Which entities are allocated levy-free forests by the State of Vietnam? What are the rules for forest allocation in Vietnam?
Which entities are allocated levy-free forests by the State of Vietnam?
Pursuant to Article 16 of the 2017 Law on Forestry in Vietnam, those who are allocated levy-free forests by the State of Vietnam:
The State shall allocate levy-free reserve forests to the following entities:
- Reserve forest management units of national parks; natural reserves; species – habitat reserves; landscape protection areas including forests used for preserving historical - cultural relics and places of scenic beauty; forests protecting environment of urban areas, industrial parks, export-processing zones, economic zones and high-tech zones; national forest nurseries; or national botanical gardens;
- Science and technology institutions or vocational education and training centers in forestry of forests used for scientific research or experiment purposes or national botanical gardens;
- Protection forest management units, business entities, armed force authorities of landscape protection areas including forests used for preserving historical - cultural relics and places of scenic beauty; forests protecting environment of urban areas, industrial parks, export-processing zones, economic zones and high-tech zones alternate with allocated forest area;
- Communities having belief forests managed and used traditionally;
- Domestic business entities, science and technology institutions or vocational education and training centers in forestry having national forest nurseries alternate with allocated forest area.
The State shall allocate levy-free protection forests to the following entities:
- Protection forest management units or armed force authorities of watershed or bordering protection forests; wind or sand shielding protection forests; protection forests for tide shielding or sea encroachment prevention;
- Business entities having protection forests alternate with their production forest area;
- Households or individuals legally residing in the districts where protection forests are located having watershed protection forests; wind or sand shielding protection forests; protection forests for tide shielding or sea encroachment prevention;
- Communities legally residing in the communes where protection forests are located having watershed protection forests; wind or sand shielding protection forests; protection forests for tide shielding or sea encroachment prevention; or forests protecting their water resources.
The State shall allocate levy-free production forests to the following entities:
- Households, individuals or communities legally residing in the communes where forests are located; armed force authorities;
- Reserve forest management units or protection forest management units of production forests alternate with reserve forest/protection forest area allocated to them.
Which entities are allocated levy-free forests by the State of Vietnam? What are the rules for forest allocation in Vietnam? (Image from the Internet)
What are the rules for forest allocation in Vietnam?
Pursuant to Article 14 of the 2017 Law on Forestry in Vietnam, the principles of forest allocation are as follows:
- Forest allocation, lease, repurposing and appropriation shall be in compliance with the national forestry planning, land use planning and forest area of provinces.
- Natural forests shall not be repurposed, except for important national projects, projects for national security purposes or other urgent projects approved by the Government.
- Disputed forest area shall not be allocated or leased out.
- Forest owners shall not be entitled to lease out natural or planted forest area invested by the State to other organizations, households or individuals.
- Forest and land allocation, lease, repurposing and appropriation shall ensure consistency.
- Forest allocation or lease terms and limits shall be consistent with land allocation or lease terms and limits.
- Forest allocation, lease, repurposing and appropriation shall ensure publicity and transparency with participation of local people; no discrimination against religions, beliefs or genders when allocating or leasing out forests.
- Forest allocation, lease, repurposing and appropriation shall respect living space and customs of the communities; give priority to ethnic minority people, households, individuals and communities having traditional customs, culture or beliefs associated with forests and having local community rules in compliance with regulations of law.
What are the contents of the forest allocation plan in Vietnam?
Pursuant to the provisions of Clause 2, Article 35 of Decree 156/2018/ND-CP, the contents of the forest allocation plan in Vietnam are as follows:
- Area of types of forests available in districts and communes including total forest area, allocated/leased forest area and unallocated/unleased forest area;
- Forest area requested for allocation or lease in each commune and locations of the allocated or leased forests;
- Quotas on forest allocation to family households, individuals and community in consistent with land allocation quotas;
- Assessment of impacts of forest allocation or lease plans on society - economy, environment, national defense and security; proceeds from forest allocation or lease; job creation, labor attraction, hunger elimination and poverty reduction; capability of reasonable forest resources exploitation; requirements for forest development and conservation and forest density in association with preservation of landscape and culture of ethnic groups and elements affecting to national defense and security;
- Determination of finance, labor and technique resources, methods and schedule for implementing forest allocation or lease.
Nguyễn Thị Hồng Nhung
