Bản dịch văn bản 39/CP
Decree 39/CP
Cơ quan ban hành: Chính phủ
Ngày ban hành: 1994-05-18

DECREE No DECREE No. 39-CP ON THE 18TH OF MAY, 1994 ON THE SYSTEM OF ORGANIZATION AND THE TASKS AND POWERS OF THE FOREST RANGER SERVICE Pursuant to the Law on Organization of the Government on the 30th of September 1992; Pursuant to Chapter VII of the Law on the Protection and Development of Forests on the 12th of August 1991; At the proposal of the Minister of Forestry and the Minister-Chairman of the Government Commission on Organization and Personnel. DECREES: 1. ORGANIZATION OF THE FOREST RANGER SERVICE Article 1.- The Forest Ranger Service is the specialized force to enforce legislation on the management of forests and protection of the forests. It is organized from the center down to the districts. The Minister of Forestry is accountable to the Government for exercising unified leadership and management of the Forest Ranger Service in terms of organization, personnel, expenditures, technical equipment and professional matters in order to well implement the task of managing and protecting the forests throughout the country. The People's Committee in the provinces and cities directly under the Central Government (hereafter called Province) is accountable to the Government for exercising direct and overall management, guidance and inspection of the Forest Ranger Service's activities in the localities in order to ensure strict enforcement of legislation on forests and the management, protection, effective use and development of the forestry resources in the localities. Article 2.- The system of organization of the Forest Ranger Service comprises: a/ At the center: the Forest Ranger Department is directly attached to the Ministry of Forestry. b/ In a woodland province: Forest Ranger Sub-Department is directly attached to the Provincial People's Committee. c/ In the woodland district, towns and cities directly attached to the province (hereafter called District): the Forest Ranger Sector in directly under the Forest Ranger Sub-Department. At the major transport junctions for forestry products (roads, waterways and railways) and the processing and marketing centers for forestry products, a forestry products control sector directly under the Forest Ranger Sub-Department may be set up. The establishment and dissolution of the Forest Products Control Sector and its tasks shall be decided by the Provincial People's Committee after consultation with the Minister of Forestry. The Forest Ranger Office at all levels has the legal person status, its office and seal, and is entitled to open its bank account at the State Treasury. Article 3.- a/ The Forest Ranger Department has a department head assisted by one or two deputy department heads. The nomination and dismissal of the head and deputy heads of the Forest Ranger Department is decided by the Minister of Forestry. b/ A Forest Ranger Sub-Department has a head of sub-department assisted by one or two deputy heads of sub-department. The nomination and dismissal of the sub-department head is decided by the Chairman of the Provincial People's Committee after consultation with the Minister of Forestry. The nomination and dismissal of the deputy heads of the sub-department is decided by the Chairman of the Provincial People's Committee. c/ The Forest Ranger Sector and the Forestry Products Control Sector have heads of sector assisted by one or two deputy heads of sector. The nomination and dismissal of the head and deputy head of sector is decided by the Head of Forest Ranger Sub-Department after consultation with the Organization Committee of the provincial administration. II. TASKS AND POWERS OF THE OFFICE AND EMPLOYEES OF THE FOREST RANGER SERVICE Article 4.- The Forest Ranger Department is the advisory office to assist the Minister of Forestry in the discharge of the State function in the management of forests and protection of forests throughout the country. It is at the same time a specialized office to provide professional guidance and to enforce the laws and prevent law-breaking acts in the management and protection of forests. The Forest Ranger Department has the following concrete tasks and powers: 1. To monitor the implementation of the laws, policies, regimes and regulations on the management and protection of forests and on the management of the circulation of forest products. To advise the Minister of Forestry on the necessary undertakings and measures aimed at carrying out well the laws, policies, regimes and regulations in this domain. 2. To elaborate legal documents, policies, regimes, regulations, rules, and the necessary warning signs and legal registration or reporting forms in the management and protection of forests, management of the forest products; provide guidance in the implementation of these documents and regulations; and submit them to the Minister of Forestry or to the authorized State offices for promulgation. 3. To advise the Minister of Forestry on the management and preservation of the protection forests, the special-use forests and the production forests. To guide and help the localities to effect the management and preservation of the above said forests and also the forests which are not yet allocated to any organization or individual as prescribed by the Minister of Forestry. 4. To detect the regulations issued by any office, organization and locality in contravention of law or contrary to the regulations of the Ministry on the management and protection of forests, and advise the Minister of Forestry on the exercise of his authority to make recommendations on or to order the cessation of the execution of these regulations. 5. To provide guidance in the campaign of education and persuasion among the entire population to take part in the protection and building of the forests resources, and to fight against all acts of violation of legislation on forest protection. 6. To provide guidance in the control, inspection and handling within its jurisdiction of the violations of legislation on the management and protection of forests and the circulation of forestry products. 7. To manage the organization, personnel and technical equipment of the material and technical bases, to organize professional training and to foster the professional standard of the forest rangers throughout the country as prescribed by the Minister of Forestry. Article 5.- The Forest Ranger Sub-Department is the office advising the Provincial People's Committee on the discharge of the State function on the management and protection of forests in the locality. It is at the same time the office to enforce legislation on management and protection of forests. It has the following concrete tasks and powers: 1. To take stock of the situation of the forest resources and of the management and protection of forests in the locality. To advise the provincial People's Committee on the plan and measures to organize and guide the good management and protection of forest resources and forestry products in the locality. 2. To organize the enforcement of State policies, regimes, rules and regulations on the management and protection of forests and the management of forestry products in the locality. 3. To directly guide the Forest Ranger Sectors and Forestry Products Control Sector in the management and protection of forests and patrolling of forests, and in the control, inspection and handling within its jurisdiction the violations of legislation on the management and protection of forests and the management of forestry products in the locality. 4. To manage the forest areas in the locality which are not yet allocated to any organization or individual for management and use. 5. To organize campaigns of awareness and education about the management and protection of forests and mobilization of the population to protect and develop the forest resources. To direct the building of the grassroots force of the masses in the protection of forests and guide their activities. 6. To manage the organization, personnel, expenditures and equipment to provide professional training and build up the material and technical bases of the Forest Ranger Service in the locality under the guidance of the Ministry of Forestry. 7. To detect the regulations of the administration at various levels and of any office in the province which contravene legislation and State regulations on the management and protection of forests; and to advise the Chairman of the Provincial People's Committee how to settle the matter. 8. To coordinate action which the District People's Committee in working out plans for the management and protection of forests within the district and provide guidance for the good execution of these plans. Article 6.- While discharging their duty of managing and protecting forests, the employees of the Forest Ranger Service have to observe the law, strictly abide by their function and their vested powers, must wear uniforms, and carry the insignia and badges of the Forest Ranger Service. Article 7.- While discharging their duty of controlling and inspecting the implementation of legislation on the protection of forests, the Forest Ranger Service employees have the right: a/ To request the concerned organizations and individuals to supply a report on the situation and the necessary date and documents related to the control and inspection work. b/When detecting signs of a violation of legislation on the management and protection of forests and the management of forestry products, they are entitled to conduct inspection on the spot (including sea ports, railway stations, transport means, private houses, offices, factories and military units). c/ In the event of the detection of the activities of an organization or an individual which directly threaten to cause forest fire or any other forest destruction and serious pollution to the forest environment, they are entitled to request that organization or individual to suspend such activities so that they may report immediately to the authorized echelon for settlement. d/ They are entitled to ask the driver of a transport means carrying forestry products on a waterway or overland to stop for inspection of the forestry products. e/ The heads of the Forest Ranger Service at all levels are entitled to ask the local authorities to mobilize the necessary manpower and means to fight a forest fire, or to wipe out a forest pest, or to check an act of ravaging or destroying the forest resource. They are also entitled to handle the violations within their jurisdiction. g/ In case of necessity they may use weapons and special-purpose means as prescribed by law. Article 8.- Competence of Forest Ranger Service employees in handling violations: a/ They are entitled to hand administrative sanctions within the competence stipulated in the Ordinance on Administrative Violations and Decree No. 14-CP on the 5th of December 1992 of the Government on sanctions against administrative violations in the management and protection of forests. b/ The heads of the Forest Ranger Service at all levels are entitled to ask for prosecution and criminal investigation in the domain of management and protection of forests as stipulated in Article 93 of the Code on Criminal Proceedings and Article 29 of the Ordinance on the Organization of Investigation into Criminal Acts defined in Articles 181, 194 and 216 of the Penal Code. Article 9.- An employee or an organization of the Forest Ranger Service that misuses his post and power to act contrarily to law, regimes and policies of the State shall be dealt with according to law. III PERSONNEL, EXPENDITURES AND EQUIPMENT OF THE FOREST RANGER SERVICE Article 10.- The personnel and expenditures for the equipment and activities of the Forest Ranger Service belong to the personnel and professional expenditures covered by the State budget. Article 11.- The personnel of the Forest Ranger Service are supplied with uniforms, insignias, badges, ID badges, service flags and weapons and other necessary special use equipments. a/ The uniform of the Forest Ranger Service has two categories, one for winter and one for summer, made on a unified style and color complete with a cap or a kepi. b/ The insignia of the Forest Ranger Service is pinned on the front of the cap or kepi. The insignia is made of metal, round in shape, 32mm in diameter with a green leaf and a small five-point star in relief and the inscription "Kiem Lam" in Vietnamese. c/ The Forest Ranger badge is in two kinds: pinned on the lapel or on shoulder-strap. It has a green background and grade signs of the Forest Ranger Service. d/ The Forest Ranger ID badge is pinned on the upper cover of the left breast pocket. It carries a photo and the full name and number of the employee together with the name of his unit. e/ The service flag of the Forest Ranger Service is a green triangle with two long sides and the insignia of the service in the middle. Attached to this Decree is an Appendix concretely specifying the insignia, grades, badges and flag of the Forest Ranger Service. IV. PROVISIONS ON IMPLEMENTATION Article 12.- The Minister of Forestry has the responsibility: a/ To define the function, task and working apparatus of the Forest Ranger Department. b/ To issue, in consultation with the Government Commission on Organization and Personnel, the Status on the organization, activity and professional criteria and norms of the Forest Ranger Service to define the working relations between the Service and the State managerial office for forestry at all levels, to work out the plan for total personnel of the Forest Ranger Service and for its distribution according to the demand of the management and protection of forests in each locality. c/ To define and direct the organization and operations of the forest management and protection force among the units engaged in forestry production and business, the organizations for the management of special-purpose forests, protection forests, and the popular force for the protection of forests at the grassroots. Article 13.- The Chairman of the People's Committee of the provinces and the cities directly under to the Central Government has the responsibility: a/ To define the concrete responsibilities, powers and organization of the Forest Ranger Service at various levels, in the localities under the guidance of the Ministry of Forestry and the Government Commission on Organization and Personnel. b/ To define the responsibilities of the district and commune People's Committees in the management and protection of the forests in the localities, and in coordinating actions with the mass and social organizations, to motivate and educate the population to join in the implementation of the regulations on forest management and protection and in preventing the violations of legislation on forestry, and supervising the activities of the Forest Ranger Service in the localities. Article 14.- This Decree takes effect from the date of promulgation. All earlier regulations which are contrary to this Decree are annulled. Article 15.- The Minister of Forestry, the Minister-Chairman of the Government Commission on Organization and Personnel, the ministers and heads of ministerial-level agencies, the heads of the offices attached to the government, the chairmen of the People's Committees in the provinces and in the cities directly under the Central Government are duty bound to carry out this Decree. On behalf of the Government Prime Minister VO VAN KIET APPENDIX SPECIFICATIONS ON INSIGNIA, ECHELON BADGES, SERVICE FLAG AND ID BADGE OF THE FOREST RANGER SERVICE (Issued in conjunction with Decree of the Government No. 39-CP on the 18th of May, 1994) I. INSIGNIA 1. Insignia on cap: Made of metal, round in shape, 32mm in diameter. A golden-star in relief on a red background 17mm in diameter with a rim 1mm wide. Relief rays radiate from the star. Two golden relief leaves circumvent the insignia, the two stalks crossing at the lower part of the insignia. The word "Kiem Lam" green color is placed in the vacant space below the star and above the leaf stalks. This vacant space is 6mm high and 26mm wide. The word "Kiem Lam" is 3 mm high. 2. Insignia on the kepi: Two silver relief leaves circumvent the insignia, their stalks crossing, 60mm at the widest and 40mm in height. II. RANK BADGES A. Badge on the lapel: There are 15 ranks in the Forest Ranger Service from the department head to forest guard. The rank badge is parallelogram in dark green drape, 52mm long and 32mm high, either golden or silver rims. A miniature service insignia is stuck to the badge with differentiation by the number and colors of the stars and bars. 1. The Head of the Forest Ranger Department: 4 stars above 2 silver bars (2 mm wide), golden rim (1.5mm wide). 2. Deputy Head of Department: 3 stars above 2 silver bars, golden rim. 3. Head of Sub-Department: 2 stars above 2 silver bars, golden rim. 4. Deputy Head of Sub-Department: 1 star above 2 silver bars, golden rim. 5. Head of Sector: 4 stars above 1 silver bar, golden rim. 6. Deputy Head of Sector: 3 stars above 1 silver bar, golden rim. 7. Head of Section of Department: 2 stars above 2 silver bars, silver rim. 8. Deputy Head of Section of Department: 1 star above 2 silver bars, silver rim. 9. Head of Section of Sub-Department: 4 stars above 1 silver bar, silver rim. 10. Deputy Head of Section of Sub-Department: 3 stars above 1 silver bar, silver rim. 11. Head of station: 2 stars above 1 silver bar, silver rim. 12. Chief forest guard: 3 stars above 1 silver bar, silver rim. 13. Forest guard: 2 stars above 1 silver bar, silver rim. 14. Primary-level forest guard: 1 star above 1 silver bar silver rim. 15. Other forest ranger service employees: silver rim, service insignia in the middle, 20 mm in diameter. B. Badge on the shoulder-strap: Bark green drape, 115 mm long, 36mm wide, with golden or silver rim, 2 mm wide. A silver star and silver rank differentiation bars are stuck to this background. The shoulder badge is used only for Forest Ranger Service officials at leading posts. The number of stars and bars correspond to the rank and post of the carrier in the same way as the lapel badges. III. SERVICE ID BADGE - Made of hard paper, beige color, rectangular in shape, protected by a plastic sheet, size: 5.5 x 8.5 cm. - Pinned above the left breast pocket. - The upper part of the ID badge in red is printed with the name of the office of the carrier. The lower part is stuck on the left with a color photo size 3cm x 4cm, and on the right with the name of the carrier and serial number of the Forest Ranger Service. IV. SERVICE FLAG - Made of satin or soft cloth. - Color dark green. - Isosceles in shape: base side 28cm wide and the other two sides forming and isosceles triangle with a height of 45cm: - Forest Ranger Service insignia, round in shape, 10cm in diameter, stuck to the center of the flag.-