Regulations on forest classification in Vietnam under the Law on Forestry

Regulations on forest classification in Vietnam under the Law on Forestry (Internet image)

1. Regulations on forest classification in Vietnam

In Article 5 of the Law on Forestry 2015, the classification of forests is as follows:

- According to their primary use purposes, natural and planted forests shall be divided into three following types:

+ Reserve forests;

+ Protection forests;

+ Production forests.

- Reserve forests shall be mostly used to conserve natural forest ecosystems, genetic resources of forest organisms, carry out scientific research and preserve historical - cultural relics, beliefs, places of scenic beauty associated with ecotourism; hospitality and entertainment except for strictly protected sub-zones of reserve forests; and provide forest environmental services including:

+ National parks;

+ Natural reserves;

+ Species – habitat reserves;

+ Landscape protection areas including forests used for preserving historical - cultural relics and places of scenic beauty; belief forests; forests protecting environment of urban areas, industrial parks, export-processing zones, economic zones and high-tech zones;

+ Forests used for scientific research or experiment purposes; national botanical gardens; national forest nurseries.

- Protection forests shall be mainly used to protect water resources and soil, prevent erosion/landslides/floods, combat desertification, limit disasters, regulate climate, contribute to protect the environment and national security associated with ecotourism, hospitality and entertainment; provide forest environmental services; and are classified according to their importance including:

+ Watershed protection forests; forests protecting water resources for communities; bordering protection forests;

+ Wind/sand shielding protection forests; protection forests for tide shielding or sea encroachment prevention.

- Production forests shall be primarily used for provision of forest products; combined forestry-agricultural-fishery production and trade; ecotourism, hospitality and entertainment; and provision of forest entertainment services.

- The Government shall specify criteria for forest determination and classification and regulations on forest management.

- The Minister of Agriculture and Rural Development shall specify criteria for determining the importance of protection forests.

2. Forest boundary delimitation in Vietnam

In Article 6 of the Law on Forestry 2015, the demarcation of forest boundaries is as follows:

- Forests shall have boundaries delimited clearly on sites and maps with documents on forest management. The forest boundary delimitation system shall ensure consistency among subzones, plots and pieces of forests throughout the country.

- The Minister of Agriculture and Rural Development shall specify in Article 6 of the Law on Forestry 2015.

3. Regulations on forest ownership in Vietnam

In Article 7 of the Law on Forestry 2015, forest ownership is as follows:

- The State shall be the owner representative of public forests including:

+ Natural forests;

+ Planted forests invested by the State;

+ Planted forests appropriated or given by the State, or whose forest ownership is transferred in accordance with regulations of law.

- Organizations, households, individuals and communities shall own planted production forests consisting of:

+ Their own forests;

+ Forests that are received from transfer, gifting or inheritance from other owners.

4. Regulations on forest owners in Vietnam

In Article 8 of the Law on Forestry 2015, forest owners include:

- Reserve forest and protection forest management units.

- Business entities including enterprises, cooperatives, cooperative unions and other business entities that are established and operating in accordance with regulations of law, except for the owners stated in Clause 7 of Article 8 of the Law on Forestry 2015.

- Authorities that are affiliated to the People’s Armed Forces and allocated forests (hereinafter referred to as “armed force authorities”).

- Science and technology institutions; vocational education and training centers in forestry.

- Domestic households and individuals.

- Communities.

- Foreign-invested enterprises whose land is leased out by the State for forest production planting.

5. Prohibited acts regarding forestry activities in Vietnam

In Article 9 of the Law on Forestry 2015, prohibited acts in forestry activities are as follows:

- Illegally felling, deforesting, exploiting or encroaching forests.

- Illegally discharging sewage or bringing toxic chemicals, explosives, flammable substances, tools or vehicles into forests; grazing cattle or livestock in strictly protected sub-zones of reserve forests or newly planted forests.

- Illegally hunting, shooting, catching, caging, slaughtering, transporting or trading in forest animals; illegally collecting specimens of forest plant or animal species.

- Destroying forest resources, ecosystems or works used for forest protection and development.

- Violating regulations on fire safety in forests; prevention and elimination of organisms harmful to forests; management of harmful allochthonous species; provision of forest environmental services.

- Storing, trading in, transporting, processing, advertising, displaying, exporting, importing, temporarily importing, temporarily exporting or transiting forest products against regulations of Vietnam law and international agreements to which the Socialist Republic of Vietnam is a signatory.

- Exploiting natural resources, mineral resources or forest environment; building, digging, damming, stopping natural flows or other activities against regulations of law that lead to change in the natural landscape structure of forest ecosystems.

- Illegally allocating, leasing out or appropriating forests, converting types of forests, repurposing of forests; illegally exploiting or transporting forest products;

Illegally changing forest area, transferring, inheriting, gifting, mortgaging or contributing capital with the value of forest use rights or planted production forest ownership; discriminating against religions, beliefs or genders when allocating or leasing out forests.

- Illegally using materials for forest products processing.

Ngoc Nhi

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