Chương III Luật lâm nghiệp 2017: Quản lý rừng

Chapter III

FOREST MANAGEMENT

Section 1. FOREST ALLOCATION, LEASE, REPURPOSING OR APPROPRIATION AND CONVERSION OF FOREST TYPES

Article 14. Rules for forest allocation, lease, repurposing and appropriation

1. Forest allocation, lease, repurposing and appropriation shall be in compliance with the national forestry planning, land use planning and forest area of provinces.

2. Natural forests shall not be repurposed, except for important national projects, projects for national security purposes or other urgent projects approved by the Government.

3. Disputed forest area shall not be allocated or leased out.

4. Forest owners shall not be entitled to lease out natural or planted forest area invested by the State to other organizations, households or individuals.

5. Forest and land allocation, lease, repurposing and appropriation shall ensure consistency.

6. Forest allocation or lease terms and limits shall be consistent with land allocation or lease terms and limits.

7. Forest allocation, lease, repurposing and appropriation shall ensure publicity and transparency with participation of local people; no discrimination against religions, beliefs or genders when allocating or leasing out forests.

8. Forest allocation, lease, repurposing and appropriation shall respect living space and customs of the communities; give priority to ethnic minority people, households, individuals and communities having traditional customs, culture or beliefs associated with forests and having local community rules in compliance with regulations of law.

Article 15. Bases for forest allocation, lease and repurposing

1. Plans for forest allocation, lease or repurposing of People’s Committees of districts adopted by People’s Committees of provinces; annual land use plans of districts approved by competent state authorities.

2. Forest or land area planned for afforestation.

3. Demand for using forests stated in investment projects of organizations or in enquiry forms of forest allocation, lease or repurposing of households, individuals or communities.

4. Capability to manage forest sustainably by organizations, households, individuals or communities.

Article 16. Forest allocation

1. The State shall allocate levy-free reserve forests to the following entities:

a) 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;

b) 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;

c) 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;

d) Communities having belief forests managed and used traditionally;

dd) Domestic business entities, science and technology institutions or vocational education and training centers in forestry having national forest nurseries alternate with allocated forest area.

2. The State shall allocate levy-free protection forests to the following entities:

a) 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;

b) Business entities having protection forests alternate with their production forest area;

c) 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;

d) 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.

3. The State shall allocate levy-free production forests to the following entities:

a) Households, individuals or communities legally residing in the communes where forests are located; armed force authorities;

b) Reserve forest management units or protection forest management units of production forests alternate with reserve forest/protection forest area allocated to them.

Article 17. Production forest for lease

The State shall lease out natural production forests or planted production forests with lump-sum or annual rent to business entities, households or individuals for forestry production; combined forestry-agricultural-fishery production; or trade in ecotourism, hospitality or entertainment.

Article 18. Conversion of forest types

1. Conversion from a forest type to another shall satisfy the following requirements:

a) The conversion is suitable for forestry planning;

b) The conversion meets criteria for forest classification;

c) The plan for conversion of forest types is available.

2. Power to convert types of forests:

a) The Prime Minister shall decide to convert types of forests that the Prime Minister established at the request of the Ministry of Agriculture and Rural Development;

b) The People’s Committee of province shall decide to convert types of forests not mentioned in Point a this Clause after People’s Council thereof makes a decision on conversion of forest types.

Article 19. Requirements for forest repurposing

1. Forest repurposing shall be in compliance with the national forestry planning, land use plans and planning.

2. Competent state authorities shall make decisions on forest repurposing.

3. Forest repurposing shall have investment projects approved by competent state authorities.

4. There shall be replacement afforestation plans approved by competent state authorities after payment for replacement afforestation is fully made.

Article 20. Power to make decisions on forest repurposing

1. 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.

2. 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.

3. 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.

Article 21. Replacement afforestation when forests are repurposed

1. A project manager whose land is allocated or rented and repurposing the forest shall plant a replacement forest equal to the area of the repurposed forest if it is a planted forest or increasing threefold the area of the repurposed forest if it is a natural forest.

2. The project manager mentioned in Clause 1 this Article shall develop the replacement afforestation plan to request the People’s Committee of province for approval if he/she plants the forest or pay an amount to the forest protection and development fund of the province if he/she does not plant the forest.

3. The amount paid to the forest protection and development fund of the province shall be the replacement afforestation area stated in Clause 1 this Article multiplied by the unit price per ha decided by the People’s Committee of province; People’s Committee of province shall decide to use the amount paid to such fund to carry out replacement afforestation in the province.

4. If the People’s Committee of province fails to arrange area used for replacement afforestation within 12 months from the day on which the project manager make full payment to the forest protection and development fund of the province, the amount of replacement afforestation shall be transferred to the national forest protection and development fund in order to organize replacement afforestation in another province.

5. The Minister of Agriculture and Rural Development shall specify contents, procedures and time limit for implementing replacement afforestation mentioned in this Article.

Article 22. Forest appropriation

1. The State shall appropriate the forest in the cases where:

a) The forest owner uses the forest for improper purposes, does not fulfill state obligations intentionally or commits serious violations against regulations of law on forestry;

b) The forest owner fails to carry out forest protection and development after 12 consecutive months from the day on which the forest is allocated or leased out, except for force majeure events confirmed by a competent state authority;

c) The forest owner voluntarily returns the forest;

d) The term of the forest allocated or leased out by the State expires without any extension;

dd) The forest is allocated or leased ultra vires or to a wrong subject;

e) The forest owner is an individual who dies without any heir;

g) Other cases of forestland appropriation prescribed in the Land Law.

2. The forest owner shall be entitled to receive compensation when the State appropriates the forest for national security purposes; socio-economic development for national and public interests; allocates or leases out the forest ultra vires or to a wrong subject.

Article 23. Power to allocate, lease out, repurpose or appropriate forests

1. Power of People’s Committees of provinces:

a) Allocate, lease out forests to, repurpose or appropriate forests of organizations;

b) Lease out land to foreign-invested enterprises for forest production planting in Vietnam.

2. Power of People’s Committees of districts:

a) Allocate, lease out forests to, repurpose or appropriate forests of households and individuals;

b) Allocate forests to, repurpose or appropriate forests of communities.

3. If the appropriated forest area include the subjects mentioned in Point a Clause 1 and Clause 2 this Article, People’s Committees of provinces shall make decisions on forest appropriation or authorize People’s Committees of districts to make decisions thereon.

4. The Government shall specify forest allocation, lease, repurposing, appropriation and conversion of forest types.

Section 2. FOREST MANAGEMENT

Article 24. Rules for forestry management

1. The State shall allocate, lease out, manage and protect forests and make sure that forest area is possessed.

2. Forest owners shall manage forests sustainably; manage, protect, develop and use forests in accordance with forest management regulations.

Article 25. Power to establish reserve forests and protection forests

1. The Prime Minister shall decide to establish reserve forests and protection forests that are of national or inter-provincial importance.

2. People’s Committees of provinces shall make decisions on establishing reserve forests and protection forests in other provinces that are not mentioned in Clause 1 this Article.

3. Reserve forests and protection forests shall be established according to forest management regulations.

Article 26. Reserve forest and protection forest management

1. Reserve forest management:

a) Reserve forest management units shall be established to manage national parks, species – habitat reserves or landscape protection areas provided that area of each park/reserve/area is at least 3,000 ha.

Each province shall set up a reserve forest management unit if the province has one or some natural reserves, species – habitat reserves or landscape protection areas provided that area of each reserve/area is under 3,000 ha;  

b) Organizations provided with forests used for scientific research or experiment purposes, national botanical gardens or national forest nurseries shall manage their own forests.

2. Protection forest management:

a) Protection forest management units shall be established to manage watershed or bordering protection forests provided that area of each forest is at least 5,000 ha; or wind/sand shielding protection forests or protection forests for tide shielding/sea encroachment prevention provided that area of each forest is at least 3,000 ha;

b) Other protection forests not mentioned in Point a this Clause shall be managed by business entities, households, individuals, communities or armed force authorities in provinces.

3. Reserve forests and protection forests shall be managed under forest management regulations.

Section 3. SUSTAINABLE FOREST MANAGEMENT

Article 27. Sustainable forest management plans

1. Responsibilities of developing and implementing sustainable forest management plans:

a) Sustainable forest management plans shall be developed and implemented by forest owners;

b) Forest owners that are households, individuals, communities or associated household and individuals are encouraged to develop and implement sustainable forest management plans.

2. Basic contents of the sustainable forest management plan applied to reserve forests include:

a) Assessment of natural and socio-economic conditions and national security; actual state of forest ecosystems, biodiversity, genetic resources of organisms, historical-cultural relics and landscapes;

b) Identification of sustainable forest management goal and scope;

c) Determining forest area in degraded functional areas to be rehabilitated and conserved;

d) Determination of forest management, protection, conservation, development and use;

dd) Solutions to and implementation of the plan.

3. Basic contents of the sustainable forest management plan applied to protection forests include:

a) Assessment of natural and socio-economic conditions and national security; actual state of forest resources;

b) Identification of sustainable forest management goal and scope;

c) Determining the protection of forests;

d) Determination of forest management, protection, development and use;

dd) Solutions to and implementation of the plan.

4. Basic contents of the sustainable forest management plan applied to production forests include:

a) Assessment of natural and socio-economic conditions; actual state of forest resources; productivity and income; assessment of markets affecting operation of forest owners;

b) Identification of sustainable forest management goal and scope;

c) Determination of forest products management, protection, development, use and trade;

d) Solutions to and implementation of the plan.

5. The Minister of Agriculture and Rural Development shall specify contents of sustainable forest management plans and procedures for developing and adopting such plans.

Article 28. Certificates of sustainable forest management

1. Certificates of sustainable forest management shall be issued to forest owners on the voluntary principle.

2. Forest owners shall be granted certificates of domestic or international sustainable forest management when they make sustainable forest management plans and satisfy criteria for sustainable forest management.

3. Organizations responsible for assessing and granting certificates of sustainable forest management in Vietnam shall comply with regulations of Vietnam law.

4. The Minister of Agriculture and Rural Development shall specify criteria for sustainable forest management.

Section 4. OPENING AND CLOSING OF NATURAL FORESTS

Article 29. Rules for opening and closing of natural forests

1. Ensure sustainable forest management and conserve forest resources and biodiversity.

2. Ensure publicity and transparency.

3. Ensure legitimate rights and interests of relevant authorities when opening or closing natural forests.

Article 30. Cases where natural forests are opened or closed

1. The natural forest shall be closed if:

a) Deforestation or illegal forest exploitation becomes complicated or has risks of declining forest resources seriously;

b) The poor natural forest needs to be restored; biodiversity and protection function of the forest degrade significantly.

2. Natural forests shall be opened after the problems mentioned in Clause 1 this Article have been solved.

3. Opening and closing of natural forests shall comply with forest management regulations.

Article 31. Power, procedures and publishing of decisions on opening and closing natural forests

1. The Prime Minister shall decide to open or close natural resources throughout the country or across multiple provinces/central-affiliated cities.

2. Chairpersons of People’s Committees of provinces shall decide to open or close natural forests located at their provinces after People’s Councils thereof have adopted plans for opening or closing of natural forests.

3. Decisions on opening or closing natural forests shall be publicly available.

4. Procedures for opening and closing of natural forests shall comply with forest management regulations.

Article 32. Responsibility of the State when closing natural forests

1. The State shall provide funding for natural production forest protection and development when natural forests are closed.

2. The Ministry of Agriculture and Rural Development shall direct and cooperate with the Ministry of Finance in requesting the Prime Minister to consider assisting forest owners when natural forests are closed according to the Prime Minister’s decision.

3. People’s Committees of provinces shall request People’s Councils thereof to consider assisting forest owners when natural forests are closed according to decision of Chairpersons of People’s Committees of provinces.

Section 5. INVESTIGATION, STOCKTAKING, DEVELOPMENT INSPECTION OF FORESTS AND FOREST DATABASE

Article 33. Forest investigation

1. Contents of forest investigation:

a) Forest investigation and classification; ranking importance of protection forests;

b) Investigating and assessing forest quality and forest development potential;

c) Investigating and assessing forest loss and degradation;

d) Investigating and assessing forest biodiversity;

dd) Developing and maintaining the forest development supervision system;

e) Assessing the greenhouse gas emission reduction due to finding solutions to limit forest loss and degradation, manage forests sustainably, conserve and increase forest carbon reserves.

2. Forest investigation shall be carried out as follows:

a) The Ministry of Agriculture and Rural Development shall implement and publish national forest investigation results every 5 years and according to each topic; direct implementation of provincial forest investigation;

b) People’s Committees of provinces shall carry out forest investigation in their provinces and publish its results.

3. The Minister of Agriculture and Rural Development shall specify contents of forest investigation; methods and procedures for forest investigation.

Article 34. Forest stocktaking

1. Forest stocktaking shall be done under orders of local authorities associated with specific forest managers nationwide to determine real area, forest reserves or land whose forests have not been planned for forestry; revise database on forests and non-forested land.

2. Basic contents of forest stocktaking:

a) Consolidating and processing information about forest resources;

b) Doing stocktaking of forest area and reserves of pieces of forest;

c) Doing stocktaking of forest area and reserves of forest owners;

d) Doing stocktaking of total forest area and reserves according to administrative levels;

dd) Making documents on management of pieces, plots or subzones of forests, forest owners and administrative authorities.

e) Publishing of forest stocktaking results.

3. Forest stocktaking shall be done every 10 years in accordance with the time for doing land stocktaking.

4. Forest owners shall do forest stocktaking and facilitate forestry authorities of provinces to carry out inspections if forest owners are organizations; or facilitate forestry authorities of districts if forest owners are households/individuals/communities; declare forest stocktaking figures according to specimens and take responsibility for their declaration.

5. Forestry authorities shall provide guidelines for and assist in techniques and carry out inspections and supervision of forest stocktaking; provide forest owners with funding for making forest stocktaking if they are households/individuals/communities.

6. The Minister of Agriculture and Rural Development shall specify contents of forest stocktaking; methods and procedures for making forest stocktaking.

Article 35. Inspection of forest development

1. Inspection of forest development shall be conducted every year in order to have a thorough grasp of area of types of forests or non-forested land; variation in area of forest types serving forest management, protection and development.

2. A piece of forest shall be the base unit to inspect forest development, gathered according to each forest plot or subzone of each forest owner and consolidated in communes/districts/provinces or nationwide.

3. The Minister of Agriculture and Rural Development shall specify this Article.

Article 36. Forest database

1. Forest database is an organized set of data on forests that is developed, updated and maintained to satisfy the needs of using information serving forest management, protection and development and other managing requirements; and is a part of the forestry information system.

2. Forest database includes:

a) Data on legislative documents related to forests;

b) Data on forest management, protection, development and use; conservation of nature, endangered/rare species, scientific research related to forests;

c) Data on forest investigation, stocktaking, development and results of greenhouse gas emission reduction related to forests;

d) Other data relevant to forests.

3. The Ministry of Agriculture and Rural Development shall ensure consistency of development and management of forest database across the country.