According to the Law on Land in 2024, which subjects are eligible for allocation of protective forest land by the State to manage, use, protect and develop forests in Vietnam?

According to the Law on Land in 2024, which subjects are eligible for allocation of protective forest land by the State to manage, use, protect and develop forests in Vietnam?

Pursuant to Article 185 of the Law on Land in 2024 stipulating subjects eligible for allocation of protective forest land by the State to manage, use, protect and develop forests in Vietnam:

Protective forest land

1. The State shall allocate protective forest land to manage, use, protect and develop forests in accordance with forestry laws to the following subjects:

a) Protection forest management boards, dedicated forest management boards, units of the people's armed forces;

b) Business organizations (protective forest land shall be allocated among their production forest land);

c) Individuals legally residing in third-level administrative divisions where protective forests are located;

d) Populations in third-level administrative divisions where protective forests are located;

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As regulated above, there are 04 subjects eligible for allocation of protective forest land by the State to manage, use, protect and develop forests in Vietnam, including:

- Protection forest management boards, dedicated forest management boards, units of the people's armed forces;

- Business organizations (protective forest land shall be allocated among their production forest land);

- Individuals legally residing in third-level administrative divisions where protective forests are located;

- Populations in third-level administrative divisions where protective forests are located.

According to the Law on Land in 2024, which subjects are eligible for allocation of protective forest land by the State to manage, use, protect and develop forests in Vietnam? - image from internet

What is the type of the protective forest land in Vietnam?

Pursuant to Clause 2 Article 9 of the Law on Land in 2024 stipulating protective forest land in Vietnam:

Land classification

1. Depending on use purposes, land is classified into three main categories: agricultural land, non-agricultural land and vacant land.

2. The category of agricultural land is classified into the following sub-categories/types:

a) Land for annual production, including land for rice cultivation/ paddy cultivation and another annual crop land;

b) Perennial crop land;

c) Forestry land, including dedicated forest land, protective forest land, and production forest land;

d) Land for aquaculture;

dd) Land for intensive farming;

e) Land for salt production;

g) Other agricultural land.

3. The category of non-agricultural land includes:

a) Homestead land including rural homestead land and urban homestead land;

b) Land for construction of head offices/offices;

c) Land used for national defense and security purposes (hereinafter referred to “national defense land and security land”);

d) Land for construction of public works, including land for construction of cultural facilities, social facilities, health facilities, education and training institutes, physical training and sports centers, science and technology facilities, environmental facilities, hydro-meteorological centers, diplomacy centers and other public works or land for construction of head offices/offices of other public service providers;

dd) Land used for non-agricultural business and production purposes, including land for industrial parks and industrial clusters; land used for trading or service purposes/commercial land; non-agricultural production establishment land; land used for mineral-related activities;

e) Land used in the public interest, including land used for transport; land used for irrigation; land for water supply and drainage works; land for natural disaster prevention and management works; land with historical-cultural monuments, famous landscape, sights, natural heritage; land for waste treatment works; land for energy and public lighting projects; land for post, telecommunications and information technology infrastructure; land for residential markets and wholesale markets; land for public entertainment, recreation and community activities;

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As regulated above, protective forest land is a type of agricultural land in Vietnam.

Is protective forest land a long-term and stable-use land in Vietnam?

Pursuant to Article 171 of the Law on Land in 2024 stipulating long-term and stable use of land:

Long-term and stable use of land

1. Homestead land.

2. Agricultural land used by populations specified in clause 4 Article 178 of this Law.

3. Dedicated forest land; protective forest land; production forest land managed by organizations.

4. Commercial land and non-agricultural production establishment land of individuals that are being used stably with recognition by the State but were not allocated by the State for a term or leased out by the State.

5. Land for construction of head offices/offices specified in clause 1 Article 199 of this Law; land for construction of public works of public service providers specified in clause 2 Article 199 of this Law.

6. National defense and security land.

7. Belief land.

8. Religious land specified in clause 2 Article 213 of this Law.

9. Land used for public purposes, not for business purposes.

10. Land used for cemeteries, funeral service centers and cremation centers; land for ashes storage facilities.

11. Land specified in clause 3 Article 173 and clause 2 Article 174 of this Law.

As regulated above, protective forest land is a long-term and stable-use land in Vietnam. Dedicated forest land and production forest land managed by organizations are also long-term and stable-use lands in Vietnam.

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