Update on regulations on management of construction of works used for ecotourism, hospitality and entertainment services in protection forests in Vietnam

Update on regulations on management of construction of works used for ecotourism, hospitality and entertainment services in protection forests in Vietnam (Image from the internet)

On July 18, 2024, the Government of Vietnam issued Decree 91/2024/ND-CP amending and supplementing several articles of Decree 156/2018/ND-CP dated November 16, 2018, of the government detailing the implementation of several articles of the forestry law.

Update on regulations on management of construction of works used for ecotourism, hospitality and entertainment services in protection forests in Vietnam

According to Clause 11, Article 1 of Decree 91/2024/ND-CP, which has amended and supplemented the provisions of Article 24 of Decree 156/2018/ND-CP regarding the management and construction of works serving eco-tourism, resorts and entertainment in protective forests in Vietnam:

- Construction works serving eco-tourism, resorts, and entertainment in protective forests are commercial and service works according to the legal construction regulations, which must comply with the eco-tourism, resort, and entertainment project approved by competent state agencies according to the provisions of Article 23 of Decree 156/2018/ND-CP, including:

+ Construction on grasslands, land with shrubs, in vacant areas calculated based on forest canopy density;

+ Construction and assembly of resort and accommodation facilities using easily detachable materials and components under the forest canopy, on water surfaces, ensuring non-negative impact on the growth, development, and natural regeneration of forest trees, harmonious with the natural landscape;

+ The scale, materials, height, longevity, density, and ratio of the works are determined in the eco-tourism, resort, and entertainment project assessed and approved by competent state agencies according to the provisions of Article 23 of Decree 156/2018/ND-CP, but the total construction area must not exceed 5% of the area in the forest environment cooperation, linkage, or lease contract.

In cases where the total construction area exceeding eco-tourism, resort, and entertainment regulations, the provincial People's Committee, considering the actual situation and specific project size, can submit a written request to the Ministry of Agriculture and Rural Development to report to the Prime Minister for review and approval.

- The construction of works serving eco-tourism, resorts, and entertainment must ensure the following principles:

+ Not negatively affect the goals of protection, landscape, and environment; nature conservation, biodiversity, not deforest; construction works must be based on nature, harmoniously with the natural landscape, and using environmentally friendly materials;

+ Do not infringe upon the state's ownership of the forest and natural resources above and below the ground;

+ Do not affect national defense, security, scenic spots, and cultural-historical monuments;

+ The project owner is responsible for protecting, conserving, and developing forest resources in the eco-tourism, resorts, and entertainment area; and must follow the guidance, inspection, and supervision of the forest owner.

- Issuance of construction permits and management of construction order for works serving eco-tourism, resorts, and entertainment under eco-tourism projects, resorts, and entertainment must comply with legal construction regulations and the provisions of Decree 156/2018/ND-CP.

The national or provincial forestry planning approved by competent state agencies; sustainable forest management plans and eco-tourism, resort, and entertainment projects approved by competent state agencies are the basis for competent state agencies to evaluate compliance with construction planning under Clause 1, Article 91 or the location and overall site plan of the project approved in writing by competent state agencies under Clause 1, Article 92 of the Construction Law 2014 (amended and supplemented in 2020).

For eco-tourism, resorts, and entertainment projects implemented by leasing the forest environment, one of the legal documents on land in the application for construction permits is the organization or individual renting the forest environment under the Government's regulations on legal documents on land for construction permits, including: legal documents on land of the forest owner and the forest environment lease contract between the forest owner and organization or individual.

More details can be found in Decree 91/2024/ND-CP, which comes into force in Vietnam from July 18, 2024.

Le Nguyen Anh Hao

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