Cases of levy-free forest allocation by the State in Vietnam

Cases of levy-free forest allocation by the State in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Cases of levy-free forest allocation by the State in Vietnam

According to Article 16 of the Law on Forestry 2017, cases of levy-free forest allocation by the State in Vietnam are as follows:

* 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.

* 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.

* 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.

2.Power to make decisions on forest repurposing in Vietnam

Power to make decisions on forest repurposing according to Article 20 of the Law on Forestry 2017 is as follows:

- The National Assembly shall make decisions on repurposing of reserve forests, watershed protection forests, bordering protection forests of at least 50 ha; wind/sand shielding protection forests and tide shielding/sea encroachment prevention forests of at least 500 ha; production forests of at least 1,000 ha.

- The Prime Minister shall make decisions on repurposing of reserve forests of under 50 ha; watershed protection forests or bordering protection forests of from 20 ha to under 50 ha; wind/sand shielding protection forests and tide shielding/sea encroachment prevention forests of from 20 ha to under 500 ha; production forests of from 50 ha to under 1,000 ha.

- People’s Councils of provinces shall make decisions on repurposing of watershed protection forests, bordering protection forests, wind/sand shielding protection forests and tide shielding/sea encroachment prevention of under 20 ha; production forests under 50 ha; forests protecting water resources of communities.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE