces and cities (under the authority of the central government) asks organizations, the People’s Committees of districts, towns and cities (under the authority of the provinces) to allocate land to households and individuals.

- The Government offices with jurisdiction for land allocation issue a certificate of land-use right. If the Government decides to allocate land, the People’s Committee of provinces and cities, under the authority of the central government, issues the certificate of land use.

8. Decree No. 02-CP issued on 15 January 1994 by the Government regulates the allocation of forestry land to organizations, households and individuals for long-term stable use for forestry purposes.

The Decree has a number of points relating to the Special-use Forests including: - Forestry land given by the State to

organizations, households and individuals to use for a long time mentioned in this Decree includes land with natural forest, land with planted forest, land with no forest but planned for forest and the care and protection of vegetation cover.

- The State allocates forestry land to

organizations, households and individuals to use for a long time according to the targetted use of each kind of forest: Special-use, Protection and Production forests.

- The period of land allocation is regulated according to the State plan for State organizations and to 50 years for other organizations, households and individuals.

- Land allocation to the Management Boards

of national parks and nature reserves is based on a Decision by the Prime Minister on land protection and management as follows:

o For areas that are strictly protected but

where people continue to live within the boundaries, the Management Boards will have forest protection contracts with households.

o For regeneration areas the Management Boards of Special-use Forests will allocate areas to households to protect the forest and plant forest according to an allocation contract.

o For agricultural land within the nature reserve and the regeneration area, the Management Board has the right to give it to households and individuals to use for agricultural production under the regulations that apply.

- Management Boards of cultural, historical

and environmental areas identified by the State management authorities: In cases where inhabitants and land for the establishment of agriculture exist, the Management Board has the right to pass the land to households and individuals to use for agricultural production purposes under the regulations that apply.

9. Circular No. 06-LN/KL of 18 June 1994 from

the Ministry of Forestry guiding the implementation of Decree No. 02-CP of 15 January 1994.

Guidelines for Special-use Forests: National parks or nature reserves, which are established according to a Decision of the Prime Minister or a Provincial People’s Committee, will be entrusted to the Management Board of the national park or nature reserve. For the strictly protected zone, in which many inhabitants live and they haven’t or can’t move out, the forest owner can contract an area for them to protect. Only farmland or settlement land of the households, which has been used previously, may be allocated to them according to the law. For the ecological rehabilitation zone, the forest owner may contract to the households living in the forests to protect the forest, support natural regeneration and plant forest according to a contract. Used farmland, settlement land and agricultural land may be allocated to households as described by the Land Law of 1993. Cultural forests, historical vestiges, famous landscape sites, research and experimental zones, which were established by a Decision of a competent management body, will be entrusted to the Management Boards. If the inhabitants live in the forests, the Management Board will allocate used farmland, settlement land and agricultural land to the farmers. - Funds for the allocation of forestry land are

to come from the national budget. 10. Determination 202-TTg of 2 May 1994 of

the Prime Minister stipulates requirements for contracts for forest protection, natural regeneration and reforestation.

The stipulations concerning Special-use Forests are: - Management Boards of Special-use Forests

receiving forest land and barren land from competent authorities are the state owners according to Decree 02-CP of the Government. State owners can contract these lands to households and other organizations for protection and natural regeneration and reforestation.

- When Management Boards of Special-use

Forests contract forest lands they must have a land use certificate, technical and economical justification or investor projects with capital to pay for contract expenses of the approved annual plan.

- Households and individuals, who are living

in the Special-use Forests, can be contracted. Ethnic minority households living in the forests as shifting cultivators have the preferential right to be contracted.

- The two parties to the contract must develop

specific contracts to cover their activities. Contract procedure for the Special-use Forests: o The core zone can be contracted out to

the households who are living there but haven’t or can’t move out. The forest owners will get funds from the national budget annually. The households are responsible for protecting the whole forest area for which they are contracted.

o In the ecological rehabilitation area and

buffer zone of national parks and nature reserves, the forest owner contracts the households according to planning or approved technical and economical justification and in accordance with the annual capital plan approved by the state. The contracted households can intercrop commercial crops and special crops following the guidelines of the forest owners and harvest all these products. The intercrop must not harm the main crops or the soil fertility.

Discussion and assessment The Land Law (1993), Decree 02-CP, Circular 06 LN/KL of the Ministry of Forestry and Decision 202-TTg are the important legal documents for allocation of forestry land to organizations, households and individuals for long-term use for forestry purposes in order to link people with the land, for socio-economic development and for the recovery of degraded forests. A major policy of the government is to help the people living in the Special-use Forests and buffer zones to have a job, have working land and have enough income so that they can protect the forests and don’t continue to degrade them. These policies also protect forests through Management Boards and create conditions for the minority groups conducting shifting cultivation to have a stable life. However, changing from a forest-based life, shifting cultivation and nomadic lifestyles to a stable life and participation in forest protection and restoration is a difficult and long process. To be effective, the policies of the state require a promotion and education process and support for the local people in many ways such as through agricultural and forestry extension, poverty alleviation schemes and resettlement in the vicinity of the Special-use Forest.

11. Directive 286–TTg on 2 May 1997 of the Prime Minister to enhance the urgent measures to protect and develop forests.

To prevent deforestation, enhance management and protect forests, the Government developed measures and assigned the following responsibilities to sectors, levels and localities: - The Ministry of Agriculture and Rural

Development, in cooperation with the Provincial People’s Committees is to set up landmarks and define boundaries of Special-use Forests, Protection Forests and natural forests.

- Chairpersons of Provincial People’s

Committees are responsible for managing each kind of forest in the province, including termination of deforestation, forbidding free migration and stopping those people who clear and set the forest on fire for cultivation and settlement. They are also required to destroy all short duration crops planted in forestry lands.

- Provinces that have forests must organize a

strong force to protect forests and to limit deforestation. They must apply the law strictly to those who continue deforestation.

- Forbidding exporting wood and wood-

products, except handicrafts. Encouraging importing wood. Finding a solution to replace fuel from natural firewood in industrial production, replace firewood by other fuel.

- Inventorying all kinds of forests over the

country, giving priority to the Central Highlands area to define, classify, plan and develop projects to protect, restore and reforest, especially Special-use Forests and Protection Forests.

12. Directive 287-TTg of 2 May 1997 of the

Prime Minister to investigate individuals and organizations destroying forests.

To ensure the enforcement of forest management and protection laws, the Prime Minister instructed: - Chairpersons of Provincial People’s

Committees, which have watershed forests, natural forests and Special-use Forests, must be responsible for managing forests in the region and preside, with the assistance of the Ministries and agencies to investigate all individuals and organizations who deforest in the area. If they find free

migration occurring, they must expel the migrants and take them to a defined place. If the migrants don’t accept this action, they are to be sent back to their home villages.

Where forests border on many provinces the Ministry of Agriculture and Rural Development is to coordinate with the Ministry of Defense, Ministry of Interior and Provincial People’s Committee to plan and organize to investigate them. The Ministry of the Interior presides for implementation. Discussion and assessment - At the end of 20th Century, the Vietnamese

Government recognized that deforestation is one of the national catastrophes of the country and the management and protection of forests are not solely the problem of the Forestry Branch. The Government developed many policies to prevent the catastrophic deforestation and degradation of forests. In particular, the Government mobilized the power of many sectors and provinces to coordinate with forestry agencies to protect forests.

- For the first time, those who degrade the

forest are called “deforesters” and the Government developed strict measures to limit their activities.

These are very important changes in thinking of the state leaders and the policy makers. The Forestry Branch should make use of this opportunity to combine with the other sectors and provinces to protect forests well. Necessarily, the administrative solutions should be combined with education to enhance the knowledge of the people and be implemented with cultural, social and economic programs to raise the material and spiritual life of the people so that forests can be protected. 13. Decision No. 661-QD/TTg of 29 July 1998 by

the Prime Minister about the purposes, tasks, policies and implementation of the Five Million Hectare Re-afforestation Program.

In the Decision there are the following points concerning Special-use Forests: - The purpose of the program is re-

afforestation of five million hectares and to protect the existing forest area in order to raise the coverage of forest to 43%, contributing to environmental security,

reduce natural calamities, increase the groundwater and conserve biodiversity.

- The tasks of the program are stated as:

o Effective protection of existing forests. The first step is protecting natural forests in Special-use Forests, Protection Forests and Production Forests with high and medium resource levels. This can be done by allocating land and forests for the organizations, households and individuals in combination with settled agriculture and sedentarisation for poverty alleviation to protect and restore forests, afforest and reforest.

o Reforestation:

To reforest two million hectares of Protection Forest and Special-use Forest; Restoration/natural regeneration in combination with reforesting one million hectares; Afforest one million hectares in combination with resettlement; and Reforest three million hectares of Production Forest.

- The progress of reforestation has been divided into three stages:

o Stage I, 1998- 2000: Reforestation of

700,000 hectares (including 260,000 ha of Protection Forest and Special-use Forest). Restoration/natural regeneration combined with additional reforestation of an additional 350,000 ha.

o Stage II, 2001- 2005: Reforestation of

1.3 million hectares (including 350,000 ha of Protection and Special-use Forests) and natural regeneration combined with additional reforestation of an additional 650,000 hectares.

o Stage III, 2006-2010: Reforestation of 2

million hectares (including 390,000 hectares of Protection and Special-use Forests).

- Vegetation structure for Special-use Forest:

Based on requirement of ecological restoration of each kind of Special-use Forests, the Management Board will choose the specific vegetation structure, which corresponds to the ecosystem of the region and approved by the Ministry of Agriculture and Rural Development or Provincial People’s Committee.

- Investments may come from the national budget for contracts for the protection of Special-use Forests, important and very important Protection Forests, for an area of about two million hectares. The payment rate is to be no more than VND50,000/ha/year with a contract period of not more than five years. A contract for natural regeneration in combination with additional planting is to be for not more than VND1,000,000/ha/year and the contract period is up to six years.

- A preferential right for contracts for

protection and restoration of forests is given to households that are poor, living near the forest or where the households had been contracted before. At the end of the contracted time, if the household wishes and they did their duty well, they will be contracted again for the next period.

Discussion and assessment This program expressed the high commitment of the government to restore forest coverage, including Special-use Forests and other forest ecosystems, in a short period of time. This is a large program and runs for a long time. Therefore, it will support management and protection of Special-use Forests because, if it is successful, Vietnam’s forest coverage will be restored to 43% and coverage of Special-use Forests also will be increased. At that time forests will fulfill their environmental role, supply raw materials for the economic sectors and provide safe habitats for much of the wildlife that is under threat of extinction. If forests are restored again, pressure on forest products will be reduced. Biodiversity also will be restored and Special-use Forests will no longer be isolated or the targets of deforesters. To implement this program successfully the planning and investment for research and technology should be enhanced to solve problems concerning planting areas, land rights, species to be planted and seed availability. Plantation and reforestation plans are not defined for both Protection Forests and Special-use Forests. Therefore, implementation is directed towards Protection Forests only. 14. Decree 01L/CTN dated 4 January 2000 of

the State President on promulgation of the Law on Crime.

This law has 344 Articles, seven of which are related to Special-use Forest protection and management:

- Article 173: Violations of regulations on land

utilization. - Article 174: Violations of regulations on land

management. - Article 176: Violations of regulations on

forest management. - Article 189: Forest destruction. - Article 190: Violations of regulations on rare

and precious wildlife protection. - Article 191: Violations in special protection

regulations for PAs:

o People who violate the regulation on utilisation and harvest of resources in nature reserves, national parks and other natural sites specially protected by the State will be administratively punished. If it is a serious violation, punishment will be a fine from VND 5 to 50 million, and a suspended sentence up to 3 years or imprisonment from 6 months to 3 years.

o Extremely or especially serious

violations will receive an imprisonment sentence from 2 to 5 years.

Violators can be fined from VND 20 million, dismissed from work and banned from taking certain professions from 1 to 5 years. D. Documents related to wildlife management and protection At the same time as the promulgation of the documents on Special-use Forest management and protection, the Vietnamese government and related Ministries have issued many documents to reinforce wildlife management and protection. 1. Instruction No. 134–TTg of 21 June 1960.

The government policy changed from killing elephants to a policy of taming wild elephants for human use. The government authorized the General Department of Forestry to research the issue and to organize teams for capturing and taming elephants.

2. Decree 39-TTg of 5 April 1963. Mainly in

order to control hunting and trapping of wildlife, the Decree stipulates temporary rules on hunting birds and animals. The regulation says that people should not hunt 20 bird and animal species; it restrains them from hunting four animal species; it stipulates the means of hunting and contains the prohibition on hunting in nature protection areas, wildlife reservation areas

and animal feeding areas. Following this regulation, the General Department of Forestry carried out research and set up some protected areas for birds, which became Prohibited and subsequently Special-use Forests.

3. Decree on Forest Protection of 11

September 1972.

Article 9: "Birds and wildlife animal hunting for any purpose has to obey the government rules on wildlife hunting and has to have permission from at least the level of the Provincial Forest Protection Department ”.

Article 10. "The Ministerial Council stipulates that rare and precious wildlife has to be protected and stipulates the protected regulations for these species.”

3. Decision No 276-QD on 2 June 1989 issued

by the Ministry of Forestry ruled on wildlife exportation and importation, management and protection. This was aimed at the management, protection, development, harvesting and proper use of the source of forest animals, especially rare, endemic and precious species in Vietnam.

This was to prohibit hunting, importing and exporting of 30 animal, six bird and two reptile species and to prevent the uncontrolled hunting, destruction, rash exploitation, lack of planning and the use for export that lead to the depletion of forest resources. It also encouraged the establishment of breeding farms for exports. The Ministry of Forestry was named as the controlling agent for wildlife exports and imports throughout the country. 4. Order 58-LCT/HDNN on 19 August 1991.

Article 1 regulates forest animals to be a part of the forest. " Forest regulated in this law includes natural and planted forest, as well as forest land, wildlife and natural factors related to the forests”.

Article 19 defines forest management, protection and exploitation: " Plant exploitation and forest animal hunting have to follow the States' rules on wildlife management and protection. Rare and precious wildlife has to be protected by a special system. Lists and protection and management systems for rare and precious wildlife are issued by the Ministerial Council." Article 25 rules on wildlife export and importation. " Wildlife exports and imports must have permission from the Ministry of Forestry.

Animal and plant imports have to guarantee the meeting of a species’ biological requirements and national quarantine regulations and must not harm ecological systems." 5. To carry out Article 19 of the Forest

Protection and Development Law, the Council of Ministers issued Decree 18-HDBT on 17 January 1992 stipulating the list of rare and precious forest plants and animals and protection and management systems.

This Decree stipulated that rare and precious wild species are divided into two groups according to their status: o Group I. Including plant species (IA includes

13 species) and special animal species (IB includes 27 mammal, five bird and four reptile species) that are endemic or have special value to science, the economy and the environment. They have a very low abundance or may be in danger of extinction. The State prohibits exploitation and use of rare and threatened animals of Group I. In special cases, any use must be permitted by the President of the Ministerial Council according to a proposal from the Ministry of Forestry.

o Group II. Including plant (IIA includes 19

species) and animal species (IIB includes seven mammal, one bird and two reptile species) with high economic value that are being over-exploited and are in danger of extinction. The government restricts the exploitation and use of rare and threatened wildlife of Group II. Timber exploitation must be permitted by the Ministry of Forestry and be passed by the President of the Ministerial Council. Wild animals are only to be trapped to develop stock for keeping, serve science and international exchange, or for other requirements, but the Ministry of Forestry must permit it.

All forest areas that have rare and precious plants and animals have to be indicated on maps. Areas and forests with high densities of rare and precious wildlife (in quantity and quality) need to be conserved, managed and seriously protected. 5. Directive No.130-TTg issued on 27 March

1993 by the Prime Minister makes stipulations on rare and precious wildlife management and protection. The Directive says that the Forest Protection and Development Law (1991) and Decision No. 18-HDBT (1992) must be carried out

seriously. It also requires the organization of good protection for Special-use Forests (national parks, nature reserves) and the quick prevention and punishment of law-breakers.

To carry out Decree 18-HDBT strictly, the Minister for Forestry is responsible for considering in detail and providing a submission to the Government when there are any demands for exploiting precious timber of Group IIA (Regulation in the Decree). Provincial People’s Committees are to issue Decisions on protection of rare, precious and special wildlife in their provinces and to minimize harvesting activity for international meat trading purposes for species that are not rare but are on the verge of overexploitation. Overexploitation could lead to an imbalance in the ecosystem. 6. Instructions 130-TTg and 2635-TTg issued

by the Prime Minister require the Ministry of Forestry, People’s Committees at all levels as well as related agencies to have control and implement seriously Decree 18-HDBT to prevent rare and precious wildlife exploitation for domestic utilization or export.

7. Decision No. 283-TTg issued by the Prime

Minister on 14 June 1993 ruled on carrying out urgent methods to control rare and precious timber. The Prime Minister required the Ministry of Forestry, People’s Committees at all levels and related agencies to suspend rare and precious timber exploitation, closely control rare and precious timber utilization, trading, transportation, export and import of this kind of timber. It was recognized that some regions exploited timber in the form of gathering and plant thinning, especially Pomu (a rare timber) to sell and export illegally.

7. On 13 December 1993, the Government

authorized the Ministry of Foreign Affairs to submit an application to the Swiss Government to join the Convention on International Trade in Endangered Species (CITES) (Official correspondence 6817-KGVX) and appointed the Ministry of Forestry to be the Authority for CITES.

The Authority has responsibilities to contact other member countries of the Convention and the Secretariat of CITES and has the right to issue certificates for precious wildlife trading. The Government appointed the Institute of Ecology and Biological Resources (IEBR) and the Center for Natural Resources and

Environmental Studies (CRES) of the National University of Hanoi to be the scientific experts to advise the management Authority. Since April 1994, Vietnam has been an official member of CITES. 8. On 21 March 1994 the Ministry of Forestry

sent to provincial and municipal committees official letter number 559-LN/KL on reinforcement for wildlife protection, instructing them to implement strictly the Law on Forest Protection and Development (1991), Decree 18-HDBT (17 Jan 1992) and Instruction 130-TTg (27 March 1993) on wildlife and precious plants and animal protection issued by the Government and Prime Minister. The Ministry of Forestry suggested that Provincial Committees prohibit hotels and restaurants from selling wild animal food and that they disperse illegal markets for trading wildlife, especially domestic markets and at border crossing areas. Also the Ministry sought to forbid processing and trading in animal skins, stuffed birds and animals and other products made of parts of wildlife such as horns, bones and skin and to punish offenders strictly.

9. On 29 May 1996, the Prime Minister issued

Instruction No. 359-TTg on urgent measures to protect and sustain wild animals. The Forest Protection and Development Law (1991) had been implemented for five years and Decree 18-HDBT (1992) had been implemented for four years but there had been no good results. To restore order in wild animal protection and development, the Prime Minister instructed agencies and relevant authorities to solve some urgent matters as follows:

o To conduct investigations strictly, control

and prevent illegal hunting of wild animals and ornamental birds and to investigate and prevent people from trading, transporting, importing and keeping wild animals in domestic markets, border markets, traffic routes, wharves, airports and other gathering points. Any organizations or individuals who break laws should be punished strictly, from administrative fines to criminal investigation.

o Rare and precious wildlife seized

through inspections must be released to their natural habitats. The Ministry of Agriculture and Rural Development was required to co-operate with related

ministries to establish ‘rescue centers’ for wildlife survival to feed and take care of wildlife before releasing them back to the forests.

o To investigate and seize military guns,

air guns, and means of hunting and trapping wildlife.

o To consider re-issuing trading

certificates on species of wildlife according to the new Regulations.

o To encourage individuals to raise wild

species of animals, including rare and precious animals for trading and export.

o To reinforce control in existing nature

reserves and promote investigations on rare and precious animals to complete the list of rare and precious animals of Vietnam.

o To set up regulations on reasonable

management, protection, exploitation and utilization of wildlife resources.

o The Ministry of Agriculture and Rural

Development issued Official letter No. 2472-NN-KL/CV on 24 July 1996 to MARD units to implement the Prime Minister's Instruction 359-TTg on enhancing wildlife protection and development.

Besides, the documents related to the above-mentioned management and protection of wildlife resources, there are some documents related to wild animal trading in the domestic market, as well as for export: 10. Circular No 04-NN/KL-TT issued on 5 Feb

1996 by the Ministry of Agriculture and Rural Development, instructing on how to implement Decree 02-CP issued on 5 Jan 1995 by the Government, which ruled on commodities, services prohibited from trading and goods and services that can be traded, with conditions, in domestic markets (Instruction on wildlife trading).

11. Decree 11/199/ND-CP issued on 3 March

1999 by the Government on commodities forbidden in circulation, forbidden in trade or restrained from trade, or permitted for conditional trading.

12. Decision No. 47/1999-QD-BNN-KL issued on

12 March 1999 by MARD promulgates regulations on inspection of wood and forest

product transportation and trading. Articles 10 and 11 define documents on wildlife transportation and the issuing of special transportation permits to transport rare animals.

13. Official correspondence 309-KL-BTTN

issued by the Forest Protection Department on 9 September 1999 outlines the procedure to register crocodile farms for crocodile export.

14. Decision 242/1999/QD/TTg issued by the

Prime Minister on 30 December 1999 on managing commodity exports and imports in 2000. In the Decision, wild animals and rare and precious wildlife are listed as non-exportable commodities according to the MARD advice.

15. Official correspondence No. 637-KL-BTTN

issued by the Forestry Protection Department on 2 Nov 2000 outlining professional skills on wildlife management for Provincial Forestry Protection Sub-departments.

16. Decision No 140/2000/ QD/ BNN-KL issued

by MARD on 21 December 2000 promulgating a protection list of some mice-eating wildlife (to protect rice crops). The list consists of six snake species (including two species of pythons), seven bird species and four mammal species.

Discussion and assessment Decree No. 39-TTg (5 April 1963) issued by the Government regulated Temporary Rules on hunting and catching wildlife. The Decree on Forest Protection (11 Sept. 1972), Law on Forest Protection and Development (19 Aug. 1991) and Decree No. 18–HDBT of 17 Jan. 1992 stipulated the list of rare and precious wildlife and management protection systems. These are Vietnam’s basic legal documents on management, protection and development of wildlife resources, mainly on bird and mammal species. Temporary regulations on hunting wild birds and animals (1963) had many disadvantages. Regulations permitting ethnic people to hunt wild animals to improve their lives were not considered appropriate. At present, the economic situation and living standards of Vietnamese people are improving. The trading, export and import of wild animals has developed rapidly, but recent documents on

wild animal management are stated generally as: The harvest and trading of wildlife have to follow the State regulations on wildlife management and protection. In fact, in the previous Government documents wildlife was mainly mentioned as birds and mammals. Currently, in addition to birds and mammals, mountain people traditionally harvest many other groups of animals such as amphibians, reptiles and invertebrates. Thee documents rarely mention those groups. At present, there is a lack of a document issued by the State on management, protection, development, proper utilization and trading in fauna and flora (free-ranging as well as hand-reared wildlife). There is also a lack in management and monitoring regulations for wildlife in Nature Reserves and National Parks. The implementation of the laws on wildlife management and protection is not good. Hunting and trading in wild animals and shops that sell wild animal meat are still very popular in some areas. People's consciousness about protecting rare and precious wildlife is poor. Therefore, there is a requirement for some actions to improve people's sense of the need for the protection and development of rare and precious wildlife. III. General assessment on documents relating to management and protection of Special-use Forests. Strengths. Following conditions of long-lasting war and hard economic conditions, the awareness of people about the role of nature reserves and forests for biodiversity protection is still low. Vietnam lacks documents and information about conservation. However, the Vietnamese Government, the Ministry of Agriculture and Rural Development (formerly the Ministry of Forestry) now pay attention to nature conservation, forests and biological diversity protection. A Special-use Forest system has been developed and some other protection areas such as a Biosphere Reserve, Ramsar sites and a World Natural Heritage Area have been established. Together with establishment of nature protection areas, the Government, the Ministry of Agriculture and Rural Development and many other Ministries have issued many documents related to protection and management of reserve areas (mostly Special-use Forests). Despite several shortcomings in the document system, it has made a large contribution to the

establishment, management and development of Vietnam’s nature reserves, keeping development limited in those areas in order to protect and use the natural resources of the country responsibly. Aimed at supporting the existence and development of the system of Vietnam’s nature reserve areas, the Government, Ministries and sectors have developed policies for settled agriculture, fixed occupancy, land and forest allocation, hunger elimination, reduction of poverty and forest plantation improvement. Policies and guidelines of the government and ministries pay attention to participation in Special-use Forest protection by local people and communities as a first step. Activities of the Ministry of Science, Technology and Environment, the Ministry of Culture and Information, the Ministry of Education and Training, the People' Committee of provinces with Special-use Forests, information programs of newspapers, radio stations and television shows about nature conservation and forest protection all make positive contributions to people's improved awareness and attract them to participate in nature and environment protection in the country. These activities are also great support for sectors and local governments for management, protection and development of nature reserve areas and they also reflect policies and guidelines of the Government about nature protection, implemented through activities of management offices and local authorities. Shortcomings. The Government policies about nature protection are not reflected completely by the Ministries, sectors, and local authorities. Therefore, with the mention of nature protection areas, people immediately think of Special-use Forests managed by the forestry sector. Vietnam still lacks a comprehensive nature protection strategy in which Ministries, sectors and local authorities see their responsibility to participate and make contributions. There is no classification system for all types of nature conservation areas in the country. At present, the classification system for Special-use Forests with three categories and two sub-categories, according to the Special-use Forest management Regulation issued by the Prime Minister early in 2001 are only applied to protection areas with forests and controlled by the Agriculture and Forestry sectors. Wetland sites, marine parks, grasslands and mineral ore protection sites now managed by many other

ministries and sectors are not represented in the classification system mentioned above. At present there is a cumbersome interaction between the Ministry of Agriculture and Rural Development and the Ministry of Culture and Information for Cultural, Historical and Environmental Areas. Two or more units of two ministries or the whole local authority often manage the same area. Therefore, it is necessary to have responsibilities made clear. Most of the Government policies concentrate on Special-use Forest protection and completely ignore development trends and reasonable use of natural resources in Special-use Forests. Prohibiting exploitation and use of natural resources in Special-use Forests, including ecological restoration zones, is difficult to carry out. According to a social survey in and around Special-use Forest areas, over 90% of the population in many places depend on resources of the area (e.g. bird and animal hunting, wood collection, wood for housing, forest product collection, grazing and fish catching) and most of the local people spend only one-third of the year in agriculture, the other two-thirds harvesting forestry products (e.g. cane, bamboo, bamboo shoots, medicinal plants, ornamental plants) to use or to sell. When Special-use Forests are established, the local people have no place to graze cattle and no income from forestry products, while they receive nothing from the forest management department and see no benefit from the establishment of the protected area. Therefore, they do not support these conservation efforts and continue to use the forest to meet their life requirements. In the new Regulation for Special-use Forest management, there is one classification of species and habitat protection area. The substance is partial protection areas, which is different from a Nature Reserve area, a complete protection area. In this partial protection area, only some objects, or some landscapes are protected, and other objects are permitted to use reasonably and closely controlled to avoid affecting the objects that need protection. We have established some nature reserve areas before such as: Muong Nhe- Lai Chau province, Xuan Thuy- Nam Dinh province, Dat Mui-Ca Mau province, etc. with "open" management targets such as agriculture cultivation in some places of immense Muong Nhe area; sea products collection, bee raising, etc. according to seasonal occupation in wetland sites of Thai Thuy, Xuan Thuy, Dat Mui, etc.

There is a contradiction in this Regulation, however, because it specifies that exploitation activities are completely prohibited in Special- use Forests, including Species and Habitat Protection Areas. In practice, it is difficult to implement this regulation because it does not reflect the policy of protection combined with development and it is difficult to see the implementation and support of the local authority. In the 1986 Special-use Forest management Regulation, in Document No.1586-LN/KL of 13 July 1993 of the Ministry of Forestry concerning buffer zone regulation of national parks and nature reserves and in the Special-use Forest management Regulation recently issued by the Prime Minister, buffer zone investment projects are to be approved together with proposals for reserve area investment projects. However, there is a lack of a regulation specific for buffer zones that clearly defines buffer zone function, criteria for selection of buffer zones, principles to identify buffer zone boundaries and the authority for development and approval of a buffer zone project. For buffer zone management, it is necessary to have a Regulation giving specified responsibility to the Management Board of a Special-use Forest, to local authorities and to economic management units for buffer zones. Feasibility study or investment project development for a Special-use Forest also needs specific regulations. Who designs the project, how the project appraisal committee is organised and the specific content of a project also need conformity. In general, investment projects of Special-use Forest areas have not yet conformed both in content and format and there is nobody keeping a list of approved projects. Now, if we wanted to details of an investment project for a particular forest, we cannot find it. - We also need an intuitional framework for

Special-use Forest management to define clearly the responsibilities of each Ministry, Branch and local authority. Now, because there is no framework for Special-use Forest management, the responsibility for them is not clear. There is an overlap between Ministries and local authorities as well as management units of Ministries or local authorities.

- Now, most of the Special-use Forests have not been granted land tenure. Consequently, land encroachments and conflicts between local authorities and Management Boards exist. Local authorities themselves decide on

land allocation in Special-use Forest boundary areas, outside their areas of management responsibility and decisions on land utilisation for other purposes occurs in some national Parks and Nature Reserves.

- One important issue is the border of Special-use Forests. Currently, the majority of Special-use Forests do not have clearly defined boundaries to determine management rights and to provide “Red Books” (documents of lease ownership). If there is no “Red Book”, the Management Board of a Special-use Forest has no rights to hand over land and forest to agencies and households to participate cooperatively in protection tasks.

- Training and incentive policy for

management staff and staff working in protected areas are not mentioned in the documents.

- There is also the issue of the provision of

annual funds for Special-use Forests and it is necessary to specify clearly the mechanism of their provision. Currently, many of the areas are reaching the end of approved investment projects and many of the forests previously received sponsorship from the Government’s Program 327. Now, that kind of project does not exist and replacement funds have not been specified.

CHAPTER IV

RECOMMENDATIONS ON FURTHER AMENDMENTS AND ISSUANCE OF NEW POLICIES ON MANAGEMENT OF SPECIAL-USE FORESTS AND PROTECTED AREAS

IN THE FUTURE In order to better manage the current Special-use Forests and protected areas in the future, the authors suggest that the Government and relevant Ministries develop and issue new documents relating to management, protection and development of nature conservation in Vietnam as follows: 1. Compile a strategy about nature and

biodiversity protection for Vietnam and, based on that, a complete and systematic law on nature and biodiversity protection. This would be the foundation to develop protection of nature and management of protected areas in the new periods of the 21st Century.

2. Revise the nature protection law or law relating to nature conservation, elaborated and approved by the National Assembly, so that Vietnam will have a system of classification of nature protection areas that is scientifically-based, integrated, national and suitable to the Vietnamese people. This system should be based on the IUCN’s1994 classification system of protected areas (with six categories) and be adapted to Vietnam’s situation. This system of protected areas will be applied nationally. The Government will decide the management for each protected area based on characteristics, level of importance, function and size of each area and hand them over to Ministries, agencies or local authorities to manage.

3. The Prime Minister to issue a Decision on institutional framework in the field of protected area management that stipulates clearly responsibilities and duties of relevant Ministries, agencies and local authorities.

4. It is necessary to develop a specific

investment mechanism and policy for Special-use Forests consistent from central to local levels.

5. The Prime Minister to issue a Regulation on buffer zone management which clearly stipulates a definition, criteria for selection, principles for defining boundaries, management mechanisms, divisions of

responsibilities between Ministries, agencies and local authorities and the rights and duties of people living in the buffer zone.

6. The Prime Minister to issue a Regulation on

eco-tourism in protected areas that clearly defines Governance mechanism of relevant agencies, type of tourist activities permitted and division of benefits among protected area management Ministries, the General Department of Tourism, the Ministry of Culture and Information and local authorities.

7. Issue guidelines or rules to formulate investment projects for protected areas from the Ministry of Planning and Investment or Prime Minister. This will bring conformity to activities, defining the unit to prepare projects, unit to submit projects, unit to appraise, unit to approve projects, detail contents of projects, results needed to be submitted for the project (Note: To clearly stipulate the number and type of project documents, number of maps needed, map scale, authorities to certify borders shown on maps and zoning of protected areas). The more detail stipulated, the easier it will be for the above units to implement. It is also necessary to clearly stipulate where files of investment projects and final maps of protected areas will be kept.

8. A regulation issued by the Prime Minister or

Ministry of Environment, Technology and Science is needed for scientific study, especially the task to supervise forest resources and biodiversity studies in protected areas. This regulation would also clearly stipulate the requirements for gathering and exchanging specimens, management and exchange of documents and scientific reports, establishment of research stations, monitoring and other studies in protected areas.

9. A Regulation for international cooperation that clearly stipulates conditions for scientific cooperation, capital investment, acceptance and implementation of international projects and the sharing of results from studies.

10. In the future, the Ministry of Agriculture and Rural Development needs to review the whole Special-use Forest system to add, cancel or make adjustments to it and to submit recommendations to the Government for approval. This will establish a new and reasonable system of Special-use Forests representing the ecological systems of Vietnam.

11. The Government to issue a Regulation or Decree to manage, protect and develop, reasonably use and trade in wild animals (including both invertebrates and vertebrates).

12. The Government to issue policies to

encourage staff working in the protected areas system and local people living outside and around protection areas to participate actively in conservation activities.

13. The Government, Ministries and agencies

need to have policies on training of staff to develop staff with good knowledge, skills and conduct who want to work for many years in protected areas.

CONCLUSIONS AND RECOMMENDATIONS Special-use Forests in Vietnam today are the result of the first nature protection areas established and managed by the forestry and agriculture sectors. They were developed from 1962 and have now become a system of more than 90 reserves and national parks with a total area of more than two million hectares. Special-use Forests are one of the active measures taken to protect nature, forests and biodiversity in Vietnam. With the current system of Special-use Forests, more than one million hectares of natural forests, of which primary forests cover a high ratio, is being protected, hundreds of rare and precious plants and animals have found safe living habitats and some of them are recovering their numbers and distribution through rehabilitation and development. The results achieved are due to the active work of the staff of the forestry and agriculture sector, support from People’s Committees at different levels and the contribution, as well as sacrifices, of people living inside and around Special-use Forests. A great support that cannot be neglected for the establishment and development of that system is the work of the Vietnamese Government for nature protection, forest and biodiversity protection, through its Laws, Ordinances, Decrees, Decisions, Circulars, Regulations, Directives and Guidelines

that relate to protection and management of Special-use Forests. Thanks to these legal documents the establishment and development of Special-use Forests have gone the right way, received support and active participation of Ministries, agencies and local authorities at different levels and from people living inside and around protected areas. However, the development of protected areas including the Special-use Forests system is relatively new to Vietnam. This task was implemented during a long war and embargo period for Vietnam. Vietnam lacked information and experience and rarely received international support through that time. As a result, the documents relating to management of Special-use Forests and nature reserves could not avoid the limitations as noted above. Protected areas in Vietnam do not stop at Special-use Forests. A number of kinds of new protected areas managed by Ministries and other agencies has been established such as the Ramsar site in Xuan Thuy (1992) (Nam Dinh Province); Can Gio Biosphere Reserve (2000) (MOSTE), Halong World Natural Heritage Site (MCI), Hon Mun Marine Protected Area (Khanh Hoa Province). This situation requires us to revise as early as possible the documents relating to protected areas of Vietnam. There is, now, an advantage for the development or issuance of new documents. Vietnamese protected areas have a development history of 40 years and there are now specialized scientific and management units as well as staff with many years of work experience in conservation. There is also strong international support and cooperation and documents on nature conservation that cover a broad field. Therefore, the review of old documents and the development and issuance of new documents relating to nature protection areas in the future will be much easier compared with the establishment of the Special-use Forests system in the past. The authors, therefore, make the following recommendations to the responsible organizations: - In the future, Special-use Forests should

belong to the group of national nature protection areas (including wetlands and marine protected areas). Therefore, the Government has to clearly stipulate who is responsible for planning, submission of

documents, the preparation of investment projects and the management of protected areas, as well as the development and submission to the Prime Minister of legal documents clarifying the management of protected areas among Ministries (MOSTE, MARD, MOFi, and MCI).

- There is a need to clarify responsibilities between the MARD and the General Department of Tourism on a number of issues. These include management, division of duties and benefit sharing in ecotourism in protected areas. Currently, most of the Special-use Forests face difficulties with the mechanisms, policies and relationships with the tourism or local authorities in development of ecotourism within Special-use Forests.

- The SPAM Project should, as early as

possible, hold a national workshop on “Policies and Regulations on Management of Special-use Forests and Other Nature Protection Areas” so that senior management officers can present their opinions on this issue and through that managers and policy makers can clearly determine advantages and disadvantages of the current legal documents. On that basis new policies and regulations more suitable will be issued to strengthen management of the Special-use Forest system and other nature protection areas in the future.

REFERENCES

1. Vietnamese language

- Ministry of Science, Technology and Environment, 1998. Rationales for Planning of Marine

Nature Reserves, Hai Phong, 1998 (not yet published) - Ministry of Forestry, 1978. State Basic Regulations on Forestry. Su That Publishers. Ha Noi. - Ministry of Forestry, 1995. Questions and Answers on policies and laws in forestry. Agriculture

Publishers. Hanoi - Ministry of Forestry, 1994. Legal documents on forest amount, protection and forest product

management. Agriculture Publishers. 1994. - Ministry of Agriculture and Rural Development - Forest Protection Department, 1996. Forestland

allocation. Agriculture Publishers. Hanoi. - Ministry of Fishery, 1991. Legal documents on protection and development of fishery resources.

Agriculture Publishers. May 1991. - Long An Sub-department of Forest protection, Song Be, Ho Chi Minh City, 1993. A number of

regulations on forest protection and forest product harvest, processing and export. - Government of Socialist Republic of Vietnam & Global Environment Fund project VIE/91/G31.

1995. Vietnam Biodiversity Action Plan. - Department of Aquatic product resources protection, 2000. Legal regulations on management,

harvest and protection of aquatic resources products. Lao Dong Publishers. Hanoi. - Forest Development Department, 2000. Legal documents on Forestry. Agriculture Publishers.

Hanoi - Nguyen Quoc Huong, Vu Van Dung, 1998. Report on planning of Special-use Forest network of

Vietnam by 2010. December 1998 (not yet published). - Forest Inventory and Planning Institute and Bird Life International, 2001. Information of existing

and proposed protected areas in Vietnam (not yet published). - Vu Van Dung, 2000. Proposal on classification of Nature Reserves in Vietnam. - Law Enforcement Department - Ministry of Science, Technology and Environment, 1999.

Overview of documents and legal documents related to wetland in Vietnam. Hanoi December 1999 (Study report not yet published)

2. Foreign languages - IUCN, 1985, United Nations list of National Parks and Protected areas. IUCN, Gland,

Switzerland and Cambridge. - IUCN, 1994, Guidelines for protected area Management Categories. IUCN, Gland, Switzerland

and Cambridge. - IUCN, 1998. National System Planning for protected areas. IUCN, Canberra, Australia. - IUCN/WCPA, 2000. The world Commission on protected areas. 2nd Southeast Asia Region

Forum. Pakse, Laos PDR, 6-11 December 1999. IUCN Laos. Vientiane. - MacKinnon. J & Kathe et al, 1986. Managing protected areas in the Tropics. IUCN, Gland,

Switzerland.

APPENDIX A. Legal Documents of the State, Government and Ministry issued from 1962 to 1975 related to Special-use Forests. 1. Decision No. 72-TTg dated 7 July, 1962 by the Prime Minister on establishment Cuc Phuong

National Park 2. State Ordinance on forest protection - Order to announce Ordinance No 147-LCT dated 11

September 1972 by the President of the Democratic Republic of Vietnam. 3. Decision No 155-CP dated 3 October, 1973 by the Government Council guiding the

implementation of Forest Protection Act of 1972 4. Decree No. 101 - CP dated 21 May, 1973 by the Government Council stipulating the

organizational structure, duties and mandate of forest protection units 5. Decision No 348 dated 15 June, 19973 by the General Department of Forest on tasks, mandate

and organizational structure of Forest Protection Department B. Legal Documents of the State, Government, Ministry issued from 1962 to 1975 related to Special-use Forests I. Documents related to management and decentralization of Special-use Forest management. 1. Decision 132-CP dated 31 July 1976 by the State Council on organization of People’s forest

protection forces in southern Vietnam. 2. Decision No. 1171/QD/ dated 30 November, 1986 by the Ministry of Forestry on publication of

regulations on Special-use Forests 3. Official note No 1586-LN/KL on 13/7/1993 of the Ministry of Forestry on buffer zone of National

parks and Nature Reserves 4. State ordinance on protection and development of aquatic product resources, dated 25 April 1989. 5. Law on Forest Protection and Development, Order 58-LCT/HD MARD, dated 19 August 1991 by

State Council of Social Republic of Vietnam to announce the Law. 6. Decree 17-HDBD dated 17 January, 1992 of the Council of Ministers regulating the

implementation of the Law on Forest Protection and Development 7. Law on Environment Protection, dated 30 December 1993. 8. Official note No 1586-LN/KL on 13/7/1993 of the Ministry of Forestry on buffer zone of National

parks and Nature Reserves 9. Decree 39-CP dated 18 May 1994 by the Government on organizational structure, duties and

mandate of forest protection forces 10. Circular No. 7-TCLD dated 8 August, 1994 by Ministry of Forestry guiding the implementation of

Decree No 39-CP 11. Decision 845-TTg dated 22nd December, 1995 of the Prime Minister enforcing Vietnam’s

Biodiversity Action Plan 12. Biodiversity Conservation Action Plan (attached to the above mentioned Decision). 13. Decision No. 2968-NN-TCCB/QD, dated 15 November 1997 by the Ministry of Agriculture and

Rural Development entrusting Forestry Protection Department to administrate national parks. 14. Decision 347/TTg dated 28 May 1996 b the Prime Minister on task and authority of the Forest

Protection Department under MARD. 15. Decision 1271/NN-TCCB-QD by Minister of Agriculture and Rural Development on task, authority

and setup of the Forest Protection Department. 16. Decision 1013/1997/QD-BNN&PTNT, dated 20 November by MARD on promulgation of

regulations on forest demarcation. 17. Regulations on forest demarcation (attached to the above Decision). 18. Decision 245-1998/QD/TTg by the Prime Minister regarding the responsibility of authorities at

different levels on state administration of forests and forestry lands 19. Decision No. 34-1999 -QD/ BNN/ TCCB, dated 12th February 1999 of the Ministry of Agriculture

and Rural Development on the Working Mechanism and Relations between Forest Protection Department and national parks belonging to the Ministry of Agriculture and Rural Development.

20. Decision No. 08/2001/QD/TTg dated 11 January 2001 of the Prime Minister promulgating Management Regulations of Natural Special-use, Protection and Production Forests

21. Management Regulations of Natural Special-use, Protection and Production Forests.

Documents that have not been collected - Decree 175/CP dated 18 October 1995 guiding implementation of Environment Protection Law - Circular 490/1998/TT-BKHCNMT dated 21 October 1998 of the Ministry of Science, Technology

and Environment on guiding reporting and report appraisal of Environment Impact Assessment of investment projects.

- Decision 287/QD/CTN dated 17 October 1994 by State President adopting the Climate Change Convention and Biodiversity Convention

II. Documents related to formulation and approval of investment projects in Special-use Forests 1. Decision 72-TTg dated 7 July by the Prime Minister on Cuc Phuong National Park 2. Decision No. 41 - TTg dated 24 January 1977 on stipulating protected forests, establishment of 10

protected areas 3. Decision No. 360-TTg of 7 July, 1978 by Prime Minister on establishment of Nam Cat Tien

Prohibited Forest 4. Decision No. 85-CT of 1 March 1984 by Chairman of Council of Ministers on establishment of Con

Dao Prohibited Forest. 5. Decision No. 79-CT of 31 March, 1986 by Chairman of Council of Ministers on establishment of

Cat Ba National Park under Ministry of Forestry 6. Decision No. 194-CT dated 9 August 1986 by Chairman of Council of Ministers approving 73

Prohibited Forests. 7. Decision No. 237-CT dated 1 August, 1991 by Chairman of Council of Ministers on establishment

of Cat Ba National Park under Ministry of Forestry 8. Decision 83-TTg dated 10 November 1992 by Prime Minister approving the construction of Ba Be

National Park (phase 1) 9. Decision 14-TTg dated 19 October 1992 by Prime Minister approving the establishment of Bien

Lac Nature Reserve - Nui Ong, Binh Thuan province 10. Submission No 2249 KH dated 19 October 1994 of the Ministry of Forestry on requesting

expansion of Cat Tien National Park 11. Decision 444-KL/QD dated 2 October 1992 of Ministry of Forestry approving the establishment of

Nature Reserve North Phu Quoc, Kien Giang Province 12. Decision 445-KL/QD dated 2 October 1992 of Ministry of Forestry approving the establishment of

Con Son Kiep Bac Cultural and Historical Forest, Hai Hung Province 13. Decision 447-LN/KL dated 2 October 1992 of Ministry of Forestry approving the establishment of

Nature Reserve Xuan Son, Phu Tho Province 14. Decision 445-KL/KL dated 2 October 1992 of Ministry of Forestry approving the establishment of

Nature Reserve Son Tra, Quang Nam - Da Nang Province 15. Decision 412-LNQD dated 18 September 1992 of Ministry of Forestry approving the establishment

of Nature Reserve Dat Mui, Ngoc Hien district, Minh Hai Province 16. Decree 52/1999/ND-CP dated 8 July 1999 of the Government on promulgation of regulations on

investment and construction (replacing regulations on investment and construction attached to Decree 42/CP dated 16 July 1996 and Decree 92/CP dated 23 August 1997 by the Government)

17. Decree 12/2000/ND-CP dated 5 May 2000 of the Government on amendment, supplement a number of articles of the regulations on investment and construction attached to the Decree 52/1999/ND-CP dated 8 July 1999 of the Government

Documents that have not been collected - Decision 65 - HDBT dated 7 April 1982 of the Chairman of the Council of Ministers on

establishment of Mom Ray-Ngoc Vin Nature Reserve, Kon Tum Province - Decision 325-CT dated 29 October 1991 of the Government on establishment of National Park

Yok Don, Dac Lac Province. - Decision 214 CT dated 15 July 1991 of the Chairman of Council of Ministers on establishment of

National Park Bach Ma. - Decision 17 CT dated 16 January 1991 by Chairman of Council of Ministers changing Nature

Reserve Ba Vi to National Park Ba Vi. - Decision 135-TTg dated 31 March 1993 by Chairman of Council of Ministers changing Nature

Reserve Con Dao to National Park Con Dao. - Decision on changing Nature Reserve Ben En to National Park Ben En.

- Decision on establishment of Cat Tien National Park - Don Nai Province. - Decision 47-TTg dated 2 February 1994 on establishment of Nature Reserve Cham Chim, Tam

Nong District, Dong Thap province. - Decision 253/1998/QD-TTg dated 29 December 1998 of the Prime Minister on changing Nature

Reserve Cham Chim to National Park Cham Chim - Decision 1026/1998/QD-TTg dated 13 November 1998 of the Prime Minister on approving

investment project Nature Reserve Thanh Phu, Ben Tre province III. Legal documents on policies strengthening management, protection of special-used forest 1. Decision No. 264-CT dated 22 July 1992 of the Chairman of Council of Ministers on policy

promoting investment to develop forests 2. Decision No. 327-CT dated 15 September, 1992 of the Council of Ministers on utilization of barren

hills and denuded lands, coastal areas and water bodies 3. Decision 536/TTg dated 12 September 1995 of the Prime Minister on amendment, supplement of

Decision 327-CT dated 15 September, 1992 of the Council of Ministers 4. Decree No. 14-CP issued by the Government on 5 December, 1992 regulating treatment of

administrative violations in forest management and protection 5. Regulations on penalty of administrative violation in forest management and protection. 6. Decree 77-CP issued by the Government on 29-11-1996 regulating the rates of treatment applied

to administrative violations in forest management, forest and forestry products protection 7. Decree 26/CP dated 26 April 1996 on penalty of administrative violation on biodiversity protection,

nature conservation, harvest and trading of rare and specious plants and animals. 8. Directive No. 462- TTg dated 11 September, 1993 of Prime Minister on strengthening control of

logging, transportation and export of wood and wood products 9. Official note 166 KL/PC dated 2 October 1993 of the Forest Protection Department of Ministry of

Forestry to Sub-departments of Forest Protection on the implementation of the Directive 426-TTg 10. Directive 525- TTg dated 2 November 1993 of the Prime Minister on policies and practical

measures towards further socio-economic development in mountain areas 11. Land Law issued by the President of Socialist Republic of Vietnam on 24 July 1993 12. Decree No 02-CP issued on 15-1-1994 by the Government regulates allocation of forestry land to

organizations, households, individuals for long term stable use for forestry purposes 13. Regulations on forest land allocation to organizations, households and individuals for long-term

forestry purposes. 14. Curricular No. 06- LN/KL on 18.6.1994 of Ministry of Forestry guiding to implement the decree No

02- CP on 15.1.1994 on forest land allocation 15. Determine 202- TTg on 2.5.1994 of Prime Minister promulgates stipulation on contract for forest

protection, natural regeneration, and reforestation. 16. Regulations on contractual forest protection, forest regeneration protection, and forest plantation 17. Official note 1259 LN/KL dated 18 May 1995 of the Minister of Forestry to People’s Committees of

Provinces, Provincial Departments of Forestry, Agriculture, Sub-departments of Forest Protection, National Parks and Nature Reserves on strengthening of Special-use Forest management and protection.

18. Directive 286 – TTg on 2.5.1997 of Prime Minister to enhance the urgent measures to protect and develop forests

19. Directive 287- TTg on 2.5.1997 of Prime Minister to organize the inspection, sweeping individuals and organizations, deforesters

20. Decree 163/1999/ND-CP dated 16 November 1999 of the Government on land allocation, land lease to organizations, households, and individuals for long term forestry purposes.

21. Joint Circular 62/2000 guiding the implementation of land allocation, land lease and granting certification of forest land use

22. Decision No. 661-QD/ TTg on 29.7.1998 of Prime Minister about purposes, tasks, policies and realization of 5 Mill hectare reforestation project.

23. Criminal Code 1999. Documents that have not been collected - Decision 656-TTg dated 13 September 1996 of the Prime Minister on Socio-economic

Development in Tay Nguyen

- Decision 960 dated 24 December 1996 of the Prime Minister on Socio-economic development in Northern Mountainous Provinces

- Decree 01/CP dated 4 January of the Government promulgating regulations on land allocation for agricultural, environmental, fishery purposes to state enterprises

- Decree 26/CP dated 26 April 1996 of the Government on penalty of administrative violation of biodiversity protection, nature conservation, harvest and trading of rare and specious plants and animals

- Decree 163/1999/ND-CP dated 16 November of the Government on forest land allocation and lease to organizations, households, and individuals for long-term forestry purposes.

- Joint circular 62/2000/TTLT-BNN-TCDC dated 6 June 2000 guiding the land allocation and granting forest land use certifications.

IV. Legal documents related to management, protection of wildlife plants and animals 1. Directive 134-TTg dated 21 June 1960 of the Prime Minister on prohibition of elephant hunting 2. Decree 39 - TTg dated 5 April 1963 of the Government on promulgation of Temporary rules on

hunting birds, animals 3. Temporary rules on hunting birds, animals 4. Circular 40/LN dated 20 July 1963 of the General Department of Forestry clarifying and guiding

the implementation of Temporary rules on hunting birds, animals 5. Decision No 276-QD on 2 June 1989 of Ministry of Forestry promulgating the Regulation on

wildlife animal ex - importation and management, protection 6. Regulation on wildlife animal ex - importation and management, protection 7. Decree 18-HDBT on 17 January 1992 of the Chairman of the Council of Ministers stipulating the

list of rare, precious forest plants and animals and protection and management systems 8. Circular 13-LN-KL dated 12 October 1992 of the Ministry of Forestry guiding the implementation of

the Decree 18-HDBT on 17 January 1992 of the Chairman of the Council of Ministers stipulating the list of rare, precious forest plants and animals and protection and management systems

9. Directive 130-TTg dated 27 March 1993 of the Prime Minister on management and protection of rare and specious plants and animals

10. Directive 283-TTg dated 14 June 1993 of the Prime Minister on implementing urgent measures to manage rare and specious timber.

11. Official note 1888 LN/KL dated 16 August 1993 of the Ministry of Forestry to People’s Committees of provinces, Provincial Departments of Forestry, Agro-Forestry on guiding the implementation of Directive 283-TTg

12. Official Note 1817/KGVX dated 31 December 1993 of the Government Office announcing the instruction of Prime Minister on joining CITES

13. Decision 844-TCLD dated 5 August 1994 of the Minister of Forestry assigning Department of Forest Protection to represent the Ministry of Forestry to function as CITES Vietnam management agency.

14. Official Note 551/LN /KL dated 21 March 1994 of the Minister of Forestry to People’s Committees of provinces and cities on strengthening of wildlife protection.

15. Directive 359-TTg dated 29 May 1996 of the Prime Minister on urgent measures to protect and develop wildlife.

16. Official note 2472 NN-KL/CV dated 24 July 1996 of the Ministry of Agriculture and Rural Development to Provincial departments of Agriculture and Rural Development, provincial sub-departments of Forest Protection, and Vietnam Forest Product Corporation on strengthening of wildlife protection and development.

17. Circular 04 NN/KL dated 5 February 1996 of MAR guiding the implementation of the Decree 02-CP dated 5 January 1995 of the Government stipulating accommodations and services that are forbidden to trade, and accommodations and services that are trade conditionally.

18. Decree 11/1999-ND-CP dated 3 March 1999 of the Government stipulating accommodations and services that are forbidden to trade, and accommodations and services that are trade conditionally.

19. Decision 47/1999-QD-BNN-KL dated 12 March 1999 of the Minister of MARD promulgating the regulations on inspecting the transport, production, and trading of timber and forest products.

20. Regulations on inspecting the transport, production, and trading of timber and forest products. 21. Decision 242/1999?QD-TTg dated 30 December 2000 of the Government on management of

accommodation export-import for 2000.

22. Decision 140/2000/QD/BNN-KL dated 21 December 2000 of the Minister of MARD on the release of the list of wildlife animals that are natural enemies of rats

23. Decision 43/2000/QD-BNN-TCCB dated 19 April 2000 on the establishment of CITES Vietnam office

Documents that have not been collected - Directive 09/1998 CT-TTg dated 18 February 1998 of the Prime Minister on urgent measures to

eliminate rats to protect crops - Circular 05/1998/TT/BNN-CT/TTg dated 18 February 1998 of the Prime Minister.