Law on Forestry 2017 of Vietnam: Forest appropriation

Anh Tu

15:54, 05/06/2018

The Law on Forestry 2017 of Vietnam only stipulates 07 cases of forest appropriation, less than the Law provides for forest protection and development 2004.

According to new regulations of the Law on Forestry 2017 of Vietnam, the State shall appropriate the forest in the cases where:

- The forest owner uses the forest for improper purposes, does not fulfill state obligations intentionally or commits serious violations against regulations of law on forestry;

- The forest owner fails to carry out forest protection and development after 12 consecutive months from the day on which the forest is allocated or leased out, except for force majeure events confirmed by a competent state authority;

- The forest owner voluntarily returns the forest;

- The term of the forest allocated or leased out by the State expires without any extension;

- The forest is allocated or leased ultra vires or to a wrong subject;

- The forest owner is an individual who dies without any heir;

- Other cases of forestland appropriation prescribed in the Land Law.

The forest owner shall be entitled to receive compensation when the State appropriates the forest for national security purposes; socio-economic development for national and public interests; allocates or leases out the forest ultra vires or to a wrong subject.

The Law on Forestry 2017 of Vietnam officially came into force from January 01, 2019.

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