Chương 5 Luật Bảo vệ và Phát triển rừng 2004: Quyền và nghĩa vụ của chủ rừng

Chapter V

RIGHTS AND OBLIGATIONS OF FOREST OWNERS

Section 1. GENERAL PROVISIONS ON THE RIGHTS AND OBLIGATIONS OF FOREST OWNERS

Article 59.- Common rights of forest owners

1. To have their forest use rights and the right to use planted production forests recognized by competent State agencies.

2. To use forests for a stable, long term corresponding to the forest assignment or lease term as well as the land assignment or lease term.

3. To combine forestry-agricultural-fishery production according to the forest management regulations, except for special-use forests.

4. To enjoy their labor fruits and investment results on the assigned or leased areas; to sell such fruits and results to others.

5. To combine scientific research, landscape business, convalescence and eco- environmental tourism according to projects ratified by competent State bodies.

6. To be compensated for their labor fruits and investment results for forest protection and development according to the provisions of this Law and other relevant law provisions when the State issues decisions to recover forests.

7. To be provided with technical guidance and capital supports according to the State’s policies on forest protection and development and benefit from the public works of forest protection and improvement.

8. To have their legitimate rights and interests related to the assigned or leased forests protected by the State.

Article 60.- Common obligations of forest owners

1. To conserve forest funds and develop forests in a sustainable manner; to use forests for the right purposes within the boundaries defined in the forest assignment or lease decisions and according to the forest management regulations.

2. To organize forest protection and development according to the approved plannings, plans, projects and schemes.

3. To periodically report to competent State bodies on forest resource developments and activities related to forests according to the provisions of Clause 2, Article 32 of this Law.

4. To return forests to the State when the latter issues decisions to recover forests or when the forest-use terms expire.

5. To fulfill financial obligations and other obligations according to law provisions.

6. To observe the provisions of this Law and other law provisions; not to cause harms to legitimate interests of relevant organizations and individuals.

Section 2. RIGHTS AND OBLIGATIONS OF FOREST OWNERS BEING MANAGEMENT BOARDS OF SPECIAL-USE FORESTS OR PROTECTION FORESTS

Article 61.- Rights and obligations of special-use forest management boards

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To be assigned forests under package contracts according to forest protection and development plans already approved by competent State bodies and the Government’s regulations.

3. To lease forest landscapes to economic organizations for commercial eco- environmental tourism under projects already ratified by competent State bodies.

4. To conduct or cooperate with organizations and scientists in conducting scientific research according to plans already approved by competent State bodies.

5. To organize international cooperative activities within the ambit of their tasks and powers.

6. To formulate, and organize the implementa-tion of, forest protection rules.

7. To elaborate and submit to competent State bodies for approval forest management, protection and development schemes and implement the approved schemes.

Article 62.- Rights and obligations of protective forest management boards

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To exploit forest products in protection forests according to the provisions of Article 47 of this Law.

3. To exploit forest products according to the provisions of Clause 2, Article 55, Points b and d of Clause 2, Point a of Clause 3 and Clause 4 of Article 56, Clause 2 of Article 57 of this Law on the production forest areas intermingled in the protection forests assigned to them.

Section 3. RIGHTS AND OBLIGATIONS OF FOREST OWNERS BEING ECONOMIC ORGANIZATIONS

Article 63.- Rights and obligations of economic organizations assigned production forests being seeding forests by the State without the collection of forest use levies

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To sell products of seeding forests and forest saplings according to the forest management regulations.

3. To mortgage, provide guarantee or contribute capital with, the value of production forests planted with their own capital.

4. Not to convert, transfer, donate or lease forests or forest use rights; not to mortgage, provide guarantee or contribute capital with, the value of the right to use natural production forests or production forests planted with capital of the State budget origin.

5. The production and trading of forest saplings must comply with the legislation on plant varieties as well as legislation on forest protection and development.

Article 64.- Rights and obligations of economic organizations assigned production forests by the State with the collection of forest use levies or transferred with production forests

1. In cases where the paid forest use levies or forest transfer money amounts originate from the State budget, forest owners shall have the following rights and obligations:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

b/ To enjoy the added value of forests; to exploit forest products in production forests according to the provisions of Clause 2, Article 55, Points b and d of Clause 2, Point a

of Clause 3 and Clause 4 of Article 56, Clause 2 of Article 57 of this Law;

c/ To lease forests to organizations, households or individuals for combined forestry- agricultural-fishery production, landscape business, convalescence, eco-environmental tourism and scientific research according to the forest management regulations.

d/ Not to convert, transfer or donate the rights to use or own planted production forests;

dd/ To mortgage, provide guarantee or contribute capital with, only the added value of forest use rights, brought about by the forest owners’ investments as compared to that value determined at the time of forest assignment.

2. In cases where the paid forest use levies or forest transfer money amounts have not originated from the State budget, forest owners shall have the following rights and obligations:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

b/ To enjoy the added value of forests; to exploit forest products in production forests according to the provisions of Clause 2, Article 55, Points b and d of Clause 2, Point a of Clause 3 and Clause 4 of Article 56, Clause 2 of Article 57 of this Law;

c/ To transfer forest use rights and the ownership right over planted production forests; to mortgage, provide guarantee or contribute capital with, the value of forest use rights and value of planted production forests;

d/ To lease forests to organizations, households or individuals for combined forestry- agricultural-fishery production, landscape business, convalescence, eco-environmental tourism and investment in scientific research according to the forest management regulations.

Article 65.- Rights and obligations of economic organizations assigned protection forests by the State

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To exploit forest products in protection forests according to the provisions of Article 47 of this Law.

3. Not to convert, transfer, donate or lease the rights to use protection forests assigned by the State.

Article 66.- Rights and obligations of economic organizations leased production forests by the State

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To exploit forest products in production forests according to the provisions of Clause 2, Article 55, Points b and d of Clause 2, Point a of Clause 3 and Clause 4 of Article 56, Clause 2 of Article 57 of this Law.

3. To own trees, animals and property associated with the planted forests invested by forest owners themselves during the lease term.

4. To mortgage, provide guarantee or contribute capital with, only the added value of forest use rights, brought about by forest owners’ investments as compared to the forest use right value determined at the time of being leased with forests according to law provisions.

Article 67.- Rights and obligations of economic organizations leased protection forests or special-use forests being landscape protection areas by the State

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To exploit forest products in leased protection forests according to the provisions of Article 47 of this Law.

3. To exploit forest products in special-use forests being landscape protection areas according to the provisions of Article 51 of this Law.

Article 68.- Rights and obligations of economic organizations assigned or leased afforestation land by the State

1. Economic organizations assigned land by the State to plant production forests or protection forests with non-State budget capital shall have the following rights and obligations:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

b/ To own forest trees, animals and property on the land planted with forests;

c/ To exploit forest products according to the provisions of Clause 3 and Clause 4 of Article 47 and Clause 2 of Article 57 of this Law;

d/ To transfer, lease or donate land use rights; to mortgage, provide guarantee or contribute capital with, land use rights according to the provisions of land legislation;

dd/ To transfer, donate, lease or donate the value of planted production forests;

e/ To join domestic organizations, households or individuals as well as overseas Vietnamese by contributing capital with the value of planted production forests.

2. Economic organizations leased land by the State to plant production forests or protection forests shall have the following rights and obligations:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

b/ To own forest trees, animals and property on the land planted with forests;

c/ To exploit forest products according to the provisions of Clause 3 and Clause 4 of Article 47 and Clause 2 of Article 57 of this Law;

d/ To transfer or donate the planted production forests; to mortgage or provide guarantee with, the value of planted production forests at Vietnam-based credit institutions;

dd/ To join domestic organizations, households or individuals as well as overseas Vietnamese by contributing capital with the value of planted production forests.

Section 4. RIGHTS AND OBLIGATIONS OF FOREST OWNERS BEING HOUSEHOLDS AND INDIVIDUALS

Article 69.- Rights and obligations of households and individuals assigned protection forests by the State

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To build forests under the guidance of competent management agencies in charge of forests.

3. To exploit, use forests and fully tap forest products according to the provisions of Article 47 of this Law.

4. To swap the assigned forest areas with other households or individuals in the same communes, wards or townships; individuals may bequeath their forest use rights according to law provisions.

Article 70.- Rights and obligations of households and individuals assigned production forests by the State

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. For planted production forests, to exploit them according to the provisions of Clause 2, Article 57 of this Law; to transfer, donate, lease, mortgage, provide guarantee or contribute capital with, their value according to law provisions.

3. For natural production forests, to exploit them according to the provisions of Article 56 of this Law; to mortgage, provide guarantee or contribute capital with, only the added value of forest use rights, that is brought about by forest owners’ investments as compared to the forest use right value determined at the time of forest assignment according to law provisions.

4. Individuals may bequeath their forest use rights under law provisions.

Article 71.- Rights and obligations of households and individuals leased production forests by the State

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To enjoy the added value of forests, brought about by forest owners’ investments in the lease terms according to law provisions.

3. To mortgage, guarantee or contribute capital with, the value of planted production forests, which they have invested in according to law provisions.

4. For production forests planted with State budget capital:

a/ To exploit them according to the provisions of Point b, Clause 2, Article 57 of this Law;

b/ To transfer, sublease the forest use rights according to law provisions.

5. For natural production forests:

a/ To exploit them according to the provisions of Article 56 of this Law;

b/ To mortgage, provide guarantee or contribute capital with, only the added value of forest use rights, that is brought about by forest owners’ investments as compared to the forest use right value determined at the time of being leased forests according to law provisions.

Article 72.- Rights and obligations of households and individuals assigned or leased afforestation land by the State

1. Households and individuals assigned or leased afforestation land by the State shall have the following rights and obligations:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

b/ To own forest trees, animals and property on the land planted with forests;

c/ To exploit forest products according to the provisions of Clause 3 and Clause 4 of Article 47 and Clause 2 of Article 57 of this Law;

d/ To mortgage, provide guarantee or contribute capital with, land use rights according to the provisions of land legislation;

dd/ To transfer, donate or sublease planted production forests; to mortgage or provide guarantee with, the value of planted production forests; to join domestic organizations, households or individuals as well as overseas Vietnamese by contributing capital with the value of planted production forests; individuals may bequeath forests according to law provisions.

2. Households and individuals leased land by the State to plant production forests or protection forests shall have the following rights and obligations:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

b/ To own forest trees, animals and property on the land planted with forests;

c/ To exploit forest products according to the provisions of Article 47 and Article 57 of this Law;

d/ To transfer or donate planted production forests; to mortgage or provide guarantee with, the value of planted production forests at Vietnam-based credit institutions; individuals may bequeath forests according to law provisions;

dd/ To join domestic organizations, households or individuals as well as overseas Vietnamese by contributing capital with the value of planted production forests.

3. Households and individuals assigned or leased afforestation land by the State, if making investment by themselves in the application of measures to zone off for tending and regeneration or creation of production forests or protection forests on land without forests, shall also have the rights and obligations prescribed in Clause 1 of this Article in cases where they are assigned land; and shall have the rights and obligations prescribed in Clause 2 of this Article in cases where they are leased land.

Section 5. RIGHTS AND OBLIGATIONS OF OTHER FOREST OWNERS

Article 73.- Rights and obligations of forest owners being people’s armed force units People’s armed force units assigned protection forests or production forests without the collection of forest use levies shall have the following rights and obligations:

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

2. To exploit forest products in protection forests according to the provisions of Article 47 of this Law;

3. To exploit forest products in production forests according to the provisions of Clause 2 of Article 55, Points b and d of Clause 2, Point a of Clause 3, and Clause 4 of Article 56, and Clause 2 of Article 57, of this Law;

4. Not to swap, transfer, donate or lease forests or forest use rights; not to mortgage, provide guarantee or contribute capital with, the value of planted production forests or forest use right value.

Article 74.- Rights and obligations of forest owners being forestry scientific research and technological development, training and vocational training organizations

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To sell products of planted forests, forest saplings and other products according to the forest management regulations.

3. Not to swap, transfer, donate or lease forests or forest use rights; not to mortgage, provide guarantee or contribute capital with, the value of planted production forests or forest use right value.

Article 75.- Rights and obligations of forest owners being overseas Vietnamese assigned or leased planted production forests by the State

1. In cases where forest owners are overseas Vietnamese assigned planted production forests by the State with the collection of forest use levies or leased planted production forests with lump-sum payment of forest rents for the whole lease term, they shall have the following rights and obligations:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

b/ To own trees, animals and property on the land of planted production forests which forest owners have invested in;

c/ To mortgage, or provide guarantee with, the value of planted production forests at Vietnam-based credit institutions;

d/ To join domestic organizations, households and individuals as well as foreign organizations and individuals by contributing capital with the value of planted production forests;

dd/ To transfer, donate or sublease forests according to law provisions; individuals may bequeath forests under law provisions.

2. In cases where forest owners are overseas Vietnamese leased planted production forests by the State with the annual payment of forest rents:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

b/ To own trees, animals and property on the land of planted production forests which forest owners have invested in;

c/ To sublease forests to organizations, households or individuals for combined forestry- agricultural-fishery production, landscape business, convalescence, eco-environmental tourism and scientific research;

d/ To mortgage, provide guarantee or contribute capital with, the value of planted production forests which they have invested in according to law provisions.

Article 76.- Rights and obligations of forest owners being foreign organizations and individuals leased planted production forests by the State

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To exploit forest products in planted production forests according to the provisions of Clause 2 of Article 55 and Clause 2 of Article 57 of this Law.

3. To own trees, animals and property associated with planted forests in which forest owners have invested by themselves during the lease terms.

4. To mortgage, provide guarantee or contribute capital with, only the added value of forest use rights, brought about by foreign investors’ investments, as compared to the forest use right value determined at the time of being leased the forests.

Article 77.- Rights and obligations of forest owners being overseas Vietnamese assigned land by the State with the collection of land use levies to plant production forests under investment projects

1. To have the rights and obligations prescribed in Articles 59 and 60 of this Law.

2. To own trees, animals and property on the land planted with forests.

3. To exploit forest products according to the provisions of Clause 2, Article 57 of this Law.

4. To transfer, donate or lease the land use rights; to mortgage, provide guarantee or contribute capital with, the land use rights according to the provisions of land legislation.

5. To transfer, donate or lease planted production forests; individuals may bequeath forests under law provisions.

6. To join domestic organizations, households and individuals as well as overseas Vietnamese by contributing capital with the value of planted production forests;

Article 78.- Rights and obligations of forest owners being overseas Vietnamese, foreign organizations and individuals that are leased land by the State for afforestation under investment projects

1. Foreign owners being overseas Vietnamese, foreign organizations and individuals, that are leased land by the State to plant production forests with the lump-sum payment of land rents shall have the following rights and obligations:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

b/ To own trees, animals and property on the land planted with forests;

c/ To exploit forest products according to the provisions of Clause 2, Article 57 of this Law;

d/ To transfer, donate or sublease the land use rights; to mortgage, provide guarantee or contribute capital with, the land use rights according to the provisions of land legislation;

dd/ To transfer, donate or sublease planted production forests; individuals may bequeath forests under law provisions;

e/ To join domestic organizations, households and individuals as well as overseas Vietnamese by contributing capital with the value of planted production forests.

2. Foreign owners being overseas Vietnamese, foreign organizations and individuals, that are leased land by the State to plant production forests with the annual payment of land rents shall have the following rights and obligations:

a/ To have the rights and obligations prescribed in Articles 59 and 60 of this Law;

b/ To own trees, animals and property on the land planted with forests;

c/ To exploit forest products according to the provisions of Clause 2, Article 57 of this Law;

d/ To transfer or donate the planted forests; to mortgage or provide guarantee with, the value of planted production forests at Vietnam-based credit institutions.

dd/ To join domestic organizations, households and individuals as well as overseas Vietnamese by contributing capital with the value of planted production forests.