Chương 1 Nghị định 163/1999/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree provides for the assignment of forestry land by the State to organizations, households and individuals for stable and long-term use in the form of land assignment without collecting land use levy, and the leasing of forestry land by the State.

Article 2.- Forestry land

Forestry land prescribed in this Decree includes:

1. Land with natural forests, land with planted forests.

2. Land with no forests but planned to be used for forestrial purposes such as afforestation, marked off for tendering and protection for nature rehabilitation, forestry research and experimentation.

Article 3.- Use purposes of forestry land

The State shall assign and lease forestry land to organizations, households and individuals for stable and long-term use for forestrial purposes, which includes the following types:

1. Special-use forest land, which is the forestry land area planned for building and developing forests to preserve the nature; specimens of the national forest ecology, gene pools of forest flora and fauna; scientific research, protection of historical and cultural relics and scenic places, serving rest and recreation and tourism, protection of the ecological environment, including:

a/ National parks,

b/ Nature conservation forests;

c/ Cultural, historical, environment (landscape protection) forests.

2. Protection forest land, which is the forestry land area planned for building and developing forests mainly to protect water sources and soil, prevent erosion, reduce natural calamities, regulate the climate and contribute to the protection of the ecological environment, including:

a/ Headwater protection forest land, classified into very important protection areas, important protection areas and less important protection areas;

b/ Wind- or sand-shielding protection forest land;

c/ Sea wave-shielding or sea-encroaching protection forest land;

d/ Protection forest land to protect the ecological environment.

3. Production forest land, which is the forestry land area planned mainly for producing and dealing in forest trees, other forest products, forest specialties, forest fauna, in combination with protecting the ecological environment.

Article 4.- Objects to be assigned forestry land by the State

The State shall assign forestry land without collecting land use levy to the following objects:

1. Households and individuals directly engaged in forestry, agriculture, fishery and salt-making activities that yield the major source of income for their livelihood, which is certified by People’s Committees of the commune, ward or township where exists the forestry land;

2. The boards of management of special-use or protection forests;

3. State enterprises currently using forestry land assigned by the State prior to January 1st, 1999;

4. Forestry breeding stations, farms and enterprises, schools, vocational training schools;

5. Other organizations of different economic sectors that were assigned forestry land by the State prior to January 1st, 1999 under the Government’s Decree No. 02/CP of January 15, 1994 may continue to use such land until the expiry of the land assignment duration. Upon the expiry of the land assignment duration, they must shift to the forestry land-leasing form.

6. Units of the people’s armed forces using forestry land in combination with defense.

Article 5.- Objects to be leased forestry land by the State

The State shall lease land to the following objects for forestrial use:

1. Households and individuals, including those prescribed in Clause 1, Article 4 of this Decree, that have a demand and are capable of using forestry land for production and business;

2. Domestic organizations of all economic sectors;

3. Foreign organizations and individuals.