Laws of Vietnam

DIRECTIVE No.177-TTg ON THE 20TH OF MARCH 1995 OF THE PRIME MINISTER ON URGENT MEASURES TO PREVENT AND FIGHT AGAINST FOREST FIRES

In the past few years, many big forest fires occurred in many countries in the world, destroying tens of thousands of hectares of forest, and causing major losses in lives and property.

In our country, forest fires still happened on a serious level. Each year, fires still affected thousands of hectares of forests. According to a report of the Ministry of Forestry, in 1994 the acreage of forests damaged by fires did not decrease compared with 1993. Big forest fires still occurred in many provinces, such as Minh Hai, Kien Giang, Kontum, Darlac, Lam Dong, Son La, Lai Chau, Quang Ninh..., destroying natural resources of the country valued at hundreds of billions of Dong. Many forest fires seriously threatened the safety of constructions of the State, such as the high voltage electric systems, storage, and houses. They also caused very big damage to the ecology. On the other hand, the State budget has been spending each year hundreds of billions of Dong on the program for regreening bare hills (Program 327). This objective could hardly be realized, if we could not check in time forest fires, and the burning and destroying of forests.

Forest fires are caused by many factors. First of all, because the people are not fully aware of the need to protect the forests. The forest owners have not seen clearly their responsibility for preventing and fighting against forest fire. The Ministry of Forestry and the People's Committees at various echelons still attach little importance to this work. The forest control forces still have not really monitored closely the forests and the key areas where the forests are most vulnerable to fires. In many localities, there are almost no plan for prevention and combat against forest fires. There is not yet a close coordination among the ministries and the concerned agencies in this regard, and most still regard this as a business of the Ministry of Forestry alone.

At present, in many areas like the Central Highlands, the western part of South Vietnam, the climate is very dry and it will be soon the season of swiddening, hence the danger of forest fires, including very big forest fires, is very great. In order to limit to the lowest possible level, and eventually to check the forest fires and the burning of forests especially in the coming dry season, the Prime Minister instructs the Ministry of Forestry, the Ministry of the Interior, the Ministry of Defense, the other concerned ministries and branches and the People's Committees in the provinces and cities directly under the Central Government having forest land, to immediately carry out the following measures:

1. To adopt permanent and concrete measures right from this dry season, and take the initiative in preventing and fighting against forest fires:

- The Ministry of Forestry shall have to direct the localities to determine the categories of forest and the areas most vulnerable to forest fires, the important constructions most seriously threatened by forest fires, in order to direct the forest control at various levels to assign personnel to closely monitor the above mentioned objects, and apply a strict regime of patrol and guard, especially during the dry season.

- The Presidents of the People's Committees in the provinces and cities under the Central Government having forest land shall have to base themselves on the direction of the Ministry of Forestry, to personally check the concrete plans for prevention and combat against forest fires in their localities, and urgently direct the implementation of this plan prior to the dry season.

In the localities where forest fires have happened and where there are many key forests vulnerable to fires or constructions threatened by forest fires, steering committees must be founded from the provincial to the commune levels, in order to help the People's Committee at various levels to direct the prevention and combat against forest fires, with the same spirit of urgency as in the fight against storms and floods. At the Ministry of Forestry (the Forest Control Department), there must be a standing body to monitor and direct this work throughout the dry season.

- The Ministry of the Interior, the Ministry of Defense and the other concerned ministries and branches shall, according to their functions and tasks, have to closely cooperate with the Ministry of Forestry in the prevention and fight against forest fires, and instruct the units under their jurisdiction and in the forested areas, to take measures to prevent and combat forest fires, and take part in the combat against forest fires.

2. When a forest fire breaks out :

- All organizations and individuals, including the forest owners, when detecting a forest fire, shall have to notify in time the nearest local People's Committee, forest control, police and armed forces unit in order to join together in the fight. The forest owners must take the initiative in the fight against forest fires, and take responsibility for the fires happening to the forests under their management.

- The public agencies and armed forces units stationed in the locality shall have to organize the forces and means to join the fight against forest fires.

- The Presidents of the People's Committees at various levels and the Minister of Forestry are entitled to mobilize all on-the-spot forces and means to fight forest fires. All organizations and individuals must obey the order of mobilization of manpower and means to fight forest fires. Anyone, who refuses to comply with the order of mobilization shall be strictly penalized by law, depending on the extent of his violation.

- After the forest fire is put out, the People's Committee at all levels, the forest control and police at the same level must investigate and find out the cause, and mete out severe penalties against the culprit, deservedly reward and commend those individuals or units that detect in time a forest fire or make meritorious contributions to the fight against forest fires.

- The Ministry of Finance shall base itself on the proposal of the People's Committees in the provinces and cities directly under the Central Government and the Ministry of Forestry, to make available a reserve fund, and allocate it immediately to the Ministry of Forestry and the localities to help in overcoming the consequences of the forest fires.

3. There must be good preparations for the prevention and fight against forest fires, to make it a regular pattern, and to put an end to the burning of forests for swiddening:

- Right in 1995, the Ministry of Forestry must complete the network of forest fire forecast from the center to the localities; elaborate and issue the process and rules for the prevention and fight against forest fires; guide the forest owners to draw up the plans for this work; draw up the plans for building forest fire prevention and combat projects; supply means and equipment for patrol and information about forest fires; organize the forest control specialized in the prevention and combat against forest fires, and organize the population to join in the fight when necessary.

Under the guidance of the Ministry of Forestry, the owners of the constructions, offices and storages in the forest and forest fringes must draw up plans for prevention and combat against fires in order to protect their constructions, offices and storages.

- The Ministry of Forestry shall preside over and, together with the Ministry of Agriculture and Food Industry, the State Planning Committee, the Committee for Nationalities and Mountainous Regions..., direct the provinces to draw up the plans and organize the resettlement of the population in new economic zones, carry out the allocation of land and assignment of forest on a contract basis to the households, create favorable conditions for the population to borrow capital and animal and plant seeds, direct them in applying advanced methods of cultivation to develop production and stabilize their life, in order to end soon the burning of forests for cropping purpose; direct and inspect the People's Committees at all levels to examine and recover forests and assign them to other persons, if the former forest owners let forest fires occur out of irresponsibility.

4. On the organization of implementation:

The Ministry of Forestry shall preside over and coordinate with the concerned ministries and branches, to approve the plan for the prevention and fight against forest fires in the localities; organize wide dissemination and education among all strata of the population, especially the youth, youngsters and pupils, about the awareness of preventing and fighting against forest fires, the sense of responsibility and the duty of each organization and citizen in the protection of the national resources; to launch a movement of volunteer to prevent and fight against forest fires among the youth, youngsters and pupils; to guide and direct the People's Committees at various levels and the specialized organizations to carry out well this Directive. After the dry season, each year they shall make a synthetic report to the Prime Minister about the result of the prevention and fight against forest fires.

The Ministry of the Interior, the Ministry of Defense, the Ministry of Communications and Transport, the Ministry of Energy, the Ministry of Finance, the State Planning Committee, the General Meteorology and Hydrology Bureau, the General Tourism Department, and the other concerned ministries and branches shall, within the limit of their responsibility and powers, coordinate with the Ministry of Forestry guide the implementation of this Directive.

Prime Minister

VO VAN KIET