Lao

Legal Document

Title: Decree on the Protection Forest No. 333/PM
Type: Decree
Issuing Agency: Prime Minister Office
Responsible Agency: Ministry of Agriculture and Forestry
Issuing Date : 19-07-2010


INDEX

Chapter I - General Provisions

Article 1. Objectives
Article 2. The Protection Forests
Article 3. Terms Definitions
Article 4. Policies on the Protection Forest and the Protection Forestry Land
Article 5. Principles of the Management, the Protection and Conservation, the Development, and the Use of the Protection Forest and the Protection Forestry lands

Chapter II - Determination, Approval and Announcement of the Protection Forests Areas

Article 6. Determination and Classifications of Protection Forests
Article 7. Zoning in the Protection Forests and the protection Forestry Lands
Article 8. Criteria of Determination of the Protection of Forests
Article 9. Procedure on Determination of the Protection forest Boundary and the protection Forestry Lands
Article 10. The verification of the Boundary of the protection Forest and the Protection Forestry Lands
Article 11. Official Approvals of the Protection Forests and the Protection Forestry Lands

Chapter III - The Activities of the Protection Forests and the Protection Forestry Lands

Article 12. The Activities of the Protection Forests and the protection Forestry Lands
Article 13. The Survey of the Protection Forests and the Protection Forestry Lands
Article 14. The Planning for the Protection Forest and the Protection Forestry Lands
Article 15. The Research and Experiment
Article 16. The Protection and Conversation
Article 17. The Use of Forests, Forestry products, and Forestry Land
Article 18. The Development and restoration of production Forests and the Protection Forestry Lands
Article 19. The Change of the Protection Forest and the Protection Forestry Lands
Article 20. The Patrolling 

Chapter IV - Administration of the Protection Forests and Protection Forestry Lands

Article 21. The Administration of Protection Forests and the Protection Forestry lands
Article 22. The levels of the Administration of the Protection Forests and the Protection Forestry Lands
Article 23. The Administrative Organizations for the Protection Forests and the Protection Forestry Lands
Article 24. The Rights and Duties of the ministry of Agriculture and Forestry
Article 25. The Rights and Duties of the Provincial or City Departments of the Agriculture and Forestry
Article 26. The Rights and Duties of the District or Municipality Offices of the Agriculture and Forestry
Article 27. The Rights and Duties of the Village Forestry Units

Chapter V - Benefits and Obligations of the Users of the Protection Forests and Lands

Article 28. Benefits Gained from the Protection Forests and the Protection Forestry Lands
Article 29. Obligations for the Protection Forest and Protection Forestry Land

Chapter VI - Funds and Obligations in management, Conservation, and Development of Protection Forests and Protection Forestry lands

Article 30. Source of Funds
Article 31. The Obligations of the Projects

Chapter VII - Final Provisions

Article 32. Implementation
Article 33. Effectiveness


LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity

The office of the Prime minister No. 333/PM
Vientiane Capital, dated 19/7/2010

Decree
on the Protection Forest

- Pursuant to the law on the Government of the Lao P.D.R, revised edition, No. 02/NA, dated 06 May 2003;
- Pursuant to the law on forestry No. 06/NA, dated 24 December 2007;
- With reference to the proposal of the Minister of the Ministry of Agriculture and Forestry, No. 0061/AF, dated 06 July 2010.

The Prime Minister decrees as follows:

Chapter I
General Provisions

Article 1. Objectives

   This Decree defines the principles, the procedures, and the measures on the management, the protection and conversation, the development, and the sustainable use of the protection forest, with the aims of bringing the richness to the protection forests and the protection forestry lands, ensuring the protection of the environment, the water sources, the soil erosion, and safeguarding the soil quality the strategic national defense and public security forests, including the restoration, the encouragement, the monitoring and assessment of the laws in order to contribute to the improvement of the living standards of the people and the national socio-economic development. Top

Article 2. The Protection Forests
   The Protection Forests are the forests and the forestry lands which are located in the areas of the water sources, watershed areas, wetland forest, and river bank’s forest, road side forest, including the forest in and around the town, Municipality or outskirts of city, village’s sacred forests and cemeteries. The protection forests have the total area of 8,200,000 hectares (eight millions and two hundred thousands), which are determined for the purpose of protection of the watershed areas, the natural environments, the soil erosion, natural disasters, strategic points for the national defense-public security and other types of forests as determination. Top

Article 3. Terms Definitions
   The terms used in this Decree shall have the following meanings:

  1. Water sources forest means the forest and forestry land which a river rises which is located in watershed areas;
  2. Water Resource means freshwater resources, the places where fresh water gather, stop, or flow permanently or provisionally on the earth surface, in underground stream and up in the air;
  3. Watershed area means a boundary of all forestry areas and lands of every patch from the top upstream down to the estuaries, and from the water boundaries where the rainfalls drop down gathering and flowing into a reservoir system;
  4. The water reservoirs means the water storage sites for irrigation, fishery, using for consumption and power generation and tourism;
  5. The planning for the protection forest means the determination of the protection forest areas based on the collected data from the actual survey;
  6. The management means the forestry activities undertaking such as: the surveys, the planning for classified protection forests, the research and experiment, the use of forestry products in accordance with the plans for classified protection forests;
  7. The restoration means the protection and conservation of the degraded forest and forestry land, which are classified to be protected and conserved for rich and healthy forest again applying appropriate techniques based on conditions of each areas;
  8. The protection and conservation means to undertake various forestry activities to protect the water sources, soil erosion and quality, the strategic points for the national defense, for the protection of the natural catastrophe and the environment of the likes;
  9. The development means the re-plantation of forests and restoration of  the degraded forest and forestry land and restoration of land  after completion of the mining project in the protection forests and land to become the rich and healthy forest again by using the native trees or floras or local trees or floras that can be growth in that localities or areas for re-plantation covering the forest landscapes, supplemental plantation or naturally restoration.
  10. Road side forest means the forests defining for the protection of soil erosion of road sides, the eco-systems along the road side including the forest in the conservation areas of the road which is defined from each side of the road at least 50 meters over up (Fifty meters);
  11. The river side forest means the forests grow along the river side, stream, canal, swamps which have specifically characteristic eco-systems and defined for the protection of the land slight, erosion, reduce heavily flow of water and sedimentation into rivers, reservoir at least 50 meters from both side of river bank;
  12. Dipterocarp forest means the natural forest with low density and has specific eco-systems; it maintains the underground water, protects the soil at surface shallow level and stone surface. Most of trees grow here are ticking bark species, have not big stamp lasting for drought condition and forest fire, event through is a food bank, medicinal places etc. for the local people;
  13. National boundary Protection forests means the forest classified along the country border from the edge of border into the country at least 5 kilometers (five kilometers);
  14. Forests in and around the town means the natural forest or planted forest and are defined as the protection forest in order to reduce the air pollution in the town or city, the protection of the natural disaster, the study and research, the recreation and eco-tourism;
  15. Absolutely prohibited zone means the protection forest and the protection forestry land classified and allocated specifically in areas with steep slope over 35 degrees, water origin areas, the forest along the river banks, road side, the areas with high risk of soil erosion, the forest areas along the two country border which cover the streams, mountains, natural forest, vegetation, historical and cultural significance including living and non-living thing;
  16. Management areas means the forest and forestry land within the protection forest areas and the protection forest land classified and allocated for the local people to be able using the forests and the forest products in the traditionally sustainable manners without the negative impact to natural forest structure. Utility of forest can proceed only in the managed areas which consist of production forest, protection forest, secret forest, cemetery and etc;
  17. The change in protection forest means the change made on the forest and the forestry land in the protection forest for other purpose use. Top

Article 4. Policies on the Protection Forest and the Protection Forestry Land
   The Government has the policies on the management, the protection and conservation, the development, the natural forestry restoration, and the tree planting for environmental maintenance in the protection forestry land areas. These have to be made in relation to the national socio-economic development, the creation of technical material bases for the protection and conservation of watershed, water sources, the abundance of biodiversity, the environment, and the improvement of the people’s living conditions, including the allocation of the permanent settlements.
   The Government encourages all individuals, families, and organizations to take part in the protection and conservation, the development of the protection forest, the forestry restoration and the reforestation by using the native trees species seed or the tree species that can grow mainly in the localities as permitted by the regulations or guidance;
   The Government encourages the indirect used of the protection forest such as: eco-tourism site, recreation areas, research and experiment, Carbon market and other activities that have no affected on the ecological system of the protection forests which are allocated in accordance with the laws and regulations. Top

Article 5. Principles of the Management, the Protection and Conservation, the Development, and the Use of the Protection Forest and the Protection Forestry lands
   The management, the protection and conservation, the development and the use of the protection forest and the protection forestry land must be conducted based on the main principles as follows:

  1. Ensuring that the management of the protection forests and forestry lands is implemented in centralism and unity manners throughout the nation;
  2. Ensuring that the management of the protection forests is complied with the plans on the national socio-economic development, the national defense, the public security, and the forestry strategic development plan, the plans for use the protection forests and the protection forestry land;
  3. Ensuring that the protection, conservation, restoration, development of the protection forest, watershed forest, the water source forest, the biodiversity and environment shall take the people’s participation into account;
  4. Ensuring that the development of the protection forests is in placed by the restoration, recovery of the landscape, re-plantation, improvement of quality of soil to be rich and balancing with the ecology system of forests;
  5. Ensuring that the development of the protection forests by restoration, recovery of the landscape, re-plantation, improvement of soil quality must balance with the ecology system of the forests;
  6. Ensuring that using of the protection forests is under the sustainable forest management scheme, in effective ways and has no negative impact on environment and eco-system of the forests;
  7. Ensuring that the protection, conservation, and development of the protection forests and protection forestry land of the Lao PDR are in coordination and cooperation with the religion and international levels. Top

Chapter II
Determination, Approval and Announcement of the Protection Forests Areas

Article 6. Determination and Classifications of Protection Forests
   The protection forests and the protection forestry lands in the Lao PDR are determined, allocated and classified into two zones namely: the absolutely prohibited zone and utilization zone under management. The management, the protection, conservation, and development of these two protection forestry zones, must be strictly applied the provisions of Article 23, 59 and 82 of the law on the forestry, No. 06/NA, dated 24 December 2007.
   The protection forests in the Lao PDR are divided into four levels:

  1. The protection forests at the national level;
  2. The protection forests at the provincial or city levels;
  3. The protection forests at the district or Municipality levels;
  4. The protection forests at the village level. Top

Article 7. Zoning in the Protection Forests and the protection Forestry Lands
   The protection forests and the protection forestry lands are classified into two areas namely: the absolutely prohibited zone and utilization zone under management.
   The absolutely prohibited zone is the forests and landscapes at the steep slope of over 35 degrees, the areas of stream origin, the forest along river banks or road sides and other areas with high risks to affect the environment. This zone is protected strictly and any activity is not allowed such as: the slash and burn cultivation, farm, logging, destruction, tree moving, wood charcoal supplies, cattle rearing, home settlement, any construction activities including the drilling, rocks, mining and the collection of forest products.
   The protection forests and the protection forestry lands as classified for utilization under management are the forest zone that allows using without negative impact on the environment and eco-system of the forest in that area. This zone must also be protected in the same manners as the absolutely prohibited zone, but allowing the people to use the trees and forest products in accordance with allocation program. Top

Article 8. Criteria of Determination of the Protection of Forests
   Any forest and forestry land is determined as the protection forests must meet with the following criteria:

  1. The forestry territory and land must not be located in the National Conservation Forests and the national production Forests;
  2. The forestry territory and land must have at least superficies of over 0,5 hectare (half of hectare);
  3. The forestry territory and land lines with borders between the countries from the border point at least 05 KM (five kilometers);
  4. The forestry territory and land which is determined as forest for the reducing air-pollution, the research, park, recreation, forest in and around the towns, Municipalities, outskirts of city, forest for use, the sacred forests, village’s cemeteries, and etc;
  5. The forestry territory and land which is located as determined as the forests in the watershed forestry areas, water source and catchment areas, along the river banks, the road sides must be in the areas with steep slope over 35 degrees;
  6. The forestry territory and land which is determined as river side forest, and river stream must have at least superficies of over 0,5 hectare (half of hectare) from each side;
  7. The forestry territory and land which is determined as road side forest, including the forest in the conservation area for road must have at least superficies of over 50 meters (fifty meters) of each side;
  8. The forestry territory and land are any of the following type of forests: the strategic points for national defense, public security, forest lines between the bounder, the forest for prevention of nature disaster and environment protection, the forest in significantly historical and cultural sites;
  9. The forestry territory and land that is determined its boundary clearly particularly the water separated crest (mountain range top), rivers and roads. In case that there is no natural boundary, available, stakes must be placed as appropriate with they conditions of the areas. Top

Article 9. Procedure on Determination of the Protection forest Boundary and the protection Forestry lands
   In determining of the boundary of the protection forest and the protection forestry land, the following steps must be taken:

  1. Identifying initiative boundary in the geographic map and collection of data on forest in density coverage which interpreting from the satellite or air photos;
  2. Coordination with the relevant local administrations and organizations in order to reach the consents on the boundary and drafting of the legislation on such boundary;
  3. Drawing the boundary map of the protection forest and land and submit to the Government for consideration and approval;
  4. Submission to the National Land Administration for issuance of the land title on the protection forestry land. Top

Article 10. The verification of the Boundary of the protection Forest and the Protection Forestry Lands
   The verification of the boundary for the protection forest and the protection forestry land must be obtained from different administration levels as described below:

  1. The boundary of the protection forest and the protection forestry land at the national, or provincial, and city levels that is permitted to be under administration of a province, or city must be verified by the provincial governor, or city mayor upon the proposal by the provincial, city land administration in collaboration and agreed unanimously with the provincial or city department of agriculture and forestry;
  2. The boundary of the protection forest and the protection forestry land at the district or Municipality levels that is permitted to be under administration of a district or Municipality must be verified by the district mayor, or Municipality mayor upon the proposal by the district or Municipality land administration in collaboration and agreed unanimously with the district or Municipality office of agriculture and forestry
  3. The boundary of the protection forest and the protection forestry land at village level that is permitted to be under administration of a village or community must be verified by the chief of village upon the proposal by village land administration unit in collaboration and agreed unanimously with the village forest unit. Top

Article 11. Official Approvals of the Protection Forests and the Protection Forestry Lands
   The protection forests and the protection forestry lands which are verified as provide for in Article 10 of this decree must be approved officially as follows:

  1. The protection forest and land at the national level which possess the boundaries and superficies more than 50,000 (fifty thousand) hectares and may cover on several provinces, cities must be approved officially by the National Assembly upon the request by the Government.

   In case that, the protection forests and the protection forestry land at the national level possessing the superficies less than 50,000 (fifty thousand) hectares but may cover several provinces and the cities, or is in a province or city, it must be approved officially by the standing Committee of the National Assembly upon the request by the Government.

  1. The protection forests and the protection forestry land at the provincial, city level which may have its territory covering several districts must be approved officially by the Government upon the request by the National Land Administration in collaboration and agreed with the Ministry of Agriculture and Forestry.

   In case that, the protection of forest and the protection forestry land at the provincial, city level do not cover several provinces, must be approved officially by the provincial governor, city mayor of that province or city upon the request by the provincial or city land administration in collaboration and agreed with the provincial or city department of agriculture and forestry.

  1. The protection forests and the protection forestry land at the district or Municipality level must be approved officially by the provincial governor or Municipality mayor upon the request by the provincial or city land administration in collaboration and agreed with the provincial or city department of agriculture and forestry;
  2. The protection forests and the protection forestry land at the village level must be approved officially by the district mayor or Municipality mayor upon the request by the district or Municipality land administration in collaboration and agreed with the district or Municipality office of agriculture and forestry. Top

Chapter III
The Activities of the Protection Forests and the Protection Forestry Lands

Article 12. The Activities of the Protection Forests and the protection Forestry Lands
   The management of protection forests and the protection forestry lands is carried out in many activities such as the survey, the planning for the protection forests, the research and experiment, the protection and conservation, the development, the diversion of the protection forest, the use of forestry products, and the patrolling. Top

Article 13. The Survey of the Protection Forests and the Protection Forestry Lands
   The survey of the protection forests and the protection forestry lands must be conducted as follows:

  1. To collected data, assess the forest status, coverage rate, the change in the use of forests, tree genetic species, wood volume, tree species for generation, forest products, biodiversity, the area condition, the watershed, the socio-economic condition and the likes.
  2. To identify and determine the boundaries, to place the stakes and zoning the forest areas for protection.
  3. To create the maps on the protection forestry land for use. Top

Article 14. The Planning for the Protection Forest and the Protection Forestry Lands
   The planning for the protection forests and the protection forestry lands is the determination of areas for the protection forests and the protection forestry land by taking into account the data collected from the actual survey. The planning must be carried out in accordance with the basic principles as follows:

  1. Being in the line with the socio-economic development plan, the strategies for national defense, the public security, the forestry strategic plan and the protection forestry land use’s plans;
  2. Ensuring the unity from various concerned organizations in planning for protection of forests and sustainable development of protection forests;
  3. Ensuring the sustainable use of forest products, no impact on the ecology system of forests, the regeneration of the natural trees and forestry produces;
  4. Ensuring the protection and conservation of water resources, the biodiversity, and the environment. Top

Article 15. The Research and Experiment
   State allows individuals, legal entities, and organizations to study, search, conduct experiment technically in the protection forests and protection forestry land in order to explore the new technology and standards such as the new form of forest restoration, the absorption of carbon dioxide (CO2), zoning of traditional tree grains, crop species, natural tree species; the classification of water source, aqua life, wildlife, soil sedimentation, and other typical wastes, and the likes in according to the principles. Top

Article 16. The Protection and Conversation
   The protection and conservation of the protection forest and the protection forestry lands are the protection and conservation of watershed, soil erosion and soil quality, the areas for national defense, natural catastrophe, environment and etc. the planning and determination of measures are to protect and prevent the every event could be occurred or are occurring that causing soil erosion in the protection forestry land, deterioration of soil quality, the change of eco systems in the wetland areas, lack of water sources, the negative impact to the national strategic defenses and environment.
   The protection forest which is under administration of a village is classified into three types such as the village protection forest consist of stream origin forests, river banks forests, road side forests. The village conservation forests consist of secret forests, cemeteries and production forests. However, there are empty lands which allocated as production areas. Top

Article 17. The Use of Forests, Forestry products, and Forestry Land
   The use of forests and forestry products in the management areas for the use of protection forest is particularly authorized for the non-prohibited trees and forestry products, the collection of NTFP, medicinal crops and plants, the trees for traditional family use. However, the implementation must be made in accordance with the allocation plans and procedures related to the protection forest and the protection forestry land in consistent with the forestry law and regulations to prevent the negative impact for the forest structures.
   The use of land within the management areas for the use of protection forests in particularly authorized for natural tourism, rest and recuperation in the allocated areas. Top

Article 18. The Development and restoration of production Forests and the Protection Forestry Lands
   The development of the protection forest is all activities for improving the forest and the forestry land in degraded protection forests by applying the rehabilitating the degraded forestry areas, fallow land, barren forestry land, by using the natural methods of restoration, additional tree planting, soil fertilities restoration after excavation, trees and crops planting to cover the soil surfaces by using of traditional tree species include the NTFP, and introducing the scientific technical standards propitious to the use in the protection forests and the protection forestry lands, in order to increase the rich condition, the high value to the protection forest; and to make the equilibrium to the forestry ecological system. Top

Article 19. The Change of the Protection Forest and the Protection Forestry Lands
   In the case that there is necessary to change the protection forests and the protection forestry lands to other purpose for the ultimate benefits to the country, the following principles must be taken:

  1. The change of the protection forests at the national and provincial levels must be approved by the Sanding Committee of the National Assembly upon the request by the Government;
  2. The change of the protection forests at district, municipality levels must be approved by the Government upon the request by the National Land Administration in agreement with the Ministry of Agriculture and Forestry;
  3. The change of the protection forests at village level must be approved by the Provincial or City Administrations upon the request by the Provincial or City Land Administrations in agreement with the Provincial or City Department of the Agriculture and Forestry. Top

Article 20. The Patrolling 
   The administration organizations for the protection forest and protection forestry lands have the duty to organize the patrolling the protection forest areas in order to prevent the destruction of the protection forests and the protection forestry lands such as: the slash-and-burn cultivation, the illegal logging, the clearance of the protection forestry land, the hunting, the selling of wildlife animals and other similar activities that violates the laws and regulations. In case of necessity, a checkpoint must be set up within the protection forestry area. Top

Chapter IV
Administration of the Protection Forests and Protection Forestry Lands

Article 21. The Administration of Protection Forests and the Protection Forestry lands
   The Ministry of Agriculture and Forestry is delegated and takes the leadership role in coordinating with relevant sectors and the local administrations to organize the special units to be responsible for the protection forests and protection forestry land in each province. A special unit shall comprise of 20 members and be equipped with necessary tools, equipment, vehicles, and budgets to carry out its functions and duties, and people participation shall be considered as main force for carrying out the activities. Top

Article 22. The levels of the Administration of the Protection Forests and the Protection Forestry Lands
   The Ministry of Agriculture and Forestry takes the leadership role in coordinating with relevant sectors and the local administrations in administration of the protection forests and protection forestry lands at the national level;
   The Provincial, City Departments of Agriculture and Forestry takes the leadership role in coordinating with relevant sectors and the local administrations in administration of the protection forests and protection forestry lands at the provincial and city level;
   The District or Municipality Offices of Agriculture and Forestry takes the leadership role in coordinating with relevant sectors and the local administrations in administration of the protection forests and protection forestry lands at the district level;
   The Village Forestry Units takes the leadership role in coordinating with relevant sectors and the village administration committees and village mass organizations in administration of the protection forests and protection forestry lands at the village level. Top

Article 23. The Administrative Organizations for the Protection Forests and the Protection Forestry Lands
   The Government administrates the protection forests and the protection forestry lands centrally and unity throughout the nation by delegated this power of the Ministry of Agriculture and Forestry to take the leadership role in coordination and cooperation with the National Land Administration, The Water Resources and Environment Administration , the Ministry of Energy and Mines, the Ministry of Civil Works and Transportation, the National Tourism Administration, the local administrations, and other relevant sectors.
   The administrative organizations for the protection forests and the protection forestry lands compose of:

  1. The Ministry of Agriculture and Forestry as the chief Administrator;
  2. The Provincial or City Departments of Agriculture and Forestry;
  3. The District or Municipality Offices of Agriculture and Forestry;
  4. The Village Forestry Units. Top

Article 24. The Rights and Duties of the ministry of Agriculture and Forestry
   The Ministry of Agriculture and forestry delegates and assigns to the Department of Forestry to implement the administration of the protection forests and the protection forestry lands, which the following rights and duties to:

  1. Propagate and interpret the directions, policies, strategic plans, programs, laws and regulations as well as the international conventions which the Lao PDR is the party to into the detailed programs, plans and projects on the protection and development of the protection forests and protection forestry lands nationwide;
  2. Define the principles, issue the instructions, directives, order, guidelines in the line with the laws and regulations;
  3. Disseminate, supervise, monitor, follow up, inspect the implementation of laws and regulations related to the protection forests and the protection forestry lands and provisions of the relevant international conventions which the Lao PDR is the Party to;
  4. Research the scientific technologies about protection forests; create the networks for statistics and information center, improving and upgrading the technical of protection forests and protection forestry lands;
  5. Coordinate with relevant sectors to implement the activities about protection forests and protection forestry land such as the survey, the management planning, and permission to use;
  6. Contact and cooperate with abroad about the activities of the protection forests and the protection forestry lands;
  7. Make the reports on the implementation about the protection forests and the protection forestry lands nationwide on regular basic to the government;
  8. Perform other rights and duties as described in the laws and regulations. Top

Article 25. The Rights and Duties of the Provincial or City Departments of the Agriculture and Forestry
   The provincial or city departments of the agriculture and forestry delegated and assign the divisions for the protection forests and the protection forestry lands to administrate and protect the protection forests and the protection forestry lands which have the following rights and duties to:

  1. Incorporate the policies, strategies, directions and regulations related to the administration and the protection of the protect forests and the protection forestry lands in to their works under their functions and responsibility;
  2. Disseminate laws and regulations, coordinate and cooperate with others sectors in implementing the provisions of the international conventions related to the protection forest and the protection forestry lands;
  3. Supervise, encourage, monitor and evaluate the implementations of the district or municipality offices of agriculture and forestry;
  4. Review and make the comments on the proposal on permission to use the protection forests and protection forestry lands propose to the Ministry of Agriculture and Forestry for consideration;
  5. Coordination with the relevant sectors to implementing the activities of the protection forest and the protection forestry lands management such as: the survey, determination, permission to use;
  6. Report the implementations of the protection forest and the protection forestry land activities in the Provinces, Cities regularly to the Ministry of Agriculture and Forestry and the Provincial, City Departments;
  7. Perform other rights and duties as described in the laws and regulations. Top

Article 26. The Rights and Duties of the District or Municipality Offices of the Agriculture and Forestry
   In administration of the protection forests and protection forestry lands, the District or Municipality Offices of Agriculture and Forestry have the following rights and duties to:

  1. Implement of the plan, programs, projects, agreements, directions, orders, directives, notices and the guidelines on the protection forest and protection forestry land;
  2. Propagate about laws and regulations related to the forestry;
  3. Supervise, encourage, monitor and evaluate the implementations of the village forestry units particularly the conservation and development of the protection forests and the protection forestry lands;
  4. Encourage the local people in the village level to protect and develop the protection forests and protection forestry lands;
  5. Report the implementations about forestry work in the district, municipality to the Provincial, City Departments of Agriculture and Forestry regularly;
  6. Perform other rights and duties as described in the laws and regulations. Top

Article 27. The Rights and Duties of the Village Forestry Units
   In administration of the protection forests and protection forestry lands, the Village Forestry Units have the following rights and duties to:

  1. Study and request to the village administration committee to issue the village regulation on the use of forests, protection forests and protection forestry lands of its village which shall be in the line with the law on forestry;
  2. Dissemination the knowledge, regulations on forests, particularly the importance and benefits of the forests, forests lands, protection forests and protection forestry lands, water resources, watershed areas and the environment to the villagers;
  3. Implementing the decrees, directions, guidelines, agreements and regulations about forestry;
  4. Organize the villagers to manage, conserve the protection forests, the village conservation forest and prevent the wild-fire; Formulate and make plans the development such as: the restoration, planting, forest extent, reservation of mother trees, seed orchard, seed showing, and the use of forest and forest products in manners that ensure the workable sustainable use in the village;
  5. Monitor, follow up the status of changing condition of forest, environment and activities of forest work in the village boundary and report to the district or municipality offices of agriculture and forestry;
  6. Take the active role to monitor, prevent and combat immediately the illegal activities impact on the protection forest, forest products and the environment such: illegal logging, forest burn and the act to destroy the forest;
  7. Report the implementation of forest works in the village to the district or municipality offices of agriculture and forestry regularly;
  8. Perform other rights and duties as described in the laws and regulations. Top

Chapter V
Benefits and Obligations of the Users of the Protection Forests and Lands

Article 28. Benefits Gained from the Protection Forests and the Protection Forestry Lands
   The protection forest and protection forestry land can provide direct and indirect benefits to the livelihood of the people the socio-economic development and the environment protection, particularly, the protection of the watershed, the water sources for use, hydro-electric power, irrigations, and agriculture; it also conserves the co-system, and biodiversity for study and research; it can help to maintain the quality of the land, prevent the soil erosions, prevent the natural disasters; it also is the strategic points for national defense-public security, the eco-tourism, historic  and cultural sites and the likes. Top

Article 29. Obligations for the Protection Forest and Protection Forestry Land
   Any individual, legal entity and organizations that directly or indirectly permitted to use the protection forests and forestry lands must have the obligations as follows:

  1. To follow the policies, laws and regulations related to the protection forests;
  2. Ro plant, restore, and develop the protection forests enriching the forests forever;
  3. To protect and conserve the environment, the watersheds, the water resources, the forest products, the aqua and wildlife;
  4. In the case of mining, road construction, hydro-electric power construction, the building of water reservoir, tourism activities or other development the projects, the developers must contribute the funds for the management, the protection, the conservation of the protection forest; and maintain the environment in the area;
  5. To pay the loyal fees on forestry resources, charges and duties as state in the laws and regulations;
  6. To raise the funds from both domestic and international sources into the forestry and Forestry Resource Development Funds;
  7. To coordinate and cooperate with other concerned sectors;
  8. To take part in and take the ownership role in protection and prevention the deforestations, illegal logging, illegal collection of forestry products, illegal hunting of aqua and wildlife, prevention of wild fire in the protection forestry areas;
  9. To perform other obligations as provide for in the laws and regulations. Top

Chapter VI
Funds and Obligations in management, Conservation, and Development of Protection Forests and Protection Forestry lands

Article 30. Source of funds
   The funds for organizations, administration, management, conservations and development of the protection forests and the protection forestry lands are come from the main sources as follows:

  1. Government budget;
  2. Forestry and forest resource development fund in according to the prime minister decree, No.38.PM dated 21 February 2005;
  3. Various sources of funds: the road restoration and maintenance foundation, the environment conservation fund and other national and international funds;
  4. Any relevant project that use the natural resources directly and indirectly;
  5. The contribution by the domestic of foreign individuals, legal entities, collectives, organizations, social organizations, and the international organizations and etc. Top

Article 31. The obligations of the Projects
   The projects, that create the impacts on and have profits from the protection forests and protection forestry lands directly and indirectly, must contribute the funds for the forest and forestry resources development fund as stated in the agreement on the project development which shall be used in the management, maintenance and developments of the protection forests and protection forestry lands as follows:

  1. The project developers in mining must contribute the fund for restoration of surface and landscape, and re-plantation;
  2. The project developers in road construction, the grids, and other deployment projects that change the protection forests and protection forestry lands permanently must contribute funds for restoration and re-plantation based on the actual directly impact areas;
  3. The project developers in the hydroelectric power development projects must contribute the funds of 1% (one percent) of total value of the sale of the electricity per annual;
  4. The entrepreneurs of the eco-tourism business must contribute funds of 1% (one percent) from their annual incomes of that eco-tourism. Top

Chapter VII
Final Provisions

Article 32. Implementation
   The Ministry of Agriculture and Forestry, the National Land Management Authority, and the Local Administration are delegated to implement this Decree strictly.
   All ministries, ministry-equivalents and organizations shall acknowledge and provide the cooperation in the implementation of this Decree effectively. Top

Article 33. Effectiveness
   This Decree enters into force on the date it has signed. Top

The Prime Minister of Lao PDR
Bouasone BOUPHAVANE