Vietnam: Entities subject to forest allocation by the State

Vietnam: Entities subject to forest allocation by the State
Le Hai

According to the Law on Forestry 2017 of Vietnam, there are 03 types of forests, including reserve forests, protection forests and production forests, for which the State shall allocate levy-free to the following entities:

1. The State shall allocate levy-free reserve forests to the following entities:

- Reserve forest management units of national parks; natural reserves; species – habitat reserves; landscape protection areas including forests used for preserving historical - cultural relics and places of scenic beauty; forests protecting environment of urban areas, industrial parks, export-processing zones, economic zones and high-tech zones; national forest nurseries; or national botanical gardens;

- Science and technology institutions or vocational education and training centers in forestry of forests used for scientific research or experiment purposes or national botanical gardens;

- Protection forest management units, business entities, armed force authorities of landscape protection areas including forests used for preserving historical - cultural relics and places of scenic beauty; forests protecting environment of urban areas, industrial parks, export-processing zones, economic zones and high-tech zones alternate with allocated forest area;

- Communities having belief forests managed and used traditionally;

- Domestic business entities, science and technology institutions or vocational education and training centers in forestry having national forest nurseries alternate with allocated forest area.

2. The State shall allocate levy-free protection forests to the following entities:

- Protection forest management units or armed force authorities of watershed or bordering protection forests; wind or sand shielding protection forests; protection forests for tide shielding or sea encroachment prevention;

- Business entities having protection forests alternate with their production forest area;

- Households or individuals legally residing in the districts where protection forests are located having watershed protection forests; wind or sand shielding protection forests; protection forests for tide shielding or sea encroachment prevention;

- Communities legally residing in the communes where protection forests are located having watershed protection forests; wind or sand shielding protection forests; protection forests for tide shielding or sea encroachment prevention; or forests protecting their water resources.

3. The State shall allocate levy-free production forests to the following entities:

- Households, individuals or communities legally residing in the communes where forests are located; armed force authorities;

- Reserve forest management units or protection forest management units of production forests alternate with reserve forest/protection forest area allocated to them.

“Forest” is an ecosystem including forest flora and fauna, fungi, microorganisms, forestland and other environmental factors in which the main component is one or some species of trees, bamboo or areca whose height is determined according to the flora of the soil or rocky mountain, submerged land, sandy land or other typical flora; with inter-regional area of ​​at least 0.3 ha; canopy of at least 0.1. (Clause 3 Article 2 of the Law on Forestry 2017 of Vietnam)

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