THEPRESIDENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 13/2017/L-CTN | | Hanoi, November 29, 2017 |
ORDER
On the promulgation of law
THE PRESIDENT OF
THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 80 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law on Forestry,
which was passed on November 15, 2017, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 4thsession.
President of the Socialist Republic of Vietnam
TRAN DAI QUANG
THE NATIONALASSEMBLY No. 16/2017/QH14 | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
|
LAW ON FORESTRY
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Forestry.
Chapter I
GENERAL PROVISIONS
Article 1.Scope of regulation
This Law prescribes the management, protection, development and utilization of forests; and the processing and trade of forest products.
Article 2.Interpretation of terms
In this Law, the terms below are construed as follows:
1.Forestryis an economic-technical sector covering the management, protection, development and utilization of forests; and processing and trade of forest products.
2.Forestry activitiesinclude one activity or more activities in the management, protection, development and utilization of forests; and processing and trade of forest products.
3.Forestis an ecological system consisting of species of forest flora and fauna, fungi, microorganisms, forestland and other environmental factors, with the main component being one or some species of timber trees, bamboo trees and trees in the palm family reaching certain heights depending on whether they belong to the flora growing on earthen mountains, rocky mountains, wetland or sandy land or other typical flora, on a land area of 0.3 hectare or more with a canopy cover of 0.1 or more.
4.Canopy covermeans the degree of vertical projection of forest tree crowns per unit of forestland area, which is expressed in decimal.
5.Forest coverage ratemeans the percentage between the forest area and the total natural land area in a certain geographical area.
6.Natural forestmeans a forest which exists in nature or is restored naturally or naturally with additional planting.
7.Planted forestmeans a forest established by artificial planting on unforested land; by rehabiliating a natural forest; re-planting or regenerating a planted forest after being harvested.
8.Belief forestmeans a forest associated with traditional beliefs, customs or practices of a forest-dependent population community.
9.Forest ownermeans an organization, a household, an individual or a population community that is allocated or leased a forest by the State; that is allocated or leased land by the State for afforestation; that restores and develops a forest on their own; or that is transferred or donated or inherits a forest in accordance with law.
10.Ownership of planted production forestincludes a forest owner’s rights to possess, utilize and dispose of planted trees, raised animals and other assets associated with the forest in which the forest owner has invested during the term of allocation or lease of such forest.
11.Forest use rightsinclude a forest owner’s rights to exploit the utilities of, and enjoy yields and profits from, his/her/its forest.
12.Forest valuemeans the aggregate of the values of components that make up the forest ecosystem and forest environment values at a given point of time and in a given forest area.
13.Forest use rights valuemeans the total monetary value of forest use rights at a given point of time and in a given forest area.
14.Endangered, precious and rare species of forest plants and animalsmeans species of forest plants and animals with special economic, scientific, medical, ecological, scenic or environmental values, which exist in small quantities in the nature or are threatened with extinction.
15.Specimens of species of forest plants and animalsmeans forest plants and animals, alive or dead, and their eggs, larvae, parts or derivatives.
16.Forest productsmeans products harvested from forests, including forest plants and animals and other forest organisms, including also timber, non-timber forest products and processed timber, rattan and bamboo products.
17.Forest product dossiermeans documents on forest products preserved at a forest product production or trading establishment and accompanying forest products in the course of harvest, trading, import, export, transportation, processing and storage.
18.Legal timbermeans timber and timber products that are harvested, traded or produced in accordance with Vietnamese law.
19.Sustainable forest managementmeans a method of forest administration to ensure achievement of the forest protection and development objectives which does not reduce but helps increase forest values, improve people’s livelihoods, protect the environment, and contribute to firmly preserving national defense and security.
20.Certificate of sustainable forest managementmeans a document acknowledging that a certain forest area meets the criteria of sustainable forest management.
21.Forest lease by the Statemeans the State’s decision to assign through a forest lease contract forest use rights to an organization, a household or an individual that wishes to use forests.
22.Lease of forest environmentmeans the agreement between an organization or individual and a forest owner on the former’s use of the forest environment for a given period of time through a forest environment lease contract in accordance with law.
23.Forest environment servicemeans the provision of use values of forest environment.
24.Population communitymeans a Vietnamese community living in the same hamlet, village, street quarter or similar urban residential unit sharing customs and practices.
25.Buffer zonemeans the forest area, land area or water-surface area bordering a special-use forest that has the effect of preventing or mitigating negative impacts on the special-use forest.
26.Strictly protected sub-zone of a special-use forestmeans the area in a national park, nature reserve or species-habitat reserve which is protected in its original state.
27.Ecological restoration sub-zone of a special-use forestmeans the area in a national park, nature reserve or species-habitat reserve which is strictly managed and protected for restoring natural ecosystems in the forest.
28.Service and administrative sub-zone of a special-use forestmeans the area in a national park, nature reserve or species-habitat reserve where regular activities of the special-use forest management board, research and experimentation and/or tourism, resort and recreation establishments are carried out in combination with building service management facilities.
29.Closure of a natural forestmeans the suspension of the harvest of timber in a natural forest for a given period of time under a decision of a competent state agency.
30.Re-opening of a natural forestmeans the permission for resumption of the harvest of timber in a natural forest under a decision of a competent state agency.
31.Forest degenerationmeans the degeneration of the ecosystem of a forest, resulting in the reduction of its functions.
Article 3.Principles of forestry activities
1. Forests shall be managed sustainably in terms of area and quality, ensuring harmony of the objectives of socio-economic development, national defense and security, biodiversitry conservation, forest coverage rate and forest environment service value increase and climate change response.
2. Social resources shall be mobilized for forestry activities, ensuring harmony between the interests of the State and interests of forest owners as well as organizations and individuals engaged in forestry activities.
3. The organization of chain-based links from forest protection, development and utilization to forest product processing and trade shall be ensured in order to enhance forest values.
4. Publicity, transparency and involvement of related organizations, households, individuals and population communities in forestry activities shall be ensured.
5. Forestry-related treaties to which the Socialist Republic of Vietnam is a contracting party shall be complied with; in case such a treaty contains provisions different from those of this Law or governing an issue not yet regulated by any Vietnamese legal document, the provisions of such treaty prevail.
Article 4.The State’s policies on forestry
1. The State shall adopt policies on investment in and mobilization of social resources for forestry activities which are associated and synchronous with policies on socio-economic development, national defense and security.
2. The State shall ensure resources for the management, protection and development of special-use forests and protection forests.
3. The State shall protect lawful rights and interests of organizations, households, individuals and population communities involved in forestry activities.
4. The State shall organize and support the management, protection and development of production forests, forest tree seedlings, forest restoration and afforestation; research and application of sciences and high, advanced and new technologies; human resources training; provision of forest environment services; planting of large-timber forests, transformation of small-timber planted forests into large-timber ones; infrastructure facilities; sustainable forest management; forest product processing and trade; and international cooperation on forestry.
5. The State shall encourage combined agro-forestry and fishery production; organic forestry production; and insurance for planted production forests.
6. The State shall ensure that forest-dependent ethnic minority people and population communities be allocated forests together with land for combined agro-forestry and fishery production; cooperate and associate with forest owners in protecting and developing forests and sharing benefits from forests; and practice their forest-related culture and beliefs under the Government’s regulations.
Article 5.Forest classification
1. Based on their major use purposes, natural forests and planted forests are classified into three following types:
a/ Special-use forest;
b/ Protection forest;
c/ Production forest.
2. Special-use forests shall be used mainly for conservation of ecosystems of natural forests and forest biological genetic resources and for scientific research and conservation of historical and cultural relics, beliefs and scenic places in combination with eco-tourism, resort and recreation, excluding strictly protected sub-zones of special-use forests; and for provision of forest environment services. Special-use forests include:
a/ National parks;
b/ Nature reserves;
c/ Species-habitat reserves;
d/ Landscape protection zones, including forests for conservation of historical or cultural relics and scenic places; belief forests; forests for environmental protection in urban centers, industrial parks, export-processing zones, economic zones and hi-tech parks;
dd/ Scientific research and experimentation forests; national botanical forests; national seedling forests.
3. Protection forests shall be used mainly for protection of water resources and land, prevention of erosion, landslide, sweeping and flash floods, and desertification, natural disaster mitigation and climate regulation, contributing to environmental protection and national defense and security safeguarding in combination with eco-tourism, resort and recreation; and for provision of forest environment services. Protection forests shall be classified by level of importance, including:
a/ Watershed protection forests; forests for protection of water resources of population communities; border protection forests.
b/ Wind- and sand-shielding protection forests; tidal wave-shielding forests and sea encroachment-preventing forests.
4. Production forests shall be used mainly for supply of forest products; combined agro-forest and fishery production and trading; eco-tourism, resort and recreation; and provision of forest environment services.
5. The Government shall promulgate specific criteria for forest identification and classification and the Regulation on forest management.
6. The Minister of Agriculture and Rural Development shall promulgate specific criteria for determining levels of importance of protection forests.
Article 6.Forest boundary demarcation
1. Forest boundaries shall be demarcated in the field and delineated on maps and are documented in forest management dossiers. Forests shall be demarcated consistently nationwide into forest compartments, sub-compartments and plots.
2. The Minister of Agriculture and Rural Development shall detail this Article.
Article 7.Forest ownership
1. The State is the owner’s representative for forests under all-people ownership, which include:
a/ Natural forests;
b/ Planted forests wholly invested by the State;
c/ Planted forests recovered by the State, donated to the State or with their ownership transferred to the State in accordance with law.
2. Organizations, households, individuals and population communities may own planted production forests which include:
a/ Forests invested by themselves;
b/ Forests transferred, donated or inherited from other forest owners in accordance with law.
Article 8.Forest owners
1. Special-use forest management boards, protection forest management boards.
2. Economic organizations, including enterprises, cooperatives, cooperative unions and other economic entities established and operating in accordance with law, except those referred to in Clause 7 of this Article.
3. People’s armed forces units that are allocated forests (below referred to as armed units).
4. Forestry-related science and technology, training and vocational education institutions.
5. Local households and individuals.
6. Population communities.
7. Foreign-invested enterprises that are leased land by the State for planting production forests.
Article 9.Prohibited acts in forestry activities
1. Illegally cutting, harvesting, encroaching and occupying forests.
2. Illegally bringing wastes, toxic chemicals, explosives, flammables, tools or vehicles into forests; letting cattle and domestic animals graze in strictly protected sub-zones of special-use forests or in newly planted forests.
3. Illegally hunting, catching, trapping, raising, caging, slaughtering, storing, transporting or trading in forest animals; illegally collecting specimens of forest plant and animal species.
4. Illegally destroying forest resources, forest ecosystems or forest protection and development works.
5. Violating the regulations on forest fire prevention and fighting; prevention and control of forest pests; management of invasive species; or forest environment services.
6. Storing, trading in, transporting, processing, advertising, displaying, exporting, importing, temporarily importing for re-export, temporarily exporting for re-import or transiting forest products in contravention of Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party.
7. Illegally harvesting natural resources, exploiting mineral resources and utilizing the forest environment; illegally building works, excavating, digging, embanking, obstructing natural water flows and carrying out other activities that disrupt the natural landscape structure of forest eco-systems.
8. Illegally allocating, leasing, recovering, re-classifying and converting forests; illegally permitting the harvest and transportation of forest products; illegally changing forest areas, transferring, inheriting, donating, mortgaging, or contributing as capital the value of the rights to use forests or the right to own planted production forests; practicing religion-, belief- and gender-based discrimination in the allocation or lease of forests.
9. Illegally using raw materials in processing forest products.
Chapter II
FORESTRY PLANNING
Article 10.Principles of and bases for forestry planning
1. Forestry planning must abide by the principles set forth in the planning law and the following principles:
a/ Comforming with the national master plan, national land use master plan, national forestry development strategy and national biodiversity strategy;
b/ Ensuring sustainable forest management; harvesting and utilizing forests in combination with conserving natural resources and enhancing economic, cultural and historical values of forests; protecting the environment, responding to climate change and improving the people’s livelihoods;
c/ Including natural forests in the master plans on special-use forests, protection forests and production forests;
d/ Ensuring the involvement of agencies, organizations, households, individuals and population communities; ensuring publicity, transparency and gender equity;
dd/ Ensuring the conformity of forestry-related contents in provincial-level master plans with the national forestry master plan.
2. Forestry planning shall be based on the grounds prescribed by the planning law and the following grounds:
a/ National forestry planning shall be based on the national master plan, national land use master plan and national forestry development strategy;
b/ Forestry-related contents in provincial-level master plans shall be based on the national forestry master plan;
c/ Natural and socio-economic conditions, and national or local resources.
Article 11.Forestry planning periods and contents
1. The period of a national forestry master plan is 10 years, with a vision toward 30 years to 50 years.
2. The contents of a forestry master plan must comply with the planning law and include:
a/ Collecting, analyzing and assessing data on natural, socio-economic conditions, actual status of forest resources; relevant development policies, orientations and master plans; assessing resources for development and issues to be addressed;
b/ Evaluating the implementation of the previous period’s forestry master plan in terms of forest management, protection and development; forest product processing and trade; investment, science and technology, and labor;
c/ Forcasting the demand and markets for forest products and forest environment services, climate change impacts, and scientific-technical and technological advances that can be applied to forestry;
d/ Studying the sector’s background and linkages; identifying socio-economic development requirements with regard to the sector;
dd/ Identifying forestry development viewpoints and objectives;
e/ Orientations for sustainable development of special-use forests, protection forests and production forests;
g/ Orientations for forestry infrastructure development;
h/ Orientations for development of markets, raw-material areas and forest product processing;
i/ Solutions and resources for organizing the implementation of the master plan.
Article 12.Formulation, consultation on, appraisal, approval and adjustment of the national forest master plan
1. The responsibility for organizing the formulation of the national forestry master plan is as follows:
a/ The Ministry of Agriculture and Rural Development shall organize the formulation of the national forestry master plan;
b/ Ministries, ministerial-level agencies and provincial-level People’s Committees shall coordinate with the Ministry of Agriculture and Rural Development in formulating the national forestry master plan.
2. Consultation on the national forestry master plan shall be carried out as follows:
a/ The Ministry of Agriculture and Rural Development shall organize the consultation to collect opinions from related state agencies, organizations, households, individuals and population communities; summarize, assimilate and respond to contributed opinions on the national forestry master plan;
b/ The consultation on the national forestry master plan shall be carried out via portals and in the mass media; circulating the master plan for written opinions; and holding consultation conferences and workshops;
c/ Consultation shall be carried out within 60 days after a competent state agency decides to organize the consultation.
3. The appraisal of the national forestry master plan is prescribed as follows:
a/ The Prime Minister shall form an appraisal council for the national forestry master plan;
b/ The Ministry of Agriculture and Rural Development shall act as the standing body of the appraisal council;
c/ The appraisal council shall perform the appraisal and send the appraisal result to the Ministry of Agriculture and Rural Development. The Ministry of Agriculture and Rural Development shall assimilate and respond to appraisal opinions;
d/ The appraisal of the national forestry master plan will focus on conformity with the national master plan, national forestry development strategy and national land use master plan; practice, resources, demand and capability to utilize forests meeting the sustainable development requirements; socio-economic and environmental benefits; and feasibility of the master plan.
4. The Prime Minister shall approve the national forestry master plan submitted by the Minister of Agriculture and Rural Development .
5. The adjustment of the national forestry master plan is prescribed as follows:
a/ The national forestry master plan shall be adjusted upon changes in the national master plan, national forestry development strategy or national land use master plan which result in major changes in the contents of a forestry master plan prescribed in Clause 2, Article 11 of this Law;
b/ The appraisal and approval of adjustments to the national forestry master plan must comply with Clauses 3 and 4 of this Article.
6. The formulation, consultation on, appraisal, approval and adjustment of the national forestry master plan must comply with this Law and the planning law.
Article 13.Forestry planning consultancy organizations
1. Forestry planning organizations shall select consultancy organizations for forestry planning in accordance with the bidding law.
2. Forestry planning consultancy organizations must have the legal person status and satisfy requirements on professional capacity suitable to the consultancy work they will perform under the Government’s regulations.
Chapter III
FOREST MANAGEMENT
Section 1
FOREST ALLOCATION, FOREST LEASE, FOREST RE-CLASSIFICATION, FOREST CONVERSION AND FOREST RECOVERY
Article 14.Principles of forest allocation, forest lease, forest conversion and forest recovery
1. Conforming with the national forest master plan and the land use master plan; and suiting existing local land areas.
2. Refraining from converting natural forests to other uses, except national important projects; projects serving national defense or security; or other urgent projects approved by the Government.
3. Refraining from allocating or leasing disputed forest areas.
4. Forest owners may not lease natural forests or planted forests invested by the State to other organizations, households and individuals.
5. Ensuring consistency and synchrony with land allocation, land lease, change of land use purpose and land recovery.
6. Forest allocation or lease terms and limits must match land allocation or lease terms and limits.
7. Ensuring publicity, transparency and involvement of local people, regardless of their religion, belief and gender, in forest allocation and lease.
8. Respecting the living space, customs and practices of population communities; prioritizing forest allocation to ethnic minority people, households, individuals and population communities with forest-connected customs, practices, culture, beliefs and traditions, and having village conventions conformable witth law.
Article 15.Bases for forest allocation, forest lease and forest conversion
1. The plan on forest allocation, forest lease or forest conversion of the district-level People’s Committee approved by the provincial-level People’s Committee; the district-level annual land use plan approved by a competen state agency.
2. The forest area and land area planned for afforestation.
3. The forest use demand stated in the investment project, for organizations; or the request for forest allocation, lease or conversion, for households, individuals and population communities.
4. The sustainable forest management capacity of the organization, household, individual or population community concerned.
Article 16.Allocation of forests
1. The State shall allocate special-use forests without forest use levy to:
a/ Special-use forest management boards, for national parks; nature reserves; species-habitat reserves; landscape protection zones including forests for conservation of historical and cultural relics and scenic places, forests for environmental protection in urban centers, industrial parks, export-processing zones, economic zones or hi-tech parks; national seedling forests; and national botanic gardens;
b/ Forestry-related science and technology institutions and training and vocational education establishments, for scientific research and experimentation forests and national botanic gardens;
c/ Protection forest management boards, economic organizations and armed units, for landscape protection zones including forests for conservation of historical and cultural relics and scenic places, forests for environmental protection in urban centers, industrial parks, export-processing zones, economic zones or hi-tech parks located within allocated forest areas;
d/ Population communities, for belief forests they are currently managing and using according to their tradition;
dd/ Domestic economic organizations and forestry-related science and technology institutions and training and vocational education establishments, for national seedling forests located within allocated forest areas.
2. The State shall allocate protection forests without forest use levy to:
a/ Protection forest management boards and armed units, for watershed protection forests or border protection forests; wind- and sand-shielding protection forests; and tidal wave-shielding or sea encroachment-preventing protection forests;
b/ Economic organizations, for protection forests located within production forest areas of these organizations;
c/ Households and individuals lawfully residing in commune-level localities where exist protection forests, for watershed protection forests; wind- and sand-shielding protection forests; and tidal wave-shielding or sea encroachment-preventing protection forests;
d/ Population communities lawfully living in commune-level localities where exist protection forests, for watershed protection forests; wind- and sand-shielding protection forests; tidal wave-shielding or sea encroachment-preventing protection forests; and forests for protection of water resources of such communities.
3. The State shall allocate production forests without forest use levy to:
a/ Households, individuals and population communities living lawfully in commune-level localities where exist production forests; and armed units;
b/ Special-use forest management boards or protection forest management boards, for production forests located within special-use forest or protection forest areas allocated to such management boards.
Article 17.Lease of production forests
The State shall lease to economic organizations, households and individuals natural protection forests and planted production forests with one-off or annual rental payment for forestry production; combined agro-forestry and fishery production; or eco-tourism, resort and recreation business.
Article 18.Re-classification of forests
1. Re-classification of forests must satisfy the following conditions:
a/ Conforming with the forestry master plan;
b/ Satisfying the forest classification criteria;
c/ Having a forest re-classification plan.
2. The competence to re-classify forests is as follows:
a/ The Prime Minister may decide to re-classify forests established by the Prime Minister at the proposal of the Minister of Agriculture and Rural Development;
b/ Provincial-level People’s Committee chairpersons may decide to re-classify forests other than those specified at Point a of this Clause after provincial-level People’s Councils decide on the policy on re-classification of forests.
Article 19.Conditions for conversion of forests
1. Conforming with the national forestry master plan; the land use master plan and plan.
2. Being approved under a policy of a competent state agency.
3. Having an investment project decided by a competent state agency.
4. Having a plan on planting of replacement forests approved by a competent state agency or having fulfilled the obligation to pay for planting of replacement forests.
Article 20.Competence to decide on the policy on conversion of forests
1. The National Assembly shall decide on the policy to convert special-use forests, watershed protection forests and border protection forests of 50 hectares or larger; wind- or sand-shielding protection forests and tidal wave-shielding or sea encroachment-preventing protection forests of 500 hectares or larger; and production forests of 1,000 hectares or larger.
2. The Prime Minister shall decide on the policy to convert special-use forests of under 50 hectares; watershed protection forests and border protection forests of between 20 hectares and under 50 hectares; wind- or sand-shielding protection forests and tidal wave-shielding or sea encroachment-preventing protection forests of between 20 hectares and under 500 hectares; and production forests of between 50 hectares and under 1,000 hectares.
3. Provincial-level People’s Councils shall decide on the policy to convert special-use forests, watershed protection forests, border protection forests, wind- or sand-shielding protection forests and tidal wave-shielding or sea encroachment-preventing protection forests of under 20 hectares; production forests of under 50 hectares; and forests for protection of water resources of population communities.
Article 21.Planting of replacement forests upon conversion of forests
1. A project owner that is allocated or leased land and converts a forest shall plant a replacement forest with an area equal to the area of the planted forest converted or equal to three times the area of the natural forest converted.
2. The project owner mentioned in Clause 1 of this Article that wishes to plant by itself a replacement forest shall prepare a plan on planting of replacement forest and submit it to the provincial-level People’s Committee for approval. If the project owner fails to plant a replacement forest by itself, it/he/she shall pay a sum of money into the provincial-level forest protection and development fund.
3. The sum of money to be paid into the provincial-level forest protection and development fund shall be calculated by multiplying the area of replacement forest to be planted by the unit price per hectare of planted forest as decided by the provincial-level People’s Committee; the provincial-level People’s Committee shall decide on how to use the sum of money already paid into the provincial-level forest protection and development fund for planting replacement forests in its locality.
4. In case the provincial-level People’s Committee cannot arrange or sufficiently arrange a land area for planting a replacement forest within 12 months from the time the project owner fulfills its obligation to pay a sum of money into the provincial-level forest protection and development fund, it/he/she shall transfer such sum of money to the Vietnam Forest Protection and Development Fund for planting replacement forests in another locality.
5. The Minister of Agriculture and Rural Development shall prescribe the contents, order, procedures and time limit for planting replacement forests referred to in this Article.
Article 22.Recovery of forests
1. The State shall recover a forest in the following cases:
a/ The forest owner improperly uses the forest, intentionally refuses to fulfill its/his/her obligations toward the State or seriously violates the forestry law;
b/ The forest owner fails to carry out forest protection and development activities for 12 consecutive months after being allocated or leased the forest, except in aforce majeurecircumstance as certified by a competent state agency;
c/ The forest owner voluntarily returns the forest;
d/ The term of forest allocation or lease by the State expires without any extension;
dd/ The forest is allocated or leasedultra viresor to an ineligible subject;
e/ The forest owner being an individual dies without any heir as prescribed by law;
g/ Other cases of recovery of forestland as prescribed in the Land Law.
2. The forest owner shall be entitled to compensation and support in accordance with law when the State recovers the forest for reason of national defense or security, socio-economic development or in the national or public interest or when the forest is allocated or leasedultra vicesor to an improper subject.
Article 23.Competence to allocate, lease, convert and recover forests
1. The competence of the provincial-level People’s Committee is prescribed
as follows:
a/ To allocate, lease, convert and recover forests, with regard to organizations;
b/ To lease land to foreign-invested enterprises in Vietnam for planting production forests.
2. The competence of the district-level People’s Committee is prescribed
as follows:
a/ To allocate, lease, convert and recover forests, with regard to households and individuals;
b/ To allocate, convert and recover forests, with regard to population communities.
3. In case the forest to be recovered involves the organizations, households, individuals and communities referred to at Point a, Clause 1, and in Clause 2, of this Article, the provincial-level People’s Committee shall decide to recover it or authorize the district-level People’s Committee to do so.
4. The Government shall prescribe in detail the allocation, lease, re-classification, conversion, and recovery of forests.
Section 2
ORGANIZATION OF FOREST MANAGEMENT
Article 24.Principles of organization of forest management
1. The State shall allocate or lease forests, organize forest management and protection, and ensure that all forests have their owners.
2. Forest owners shall manage forests in a sustainable manner; and manage, protect, develop and use forests under the regulation on forest management.
Article 25.Competence to establish special-use forests and protection forests
1. The Prime Minister shall decide to establish special-use forests and protection forests of national importance or covering many provinces.
2. Provincial-level People’s Committee chairpersons shall decide to establish special-use forests and protection forests in their localities which do not fall into the case specified in Clause 1 of this Article.
3. The establishment of special-use forests and protection forests must comply with the regulation on forest management.
Article 26.Organization of management of special-use forests and protection forests
1. Organization of management of special-use forests is prescribed as follows:
a/ A special-use forest management board shall be established for a national park, nature reserve, species-habitat reserve or landscape protection zone with a concentrated area of 3,000 hectares or larger.
In case a provincial-level locality accommodates one or more than one nature reserve, species-habitat reserve and/or landscape protection zone each having an area of under 3,000 hectares, a special-use forest management board shall be established in the locality.
b/ An organization that is allocated a forest for scientific reseach and experimentation, a national botanic garden or a national seedling garden shall organize by itself the management of such forest.
2. Organization of management of protection forests is prescribed as follows:
a/ A protection forest management board shall be established for a watershed protection forest or border protection forest having a concentrated area of 5,000 hectares or larger, or a wind- or sand-shielding protection forest or a tidal wave-shielding or sea encroachment-preventing protection forest having an area of 3,000 hectares or larger;
b/ Protection forests not falling into the case specified at Point a of this Clause shall be allocated to economic organizations, households, individuals, population communities or armed units for management.
3. The organization of management of special-use forests and protection forests must comply with the regulation on forest management.
Section 3
SUSTAINABLE FOREST MANAGEMENT
Article 27.Sustainable forest management plans
1. The responsibility to make and implement a sustainable forest management plan is prescribed as follows:
a/ Forest owners being organizations shall make and implement sustainable forest management plans;
b/ Forest owners being households, individuals, population communities or households together with individuals are encouraged to make and implement sustainable forest management plans.
2. A sustainable forest management plan must have the following basic contents:
a/ Assessment of natural, socio-economic, national defense and security conditions; actual status of the forest ecosystem, biodiversity, biological genetic resources, historical and cultural relics and landscapes;
b/ Objectives and scope of sustainable forest management;
c/ Degraded forest areas in functional sub-zones to be restored and conserved;
d/ Forest management, protection, conservation, development and utilization activities;
dd/ Solutions and organization of implementation.
3. For protection forests, a sustainable forest management plan must have the following basic contents:
a/ Assessment of natural, socio-economic, national defense and security conditions; actual status of forest resources;
b/ Objectives and scope of sustainable forest management;
c/ The protection function of the forest;
d/ Forest management, protection, development and utilization activities;
dd/ Solutions and organization of implementation.
4. For production forests, a sustainable forest management plan must have the following basic contents:
a/ Assessment of natural and socio-economic conditions; actual status of forest resources, production and trading results; market impacts on the forest owner’s activities;
b/ Objectives and scope of sustainable forest management;
c/ Forest management, protection, development and utilization and forest product trading activities;
d/ Solutions and organization of implementation.
5. The Minister of Agriculture and Rural Development shall prescribe in detail the contents of a sustainable forest management plan, and the order and procedures for making and approval of sustainable forest management plans.
Article 28.Certificates of sustainable forest management
1. Certificates of sustainable forest management may be granted to forest owners on a volunary basis.
2. Domestic or international certificates of sustainable forest management may be granted to forest owners that have a sustainable forest management plan and satify sustainable forest management criteria.
3. Sustainable forest management assessment and certification organizations in Vietnam shall observe Vietnamese law.
4. The Minister of Agriculture and Rural Development shall prescribe criteria of sustainable forest management.
Section 4
CLOSURE AND RE-OPENING OF NATURAL FORESTS
Article 29.Principles of closure and opening of natural forests
1. Ensuring sustainable forest management and forest resources and biodiversity conservation.
2. Ensuring publicity and transparency.
3. Guaranteeing lawful rights and interests of related parties when closing or opening forests.
Article 30.Cases of closure and re-opening of natural forests
1. A natural forest shall be closed in the following cases:
a/ The forest is destroyed or illegally harvested in a complicated manner, posing a threat of serious depletion of its resources;
b/ The forest is poor and needs to be restored; its biodiversity and protection function are seriously degrading.
2. A natural forest shall be re-opened when the situation referred to in Clause 1 of this Article is remedied.
3. The closure and re-opening of natural forests must comply with the regulation on forest management.
Article 31.Competence, order and procesures for and announcement of decisions on closure or re-opening of natural forests
1. The Prime Minister shall decide to close and re-open natural forests nationwide or in many provinces and centrally run cities.
2. Provincial-level People’s Committee chairpersons shall decide to close and re-open natural forests located in their localities after provincial-level People’s Councils approve natural forest closure or re-opening plans.
3. Decisions on closure or opening of natural forests shall be publicly announced and posted up.
4. The order and procedures for announcing decisions on closure or re-opening of natural forests must comply with the regulation on forest management.
Article 32.Responsibilities of the State when closing natural forests
1. The State shall provide funds for the protection and development of natural production forests in the period of their closure.
2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Finance in submitting to the Prime Minister for consideration and decision supports for owners of natural forests which are closed under decisions of the Prime Minister.
3. Provincial-level People’s Committees shall submit to provincial-level People’s Councils for consideration and decision supports for owners of natural forests which are closed under decisions of provincial-level People’s Committee chairpersons.
Section 5
FOREST SURVEY, INVENTORY, CHANGES MONITORING AND DATABASES
Article 33.Forest survey
1. Forest survey covers the following contents:
a/ Forest survey and classification; grading of the importance of protection forests;
b/ Survey and assessment of the quality and development potential of forests;
c/ Survey and assessment of forest loss and degradation;
d/ Survey and assessment of forest biodiversity;
dd/ Building and maintenance of the forest changes monitoring system;
e/ Assessment of greenhouse gas emission reduction owing to the implementation of measures to limit forest loss and degradation, manage forests sustainably and conserve and increase forest carbon stocks.
2. Organization of forest survey is prescribed as follows:
a/ The Ministry of Agriculture and Rural Development shall conduct national forest surveys and announce their results once every 5 years and according to specialized contents; and direct the organization of provincial-level forest surveys;
b/ Provincial-level People’s Committees shall organize forest surveys in their localities and announce their results.
3. The Minister of Agriculture and Rural Development shall issue detailed regulations on contents of forest survey and prescribe forest survey methods and processes.
Article 34.Forest inventory
1. Forest inventory shall be conducted according to local administration levels by specific forest owners nationwide to determine actual forest areas and deposits and unforested land areas planned for forestry and to adjust and add data to the database on forests and unforested land.
2. Forest inventory covers the following basic contents:
a/ Gathering and processing of information on forest resources;
b/ Inventory of forest areas and deposits of forest plots;
c/ Inventory of forest areas and deposits of forest owners;
d/ Inventory of total forest areas and deposits by administrative level;
dd/ Compilation of forest management dossiers of forest plots, sub-compartments and compartments, forest owners and administrative units;
e/ Announcement of forest inventory results.
3. Forest inventory shall be conducted once every 10 years, coinciding with the time of land inventory.
4. Forest owners shall inventory their forests. Forest inventory by forest owners being organizations shall be subject to inspection by provincial-level specialized forestry agencies; forest inventory by forest owners being households, individuals and population communities shall be subject to inspection by district-level specialized forestry agencies. Forest owners shall fill forest inventory data in prescribed forms and take responsibility for these data.
5. Specialized forestry agencies shall provide technical instructions and assistance as well as inspect and supervise forest inventory; and provide financial support for forest inventory conducted by forest owners being households, individuals and population communities.
6. The Minister of Agriculture and Rural Development shall promulgate detailed regulations on forest inventory contents, and prescribe forest inventory methods and processes.
Article 35.Forest changes monitoring
1. Forest changes monitoring shall be conducted annually to thoroughly grasp the actual areas of forests of all types and unforested land and changes in areas of forests of all types to serve forest management, protection and development.
2. Forest plots will serve as a base unit for monitoring forest changes, which shall be gathered by sub-compartment and compartment of each forest owner and summed up by commune, district and province and for the whole country.
3. The Minister of Agriculture and Rural Development shall detail this Article.
Article 36.Forest databases
1. A forest database is a collection of information and data about forests, which shall be established, updated and maintained to meet the demand for information to serve forest management, protection and development and other management requirements. Forest databases constitute part of the forestry information system.
2. Forest databases include:
a/ Database about legal documents concerning forests;
b/ Database about forest management, protection, development and utilization; conservation of nature, endangered, precious and rare species, and forest-related scientific research;
c/ Database about forest survey, inventory, forest changes and forest-related greenhouse gas emission reduction results.
d/ Other forest-related databases.
3. The Ministry of Agriculture and Rural Development shall organize the establishment and management of forest databases nationwide.
Chapter IV
FOREST PROTECTION
Article 37.Protection of forest ecosystems
State agencies, organizations, households, individuals and population communities that carry out activities directly affecting forest ecosystems or the growth and development of forest organisms shall comply with this Law, the laws on environmental protection, biodiversity, plant protection and quarantine, and animal health, and other relevant laws.
Article 38.Protection of forest plants and animals
1. Endangered, precious and rare species of forest plants and animals shall be listed for appropriate management and protection.
2. The Government shall prescribe the list of and regimes for management and protection of endangered, precious and rare species of forest plants and animals; the order and procedures for harvesting endangered, precious and rare species of forest plants and animals and wild forest animals and plants in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
3. The Minister of Agriculture and Rural Development shall prescribe the order and procedures for harvesting timber, non-timber forest products and forest animals, excluding those referred to in Clause 2 of this Article.
Article 39.Forest fire prevention and fighting
1. Forest owners shall make and implement forest fire prevention and fighting plans and follow the guidance of and submit to inspection by competent state agencies.
2. Persons building a fire in or close to forests to clear off hills and fields to prepare land for afforestation, or to build a fire before the dry season or to use fire for other purposes shall take fire prevention and fighting measures.
3. Organizations, households and individuals that carry out activities or build works in or near forests shall comply with regulations on fire prevention and fighting and take fire prevention and fighting measures required by forest owners.
4. In case of outbreak of a forest fire, forest owners shall promptly extinguish the fire and immediately inform it to related agencies, organizations and individuals; overcome consequences caused by the fire and report it to competent state agencies. Related state agencies, organizations and individuals shall join in extinguishing forest fires in a timely manner.
5. In case a forest fire spreads over a vast area, threatening to cause a catastrophe regarded as a state of emergency, the forest fire fighting must comply with the law on states of emergency.
6. Forest rangers shall assume the prime responsibility for, and coordinate with the fire prevention and fighting, rescue and salvage forces in, guiding forest owners how to prepare forest fire prevention and fighting plans.
7. The Government shall detail this Article.
Article 40.Prevention and elimination of forest pests
1. The prevention and elimination of forest pests; raising or letting animals graze in forests must comply with this Law and the laws on biodiversity, plant protection and quarantine, and animal health.
2. Forest owners shall implement measures to prevent and eliminate forest pests; upon detecting such pests in the forest areas allocated or leased to them, they shall immediately notify it to the nearest plant protection and quarantine and/or animal health agencies for guidance and support in implementing prevention and elimination measures; and shall increase the application of silvicultural and biological measures in the prevention and elimination of forest pests.
3. The Ministry of Agriculture and Rural Development shall organize the forecast of diseases and epidemics and provide instructions on the implementation of measures to prevent and eliminate forest pests.
4. The People’s Committees at all levels shall organize and direct the prevention and elimination of forest pests in their localities and prevent their spread to other localities.
Article 41.Specialized forest protection forces of forest owners
1. The special-use forest or protection forest management boards in the places where there is no forest ranger; state enterprises and organizations not belonging to armed forces which are allocated or leased forests and forestland may organize their own specialized forest protection forces.
2. Specialized forest protection forces have the following tasks and powers:
a/ Patrolling, and checking the protection of forests and forestland planned for forestry;
b/ Implementing measures to prevent and fight forest fires;
c/ Implementing measures to prevent and stop violations of regulations on forest management, protection and development; using supporting tools in accordance with law.
3. Forest owners shall directly manage and direct activities of specialized forest protection forces and ensure their benefits in accordance with law.
4. The Government shall detail this Article.
Article 42.Inspection of the origin of forest products
1. Inspection of the origin of forest products covers examining forest product dossiers, inspecting forest products during their harvest, transportation, processing, trading, import, export, farming, plantation and storage in accordance with law.
2. Inspection of the origin of forest products shall be performed according to plan or unexpectedly upon detecting signs of violation.
3. The forest rangers at all levels shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with the people’s public security, people’s army, militia and self-defense, market surveillance and customs forces and related agencies and organizations in, preventing, inspecting, detecting and handling violations in accordance with law.
4. Within the ambit of their tasks and powers, the people’s public security, people’s army, militia and self-defense, market surveillance and customs forces, justice agency and related agencies and organizations shall coordinate with forest rangers in performing their functions, tasks and powers in accordance with law.
5. The Minister of Agriculture and Rural Development shall prescribe forest product legality dossiers and the order and procedures for management of the origin of forest products.
Article 43.Forest protection responsibilities of the entire people
1. State agencies, organizations, households, individuals and population communities shall protect forests in accordance with this Law, the laws on fire prevention and fighting, environmental protection, biodiversity, plant protection and quarantine, and animal health, and other relevant laws.
2. Organizations, households, individuals and population communities shall promptly notify competent state agencies or forest owners of forest fires, forest pests and violations of forest management and protection regulations; and comply with manpower and equipment mobilization orders of competent state agencies upon occurrence of forest fires.
Chapter V
FOREST DEVELOPMENT
Article 44.Development of forest tree seedlings
1. To establish a system of national seedling forests to preserve genetic resources and supply sustainable high-quality seedlings.
2. To build and upgrade seedling forests and nurseries and stock (first-generation tree) nurseries; for major plants, to put into production and trading only recognized seedlings, seedling sources and seedling materials.
3. To enhance hereditary qualities, select and create new seedlings of high yield, quality and resilience that are marketable and adaptable to climate change.
4. To study and apply scientific and technical advances in the selection, creation and propagation of forest tree seedlings of high yield and quality; to increase the capacity of management and administration of seedling production and supply; to raise awareness of forest tree seedlings among the population, agencies and organizations.
5. The Minister of Agriculture and Rural Development shall prescribe the list of major plants and the order and procedures for recognizing seedlings, seedling sources and seedling materials.
Article 45.Silvicultural measures
1. Silvicultural measures include:
a/ Zoning for natural regeneration or additional planting;
b/ Nursing and enriching forests;
c/ Rehabilitating natural forests;
d/ Afforestation, reforestation, and caring for and nursing planted forests.
2. The Minister of Agriculture and Rural Development shall detail this Article.
Article 46.Development of special-use forests
1. For national parks, nature reserves and species-habitat reserves, the following activities shall be carried out:
a/ Maintaining the structure of natural forests, ensuring the natural growth of special-use forests in their strictly protected sub-zones;
b/ Restoring the structure of natural forests; applying the measure of natural regeneration combined with enrichment of forests, planting indigenous trees in forest ecosystem regeneration sub-zones and service and administrative sub-zones of special-use forests;
c/ Rescuing, conserving and developing organisms.
2. For landscape protection zones, the following activities shall be carried out:
a/ Maintaining existing forest areas;
b/ Taking technical measures of planting forests, zoning forests for natural regeneration, and enriching forests in order to improve the quality of forests.
3. For scientific reseach and experimentation forests, protecting and developing forests according to scientific research tasks decided by forest owners or competent state agencies.
4. For national seedling forests, maintaining and developing forests according to plans approved by competent state agencies.
5. For national botanic gardens, collecting, selecting, storing and propagating indigenous tree species in association with scientific research, environmental protection training and education, sightseeing, and tourism.
Article 47.Development of protection forests
1. Watershed protection forests and border protection forests shall be built in a concentrated and undivided manner to maintain and form a forest structure ensuring the protection function.
2. For watershed protection forests, border protection forests and forests for protection of water resources of population communities, the following activities shall be carried out:
a/ Protecting, zoning for natural regeneration combined with enriching forests;
b/ Planting forests on bare land areas where natural regeneration is impossible; planting various indigenous tree species, multi-purpose tree species and non-timber forest trees.
3. For wind- and sand-shielding protection forests, tidal wave-shielding and sea encroachment-preventing protection forests, the following activities shall be carried out:
a/ Establishing forest belts suitable to the natural conditions in each area;
b/ Planting trees with deep and strong roots, prioritizing highly resilient, indigenous trees that can grow in harsh conditions; planting additional trees in areas where forest criteria are not fully met.
Article 48.Development of production forests
1. To maintain the existing area of natural production forests; to restore natural forests which have been previously harvested and still fail to meet forest criteria; to rehabiliate only natural forests which cannot be restored on their own.
2. To form concentrated planted forests, apply modern bio-technologies and intensive plantation techniques to increase the yield of planted forests and supply materials for the forest product processing industry.
3. To encourage the planting of mixed forests and non-timber forest resources; to combine the planting of fast-growing small-timber trees and perennial large-timber trees; to transform small-timber forests into large-timber ones in areas with conditions suitable to such transformation.
Article 49.Planting of forest trees and raising of forest animals
1. Organizations and individuals that artificially propagate and raise endangered, precious and rare species of forest trees and animals, and species of forest plants and animals listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and raise ordinary species of forest animals must ensure conditions on legal seedling sources, raising facilities safe to people and raised animals; environmental sanitation and disease and epidemic prevention without exerting negative impacts on the conservation of the populations of these species in the natural setting.
2. The Government shall promulgate detailed regulations on conditions, order, procedures and competence to license the artificial propagation and raising of endangered, precious and rare species of forest trees and animals; species of forest plants and animals listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and ordinary species of forest animals.
Article 50.Planting of scattered trees
1. Planting scattered trees is planting trees outside forests in order to increase the green tree coverage, create landscapes, and protect the environment in combination with supplying timber, firewood and tourism services.
2. Central and local agencies and organizations shall mobilize the entire people to plant scattered trees; and shall organize the planting, management and protection of scattered trees in urban centers, rural areas and industrial parks.
3. The State shall adopt policies on support of seedlings for and provision of technical guidance on planting scattered trees.
Article 51.Infrastructure facilities to serve forest protection and development
1. The forest road system consisting of roads for transportation of forest products and forest protection patrol roads; and forest product storehouses and storage yards.
2. Facilities for prevention and elimination of forest pests, rescue, protection and development of forest animals and plants.
3. Forest fire prevention and fighting works including fire belts, forest fire watch towers, forest fire observation and forecast stations; canals, ditches and water tanks, dams and reservoirs for forest fire prevention and fighting.
4. Forest protection stations; signboards, warning signs and boundary markers of forests, forest compartments, sub-compartments and plots.
5. Other necessary infrastructure facilities to serve forest protection and development.
Chapter VI
UTILIZATION OF FORESTS
Section 1
UTILIZATION OF SPECIAL-USE FORESTS
Article 52.Harvest of forest products in special-use forests
1. For national parks, nature reserves and species-habitat reserves:
a/ Forest products may not be harvested in strictly protected sub-zones of special-use forests; dead timber trees and fallen trees in ecosystem restoration sub-zones of special-use forests may not be salvage-logged;
b/ Dead timber trees, fallen trees and fungi in service-administrative sub-zones of special-use forests may be salvage-logged;
c/ Timber, firewood, non-timber forest plants and fungi in the areas to be cleared for construction of works may be salvage-logged after obtaining approval from a competent state agency;
d/ Specimens of forest plants, forest animals, fungi and biological genetic resources may be collected for science and technology tasks after obtaining approval from a competent state agency.
2. For landscape protection forest zones:
a/ Timber, firewood, non-timber forest plants and fungi may be salvage-logged in the course of implementing silvicultural measures to conserve, embellish and restore ecosystems, landscapes, culture and history and in the areas to be cleared for construction of works after obtaining approval from a competent state agency;
b/ Specimens of forest plants, forest animals, fungi and biological genetic resources may be collected for science and technology tasks after obtaining approval from a competent state agency.
c/ For belief forests, dead timber trees, fallen trees, forest plants, fungi and non-timber forest products may be salvage-logged, and timber may be harvested for common community purposes after obtaining approval from a competent state agency.
3. For scientific research and experimentation forests:
a/ Forest products may be harvested for science and technology tasks after obtaining approval from a competent state agency;
b/ Timber, firewood, non-timber forest plants and fungi may be salvage-logged in the course of re-delineating forest components, nursing forests and implementing other silvicultural measures; timber, firewood and forest plants in the areas to be cleared for construction of works may be salvage-logged after obtaining approval from a competent state agency;
c/ Forest plants, forest animals, fungi, microorganisms and specimens of forest plants, forest animals and genetic resources for scientific research and technological development may be harvested and collected.
4. For national botanic gardens and national seedling forests:
a/ Seedling materials may be harvested;
b/ Timber, firewood, non-timber forest plants and fungi may be salvage-logged in the course of re-delineating forest components, nursing forests and implementing other silvicultural measures; timber, firewood, forest plants and fungi in the areas to be cleared for construction of works may be salvage-logged after obtaining approval from a competent state agency; dead timber trees and fallen trees may be salvage-logged.
5. The harvest of forest products in special-use forests must comply with this Law and the Regulation on forest management.
Article 53.Scientific research, teaching, practicing, eco-tourism, resort and recreation activities in special-use forests
1. Scientific research, teaching, practicing, eco-tourism, resort and recreation activities in special-use forests must comply with the Regulation on forest management and relevant laws. Resort and recreation activities may not be carried out in strictly protected sub-zones of special-use forests.
2. Forest owners shall make schemes on eco-tourism, resort and recreation in their special-use forests and submit them to competent state agencies for approval.
3. Organizations and individuals that invest in eco-tourism, resort and recreation activities in special-use forests shall formulate projects in accordance with relevant laws and schemes on eco-tourism, resort and recreation.
4. Forest owners may organize by themselves, cooperate with and join others in doing business in eco-tourism, resort and recreation in special-use forests or lease the forest environment to organizations and individuals for doing such business, provided that such business does not affect the conservation of the natural ecosystems, biodiversity, landscapes and environment and other functions of the forests.
5. The order and procedures for making, appraising and approving schemes on eco-tourism, resort and recreation and managing the construction of works for eco-tourism, resort and recreation purposes in special-use forests must comply with the Regulation on forest management and other relevant laws.
Article 54.Stabilization of livelihoods of people living in special-use forests and their buffer zones
1. It is prohibited to relocate people from other areas to settle in special-use forests.
2. Special-use forest management boards may contract the protection and development of special-use forests to households, individuals and population communities living in such forests. Based on specific conditions, special-use forest management boards shall coordinate with local administrations in elaborating relocation and resettlement projects and submit them to competent state agencies for approval so as to relocate people out of strictly protected sub-zones of special-use forests.
3. For eco-restoration sub-zones of special-use forests, special-use forest management boards may contract the protection and development of the forests to households, individuals and population communities living therein or cooperate and associate with them in protecting and developing these forests.
4. For residential land and production land of households, individuals and population communities located within special-use forests but not included in the master plans on such forests, these households, individuals and population communities may continue using such land under land use master plans approved by a competent state agency and in conformity with forest owners’ sustainable forest management plans.
5. Special-use forest management boards shall elaborate investment programs and projects on development of buffer zones; organize the implementation thereof with the involvement of local population communities; coordinate with local administrations in reviewing and planning the management of residential land and production land located within special-use forests and submit these plans to a competent state agency for approval.
6. Organizations, households, individuals, local population communities or organizations that carry out activities in buffer zones are entitled to supervise, participate in the implementation of and coordinate in the management of investment programs and projects for buffer zones in accordance with law.
7. The stabilization of livelihoods of people living in special-use forests and their buffer zones must comply with the Regulation on forest management.
Section 2
UTILIZATION OF PROTECTION FORESTS
Article 55.Harvest of forest products in protection forests
1. For natural protection forests, dead timber trees, fallen trees, diseased trees and trees in areas with a density higher than the prescribed level may be harvested.
2. For natural protection forests, the harvest of non-timber forest products is prescribed as follows:
a/ Bamboo shoots, bamboo trees and fungi may be harvested in case protection requirements are met;
b/ Other non-timber forest products may be harvested without affecting the protection capacity of the forests.
3. For planted protection forests:
a/ Auxiliary trees may be harvested or pruned when the forests reach a density higher than the prescribed level;
b/ Major trees may be harvested when they reach the standards for harvest by the method of selective harvest or band- or strip-based clear cutting;
c/ After harvest, forest owners shall regenerate or replant forests right in the immediate subsequent afforestation season and continue managing and protecting them.
4. The harvest of forest products in protection forests must comply with this Law and the Regulation on forest management.
Article 56.Scientific research, teaching, practicing, eco-tourism, resort and recreation activities in protection forests
1. Scientific research, teaching and practicing activities in protection forests must comply with the Regulation on forest management and other relevant laws.
2. Forest owners shall make schemes on eco-tourism, resort and recreation activities in their protection forests and submit them to a competent state agency for approval.
3. Organizations and individuals that invest in eco-tourism, resort and recreation activities shall prepare projects in accordance with relevant laws and schemes on eco-tourism, resort and recreation.
4. Forest owners may organize by themselves, cooperate with and join other partners in doing business in eco-tourism, resort and recreation in protection forests or lease the forest environment to organizations and individuals to do such business, provided that such business does not affect the conservation of the natural ecosystems, biodiversity, landscapes and environment and other functions of the forests.
5. The order and procedures for making, appraising and approving schemes on eco-tourism, resort and recreation and forest areas that are allowed to be used for the construction of works for eco-tourism, resort and recreation in protection forests must comply with the Regulation on forest management and other relevant laws.
Article 57.Combined agro-forestry and fishery production in protection forests
1. Agricultural crops and non-timber forest trees may be planted and animal husbandry and aquaculture may be carried out in protection forests without affecting the protection capacity of these forests.
2. Unforested land areas may be used for carrying out combined agro-forestry and fishery production without affecting the protection capacity of these forests.
3. Combined agro-forestry and fishery production in protection forests must comply with the Regulation on forest management and other relevant laws.
Section 3
UTILIZATION OF PRODUCTION FORESTS
Article 58.Harvest of forest products in natural production forests
1. Conditions for harvest of forest products in natural production forests are prescribed as follows:
a/ Forest owners being organizations must have a sustainable forest management plan approved by a competent state agency;
b/ Forest owners being households, individuals or population communities that wish to harvest timber shall send a request to and have it approved by the district-level People’s Committee.
2. The harvest of forest products in natural production forests must comply with this Law and the Regulation on forest management.
Article 59.Harvest of forest products in planted production forests
1. Forest owners may decide on harvest of planted forests under their ownership.
2. For forests planted with state budget funds, forest owners shall prepare a dossier for forest product harvest and submit it to a state agency competent to approve such funds for decision.
3. The harvest of forest products in planted production forests must comply with this Law and the Regulation on forest management.
Article 60.Combined agro-forestry and fishery production, scientific research, teaching, practicing, eco-tourism, resort and recreation activities in production forests
1. Agricultural crops and non-timber forest trees may be planted and animal husbandry and aquaculture may be carried out in production forests without affecting the quality of these forests.
2. Unforested land areas may be used for carrying out combined agro-forestry and fishery production without degrading and polluting the soil and without converting these forests.
3. Eco-tourism, resort and recreation business and scientific research, teaching and practicing activities may be carried out.
4. Forest owners may organize by themselves, cooperate with and join other partners in doing business in eco-tourism, resort and recreation or lease the forests or forest environment according to their rights to other organizations and individuals to do such business.
5. Works serving eco-tourism, resort and recreation activities may be constructed.
6. The activities specified in this Article must comply with the Regulation on forest management and other relevant laws.
Section 4
FOREST ENVIRONMENT SERVICES
Article 61.Types of forest environment services
1. Protection of soil, and restriction of erosion and sedimentation in reservoirs, rivers and streams.
2. Regulation and maintenance of water sources for production and everyday life.
3. Sequestration and retention of forest carbon; reduction of greenhouse gas emissions by limiting forest loss and deterioration, managing forests in a sustainable manner and promoting green growth.
4. Protection and preservation of the beauty of natural landscapes and conservation of biodiversity and forest eco-systems for provision of tourism services.
5. Provision of breeding grounds, sources of feed and natural seeds, water from forests and elements from the forest environment and eco-systems for aquaculture.
Article 62.Principles of payment for forest environment services
1. Environment services in a forest shall be paid for when the forest satisfies the criteria specified in Clause 3, Article 2 of this Law, and one or more than one of the services referred to in Article 61 of this Law is or are provided.
2. Users of forest environment services shall pay for these services to providers of such services.
3. Payment for forest environment services may be made directly or indirectly.
4. Payment for forest environment services serves as a constituent of the prices of products, goods and services of users of forest environment services.
5. Ensuring publicity, democracy, objectivity and fairness; observing the Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 63.Payers and payees and methods of payment for forest environment services and management of use of money paid for such services
1. Payees of money for forest environment services include:
a/ Forest owners defined in Article 8 of this Law;
b/ Organizations, households, individuals and population communities that have signed forest protection and development contracts with forest owners being organizations established by the State;
c/ Commune-level People’s Committees and other organizations assigned by the State to manage forests in accordance with law.
2. Payers of money for forest environment services are prescribed as follows:
a/ Hydropower generation establishments shall pay for the service of soil protection, restriction of erosion and sedimentation in reservoirs, rivers and streams and regulation and maintenance of water sources for hydropower generation;
b/ Clean water production and supply establishments shall pay for the service of regulation and maintenance of water sources for clean water production;
c/ Industrial production establishments shall pay for the service of regulation and maintenance of water sources for industrial production;
d/ Eco-tourism, resort and recreation service providers shall pay for the service of protection and preservation of the beauty of natural landscapes and conservation of biodiversity of forest eco-systems;
dd/ Organizations and individuals carrying out production and trading activities which cause lots of greenhouse gas emissions shall pay for the service of forest carbon sequestration and retention;
e/ Aquaculture establishments shall pay for the service of supply of breeding grounds, sources of feeds and natural seeds, water sources and other elements from the forest environment and eco-systems for aquaculture;
g/ Other payers as prescribed by law.
3. Methods of payment for forest environment services are prescribed as follows:
a/ Users of forest environment services shall pay money directly to providers of these services;
b/ Users of forest environment services shall pay money to providers of these services through the forest protection and development fund;
c/ The State shall encourage direct payment in all cases if the providers and users of forest environment services so agree on the basis of the service payment levels set by the Government.
4. The management of the use of money paid for forest environment services is prescribed as follows:
a/ Identifying the total money collected from forest environment services;
b/ Identifying payment levels for forest environment services;
c/ Identifying payees of money for forest environment services;
d/ Identifying methods of payment for forest environment services;
dd/ Planning the collection and payment of money for forest environment services;
e/ Identifying cases of exemption from and reduction of money payable for forest environment services;
g/ Organizing the payment for forest environment services;
h/ Inspecting and supervising the management of the use of money paid for forest environment services.
5. The Government shall promulgate detailed regulations on payers and payees, methods of payment and payment levels for forest environment services, adjustment, exemption from and reduction of payment levels; and management of the use of money paid for such services.
Article 64.Rights and obligations of users of forest environment services
1. Users of forest environment services have the following rights:
a/ To be notified of the situation and results of protection and development of forests where forest environment services are provided and of the areas, quality and status of these forests;
b/ To be notified by the forest protection and development funds of results of payment for forest environment services to providers of forest environment services;
c/ To participate in the planning, organization of implementation, examination and supervision and pre-acceptance test of the results of protection and development of forests where forest environment services are provided;
d/ To request competent state agencies to consider and adjust payment levels for forest environment services in case providers of these services fail to ensure proper forest areas or reduce the forest quality and conditions for which the service users have paid corresponding amounts of money.
2. Users of forest environment services have the following obligations:
a/ To sign contracts and declare the amounts of money to be paid for forest environment services through the forest protection and development funds;
b/ To make full payment for forest environment services on schedule as contracted to forest owners in case of direct payment or to the forest protection and development fund in case of indirect payment.
Article 65.Rights and obligations of providers of forest environment services
1. Providers of forest environment services have the following rights:
a/ To request payment for forest environment services in accordance with Clause 3, Article 63 of this Law;
b/ To be provided with information on the values of forest environment services;
c/ To participate in the planning and preparation of payment documents and in the examination of the payment for forest environment services by state management agencies and the forest protection and development funds.
2. Providers of forest environment services have the following obligations:
a/ To ensure that the forests where forest environment services are provided are protected and developed in conformity with master plans and management plans for each type of forest as approved by competent state agencies;
b/ Organizations, households, individuals and population communities contracted to protect and develop forests shall ensure that the forests where forest environment services are provided are protected and developed in accordance with the contracts signed with forest owners;
c/ Providers of forest environment services that are organizations established by the State shall manage and use amounts of money paid for forest environment services in accordance with law.
Chapter VII
FOREST PRODUCT PROCESSING AND TRADE
Section 1
FOREST PRODUCT PROCESSING
Article 66.Policies on development of forest product processing
1. Policies on development of forest product processing are prescribed as follows:
a/ Providing support for enterprises to enter into cooperation, joint ventures and partnerships with forest owners to form raw-material zones, manage forests sustainably, sell products, apply sciences and high, advanced and new technologies and solutions to promoting green growth and increasing added value;
b/ Prioritizing the development of supporting industries for forest product processing;
c/ Providing support for the training of human resources for forest product processing.
2. Policies on the development of forest product processing prescribed in Clause 1 of this Article must comply with the Government’s regulations.
Article 67.Processing of specimens of forest plants and animals
1. Processing establishments and the processing of specimens of forest plants and animals shall comply with this Law and the laws on investment, enterprises, environmental protection, plant protection and quanrantine, animal health, product and goods quality, and food safety and conform with the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
2. The processing of specimens of endangered, precious and rare species of forest plants and animals and specimens of wild forest plants and animals listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora must satisfy the following conditions:
a/ Specimens are lawfully originated from artificial propagation or raising establishments;
b/ Specimens are lawfully harvested from nature;
c/ Specimens are confiscated in accordance with law.
3. The processing of specimens of ordinary forest plant and animal species must ensure that such specimens are from lawful origins.
Article 68.Rights and obligations of forest product processing establishments
1. Forest product processing establishments have the following rights:
a/ To produce forest products which are not banned by the State;
b/ To have their lawful rights and interests guaranteed by the State; to be supported in forming production and processing chains; to enjoy the policies prescribed in Article 66 of this Law and the laws on investment and enterprises in rural areas, especially remote and deep-lying areas.
2. Forest product processing establishments have the following obligations:
a/ To observe the laws on investment, enterprises, environmental protection, labor, and finance; and regulations on forest product legality dossiers and examination of the origins of forest products;
b/ To process specimens of species of forest plants and animals in accordance with Article 67 of this Law;
c/ To submit to the management, examination and inspection by competent state agencies in the course of production.
Article 69.Timber legality assurance system of Vietnam
1. The State shall develop and operate the timber legality assurance system of Vietnam; promulgate regulations on criteria and competence, processes and procedures for classifying enterprises engaged in timber and timber product harvest, transportation, sale, processing and export.
2. The Government shall detail this Article.
Section 2
FOREST PRODUCT TRADE
Article 70.Policies on development of forest product markets
1. Policies on development of forest product markets are prescribed as follows:
a/ Organizations and individuals that enter into cooperation and partnerships to purchase and sell forest products shall be provided with preferential credit in accordance with law;
b/ The State shall support the branding, trade promotion and market development for forest products and provision of information about domestic and international forest product markets.
2. Policies on the development of forest product markets prescribed in Clause 1 of this Article must comply with the Government’s regulations.
Article 71.Rights and obligations of forest product trading establishments
1. Forest product trading establishments have the following rights:
a/ To trade in forest products which are not banned by the State;
b/ To have their lawful rights and interests guaranteed by the State; to be supported in forming forest product trading chains; to enjoy the policies prescribed in Article 70 of this Law and the laws on investment and enterprises in rural areas, especially remote and deep-lying areas.
2. Forest product trading establishments have the following obligations:
a/ To observe the laws on investment, enterprises, environmental protection, labor, and finance; and regulations on forest product legality dossiers and examination of the origins of forest products;
b/ To submit to the management, examination and inspection by competent state agencies in the course of trading.
Article 72.Management of forest product trade and trading of specimens of species of forest plants and animals
1. Management of forest product trade is prescribed as follows:
a/ Making market foreasts and setting orientations for the development of forest product processing in each period;
b/ Negotiating treaties on forest product trade and opening of forest product markets, mutual recognition of timber legality amd criteria for sustainable forest management;
c/ Grant of licenses and certificates for imported and exported forest products in conformity with treaties to which the Socialist Republic of Vietnam is a contracting party;
d/ The import, export, temporary import for re-export, temporary export for re-import, and transit of specimens of species of forest plants and animals for commercial purposes must comply with Vietnamese law and the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
dd/ Domestic trade in forest products must comply with regulations on forest product legality dossiers and examination of the origins of forest products;
e/ The Government shall detail this Clause.
2. Trading in specimens of species of forest plants and animals is prescribed as follows:
a/ Trading in specimens of endangered, precious and rare species of forest plants and animals and species of wild forest plants and animals listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora must ensure traceability and chain-based management from harvest, propagation, raising to processing and consumption;
b/ Specimens of the species prescribed at Point a of this Clause shall be marked to show their lawful origin suitable to the characteristics and types of each specimen, preventing forgery and erasure;
c/ The Minister of Agriculture and Rural Development shall prescribe the order, procedures and dossiers for traceability and marking of specimens of the species prescribed at Points a and b of this Clause.
Chapter VIII
RIGHTS AND OBLIGATIONS OF FOREST OWNERS
Section 1
COMMON RIGHTS AND OBLIGATIONS OF FOREST OWNERS
Article 73.Common rights of forest owners
1. To have their rights to use forests and the rights to own planted production forests recognized by competent state agencies in accordance with law.
2. To enjoy forest products increased as a result of their investments in natural forests or planted special-use or protection forests.
3. To use forests within the forest allocation or lease terms and the land allocation or lease terms for afforestation in accordance with this Law and the land law.
4. To be provided with forest environment services and benefit from such services.
5. To be provided with technical guidance and other supports under regulations to protect and develop forests and conserve biodiversity; to benefit from state-invested infrastructure facilities serving forest protection and development.
6. To be compensated by the State for the values of forests and assets which they have lawfully invested in or built by the time of issuance of decisions to recover their forests.
7. To be provided with financial support by the State when their production forests are damaged due to a natural disaster.
8. To enter into cooperation and partnerships with organizations and individuals at home and abroad to protect and develop their forests.
9. To have other lawful rights and interests guaranteed.
Article 74.Common obligations of forest owners
1. To manage, protect, develop and use forests in a sustainable manner under the Regulation on forest management, this Law and other relevant laws.
2. To implement regulations on forest changes monitoring.
3. To return their forests when the State recovers them in accordance with this Law.
4. To conserve forest biodiversity, plants and animals.
5. To prevent and fight forest fires; to prevent and eliminate forest pests.
6. To submit to the management, inspection, examination and handling of violations by competent state agencies.
7. To fulfill their financial and other obligations in accordance with law.
Section 2
RIGHTS AND OBLIGATIONS OF FOREST OWNERS BEING SPECIAL-USE FOREST OR PROTECTION FOREST MANAGEMENT BOARDS
Article 75.Rights and obligations of special-use forest management boards
1. Special-use forest management boards have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To enjoy the policies on investment in the protection and development of special-use forests prescribed in Article 94 of this Law;
c/ To harvest forest products in special-use forests under Article 52, in natural production forests under Article 58, and in planted production forests under Article 59, of this Law;
d/ To lease the forest environment; to enter into cooperation and partnerships in providing eco-tourism, resort and recreation services outside strictly protected sub-zones of special-use forests according to sustainable forest management plans approved by competent state agencies;
dd/ To carry out scientific, technological, training, practicing and international cooperation activities.
2. Special-use forest management boards have the following obligations:
a/ The obligations prescribed in Article 74 of this Law;
b/ To elaborate and submit to competent state agencies for approval sustainable forest management plans and implement the approved plans;
c/ To support population communities living in buffer zones to stabilize their livelihoods and develop socio-economic activities under Article 54 of this Law;
d/ To contract the protection and development of forests to households, individuals and population communities in these forests under the Government’s regulations.
Article 76.Rights and obligations of protection forest management boards
1. Protection forest management boards have the following rights:
a/ The rights prescribed in Article 73, and at Point dd, Clause 1, Article 75, of this Law;
b/ To lease the forest environment; to enter into cooperation and partnerships in providing eco-tourism, resort and recreation services according to sustainable forest management plans approved by competent state agencies;
c/ To enjoy the policies on investment in the protection and development of protection forests or special-use forests prescribed in Article 94 of this Law;
d/ To harvest forest products in special-use forests being landscape protection zones under Article 52, in protection forests under Article 55, in natural production forests under Article 58, and in planted production forests under Article 59, of this Law.
2. Protection forest management boards have the following obligations:
a/ The obligations prescribed in Article 74 of this Law;
b/ To make sustainable forest management plans and submit them to a competent state agency for approval and implement the approved plans;
c/ To contract the protection and development of forests to households, individuals and population communities in these forests under the Government’s regulations.
Section 3
RIGHTS AND OBLIGATIONS OF FOREST OWNERS BEING ECONOMIC ORGANIZATIONS
Article 77.Rights and obligations of economic organizations that are allocated by the State national seedling forests located within allocated forests areas
1. Economic organizations that are allocated by the State national seedling forests located within allocated forests areas have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To be provided by the State investment funds for preserving and developing seedling forests according to plans approved by competent state agencies;
c/ To harvest forest products in national seedling forests under Article 52 of this Law;
d/ To sell products for creating a source of revenue and manage and use such revenue in accordance with the finance law.
2. Economic organizations that are allocated by the State national seedling forests located within allocated forests areas have the following obligations:
a/ The obligations prescribed in Article 74 of this Law;
b/ To make plans on preservation and development of seedling forests and implement them after they are approved by a competent state agency.
Article 78.Rights and obligations of economic organizations that are allocated by the State protection forests or special-use forests being landscape protection zones
1. Economic organizations that are allocated by the State protection forests or special-use forests being landscape protection zones have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To enjoy the policies on investment in the preservation and development of special-use forests and protection forests prescribed in Article 94 of this Law;
c/ To harvest forest products in special-use forests being landscape protection zones under Article 52 and in protection forests under Article 55 of this Law;
d/ To lease the forest environment; to enter into cooperation and partnerships in investment in developing eco-tourism, resort and recreation services and combined agro-forestry and fishery production according to sustainable forest management plans approved by competent state agencies.
2. Economic organizations that are allocated by the State protection forests or special-use forests being landscape protection zones have the following obligations:
a/ The obligations prescribed in Article 74 of this Law;
b/ To make sustainable forest management plans and submit them to a competent state agency for approval and implement the approved plans;
c/ To contract the protection and development of forests to households, individuals and population communities in these forests under the Government’s regulations.
Article 79.Rights and obligations of economic organizations that are leased by the State production forests
1. Economic organizations that are leased by the State production forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To be shared benefits from the forests under forest lease contracts;
c/ To own trees, animals and other assets associated with the forests in which they have invested;
d/ To harvest forest products in natural production forests under Article 58 and in planted production forests under Article 59 of this Law.
2. Economic organizations that are leased by the State production forests have the following obligations:
a/ The obligations prescribed in Article 74 of this Law;
b/ To make sustainable forest management plans and submit them to a competent state agency for approval and implement the approved plans.
Article 80.Rights and obligations of economic organizations that are allocated or leased by the State land for afforestation
1. Economic organizations that are allocated land by the State to plant protection forests with state budget funds have the following rights and obligations:
a/ The rights and obligations prescribed in Articles 73 and 74 of this Law;
b/ To organize afforestation according to cost estmates and designs approved by the agency that manages the funds;
c/ To harvest forest products in protection forests under Article 55 of this Law and be shared benefits from the forests under the State’s policies.
2. Economic organizations that are allocated land by the State to plant protection forests with their own funds have the following rights and obligations:
a/ The rights and obligations prescribed in Articles 73 and 74 of this Law;
b/ To own trees, animals and other assets on the land on which they have planted protection forests;
c/ To harvest forest products in their protection forests under Article 55 of this Law.
3. Economic organizations that are leased land by the State to plant production forests with their own funds have the following rights and obligations:
a/ The rights and obligations prescribed in Articles 73 and 74 of this Law;
b/ To own trees, animals and other assets on the land on which they have planted production forests;
c/ To harvest forest products in their planted production forests under Article 59 of this Law;
d/ To transfer or lease out their planted production forests; to mortgage or contribute as capital the value of their planted production forests.
Section 4
RIGHTS AND OBLIGATIONS OF FOREST OWNERS BEING HOUSEHOLDS, INDIVIDUALS AND POPULATION COMMUNITIES
Article 81.Rights and obligations of households and individuals that are allocated by the State protection forests
1. Households and individuals that are allocated by the State protection forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To be provided by the State with funds for the protection and development of forests;
c/ To harvest forest products in their protection forests under Article 55 of this Law and be shared benefits from the forests under the State’s policies;
d/ To swap the allocated forest areas with other households or individuals in the same communes, wards or townships; individuals may bequeath their forest use rights in accordance with law.
2. Households and individuals that are allocated by the State protection forests have the obligations prescribed in Article 74 of this Law.
Article 82.Rights and obligations of households and individuals that are allocated by the State production forests
1. Households and individuals that are allocated by the State production forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ For natural production forests, to harvest them under Article 58 of this Law and to be shared benefits from the forests under the State’s policies;
c/ For planted production forests, to harvest them under Article 59 of this Law; to be shared benefits from the forests under the State’s policies; to own trees, animals and other assets associated with the forests in which they have invested ;
d/ To swap the allocated forest areas with other households or individuals in the same communes, wards or townships; individuals may bequeath their forest use rights in accordance with law.
2. Households and individuals that are allocated by the State production forests have the obligations prescribed in Article 74 of this Law.
Article 83.Rights and obligations of households and individuals that are leased by the State production forests
1. Households and individuals that are leased by the State production forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To be shared benefits from the forests under forest lease contracts; to own trees, animals and other assets associated with the forests in which they have invested;
c/ To harvest forest products in natural production forests under Article 58 and in planted production forests under Article 59 of this Law;
d/ Individuals may bequeath their forest use rights in accordance with law.
2. Households and individuals that are leased by the State production forests have the obligations prescribed in Article 74 of this Law.
Article 84.Rights and obligations of households and individuals that are allocated land by the State to plant production forests or protection forests
1. Households and individuals that are allocated by the State land to plant production forests or protection forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To own forest trees, animals and other assets on the land on which they have planted production forests with their own funds;
c/ To own forest trees, animals and other assets on the land on which they have planted protection forests with their own funds;
d/ To harvest forest products in protection forests under Article 55 and in planted production forests under Article 59 of this Law;
dd/ To be shared benefits from the forests planted with state budget funds;
e/ To transfer, donate or lease planted production forests; to mortgage or contribute as capital the value of planted production forests;
g/ Individuals may bequeath their rights to own planted production forests or the forest use rights in accordance with law.
2. Households and individuals that are allocated land by the State to plant production forests or protection forests have the obligations prescribed in Article 74 of this Law.
Article 85.Rights and obligations of households and individuals that are leased land by the State to plant production forests
1. Households and individuals that are leased land by the State to plant production forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To own trees, animals and other assets on the land with their planted production forests; to harvest forest products in planted production forests under Article 59 of this Law;
c/ To transfer, donate or sublease planted production forests; to mortgage or contribute as capital the value of planted production forests during the land lease term; individuals may bequeath their forest ownership rights in accordance with law.
2. Households and individuals that are leased land by the State to plant production forests have the obligations prescribed in Article 74 of this Law.
Article 86.Rights and obligations of population communities that are allocated by the State belief forests, protection forests or production forests
1. Population communities that are allocated belief forests, protection forests or production forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To be provided by the State funds for the protection and development of allocated special-use forests or protection forests;
c/ To receive guidance on combined agro-forestry and fishery production and cultivation under forest canopy and cattle raising under the Regulation on forest management; to be supported in the development of forest economy and restoration of forests using indigenous forest trees;
d/ To harvest forest products in special-use forests being belief forests under Article 52, in protection forests under Article 55, in natural production forests under Article 58, or in planted production forests under Article 59, of this Law; to be shared benefits from forests under the State’s policies; to own trees animals and other assets on the land on which they have planted forests with their own funds.
2. Population communities that are allocated belief forests, protection forests or production forests have the following obligations:
a/ The obligations prescribed in Article 74 of this Law;
b/ To prepare and implement village conventions on forest protection and development in accordance with this Law and other relevant laws;
c/ To preserve the allocated forest areas;
d/ To refrain from dividing forests to community members;
dd/ To refrain from transferring, leasing or donating forest use rights, or mortgaging and contributing as capital the value of forest use rights.
Section 5
RIGHTS AND OBLIGATIONS OF FOREST OWNERS BEING ARMED UNITS; SCIENCE AND TECHNOLOGY ORGANIZATIONS; TRAINING AND VOCATIONAL EDUCATION INSTITUTIONS; AND FOREIGN-INVESTED ENTERPRISES
Article 87.Rights and obligations of forest owners being armed units that are allocated by the State special-use forests being landscape protection zones, protection forests or production forests
1. Armed units that are allocated by the State special-use forests being landscape protection zones, protection forests or production forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To be provided by the State with funds for the protection and development of special-use forests or protection forests;
c/ To harvest forest products in special-use forests being landscape protection zones under Article 52, in protection forests under Article 55, in natural production forests under Article 58, and in planted production forests under Article 59, of this Law.
2. Armed units that are allocated by the State special-use forests being landscape protection zones, protection forests or production forests have the following obligations:
a/ The obligations prescribed in Article 74 of this Law;
b/ To preserve the allocated forest areas;
c/ To refrain from transferring, donating or leasing forest use rights, or mortgaging or contributing as capital the value of forest use rights.
Article 88.Rights and obligations of forestry-related science and technology organizations and training and vocational education institutions that are allocated by the State scientific research and experimentation forests, national botanic gardens or national seedling forests
1. Forestry-related science and technology organizations and training and vocational education institutions that are allocated by the State scientific research and experimentation forests, national botanic gardens or national seedling forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To harvest forest products in scientific research and experimentation forests, national botanic gardens or national seedling forests under Article 52 of this Law;
c/ To enter into cooperation and partnerships with domestic and foreign organizations and individuals in performing science and technology tasks;
d/ To sell products of planted forests, forest seedlings and other forest products under the Regulation on forest management.
2. Forestry-related science and technology organizations and training and vocational education institutions that are allocated by the State scientific research and experimentation forests, national botanic gardens or national seedling forests have the following obligations:
a/ The obligations prescribed in Article 74 of this Law;
b/ To refrain from transferring, donating or leasing forest use rights, or mortgaging or contributing as capital the value of forest use rights;
c/ To perform forestry-related science and technology, training or vocational education tasks.
Article 89.Rights and obligations of forest-invested enterprises that are leased by the State land to plant production forests
1. Forest-invested enterprises that are leased by the State land to plant production forests have the following rights:
a/ The rights prescribed in Article 73 of this Law;
b/ To own trees, animals and other assets on the leased land in which they have invested in accordance with law;
c/ To harvest forest products in planted production forests under Article 59 of this Law.
2. Forest-invested enterprises that are leased by the State land to plant production forests have the obligations prescribed in Article 74 of this Law.
Chapter IX
FOREST VALUATION, INVESTMENT AND FINANCE IN FORESTRY
Section 1
FOREST VALUATION IN FORESTRY
Article 90.Forest valuation
1. Forest valuation means activities to determine the total economic value of forests.
2. The principles of forest valuation are prescribed as follows:
a/ Conforming to the values of forest products and forest environment services currently traded on the market at the time of valuation;
b/ Suiting each type of forest and conforming with regulations on forest use rights and forest profitability and forest-derived incomes;
c/ Ensuring publicity, transparency, objectivity and scientificity.
3. The Minister of Agriculture and Rural Development shall prescribe the forest valuattion methods, and price frames of production forests, protection forests and special-use forests under all-people ownership.
4. Provincial-level People’s Committees shall decide on price frames of forests in the localities under their management.
Article 91.Cases of forest valuation
1. When the State allocates forests, organizes auction of forest use rights or leases forests; or calculates the value of forests for payment for forest environment services.
2. When the State recovers or liquidates forests; determines the value of capital contributions; equitizes state enterprises or withdraws state capital.
3. Determining the value to be compensated due to violations that cause damage to forests; the damage caused by a natural disaster or forest fire or another damage to forests; determining the value of forests to serve the settlement of forest-related disputes.
4. Determining forest-related taxes, charges and fees.
5. Other cases at the request of competent state agencies.
Section 2
INVESTMENT AND FINANCE IN FORESTRY
Article 92.Financial sources in forestry
1. The state budget.
2. Investments, contributions, donations and financial aid from organizations and individuals at home and abroad.
3. Revenues from harvest of forest products and lease of forests and forestland.
4. Revenues from payment for planting replacement forests when converting forests.
5. Revenues from forest environment services and lease.
6. Credit capital from domestic and foreign financial institutions.
7. Other financial sources as prescribed by law.
Article 93.Forestry activities to be funded by the State
1. The Government shall prescribe forestry activities to be funded by the State based on forestry management and development requirements and state budget capacity in each period.
2. The estimation, observance, audit, finalization and supervision of state budget funds for forestry must comply with the law on the state budget.
Article 94.Policies on investment in forest protection and development
1. The State shall adopt policies on investment in the following activities:
a/ Protecting and developing special-use forests and protection forests;
b/ Protecting and rescuing endangered, precious and rare species of forest plants and animals;
c/ Conducting scientific research and applying scientific research outcomes, developing technologies and training human resources for state management of forestry;
d/ Building research and development centers and hi-tech parks;
dd/ Procuring vehicles and equipment for protecting forests; monitoring and warning forest fire risks; building forest fire prevention and fighting facilities; preventing and eliminating forest pests;
e/ Building, upgrading and renovating infrastructure facilities to serve the protection and development of special-use forests and protection forests.
2. The State shall adopt policies on support of investment in the following activities:
a/ Transferring high, advanced and new technologies, forestry extension, and granting sustainable forest management certificates;
b/ Developing infrastructure facilities in connection with investment in the development and trading of production forests according to value chains;
c/ Cooperation and partnership in forest protection and development among ethnic minority people and population communities in connection with socio-economic development and new-countryside building programs;
d/ Training and developing human resources for forest owners;
dd/ Promoting investment, developing markets and trade in forestry activities; expanding and promoting international cooperation on forestry.
3. The State shall adopt policies on investment incentives for the following activities:
a/ Developing production forests on bare land areas, hills and mountains;
b/ Planting large-timber forests and transforming small-timber forests into large-timber ones; developing non-timber forest products;
c/ Restoring natural forests;
d/ Developing hi-tech forest tree seedlings.
4. The Government shall detail this Article.
Article 95.Forest protection and development funds
1. Forest protection and development funds are extra-budgetary state financial funds; shall be organized and operate as public non-business units, and established by competent state agencies.
2. Operation principles of a forest protection and development fund are prescribed as follows:
a/ Operating not for profit;
b/ Providing support only for programs and projects or non-project activities related to forest protection and development which do not receive or are ineligible for state budget investments;
c/ Ensuring publicity, transparency and efficiency; being managed and used for proper purposes in accordance with law.
3. The organization of forest protection and development funds is prescribed as follows:
a/ The Vietnam Forest Protection and Development Fund shall be established at the central level by the Minister of Agriculture and Rural Development;
b/ Provincial-level forest protection and development funds shall be established by provincial-level People’s Committee chairpersons.
4. Financial sources of forest protection and development funds include:
a/ Financial assistance, voluntary contributions and entrusted funds of domestic and foreign organizations and individuals;
b/ Payments for forest environment services;
c/ Payments for planting replacement forests when converting forests;
d/ Other lawful financial sources outside the state budget.
5. Annually, the Minister of Agriculture and Rural Development shall report on the management and use of the Vietnam Forest Protection and Development Fund to the Prime Minister; provincial-level People’s Committee chairpersons shall report on the management and use of provincial-level forest protection and development funds to the Minister of Agriculture and Rural Development.
6. The Government shall promulgate detailed regulations on tasks, organizational structure, financial sources and finance management and use mechanisms of forest protection and development funds.
Chapter X
SCIENCE AND TECHNOLOGY, INTERNATIONAL COOPERATION ON FORESTRY
Article 96.Forestry-related scientific and technological activities
1. Applying high, advanced and new technologies in the following activities:
a/ Surveying and inventorying forests and monitoring forest changes;
b/ Preventing and fighting forest fires; preventing and eliminating forest pests;
c/ Selecting, creating and propagating timber and non-timber forest trees;
d/ Performing intensive planting of forests to supply large timber, plant indigenous trees and plant mixed forests; modernizing the process of planting, caring for, protecting and harvesting forests;
dd/ Restoring forests and improving the quality of poor natural forests;
e/ Harvesting, transporting, processing and preserving forest products;
g/ Supporting industries for forest product processing.
2. Studying forest ecosystems and values of forest environment services.
3. Studying solutions to protecting forest biodiversity and responding to climate change.
4. Studying and renovating organizational models of forestry production according to value chains in association with sustainable forest development; models of sustainable combined agro-forestry and fishery.
5. Transferring forestry-related technologies and research outcomes to forestry production, trading and management.
6. Developing and improving forestry-related national standards and technical regulations.
Article 97.Policies on forestry-related science and technology
1. The State shall adopt mechanisms and policies to prioritize scientific research and technlogy development suitable to the growth and development cycles of forests and application of scientific and technological advances to forestry.
2. The State shall prioritize investment in scientific and technological activities prescribed at Points a, b, c and dd, Clause 1, and in Clauses 2, 3 and 6, Article 96 of this Law.
3. The State shall encourage and facilitate scientific and technological activities prescribed at Points d, e and g, Clause 1, and in Clauses 4 and 5, Article 96 of this Law.
Article 98.International cooperation on forestry
1. The State of the Socialist Republic of Vietnam shall enter into international cooperation on forestry with other countries, territories and international organizations on the basis of equality, mutual benefit, and respect for independence, sovereignty and law of each party and international law.
2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with other ministries and ministerial-level agencies in proposing the conclusion of treaties and international agreements on forestry, and act as the focal point and representative of Vietnam in exercising the rights and performing the obligations of a member of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the United Nations Convention to Combat Desertization and other treaties and international agreements concerning forestry.
Article 99.Policies on international cooperation on forestry
1. To encourage the expansion of cooperation on forestry with other countries, territories and foreign organizations and individuals to support the achievement of the sustainable development goals and realization of commitments on environmental protection and response to climate change and other international commitments to which the Socialist Republic of Vietnam is a contracting party.
2. To encourage Vietnamese organizations and individuals to cooperate with foreign organizations and individuals in forest protection and development, forest product processing and trade, building of capacity and increase of effectiveness of the state management of forestry in accordance with Vietnamese and international laws.
3. To create favorable conditions for foreign organizations and individuals and overseas Vietnamese to invest in and support the training of human resources, scientific research and transfer of technologies on forest protection and development, nature conservation and forest product processing and trade in Vietnam; to develop and rationally and efficiently utilize international cooperation resources for forestry and response to climate change.
4. To promote cooperation with bordering countries in order to effectively settle issues related to forest fires, transboundary haze pollution, prevention and combat of illegal trading in timber and specimens of species of wild plants and animals, and conservation of nature.
5. The Government shall promulgate policies on international cooepration on forestry suitable to specific conditions in each period.
Chapter XI
STATE MANAGEMENT OF FORESTRY AND FOREST PROTECTION
Section 1
STATE MANAGEMENT OF FORESTRY
Article 100.Principles of organization of the system of state management agencies in charge of forestry
1. The system of state management agencies in charge of forestry shall be organized uniformly to meet the requirements and tasks of state management of forestry.
2. Specialized forestry management agencies shall be organized at central and provincial levels; specialized forestry management at the district level shall be organized under the Government’s regulations.
3. Tasks and powers shall be defined clearly, avoiding overlapping functions; publicity and transparency shall be ensured.
Article 101.State management responsibilities of the Government, ministries and ministerial-level agencies for forestry
1. The Government shall perform the unified state management of forestry nationwide.
2. The Ministry of Agriculture and Rural Development shall act as the focal point to assist the Government in performing the state management of forestry, having the following responsibilities:
a/ To promulgate strategies, master plans and plans, policies and legal documents on forestry according to its competence or submit them to competent state agencies for promulgation and organize the implementation thereof;
b/ To formulate national standards and promulgate national technical regulations and economic-technical norms on forestry;
c/ To direct, guide and examine the implementation of the Regulation on forest management and regulations on management and protection of endangered, precious and rare species of forest plants and animals;
d/ To propose to the Prime Minister the establishment of protection forests and special-use forests of national importance or located in many provinces;
dd/ To provide uniform professional and operational directions to forest rangers;
e/ To assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, managing and protecting forests, and protecting forest eco-systems and biodiversity in different types of forests;
g/ To guide and examine forest surveys and inventory, forest changes monitoring and compilation of forest management dossiers; to build and manage forest databases;
h/ To organize forest fire prevention and fighting; to prevent and eliminate forest pests;
i/ To build the systems of national parks and national botanic gardens;
k/ To manage and organize the payment for forest environment services;
l/ To manage the grant of sustainable forest management certificates and forest valuation;
m/ To manage forest product processing and trade activities in accordance with law;
n/ To organize scientific research and application of forestry-related high, advanced and new technologies; to organize the training of human resources for forestry;
o/ To organize information, communication and education activities to raise public awareness about forestry; to organize the forestry law dissemination and education;
p/ To act as the focal point in international cooperation on forestry;
q/ To inspect, examine, and handle violations, and settle forestry-related complaints and denunciations in accordance with law.
3. The Ministry of National Defense, Ministry of Public Security, Ministry of Natural Resources and Environment and other ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Agriculture and Rural Development in performing the state management of forestry.
Article 102.State management responsibilities of People’s Committees at all levels for forestry
1. Provincial-level People’s Committees have the following responsibilities:
a/ To promulgate legal documents on forestry according to their competence or submit them to competent state agencies for promulgation; to decide on sustainable forestry development programs and projects in their localities;
b/ To organize the implementation of legal documents on forestry, national forestry development strategies and forestry master plans and local forestry development programs, projects and plans;
c/ To organize the classification of forests and demarcation of forests of all types according to their competence;
d/ To allocate, lease, convert and recover forests, with regard to organizations; to organize the planting of replacement forests;
dd/ To organize the forest survey and inventory and forest changes monitoring in their localities;
e/ To update databases on and compile management dossiers for local forests;
g/ To organize the forest protection; preservation of forest biodiversity; prevention and fighting of forest fires; prevention and elimination of forest pests; forest development; forest utilization; and forest product processing and markets in their localities;
h/ To decide on local forest price frames;
i/ To organize forestry-related scientific research and application of forestry-related sciences and advanced technologies in their localities;
k/ To organize the forestry law dissemination and education in their localities;
l/ To mobilize forces, supplies, vehicles and equipment of organizations, households and individuals in their localities to fight forest fires in emergency cases according to their competence;
m/ To inspect, examine, handle violations, and settle forestry-related disputes, complaints and denunciations in accordance with law.
2. District-level People’s Committees have the following responsibilities:
a/ To promulgate legal documents on forestry according to their competence or submit them to competent state agencies for promulgation; to decide on sustainable forestry development programs and projects in their localities;
b/ To organize the implementation of legal documents on forestry and sustainable forestry development programs and projects in their localities;
c/ To organize the classification of forests and demarcation of forests of all types in localities in accordance with law;
d/ To allocate, lease, convert and recover forests, with regard to households, individuals and population communities; to compile forest management dossiers; to organize the planting of replacement forests;
dd/ To organize the forest survey and inventory and forest changes monitoring in their localities;
e/ To organize the protection of forests; preservation of forest biodiversity; and prevention and fighting of forest fires;
g/ To organize the forestry law dissemination and education in their localities;
h/ To direct commune-level People’s Committees to formulate land and forest allocation projects for unallocated and unleased forest areas in accordance with law;
i/ To inspect, examine, handle violations, and settle forestry-related disputes, complaints and denunciations in their localities in accordance with law.
3. Commune-level People’s Committees have the following responsibilities:
a/ To promulgate legal documents on forestry according to their competence or submit them to competent state agencies for promulgation; to decide on programs and projects on sustainable forestry development, combined agro-forestry and fishery production, and cultivation, and organize their implementation in their localities;
b/ To manage forest areas and boundaries; to certify dossiers of request for forest allocation or lease for organizations, households, individuals and population communities in accordance with law;
c/ To organize the management and protection of forest areas not yet allocated or leased by the State;
d/ To organize the inventory of local forests;
dd/ To guide population communities how to formulate and implement village conventions on forest protection and development in accordance with law;
e/ To organize the prevention and fighting of forest fires and combat of violations of the forestry law in their localities; to handle violations and settle forestry-related disputes, complaints and denunciations in their localities in accordance with law.
4. Chairpersons of People’s Committees at all levels shall assume the prime responsibility for forest fires, destruction and loss due to violations in forest management and protection within the fields and localities under their respective management.
Chapter VI
FOREST RANGERS
Article 103.Functions of forest rangers
Forest rangers constitute an organization functioning to manage and protect forests, ensuring observance of the forestry law; and a force specializing in forest fire prevention and fighting.
Article 104.Tasks and powers of forest rangers
1. Tasks of forest rangers are prescribed as follows:
a/ To work out forest protection programs and plans and plans on prevention and combat of violations of the laws on forestry and forest fire prevention and fighting;
b/ To protect special-use forests and protection forests; to coordinate with related agencies in organizing protection of unallocated or unleased forests under all-people ownership;
c/ To organize the forecast and warning of forest fire dangers; to organize a specialized forest fire prevention and fighting force, and monitor forest changes on an annual basis;
d/ To prevent, inspect, control, and handle violations of the laws on forest protection, harvest and utilization and forest product transportation, trading, storage and processing in accordance with law;
dd/ To guide forest owners how to make and implement forest fire prevention and fighting plans; to provide training in forest protection and forest fire prevention and fighting for forest owners;
e/ To provide public information for and mobilize people to protect and develop forests; to organize grassroots-level mass forces for forest protection;
g/ To perform other tasks as assigned by competent state agencies in accordance with law.
2. Powers of forest rangers are prescribed as follows:
a/ When on duty, to request related agencies, organizations and individuals to provide information and documents in accordance with law;
b/ To impose sanctions against administrative violations and apply measures to prevent administrative violations; to initiate criminal cases against and investigate violations of the forestry law in accordance with law;
c/ To use specialized equipment and vehicles, weapons and supportive tools and uniforms in accordance with law.
3. The Government shall detail this Article.
Article 105.Organization of forest rangers
1. Forest rangers shall be organized at central and provincial levels.
2. Forest rangers may be organized at district level according to requirements and tasks of forest management and protection, assurance of observance of the forestry law, forest fire prevention and fighting, forest development and utilization, and forest product processing and trade in each locality.
3. Forest rangers in national parks; nature reserves, species-habitat reserves, watershed protection forests, wind- and sand-shielding protection forests, and tidal wave-shielding and sea encroachment-preventing protection forests which belong to the central or provincial-level forest ranger forces shall be organized according to forest management and protection requirements and tasks.
4. The Government shall detail this Article.
Article 106.Equipment to ensure the operation of and entitlements and policies toward forest rangers
1. Equipment to ensure the operation of forest rangers is prescribed as follows:
a/ Weapons, supportive tools, professional and technical equipment and specialized equipment and vehicles shall be supplied for forest protection patrols and forest fire prevention and fighting;
b/ Forest ranger uniforms, badges, stripes, pennants and certificates shall be supplied.
2. Entitlements and policies toward forest rangers are prescribed as follows:
a/ Forest rangers are entitled to rank- and grade-based salaries, seniority allowances, occupation-based preferential allowances and other allowances as prescribe by law;
b/ Forest rangers who are injured or sacrifice their lives while on duty shall be recognized as war invalids or martyrs respectively and enjoy entitlements and policies in accordance with the law on preferential treatment toward people with meritorious services to the revolution.
3. The Government shall detail this Article.
Chapter XII
IMPLEMENTATION PROVISIONS
Article 107.Effect
1. This Law takes effect on January 1, 2019.
2. Law No. 29/2004/QH11 on Forest Protection and Development ceases to be effective on the date this Law takes effect.
Article 108.Transitional provisions
1. Forest owners that are allocated or leased forests by the State before the effective date of this Law will be further allocated or leased such forests until the expiration of the allocation or lease term, and have the rights and obligations prescribed in this Law, except the case referred to in Clause 2 of this Article.
2. Forest owners being economic organizations which are allocated production forests before the effective date of this Law will be further allocated such forests until the expiration of the allocation term, and have the rights and obligations prescribed at Points a, c and d, Clause 1, and in Clause 2, Article 79 of this Law.
3. For projects involving conversion of forests which have been approved but ground clearance has not yet been carried out by the effective date of this Law, replacement forests shall be planted in accordance with Article 21 of this Law.
4. Provincial-level People’s Committees shall review existing natural forests for incorporating them into special-use forest, protection forest or production forest master plans within 12 months since the effective date of this Law.-
This Law was passed on November 15, 2017, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 4thsession.
Chairwoman of the National Assembly
NGUYEN THI KIM NGAN
Vietnamese
Law 16/2017/QH14 DOC (Word)
Law 16/2017/QH14 PDF (Original)
