Vietnam: Assignment of forests to village population communities

According to  Article 29 of the Law on forest protection and development 2004 of Vietnam, the conditions for assignment of forests to village population communities are prescribed as follows:

- The village population communities have the same customs, practices and traditions of close community association with forests in their production, life, culture and belief; are capable of managing forests; have demand and file applications for forest assignment;

- The assignment of forests to village population communities must be in line with the approved forest protection and development plannings and plans; and match the capacity of the local forest funds.

Village population communities shall be assigned the following forests:

- Forests which they are managing or using efficiently;

- Forests which hold water sources in direct service of the communities or other common communal interests and cannot be assigned to organizations, households or individuals.

- Forests which lie in the areas adjoining villages, communes or districts and cannot be assigned to organizations, households or individuals and must be assigned to village population communities for the sake of the communal interests.

The competence to assign forests to and recover forests from village population communities is prescribed as follows:

- The People’s Committees of rural or urban districts, provincial towns or cities shall, basing themselves on the approved forest protection and development plannings and plans, decide on forest assignment to village population communities;

- The People’s Committees of rural or urban districts, provincial towns or cities shall have the competence to recover forests from village population communities according to the provisions of Points a, b, d, e, f, h and i, Clause 1, Article 26 of this Law or when such communities move to other places.

View relevant provisions at the Law on forest protection and development 2004 of Vietnam issued on December 03, 2004 and effective from April 01, 2005.

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