THE PRIME MINISTER ------- SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------Hanoi, December 05, 1998 No. 1090/1998/QD-TTg DECISION APPROVING THE INVESTMENT PROJECT FOR CONSTRUCTION OF CAT TIEN NATIONAL PARK THE PRIME MINISTER Pursuant to the Law on Organization of the Government of September 30, 1992; Pursuant to the Regulation on Investment and Construction Management issued together with Decree No.42-CP of July 16, 1996, and Decree No.92-CP of August 23, 1997 of the Government; At the proposals of the Ministry of Agriculture and Rural Development in Official Dispatch No.3444-BNN/KH-TTr of September 24, 1997 and the Ministry of Planning and Investment in Official Dispatch No.6793-BKH/VPTD of October 2, 1998 on the investment project for construction of Cat Tien National Park, DECIDES: Article 1.- To approve the investment project for construction of the expanded Cat Tien National Park on the basis of Cat Tien National Park which was established under Decision No.08-CT of January 13 1992 of the Chairman of the Council of Ministers (now the Prime Minister), with the following contents: 1.Project name: Cat Tien National Park. 2. Investor: The management Board of Cat Tien National Park under the Ministry of Agriculture and Rural Development. 3.Project execution duration: 8 years (from 1997-2005) 4. Geographical location: Cat Tien National Park lies on territories of the following districts: Cat Tien and Bao Loc (Lam Dong province), Tan Phu (Dong Nai province) and Bu Dang (Binh Phuoc province), with the following geographical coordinates: - From 11o 20’ 50’’ to 11o 50� 20’’ latitudes North - From 107o 9’ 5’’ to 107o 35’ 20’’ longitudes East. 5. Size: Cat Tien National Park has a total land area of 73,878 hectares lying on territories of the following 3 provinces:Dong Nai : 38,100 hectares Lam Dong: 30,635 hectares Binh Phuoc: 5,143 hectares The national park is surrounded by a buffer zone of 183,479 hectares lying on territories of the 4 provinces of Dong Nai, Lam Dong, Binh Phuoc and Dac Lac. The buffer zone is inhabited by 139,344 people in 29,631 households directly managed by such localities. Invested in the buffer zone shall be the forest protection and rural development project financed by the World Bank loans, under Decision No.963/TTg of August 27, 1997 of the Prime Minister approving such project and the capital borrowing agreement signed on November 8, 1997 between Vietnam and the World Bank. 6. Project objectives. - To protect the existing tropical rain forests with high biodiversity. - To protect and develop species of Javanese rhino and Siamese crocodile and the local fauna and flora which are in danger of extinction. - To protect the Tri An hydroelectric power system. - To contribute to making people aware, through propaganda and education, of the material values and biodiversity of the project area, so that they shall voluntarily take part in the strict protection of the existing forest types in the region as well as the tropical forest ecological environment; to put a definite end to the illegal hunting of animals and exploitation of forests in the project area. - To set up an effective research program and managerial system and protect the habitat of wild animals. - To create conditions for improving the living conditions of people in the project area. 7. Functional sub-areas: a) Restricted sub-areas with strict protection: covering an area 68,837 hectares, which include: - The northern strict protection sub-area (Cat Loc) lying on western Cat Tien district and a part of Loc Bac commune, Bao Loc district, Lam Dong province, with the acreage of 30,635 hectares. - The southern strict protection sub-area: encompassing most of line former Nam Cat Tien National Park in Tan Phu district, Doug Nai province, with the acreage of 38,202 hectares. b) The ecosystem restoration sub-area: 5,382 hectares. c) The administrative and service sub-area: lying on the left bank of Dong Nai river opposite to Ben Cu, with the acreage of 100 hectares. Built here shall be working offices, laboratories, houses for preservation of animal and plant specimens, guest houses, employee’ domiciles, parking lot and other service facilities. 8. Investment contents which cover the following programs: - The management and protection program; - The ecosystem restoration program; - The scientific research program; - The infrastructure construction program; - The propaganda and education program; - The tourist program. 9. The total investment capital: VND98,122 million (converted at the new exchange rate). Of which capital allocated under Decision No.460/TTg of June 30, 1997 of the Prime Minister approving the Cat Tien National Park project is US$6,975,847 (roughly VND89,436 million). The additional capital to ensure all operation objectives of the national park is VND8,700 million (of which VND2,700 million shall be mobilized by the national park itself). 10. Capital sources. - The State budget shall allocate VND13,301 million (including the reciprocal capital of the project financed by the Dutch government’s aids). - The aids from the Dutch government: VND82,000 million (converted from US$6,300,319). - The capital additionally mobilized by the national park itself and acquired through joint ventures or cooperation with other economic organizations: VND2,821 million (largely for tourism). To assign the Ministry of Agriculture and Rural Development to approve the total estimates, determine the investment structure within the above-said total investment capital of the project and direct the investor in the execution. 11. Execution mode: The ecological-forestrial work(s) shall be executed according to the self-help regime. Other works shall be subject to bidding according to the current regulations. The works and equipment related to the project financed by the Dutch government’s aids shall be subject to the Prime Minister’s decisions and the agreement signed between the Dutch and Vietnamese governments. Article 2.- Organizing the management and construction of Cat Tien National Park. To assign the Ministry of Agriculture and Rural Development to coordinate and consult the Government Commission for Organization and Personnel in deciding the Park’s total payroll, depending on its operation tasks. In the course of executing the project financed by the Dutch government’s aids, the National Park shall have to appoint its officials to working posts according to the project’s requirements. Article 3.- The Ministry of Agriculture and Rural Development shall coordinate with the People’s Committees of Dong Nai, Lam Dong, Binh Phuoc and Dac Lac provinces in taking measures to protect all types of forests, ecosystems, precious and rare animal and plant species, water resources, landscape and environment of the National Park in strict accordance with law and the Park’s regulation. Article 4.- This Decision takes effect 15 days after its signing. Article 5.- The ministers of Agriculture and Rural Development; Planning and Investment; Finance; Science, Technology and Environment; Construction; Defense; the General Director of Land Administration, the presidents of the People’s Committees of Dong Nai, Lam Dong, Binh Phuoc and Dac Lac provinces and the heads of the concerned agencies shall have to implement this Decision. FOR THE PRIME MINISTER DEPUTY PRIME MINISTER Nguyen Tan Dung