Entities eligible for levy-free protection forests allocation in Vietnam

Entities eligible for levy-free protection forests allocation in Vietnam (Internet image)

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

1. What are protection forests?

According to Clause 3, Article 5 of the Law on Forestry 2017, 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.

2. Entities eligible for levy-free protection forests allocation in Vietnam

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.

(Clause 2, Article 16 of the Law on Forestry 2017)

3. Regulations on the use of protection forests in Vietnam

3.1. Use of forest products in protection forests

According to Article 55 of the Law on Forestry 2017, the use of forest products in protection forests is regulated as follows:

- Natural protection forests shall be entitled to use dead timber trees, broken trees, diseased trees or trees standing in places where forest density are higher than prescribed density.

- Natural protection forests shall use non-timber forest products as follows:

+ Use bamboos, bamboo shoots and fungi in protection forests when protection requirements are fulfilled;

+ Use non-timber forest products that do not affect capability of forest protection.

- In case of planted protection forests:

+ It is permitted to use supportive trees, trim or prune forests when planted trees have a density higher than prescribed density;

+ It is allowed to use primary trees when they reach usage standards by mode of selective harvest or clear-cut harvest in given forest strips or forest areas;

+ After using, forest owners shall regenerate or replant forests in the next season and continue to manage and protect them.

- Use of forest products in reserve forests shall comply with provisions stated herein and forest management regulations.

3.2. Combined forestry-agricultural-fishery production in protection forests

The combined forestry-agricultural-fishery production in protection forests shall comply with the provisions of Article 57 of the Law on Forestry 2017, specifically as follows:

- It is allowed to plant alternately agricultural plants and non-timber forest products; raise and plant aquatic products under forest canopies provided that capability of forest protection is not affected.

- It is allowed to use non-forested land for combined agricultural-forestry production provided that capability of forest protection is not affected.

- Combined forestry-agricultural-fishery production in protection forests shall comply with forest management regulations and other regulations of relevant law.

3.3. Scientific research, training, practice activities, ecotourism, hospitality and entertainment in protection forests

According to Article 56 of the Law on Forestry 2017, Scientific research, training, practice activities, ecotourism, hospitality and entertainment in protection forests are regulated as follows:

- Scientific research, training and practice activities in protection forests shall conform to forest management regulations and other regulations of relevant law.

- Forest owners shall conceive projects on ecotourism, hospitality or entertainment in protection forests and send them to competent state authorities for approval.

- Entities invested in ecotourism, hospitality or entertainment activities shall set up projects in compliance with regulations of relevant law and projects on ecotourism, hospitality or entertainment.

- Forest owners shall organize, cooperate, associate or lease out forest environment to entities so as to trade in ecotourism, hospitality or entertainment in forests provided that conservation of natural ecosystems, biodiversity, environmental landscapes and other functions of forests are not affected.

- Procedures for developing, assessing and approving projects on ecotourism, hospitality or entertainment and forestland area used for construction works serving ecotourism, hospitality or entertainment in protection forests shall conform to forest management regulations and other regulations of relevant law.

Nguyen Thi Hoai Thuong

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE