The Law on Forestry 2017 was approved by the 14th National Assembly of Vietnam at its 4th session on November 15, 2017. According to this Law, each type of forest owner is clearly defined and in the direction of increasing the rights of those who directly put their efforts into planting and protecting forests.
Article table of contents
Based on the inheritance of the Law provides for forest protection and development 2004 of Vietnam, the Law on Forestry 2017 of Vietnam consists of 12 chapters and 108 articles, dealing with management, protection, development and use of forests; forest products processing and trade.
In comparison with the Law provides for forest protection and development 2004, the Law on Forestry 2017 of Vietnam supplements 04 new chapters, which are: forest products processing and trade; science and technology and international cooperation in forestry; forest valuation, investment and financial resources in forestry; state management of forestry and forest rangers.
Forest products processing and trade is considered as one of the strengths in the value chain of forest products. Affirming that forest product processing is not a conditional business, the Law on Forestry 2017 of Vietnam clearly stipulates policies on forest product development in the direction of supporting enterprises to cooperate, enter into joint ventures, and associate with forest owners to create material areas, manage forests sustainably, consume products, apply advanced science and technology, high technology, and new technology and green growth solutions, enhancing added value, prioritizing the development of supporting industries in forest product processing. The State shall assist development of brands, promote trade, develop markets and provide information about domestic and global markets.
The Law on Forestry 2017 of Vietnam specifies 02 groups of forest ownership: Public forests of which the State is the owner representative and planted production forests owned by organizations, households, individuals and communities. Expand more benefits of forest owners to restore natural forests and poor forests. Forest is a renewable natural resource, so clearly defining forms of forest ownership is in order to recognize the results of labor and investment results of forest people; create motivation to encourage organizations and individuals to invest in poor forests and benefit from forests; ensure better and more effective forest management.
The Law on Forestry 2017 of Vietnam also stipulates the form of forest leasing, replacing forest allocation with collection of forest use fees. The State leases production forests to economic organizations, households and individuals; for special-use forests, protection forests only apply the form of forest environment lease and belong to forest owners. The State ensures resources for the management, protection and development of special-use forests and protection forests and activities in service of state management of forestry. The State protects the legitimate rights and interests of organizations, households, individuals and communities engaged in forestry activities.
Regarding the organization and management of the forestry sector, the Law has renewed the framework regulations on agencies with the function of advising on specialized state management in forestry and forestry organizations. On that basis, detailed regulations on functions, tasks, organizational structure and operation of these agencies are flexibly adapted to the requirements of forestry practice. For forest rangers, the Law also adds more specific provisions on a number of mechanisms, policies, concurrently, it adds authority to ensure the necessary legal corridor for forest rangers to organize forest protection activities, fight, prevent and stop acts of encroachment on forests, and prevent and fight forest fires more effectively.
Sustainable forest management in terms of forest area and quality, ensuring harmony with socio-economic development, defense and security, biodiversity conservation, improving the value of forest environmental services, and responding to climate change. Forest owners must comply with the State's regulations on sustainable forest management, ensuring long-term and continuous forest business; optimize economic, social and environmental efficiency; forest owners being organizations must develop and implement plans for sustainable forest management; The State stipulates a set of criteria for sustainable forest management and organizes the granting of certificates of sustainable forest management. Strictly manage the conversion of natural forest use purposes. Do not change the purpose of using natural forests, except for defense and security purposes and other urgent cases as prescribed by the Government.
For the closing and opening of natural forests, the principles of sustainable forest management, conservation of forest resources and biodiversity must be ensured; ensure publicity and transparency; ensure the legitimate rights and interests of related parties when closing and opening natural forests.
The law also addresses the socialization of forestry activities; ensures the harmony between the interests of the State and the interests of forest owners, organizations and individuals engaged in forestry activities. Ensuring the organization of chain links from forest protection, development, use, processing and trade in forest products to enhance forest values. Ensure publicity, transparency and participation of related organizations, households, individuals and communities in forestry activities etc.
The Law on Forestry 2017 of Vietnam takes effect from January 01, 2019. The Law provides for forest protection and development No. 29/2004/QH11 of Vietnam ceases to be effective from the effective date of this Law.
Source: Supervision
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- Law on Forestry 2017
