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

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

On July 18, 2024, the Government of Vietnam promulgated Decree 91/2024/ND-CP amending a number of articles of Decree 156/2018/ND-CP detailing the implementation of a number of articles of the Law on Forestry 2017.

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

Article 15 of Decree 156/2018/ND-CP (amended by Clause 15 Article 1 of Decree 91/2024/ND-CP) regulates the management of construction of works used for ecotourism, hospitality and entertainment services in reserve forests in Vietnam as follows:

- Construction of works used for ecotourism, hospitality and entertainment services in reserve forests in Vietnam are commercial and service works according to construction law, must be in accordance with the eco-tourism, resort, entertainment projects approved by the competent authority as prescribed in Article 14 Decree 156/2018/ND-CP and ensure the following principles:

+ Do not negatively affect the goals of nature conservation, biodiversity, do not deforest; construction works must rely on nature, harmonize with the natural landscape, and encourage the use of environmentally friendly materials;

+ Do not cause loss of state ownership over forests, natural resources on the surface and underground;

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

+ Project owners are responsible for protecting, conserving, and developing forest resources over the area of eco-tourism, resort, entertainment activities; subject to the guidance, inspection, and supervision of the forest owner.

- In the strict protection zone, patrol roads for forest protection can be established, combined with ecotourism and environmental education, utilizing trails, constructing supports for overhead cable lines, underground cable lines, landscape observation stations, rest shelters, pedestrian bridges, and forest protection signboards combined with eco-tourism.

- In the ecological restoration zone:

+ Suitable road routes can be established but must not exceed the scale of grade IV mountain road, landscape observation stations, rest shelters, signboards, supports for overhead cable lines, underground cable lines, pedestrian bridges;

+ Resort, accommodation works can be constructed, assembled with removable materials and components, floating on the water surface, grassland, shrubland, or in open areas calculated based on the canopy cover ratio of forest trees, ensuring no negative impact on the growth, development, and natural recovery of forest trees, harmonizing with the natural landscape;

+ The scale, materials, height, existence duration, and density ratio of the structures are determined in the eco-tourism, resort, entertainment project appraised and approved by the competent state agency as prescribed in Article 14 Decree 156/2018/ND-CP, but the total construction area must not exceed 2% of the area in the cooperation or linkage contract or forest environment lease in this zone;

In case the total construction area serving eco-tourism, resort, entertainment exceeds the provisions at Point c, Clause 3, Article 15 Decree 156/2018/ND-CP, the provincial People’s Committee, based on practical situation and specific project nature and scale, may have a written proposal sent to the Ministry of Agriculture and Rural Development for reporting to the Prime Minister of the Government of Vietnam for consideration and approval.

- In the service and administrative zone of national parks, nature reserves, species and habitat conservation zones; landscape protection zones; forest research and experimental zones:

+ Construction works serving eco-tourism, resort, entertainment on grasslands, shrublands, in open areas calculated based on the canopy cover ratio of forest trees are allowed;

+ Resort and accommodation works can be constructed, assembled with removable materials and components under the forest canopy, floating on the water surface, ensuring no negative impact on the growth, development, and natural recovery of forest trees, harmonizing with the natural landscape;

+ The scale, materials, height, existence duration, and density ratio of the structures are determined in the eco-tourism, resort, entertainment project appraised and approved by the competent state agency as prescribed in Article 14 Decree 156/2018/ND-CP, but the total construction area must not exceed 5% of the area in the cooperation or linkage contract or forest environment lease.

In case the total construction area serving eco-tourism, resort, entertainment exceeds the provisions at Point c, Clause 4, Article 15 Decree 156/2018/ND-CP, the provincial People’s Committee, based on practical situation and specific project nature and scale, may have a written proposal sent to the Ministry of Agriculture and Rural Development for reporting to the Prime Minister of the Government of Vietnam for consideration and approval.

- The issuance of construction permits and the management of construction order for works serving eco-tourism, resort, entertainment under eco-tourism, resort, entertainment projects shall comply with construction law and the regulations of Decree 156/2018/ND-CP.

The national forestry planning or provincial planning approved by the competent state agency; the sustainable forest management plan and the eco-tourism, resort, entertainment project approved by the competent state agency are the basis for the competent state agency to assess compliance with construction planning as prescribed in Clause 1, Article 91 or the position, general ground plan of the project has been approved by the competent state agency in writing as prescribed in Clause 1, Article 92 Construction Law 2014 (amended and supplemented in 2020).

For eco-tourism, resort, entertainment projects carried out under the method of leasing the forest environment, one of the legislative documents on land in the application for a construction permit of the project owner is the organization, individual leasing the forest environment according to the regulations of the Government of Vietnam on legislative documents on land for the issuance of construction permits, including: the legal document on land of the forest owner and the forest environment lease contract between the forest owner and the organization, individual.

More details can be found in Decree 91/2024/ND-CP which comes into force in Vietnam from August 15, 2024.

Decree 83/2020/ND-CP amending a number of articles of Decree 156/2018/ND-CP detailing the implementation of a number of articles of the Law on Forestry 2017 shall cease to be effective from the effective date of Decree 91/2024/ND-CP.

To Quoc Trinh

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