Vietnam: Who are forest owners? General rights and obligations of forest owners under the Law on Forestry

Vietnam: Who are forest owners? General rights and obligations of forest owners under the Law on Forestry (Internet image)

1. Who are forest owners?

According to Clause 9, Article 2 of the Law on Forestry 2017, forest owner may be an organization, household, individual or community that is allocated or leased out a forest by the State; allocated or leased out land for afforestation, forest regeneration or development; receives transfer of the forest, receives the forest as a gift or inherits the forest according to regulations of law.

Specifically, forest owners include the following subjects:

- 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 this Article.

- 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.

(Article 8 of the Law on Forestry 2017)

2. General rights and obligations of forest owners in Vietnam

2.1. General rights of forest owners in Vietnam

The forest owner shall have the following rights:

-. Have forest use rights or planted production forest ownership recognized by a competent state authority.

- Enjoy increase in forest products from the natural/planted reserve forest or protection forest that he/she invests in.

- Use the forest during the forest allocation/lease term and forestland allocation/lease term in accordance with provisions stated herein and regulations of law on land.

- Receive forest environmental services and enjoy benefits arising therefrom.

- Receive guidance on techniques and other assistance to protect and develop the forest, conserve forest biodiversity; enjoy benefits arising from construction works serving forest protection and development invested by the State.

- Have compensation provided by the State for the forest value or assets that he/she invests in or develops legally from the day on which the decision on forest appropriation is given.

- Have funding provided by the State if his/her production forest is damaged by a natural disaster.

- Cooperate and associate with both domestic and international organizations and individuals in forest protection and development.

- Have other legitimate rights and interests.

(Article 73 of the Law on Forestry 2017)

2.2. General obligations of forest owners in Vietnam

The forest owner shall fulfill the following obligations:

- Manage, protect, develop and use the forest sustainably in compliance with forest management regulations, provisions stated in Law on Forestry 2017 and other regulations of relevant law.

- Comply with regulations on inspection of forest development.

- Return the forest that the State appropriates according to provisions stated herein.

- Conserve forest biodiversity, forest plants and animals.

- Ensure forest fire safety; prevent and eliminate forest pests.

- Facilitate management, inspection or actions against violations carried out by a competent state authority.

- Fulfill financial obligations and other obligations.

(Article 74 of the Law on Forestry 2017)

3. Prohibited acts in forestry activities in Vietnam

Specifically, in Article 9 of the Law on Forestry 2017, the following acts are prohibited in forestry activities:

- 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.

Thanh Rin 

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