Vietnam: In which cases shall the State recover forests?

Specifically, according to Article 26 of the Law on forest protection and development 2004 of Vietnam, the State shall recover forests in the following cases:

- The State uses forests and afforestation land for defense, security purposes or national interests;

- The State needs to use forests and afforestation land for public interests or economic development under the approved plannings and plans;

- The organizations assigned forests by the State without the collection of forest use levies or with the collection of forest use levies of the State budget origin or with the annual rent payment are dissolved, go bankrupt, move to other places, reduce or no longer have the forest use demand;

- Forest owners return forests on their own will;

- Forests are assigned or leased by the State for definite terms that have expired without extension;

- For twelve consecutive months after being assigned or leased protection forests, special-use forests or production forests for forest protection and development, forest owners fail to conduct forest protection and development activities;

- For twenty four consecutive months after being assigned or leased land for forest development, forest owners fail to conduct forest development activities according to plannings and plans already approved by competent State agencies;

- Forest owners use forests for wrong purposes, intentionally not fulfilling their obligations toward the State or seriously violating law provisions on forest protection and development;

- Forests are assigned or leased ultra vires or to the wrong subjects;

- Forest owners are individuals who die without heirs as prescribed by law.

When the State recovers the entire or part of their forests, forest owners shall be compensated for their labor fruits, investment results or recovered property, except for cases prescribed in Clause 3 Article 26 of the Law on forest protection and development 2004 of Vietnam.

The compensation upon forest recovery by the State shall take the form of assignment or lease of other forests for the same use purpose; assignment of land for the plantation of new forests; compensation in kind or cash at the time of issuance of forest recovery decisions.

In cases where forests are recovered from forest owners directly engaged in production according to the provisions of Points a and b, Clause 1 Article 26 of the Law on forest protection and development 2004 of Vietnam but no forests are available for compensation, apart from compensations in kind or cash, the persons having recovered forests shall also enjoy the State’s supports for life stabilization, training for job change.

The following cases shall not be entitled to compensation upon forest recovery by the State:

- For twelve consecutive months after being assigned or leased protection forests, special-use forests or production forests for forest protection and development, forest owners fail to conduct forest protection and development activities;

- For twenty four consecutive months after being assigned or leased land for forest development, forest owners fail to conduct forest development activities according to plannings and plans already approved by competent State agencies;

- Forest owners use forests for wrong purposes, intentionally not fulfilling their obligations toward the State or seriously violating law provisions on forest protection and development;

- Forests are assigned or leased ultra vires or to the wrong subjects;

- Forest owners are individuals who die without heirs as prescribed by law;

- Forests are assigned or leased by the State with the investment capital originating from the State budget, including forest use levies, proceeds from the transfer of forest use rights, proceeds from the transfer of the ownership right over planted production forests; and money invested for forest protection and development.

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

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