Tình trạng: Còn hiệu lực
Xem thêm:
- Pháp lệnh quy định việc Bảo vệ rừng (1972); Luật Bảo vệ và Phát triển rừng 1991 - 2004; Luật Lâm nghiệp (dự thảo)
- Ordinance on Forest Protection (1972); Law on Forest Protection and Development 1991 - 2004; Law on Forestry (draft)
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LAW
ON FOREST PROTECTION AND
DEVELOPMENT
(Law No. 29/2004/QH11; dated 03 Dec. 2004)
Pursuant
to the 1992 Constitution of the Socialist Republic of Vietnam, which was
amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001
of the 10th National Assembly, the 10th session;
This
Law provides for forest protection and development.
Chapter I
GENERAL PROVISIONS
Article
1. Regulation scope
This
Law provides for the management, protection, development and use of forests
(hereinafter referred collectively to as forest protection and development);
and forest ownersrsquo; rights and obligations.
Article 2. Application subjects
1.
This Law applies to State agencies, domestic organizations, households and
individuals, overseas Vietnamese as well as foreign organizations and
individuals involved in forest protection and development in Vietnam.
2.
In cases where international agreements which the Socialist Republic of Vietnam
has signed or acceded to contain provisions different from the provisions of
this Law, the provisions of such international agreements shall apply.
Article 3. Term interpretation
In
this Law the following terms are construed as follows:
1. Forest means an ecological system consisting of the populations of forest
fauna and flora, forest microorganisms, forestland and other environmental
factors, of which timber trees and bamboo of all kinds or typical flora
constitute the major components with the forest canopy cover of 0.1 or more.
Forests include planted forests and natural forests on production, protective
and special-use forestland.
2. Forest canopy cover means the degree of coverage of forest canopy over forestland,
which is indicated by the decimal fraction of the forestland covered by the
forest canopy to the forestland acreage.
3. Forest development means the plantation of new forests, post-exploitation
afforestation, the zoning off for forest regeneration and restoration, the
improvement of poor forests and the application of other bio-forestrial
techniques to increase forest areas, raise the value of bio-diversity, the
forest product-supplying capacity, the protection capacity and other values of
forests.
4. Forest owners mean organizations, households or individuals that are assigned or
leased forests or land for afforestation and have their forest use rights as
well as the ownership right over planted production forests recognized by the
State; or that are transferred forests from other forest owners.
5. Ownership right over planted
production forests means the forest owners;
right to possess, use and dispose of trees, animals and property associated
with planted forests, which have been invested by forest owners during the
forest-assignment or -lease terms for afforestation according to the provisions
of forest protection and development legislation and other relevant law
provisions.
6. Forest use rights mean the forest ownersrsquo; rights to exploit the utilities of,
and enjoy yields as well as profits from, forests; to lease the forest use
right via contracts in accordance with the provisions of forest protection and
development legislation and civil legislation.
7. Registration of forest use
rights and ownership right over planted production forests means the registration made by forest owners in order to have such
rights recognized by competent State agencies.
8. Recognition of forest use
rights and ownership right over planted production forests means the competent State agency recognizes such rights by way of
inscribing them in land use right certificates or cadastral dossiers in order
to establish the forest ownersrsquo; rights and obligations.
9. Forest use right value means the pecuniary value of forest use rights over a definite
forest acreage during a certain forest use term.
10. Value of planted production
forest means the pecuniary value of the ownership
right over a definite acreage of planted production forest.
11. Forest price means the money amount calculated on a forest acreage unit, either
prescribed by the State or formulated in the process of transactions on forest
use rights or ownership right over planted production forests.
12. Forest use levy means the money amount payable by a forest owner for a certain
forest acreage in cases where such owner is assigned forests by the State with
collection of forest use levy.
13. Village population community means all households and individuals living in the same village,
hamlet or equivalent unit.
14. Endangered, precious and rare
forest plant and animal species mean plant and animal species
of special economic, scientific and environmental value, which exist in small
quantities in the nature or are threatened to extinction and which are on the
lists of endangered, precious and rare forest plant and animal species subject
to management and protection regime prescribed by the Government.
15. Buffer zone means the forest area, land area or water-surface land area
bordering on a special-use forest that has the effect of preventing or reducing
the encroachment upon that special-use forest.
16. Strictly-protected zones of
special-use forests mean the areas subject to
intact preservation, strict management and protection to oversee natural
developments of the forests.
17. Ecological restoration zones of
special-use forests mean the areas subject to
strict management and protection for natural rehabilitation and regrowth of
forests.
18. Service-administrative zones of
special-use forests mean the areas used for
construction of working offices and facilities for daily-life activities of
special-use forest management boards, research and testing institutions, as
well as tourism, recreation and entertainment facilities.
19. Forest products mean products exploited from forests, covering forest plants and
animals and other forest organisms. Forest products include timbers and
non-timber products.
20. Forest statistics means the cadastral dossier-based synthesization and assessment of
the acreage and quality of assorted forests at the time of conducting the
statistical work and of forest changes at the interval between two statistical
times.
21. Forest inventory means the cadastral dossier-based and field synthesization and
assessment of the acreage, reserves and quality of assorted forests at the time
of inventory and of forest changes at the interval between two inventories.
Article 4. Forest classification
Based
on their major use purposes, forests are classified into three following kinds:
1.
Protection forests, which are used mainly to protect water sources and land,
prevent erosion and desertification, restrict natural calamities and regulate
climate, thus contributing to environmental protection, including:
a/
Headwater protection forests;
b/
Wind- and sand-shielding protection forests;
c/
Protection forests for tide shielding and sea encroachment prevention;
d/
Protection forests for environmental protection.
2.
Special-use forests, which are used mainly for conservation of nature,
specimens of the national forest ecosystems and forest biological gene sources;
for scientific research; protection of historical and cultural relics as well
as landscapes; in service of recreation and tourism in combination with
protection, contributing to environmental protection, including:
a/
National parks;
b/
Nature conservation zones, including nature reserves and species-habitat
conservation zones;
c/
Landscape protection areas, including forests of historical or cultural relics
as well as scenic landscapes;
d/
Scientific research and experiment forests.
3.
Production forests, which are used mainly for production and trading of timber
and non-timber forest products in combination with protection, contributing to
environmental protection, including:
a/
Natural production forests;
b/
Planted production forests;
c/
Seeding forests, including the selected and recognized planted forests and
natural forests.
Article 5. Forest owners
1.
The protective forest or special-use forest management boards, which are
assigned forests or land by the State for forest development.
2.
Economic organizations which are assigned or leased forests or land by the
State for forest development or which have their forest use rights and
ownership right over planted production forests recognized by the State or
which are transferred with such rights.
3.
Domestic households and individuals that are assigned or leased forests or land
by the State for forest development or that have their forest use rights and
ownership right over planted production forests recognized by the State or that
are transferred with such rights.
4.
People's armed force units which are assigned forests or land by the State
for forest development.
5.
Organizations involved in forestry-related scientific research and
technological development, training or vocational training, which are assigned
forests or land by the State for forest development.
6.
Overseas Vietnamese investing in Vietnam and assigned or leased forests or land
by the State for forest development.
7.
Foreign organizations and individuals investing in Vietnam and leased forests
or land by the State for forest development.
Article 6. The State's rights over forests
1.
The State uniformly manages and disposes of natural forests and forests
developed with the State's capital, forests being planted forests over
which the ownership right has been transferred from forest owners to the State;
forest wild animals; forest microorganisms; forest landscapes and environment.
2.
The State exercises the right to dispose of the forests prescribed in Clause 1
of this Article as follows:
a/
To decide on forest use purposes by approving and deciding on forest protection
and development plannings and plans;
b/
To stipulate forest assignment quotas and forest use terms;
c/
To decide on forest assignment, lease and recovery and permit the change of
forest use purposes;
d/
To evaluate forests.
3.
The State regulates forest benefit sources through the following financial
policies:
a/
To collect forest use levies and forest rents;
b/
To collect tax on forest use right transfer and transfer of the ownership right
over planted production forests.
4.
The State renders forest use rights to forest owners in the forms of forest
assignment, forest lease, recognition of forest use rights or ownership right
over planted production forests; and prescribes forests ownersrsquo; rights and
obligations.
Article 7. Contents of State management over forest protection and development
1.
Promulgating, and organizing the implementation of, legal documents on forest
protection and development.
2.
Elaborating, and organizing the implementation of, forestry development
strategies as well as forest protection and development plannings and plans
nationwide and in each locality.
3.
Organizing surveys, determination and delimitation of boundaries of forests of
all kinds on maps and on field, detailed to the administrative units of
communes, wards and townships.
4.
Conducting forest statistical and inventory work, monitoring changes in forest
resources and land for forest development.
5.
Assigning, leasing and recovering forests, changing forest use purposes.
6.
Compiling and managing dossiers on forest and land assignment and lease for
forest development; organizing registration and recognition of ownership right
over planted production forests and forest use rights.
7.
Granting and withdrawing permits of all kinds according to the provisions of
forest protection and development legislation.
8.
Organizing advanced scientific and technological research and application,
international cooperative relations and human resource training for forest
protection and development.
9.
Disseminating and popularizing forest protection and development legislation.
10.
Examining, inspecting and handling violations of forest protection and
development legislation.
11.
Settling forest disputes.
Article 8. State management responsibilities for forest protection and development
1.
The Government exercises the unified State management over forest protection
and development.
2.
The Ministry of Agriculture and Rural Development takes responsibility before
the Government for exercising the State management over forest protection and
development nationwide.
3.
The Ministry of Natural Resources and Environment, the Ministry of Public
Security, the Ministry of Defense and the other ministries as well as
ministerial-level agencies shall, within the ambit of their tasks and powers,
have to coordinate with the Ministry of Agriculture and Rural Development in
exercising the State management over forest protection and development.
4.
The People's Committees at all levels shall have to exercise the State
management over forest protection and development in their respective
localities according to their competence.
The
Government shall prescribe the organization, tasks and powers of specialized
forestry agencies from central to district levels and of forestry officers in
communes, wards and townships with forests.
Article 9. Forest protection and development principles
1.
Forest protection and development activities must ensure sustainable economic,
social, environmental, defense and security development; be in line with the
socio-economic development strategy and forestry development strategy; comply
with the national and local forest protection and development plannings and
plans; and comply with the forest management regulation issued by the Prime
Minister.
2.
To protect forests is the responsibility of all agencies, organizations,
households and individuals. Forest protection and development must ensure the
principles of managing forests in a sustainable manner; combining forest
protection and development with rational exploitation so as to promote the
efficiency of forest resources; closely combining afforestation, zoning off for
forest tending, regeneration and enrichment with protection of the existing
forest acreage; combining forestry with agriculture and fishery; boosting the
economic-forest plantation in association with development of the
forest-product processing industry with a view to raising the value of forest
products.
3.
Forest protection and development must be in line with the land-use plannings
and plans. The forest and land assignment, lease, recovery and use-purpose
change must comply with the provisions of this Law, the Land Law and other
relevant law provisions, ensuring long-term stability along the direction of
socialization of forestry.
4.
To ensure the harmony between the Statersquo;s and forest ownersrsquo;
interests; between the economic benefits of forests and the interests of
protection, environmental protection and nature conservation; between the
immediate and long-term interests, ensuring that forestry practitioners can
live mainly on forestry.
5.
Forest owners shall exercise their rights and perform their obligations in the
forest-use terms according to the provisions of this Law and other law
provisions, causing no harms to other forest ownersrsquo; legitimate interests.
Article 10. State's policies on forest protection and development
1.
The State adopts investment policies for forest protection and development in
association and synchronism with other socio-economic policies, prioritizing
investment in infrastructure construction, human resource development,
sedentarization and settlement, stabilization and improvement of the life of
highlanders.
2.
The State invests in activities of protecting and developing special-use
forests, protection forests and national seeding forests; protecting and
developing endangered, precious and rare forest plant and animal species;
conducting scientific research and application, technological development and
human resource training for forest protection and development; building a
modern system for forest management, forest statistics and inventory and
forest-resource change monitoring; building a specialized forest fire-fighting
force; investing in material and technical foundations and providing equipment
for forest fire fighting, prevention and elimination of organisms harmful to
forests.
3.
The State adopts policies to support the protection and enrichment of
production forests being poor natural forests and the plantation of production
forests of big and precious timber as well as specialty trees; to support
infrastructure construction in raw material forests; to promote forestry and
support people in areas that meet with many difficulties in forest development,
production organization, forest product processing and sale.
4.
The State encourages organizations, households and individuals to receive land
for forest development in the areas of uncultivated land and bare hills;
prioritizes the development and plantation of raw material forests in service
of various economic branches; diversifies forms of land lease and bidding for
afforestation; adopts policies on tax reduction and exemption for forest
planters as well as policies for credit institutions to lend capital for
afforestation at preferential interest rates, with grace terms or lending terms
suitable to plants of different species and ecological characteristics of each
region.
5.
The State adopts policies to develop forest product markets, to encourage
organizations, households and individuals of all economic sectors to invest in
development of the forest product processing industry and traditional craft
villages that process forest products.
6.
The State encourages insurance for planted forests and a number of forestry
production activities.
Article 11. Financial sources for forest protection and development
1.
The State budget allocations.
2.
Financial sources of forest owners, organizations, households and other
individuals investing in forest protection and development.
3.
The forest protection and development funds which are formed from the sources
of financial supports of domestic organizations, households and individuals,
foreign organizations and individuals as well as international organizations;
contributions of domestic organizations, households and individuals as well as
foreign organizations and individuals that exploit or use forests, process,
purchase, sell, import and/or export forest products, benefit from forests or
directly affect forests; and other revenue sources prescribed by law.
The
Government shall specify subjects and levels of contribution, cases entitled to
contribution exemption or reduction as well as the management and use of forest
protection and development funds.
Article 12. Prohibited acts
1.
Illegally logging or exploiting forests.
2.
Illegally hunting, shooting, catching, trapping, caging or slaughtering forest
animals.
3.
Illegally collecting specimens in forests.
4.
Illegally destroying forest resources or ecosystems.
5.
Violating regulations on forest fire prevention and fighting.
6.
Violating regulations on prevention and elimination of organisms harmful to
forests.
7.
Illegally encroaching upon, appropriating, or changing use purposes of,
forests.
8.
Illegally exploiting forest landscapes and environment as well as forestry
services.
9.
Illegally transporting, processing, advertising, trading in, using, consuming,
storing, exporting or importing forest plants and animals.
10.
Abusing onersquo;s positions and/or powers to act against the regulations on
forest management, protection and development.
11.
Grazing cattle in the strictly-protected zones of special-use forests,
newly-planted forests or coppices.
12.
Raising or releasing animals or planting trees, which are of species other than
the native ones in special-use forests without permission of competent State
agencies.
13.
Illegally exploiting biological resources, mineral resources and other natural
resources; altering natural landscapes and developments of forests; exerting
adverse impacts on the natural life of forest wildlife; illegally bringing
toxic chemicals, explosives or inflammables into forests.
14.
Illegally assigning, leasing forests; exchanging, transferring, inheriting,
donating, mortgaging, providing guarantee or contributing capital with forest
use right value or value of planted production forests.
15.
Destroying works in service of forest protection and development.
16.
Other acts of harming forest resources and ecosystems.
Chapter II
THE STATE'S RIGHTS
REGARDING FOREST PROTECTION AND DEVELOPMENT
Section 1
FOREST PROTECTION AND
DEVELOPMENT PLANNINGS AND PLANS
Article
13. Principles for elaboration of forest protection and development
plannings and plans
1.
Forest protection and development plannings and plans must be compatible with
the national and local overall socio-economic, defense and security development
plannings and plans; the forestry development strategies, the land-use
plannings and plans. Forest protection and development plannings and plans of
all levels must ensure consistency and synchronism.
2.
Forest protection and development plannings and plans must be elaborated in
line with land-use plannings and plans. In cases where it is necessary to
convert land under natural forests into land for other use purposes, new
forest-planting plans shall be required to ensure the sustainable development
of forests in each locality and across the country.
3.
In order to raise their efficiency, feasibility and quality, forest protection
and development plannings and plans must ensure the thrifty, sustainable and
efficient exploitation and use of forest resources; the protection of forest
ecosystems, historical and cultural relics as well as scenic places and
landscapes; and the building of infrastructure and development of human
resources.
4.
The elaboration of forest protection and development plannings and plans must
ensure democracy and publicity.
5.
Forest protection and development plans must be compatible with forest
protection and development plannings already approved and decided by competent
State agencies.
6.
Forest protection and development plannings and plans must be elaborated and
approved or decided by competent State agencies in the final year of the
preceding planning or plan period.
Article 14. Bases for elaboration of forest protection and development plannings and plans
1.
The elaboration of forest protection and development plannings must be based on
the following:
a/
The socio-economic, defense and security development strategies and overall
plannings, and the forestry development strategies;
b/
The land-use plannings of the whole country and of each locality;
c/
The results of implementation of forest protection and development plannings in
the preceding period;
d/
The natural, living and socio-economic conditions as well as financial
capabilities;
e/
The current status and forecasts on the demand for, and capabilities of using,
forests and land for afforestation, of organizations, households and
individuals.
2.
The elaboration of forest protection and development plans must be based on the
following:
a/
The forest protection and development plannings already approved by competent
State agencies;
b/
The land-use plans;
c/
The results of implementation of forest protection and development plans in the
preceding period;
d/
The natural, living, socio-economic conditions and financial capabilities;
e/
The demand for, and capabilities of using, forests and land for afforestation,
of organizations, households and individuals.
Article 15. Contents of forest protection and development plannings and plans
1.
The contents of forest protection and development plannings cover:
a/
Study, synthesis and analysis of natural, socio-economic, defense and security
conditions, land-use plannings and current status of forest resources;
b/
Assessment of the situation on implementation of forest protection and
development plannings in the preceding period, and forecast of demands for
forests and forest products;
c/
Orientations and objectives of forest protection, development and use in each
planning period;
d/
The area and distribution of assorted forests in the planning period;
e/
Measures for management, protection, use and development of assorted forests;
f/
Solutions to implementation of forest protection and development plannings;
g/
Forecast of the efficiency of forest protection and development plannings.
2.
The contents of forest protection and development plans cover:
a/
Analysis and assessment of the implementation of forest protection and
development plans in the preceding period;
b/
Demands for assorted forest areas as well as for forestry products and
services;
c/
Solutions to, programs and projects on, the implementation of forest protection
and development plans;
d/
Implementation of the five-year and annual forest protection and development
plans.
Article 16. Forest protection and development planning and plan periods
1.
Forest protection and development planning and plan periods must correspond to
the socio-economic, defense and security development strategy and planning
periods of the whole country and of each locality.
2.
A forest protection and development planning period shall be 10 years.
3.
A forest protection and development plan period shall be five years and each
plan shall be concretized into annual forest protection and development plans.
Article 17. Responsibilities for elaboration of forest protection and development plannings and plans
1.
The Ministry of Agriculture and Rural Development shall organize the
elaboration of national forest protection and development plannings and plans.
2.
The provincial/municipal People's Committees shall organize the
elaboration of forest protection and development plannings and plans of their
localities.
3.
The People's Committees of rural districts, urban districts, provincial
towns and cities shall organize the elaboration of forest protection and
development plannings and plans of their respective localities.
4.
The commune/ward/township People's Committees shall organize the
elaboration of forest protection and development plannings and plans of their
respective localities under the guidance of the immediate superior
People's Committees.
Article 18. Competence to approve and decide on forest protection and development plannings and plans, and decide on the establishment of forests
1.
The competence to approve forest protection and development plannings is
prescribed as follows:
a/
The Prime Minister shall approve national forest protection and development
plannings, submitted by the Minister of Agriculture and Rural Development;
b/
The presidents of the provincial/municipal People's Committees shall
approve forest protection and development plannings of their respective
provinces or centrally-run cities, after getting the written evaluation
opinions of the Ministry of Agriculture and Rural Development and the approval
by the People's Councils of the same level;
c/
The provincial/ municipal People's Committees shall approve forest
protection and development plannings of the People's Committees of rural
districts, urban districts, provincial towns or cities;
d/
The People's Committees of rural districts, urban districts, provincial
towns or cities shall approve forest protection and development plannings of
commune/ward/township People's Committees.
2.
The competence to approve and decide on forest protection and development plans
is prescribed as follows:
a/
The Prime Minister shall approve the national plans on forest protection and
development, submitted by the Minister of Agriculture and Rural Development;
b/
The People's Committees of all levels shall elaborate forest protection
and development plans of their respective localities and submit them to the
People's Councils of the same level for decision.
3.
The competence to decide on the establishment of forests is prescribed as
follows:
a/
The Prime Minister shall decide on the establishment of protection forests and
special-use forests, which are of national or inter-provincial importance and
submitted by the Minister of Agriculture and Rural Development;
b/
The presidents of provincial/ municipal People's Committees shall decide on
the establishment of protection forests, special-use forests and production
forests in their localities according to the approved forest protection and
development plannings.
Article 19. Adjustment of forest protection and development plannings and plans, establishment of forests
1.
The adjustment of forest protection and development plannings and plans must be
based on the following:
a/
The adjustment, if any, of socio-economic development, defense or security
targets or adjustment of land-use plannings and plans by competent State
agencies, which affects forest protection and development plannings and plans;
b/
The adjustment, if any, of forest protection and development plannings and plans
by the immediate superior authorities, which affects forest protection and
development plannings and plans;
c/
The urgent requirements for performance of socio-economic, defense or security
tasks.
2.
The State agencies which are competent to approve or decide on forest
protection and development plannings and plans shall also be competent to
adjust such plannings and plans.
3.
The contents of adjustment of forest protection and development plannings shall
constitute part of such plannings. The contents of adjustment of forest
protection and development plans shall constitute part of such plans.
4.
The State agency which is competent to decide on the establishment of a forest
shall also be competent to adjust the establishment of such forest.
Article 20. Publicization of forest protection and development plannings and plans
Within
30 days after they are approved by competent State agencies, forest protection
and development plannings and plans must be publicized according to the
following stipulations:
1.
The People's Committees at all levels shall have to publicize forest
protection and development plannings and plans of their respective localities;
2.
Forest protection and development plannings and plans shall be publicized at
the People's Committee offices throughout their effective period.
Article 21. Implementation of forest protection and development plannings and plans
1.
The Ministry of Agriculture and Rural Development shall organize and direct the
implementation of national forest protection and development plannings and
plans; inspect and evaluate the implementation of provincial/municipal forest
protection and development plannings and plans.
The
People's Committees of provinces and centrally-run cities, rural and urban
districts, provincial towns and cities shall organize and direct the
implementation of forest protection and development plannings and plans of
their respective localities; inspect and evaluate the implementation of forest
protection and development plannings and plans of the immediate subordinates.
The
commune/ ward/ township People's Committees shall organize and direct the
implementation of forest protection and development plannings and plans of
their respective localities.
2.
For forest and afforestation land areas stated in the publicized local forest
protection and development plannings and plans, which must be recovered but
have not yet recovered by the State, the forest owners may continue using them
for the purposes which have already been determined before the publicization of
forest protection and development plannings and plans. In cases where forest
owners have no demand for further use, the State shall recover forests or
afforestation land and pay compensations or supports according to law
provisions. After three years, if a forest protection and development plan
cannot be implemented, the State agency competent to approve that plan must
cancel it, adjust the planning and make public announcement thereon.
3.
The competent agencies defined in Clause 1 of this Article shall inspect and
evaluate the results of implementation of forest protection and development
plannings and plans once every three years and every year, respectively.
Section 2
FOREST ASSIGNMENT, LEASE
AND RECOVERY, CHANGE OF FOREST USE PURPOSES
Article
22. Principles for forest assignment, lease and recovery and change of
forest use purposes
1.
The assignment, lease and recovery of forests as well as the change of forest
use purposes must be effected by the right competent authorities.
2.
The forest assignment, lease or recovery or the change of forest use purposes
must be effected simultaneously with the land assignment, lease or recovery or
change of land use purposes or grant of land-use right certificates.
3.
The forest assignment or lease terms and limits must correspond to the land
assignment or lease terms and limits prescribed by land legislation.
Article 23. Bases for forest assignment and lease and forest use-purpose change
The
forest assignment and lease as well as forest use-purpose change must be based
on the following:
1.
The forest protection and development plannings and plans already approved and
decided by competent State agencies;
2.
The forest fund, the land fund for production forests, protection forests and
special-use forests;
3.
The demands and capacities of organizations, households and individuals, as
reflected in the investment projects or the applications for land or forest
assignment, land or forest lease, land- or forest-use purpose change.
Article 24. Assignment of forests
1.
The State shall assign special-use forests without the collection of forest use
levies to special-use forest management boards, scientific research and
technological development institutions and forestry-training and vocational
training establishments for special-use forest management, protection and
development according to the approved and decided plannings and plans.
2.
The State shall assign protection forests without the collection of forest use
levies to protective forest management boards, economic organizations,
people's armed force units, households and individuals living therein for
management, protection and development according to the plannings and plans
approved and decided in accordance with protective-forest land assignment under
the provisions of the Land Law.
3.
The assignment of production forests is prescribed as follows:
a/
The State shall assign natural production forests and planted production
forests without the collection of forest use levies to households and
individuals living therein and directly involved in forestrial labor in line
with the assignment of land for production forest development according to the
provisions of the Land Law; to economic organizations for production of forest
plant saplings; to peoplersquo;s armed force units for use in combination with
defense and security tasks; and to protective forest management boards in cases
where production forests are intermingled with protection forests already
assigned to them;
b/
The State shall assign natural production forests or planted production forests
with the collection of forest use levies to economic organizations;
c/
The State shall assign planted production forests with the collection of forest
use levies to overseas Vietnamese who invest in Vietnam for execution of
forestry investment projects according to law provisions on investment;
d/
The Government shall prescribe in detail the assignment of production forests.
Article 25. Lease of forests
1.
The State shall lease protection forests to economic organizations with the
annual rent payment, for forest protection and development in combination with
forestry-agricultural-fishery production, landscape business, convalescence
and/or eco-environmental tourism.
2.
The State shall lease special-use forests being landscape protection zones to
economic organizations with the annual rent payment, for forest protection and
development in combination with landscape business, convalescence and/or
eco-environmental tourism.
3.
The State shall lease production forests to domestic economic organizations,
households and individuals with the annual rent payment, for forestry
production, for combined forestry-agricultural-fishery production, landscape
business, convalescence and/or eco-environmental tourism.
4.
The State shall lease planted production forests to overseas Vietnamese,
foreign organizations and individuals with the lump-sum rent payment for the
whole lease term or with the annual rent payment, for execution of forestry
investment projects according to the provisions of investment legislation, for
combined forestry-agricultural-fishery production, landscape business,
convalescence and/or eco-environmental tourism.
The
Government shall prescribe the lease of natural forests to overseas Vietnamese,
foreign organizations and individuals.
Article 26. Recovery of forests
1.
The State shall recover forests in the following cases:
a/
The State uses forests and afforestation land for defense, security purposes or
national interests;
b/
The State needs to use forests and afforestation land for public interests or
economic development under the approved plannings and plans;
c/
The organizations assigned forests by the State without the collection of
forest use levies or with the collection of forest use levies of the State
budget origin or with the annual rent payment are dissolved, go bankrupt, move
to other places, reduce or no longer have the forest use demand;
d/
Forest owners return forests on their own will;
e/
Forests are assigned or leased by the State for definite terms that have
expired without extension;
f/
For twelve consecutive months after being assigned or leased protection
forests, special-use forests or production forests for forest protection and
development, forest owners fail to conduct forest protection and development
activities;
g/
For twenty four consecutive months after being assigned or leased land for
forest development, forest owners fail to conduct forest development activities
according to plannings and plans already approved by competent State agencies;
h/
Forest owners use forests for wrong purposes, intentionally not fulfilling
their obligations toward the State or seriously violating law provisions on
forest protection and development;
i/
Forests are assigned or leased ultra vires or to the wrong subjects;
j/
Forest owners are individuals who die without heirs as prescribed by law.
2.
When the State recovers the entire or part of their forests, forest owners
shall be compensated for their labor fruits, investment results or recovered
property, except for cases prescribed in Clause 3 of this Article.
The
compensation upon forest recovery by the State shall take the form of
assignment or lease of other forests for the same use purpose; assignment of
land for the plantation of new forests; compensation in kind or cash at the
time of issuance of forest recovery decisions.
In
cases where forests are recovered from forest owners directly engaged in
production according to the provisions of Points a and b, Clause 1 of this
Article but no forests are available for compensation, apart from compensations
in kind or cash, the persons having recovered forests shall also enjoy the
Statersquo;s supports for life stabilization, training for job change.
3.
The following cases shall not be entitled to compensation upon forest recovery
by the State:
a/
Cases specified at Points f, g, h, i and j, Clause 1 of this Article;
b/
Forests are assigned or leased by the State with the investment capital
originating from the State budget, including forest use levies, proceeds from
the transfer of forest use rights, proceeds from the transfer of the ownership
right over planted production forests; and money invested for forest protection
and development.
Article 27. Change of forest use purposes
1.
The change of the use purposes of protection forests, special-use forests or
production forests to other use purposes and the conversion of the use purpose
of a kind of forest to that of another kind of forest must accord with the
approved forest protection and development plannings and plans and be permitted
by the competent State agencies defined in Clause 2, Article 28 of this Law.
2.
The change of the use purpose of natural forests to another use purpose must be
based on the conversion criteria and conditions prescribed by the Government.
Article 28. Competence to assign, lease and recover forests, and change forest use purposes
1.
The competence to assign, lease and recover forests is prescribed as follows:
a/
The provincial/municipal People's Committees shall decide on assignment
and lease of forests to domestic organizations and overseas Vietnamese; and
lease of forests to foreign organizations and individuals;
b/
The People's Committees of rural and urban districts, provincial towns and cities shall decide on
assignment and lease of forests to households and individuals;
c/
The competent People's Committees that assign or lease forests shall also
be competent to recover such forests.
2.
The competence to change the forest use purposes is prescribed as follows:
a/
The Prime Minister shall decide to change the use purposes of the entire or
part of forests he/she has established;
b/
The presidents of provincial/municipal People's Committees shall decide to
change the use purposes of the entire or part of forests they have established.
Section 3
ASSIGNMENT OF FORESTS TO
VILLAGE POPULATION COMMUNITIES; RIGHTS AND OBLIGATIONS OF VILLAGE POPULATION
COMMUNITIES WITH ASSIGNED FORESTS
Article
29. Assignment of forests to village population communities
1.
The conditions for assignment of forests to village population communities are
prescribed as follows:
a/
The village population communities have the same customs, practices and
traditions of close community association with forests in their production,
life, culture and belief; are capable of managing forests; have demand and file
applications for forest assignment;
b/
The assignment of forests to village population communities must be in line
with the approved forest protection and development plannings and plans; and
match the capacity of the local forest funds.
2.
Village population communities shall be assigned the following forests:
a/
Forests which they are managing or using efficiently;
b/
Forests which hold water sources in direct service of the communities or other
common communal interests and cannot be assigned to organizations, households
or individuals.
c/
Forests which lie in the areas adjoining villages, communes or districts and
cannot assigned to organizations, households or individuals and must be
assigned to village population communities for the sake of the communal
interests.
3.
The competence to assign forests to and recover forests from village population
communities is prescribed as follows:
a/
The People's Committees of rural or urban districts, provincial towns or
cities shall, basing themselves on the approved forest protection and
development plannings and plans as well as the provisions of Clauses 1 and 2 of
this Article, decide on forest assignment to village population communities;
b/
The People's Committees of rural or urban districts, provincial towns or
cities shall have the competence to recover forests from village population
communities according to the provisions of Points a, b, d, e, f, h and i,
Clause 1, Article 26 of this Law or when such communities move to other places.
Article 30. Rights and obligations of village population communities with assigned forests
1.
Village population communities with assigned forests shall have the following
rights:
a/
To have the forest use rights recognized by competent State bodies for stable
and long term corresponding to the forest assignment term;
b/
To exploit and use forest products and other forest yields for public purposes
and domestic use for community members; to conduct combined
forestry-agricultural-fishery production according to this Lawrsquo;s
provisions and forest management regulation;
c/
To enjoy their labor fruits and investment results from the assigned forest
areas;
d/
To be provided with technical guidance and capital supports according to the
Statersquo;s policies for forest protection and development and benefit from
forest protection and improvement works;
e/
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 forest recovery decisions.
2.
Village population communities with assigned forests shall have the following
obligations:
a/
To formulate forest protection and development rules compatible with this
Law's provisions and other relevant law provisions, submit them to the
People's Committees of rural or urban districts, provincial towns or cites
for approval and organize the implementation thereof;
b/
To organize forest protection and development, periodically report to competent
State agencies on changes of forest resources and activities related to forests
under the guidance of commune/ward/township People's Committees;
c/
To fulfill financial obligations and other obligations under law provisions;
d/
To return forests when the State issues forest recovery decisions or upon the
end of the forest assignment term;
e/
Not to divide forests among their members; not to convert, transfer, donate,
lease, mortgage, provide guarantee or contribute business capital with, the
value of the use rights over the assigned forests.
Section 4
REGISTRATION OF FOREST USE
RIGHTS, OWNERSHIP RIGHT OVER PLANTED PRODUCTION FORESTS; FOREST STATISTICS AND
INVENTORY, MONITORING OF FOREST RESOURCE DEVELOPMENTS
1.
Forest owners may register forest use rights and ownership right over planted
production forests.
2.
The first-time registration and registration of changes in forest use rights
must be conducted simultaneously with the land use right registration according
to the provisions of land legislation and forest protection and development
legislation.
3.
The registration of ownership right over planted production forests shall
comply with the civil legislation's provisions on property registration.
Article 32. Forest statistics and inventory, monitoring of forest resource developments
1.
The forest statistics and inventory and monitoring of forest resource
developments are prescribed as follows:
a/
The forest statistical work shall be conducted annually and publicized in the
first quarter of the subsequent year;
b/
The forest inventory shall be conducted once every five years and publicized in
the second quarter of the subsequent year;
c/
The monitoring of forest resource developments shall be conducted regularly;
d/
The units subject to forest statistics and inventory as well as monitoring of
forest resource developments are communes, wards and townships.
2.
The responsibilities for forest statistics and inventory as well as monitoring
of forest resource developments are prescribed as follows:
a/
Forest owners shall have to make forest statistics and inventory and monitor
forest resource developments under the guidance of, and submit to the
inspection by, specialized forestry agencies of the provinces and centrally-run
cities, if they are domestic organizations, overseas Vietnamese, foreign
organizations or individuals investing in Vietnam; or specialized forestry
agencies of urban districts, rural districts, provincial towns or cities, if
they are domestic households or individuals;
b/
Forest owners shall have to declare data of forest statistics and inventory as
well as forest resource developments according to the forms set by
commune/ward/township People's Committees;
c/
The commune/ ward/ township People's Committees shall have to declare forest
statistical and inventory data for forest areas under their direct management,
which have not yet been assigned or leased;
d/
The People's Committees at all levels shall have to organize and inspect
forest statistics and inventory as well as the monitoring of forest resource
developments;
e/
The People's Committees of lower level shall have to report on the results
of forest statistics and inventory and forest resource developments to the
People's Committees of higher level; the provincial/municipal
People's Committees shall report on the results of forest statistics and
inventory and forest resource developments to the Ministry of Agriculture and
Rural Development;
f/
The Ministry of Agriculture and Rural Development shall assume the prime
responsibility for, and coordinate with the Ministry of Natural Resources and
Environment in, inspecting and synthesizing the annual forest statistical
results and five-year forest inventory results.
g/
The Government shall periodically report to the National Assembly on the status
and changes of forest resources.
3.
The Ministry of Agriculture and Rural Development shall assume the prime
responsibility for, and coordinate with the Ministry of Natural Resources and
Environment and the Central Statistical Agency in, prescribing the contents and
forms and guiding the methods of forest statistics and inventory as well as
monitoring of forest resource developments.
Section 5
FOREST PRICES
Article
33. Forest prices
1.
The determination and publicization of forest prices are prescribed as follows:
a/
The Government shall prescribe principles and methods for determination of
prices of forests of all kinds;
b/
Based on the Government-prescribed principles and methods for determination of
prices of forests of all kinds, the provincial/municipal People's
Committees shall set specific prices of forests in their localities, submit
them to the People's Councils of the same level for approval before
decision and publicization.
2.
Forest prices shall be formulated in the following cases:
a/
They are prescribed by the provincial/municipal People's Committees;
b/
They are the results of auction of forest use rights or ownership right over
planted production forests;
c/
They are agreed upon by forest owners and relevant persons when exercising the
right to transfer, lease, sublease, mortgage or contribute capital with the
value of forest use rights or value of planted production forests.
3.
Forest prices prescribed by the provincial/municipal People's Committees
shall be used as basis for:
a/
Calculation of land use levies and land rents when the State assigns or leases
forests without going through auctions of forest use rights or ownership right
over planted production forests;
b/
Calculation of assorted taxes, charges and fees according to law provisions;
c/
Calculation of the forest use right value when the State assigns forests
without the collection of forest use levies;
d/
Compensation when the State recovers forests;
e/
Calculation of compensation money payable by persons committing acts of
violating the legislation on forest protection and development, causing harms
to the State.
Article 34. Auction of forest use rights and ownership right over planted production forests
1.
The auction of forest use rights and ownership right over planted production
forests shall be conducted in the following cases:
a/
The State assigns forests with the collection of forest use levies or lease
forests for forest protection and development;
b/
For the handling of property being forests upon judgment execution;
c/
For the handling of contracts on mortgage of, or guarantee provision with,
forest use right value or value of planted production forests for debt
recovery;
d/
Other cases prescribed by the Government.
2.
The winning prices of auctions of forest use rights and ownership right over
planted production forests must not be lower than the forest prices prescribed
by the provincial/municipal Peoplersquo;s Committees.
3.
The auction of forest use rights and ownership right over planted production
forests prescribed in Clause 1 of this Article must comply with the provisions
of the auction legislation.
Article 35. Value of forest use rights, value of planted production forests in the assets of organizations assigned forests by the State without the collection of forest use levies, and in the assets of State enterprises
1.
For organizations which are assigned forests by the State without the
collection of forest use levies, the value of forest use rights and the value
of planted production forests shall be accounted into the value of assets
assigned to such organizations.
2.
For State enterprises which are assigned forests by the State with the
collection of forest use levies or transferred with forest use rights and have
paid the forest use levies or forest transfer money originating from the State
budget, such money amounts shall be included in the value of the State capital
at the enterprises.
3.
Upon the equitization of State enterprises in the cases prescribed in Clause 2
of this Article, if the equitized enterprises opt for the form of assignment of
forests with the collection of forest use levies, the value of forest use
rights and the value of planted production forests must be re-determined.
4.
The Government shall prescribe in detail the calculation of the forest use
right value and the value of planted production forests in the cases defined in
Clauses 1, 2 and 3 of this Article.
Chapter III
FOREST PROTECTION
Section 1
RESPONSIBILITIES FOR
FOREST PROTECTION
Article
36. Forest protection responsibilities of the entire people
1.
State agencies, organizations, village population communities, households and
individuals shall have to protect forests and strictly abide by forest
protection regulations under the provisions of this Law, the legislation on
fire prevention and fighting, the legislation on plant protection and
quarantine, the legislation on veterinary and other relevant law provisions.
2.
Organizations, households and individuals operating in or by the forests shall
have to observe the forest protection regulations; promptly notify competent
State bodies or forest owners of forest fires, organisms harmful to forests and
acts of violating the regulations on forest management and protection; and submit
to human resource and means mobilization by competent State bodies in case of
forest fires.
Article 37. Forest protection responsibilities of forest owners
1.
Forest owners have to protect their forests; work out and implement plans and
measures to protect forest ecosystems; prevent and fight forest logging;
prevent and fight the illegal hunting, catching and trapping of forest animals;
prevent and fight forest fires; prevent and eliminate forestsrsquo; harmful
organisms under the provisions of this Law, the land legislation, the
legislation on fire prevention and fighting, the legislation on plant
protection and quarantine, the legislation on veterinary and other relevant law
provisions.
2.
Forest owners that fail to abide by the provisions of Clause 1 of this Article,
causing loss of forests assigned or leased by the State shall be heldnbsp; responsible therefore according
to law provisions.
Article 38. Forest protection responsibilities of the Peoplersquo;s Committees at all levels
1.
The provincial/municipal People's Committees shall have to:
a/
Promulgate legal documents falling within their competence on management and
protection of forests in localities;
b/
Organize the forest protection and development legislation dissemination,
popularization and education;
c/
Organize and direct forest fire prevention and fighting, prevention and
elimination of organisms harmful to forests in localities; direct and examine
the protection of special-use forests and protection forests; and organize
forest exploitation according to the Government's regulations;
d/
Direct the organization of forest protection networks, mobilize and coordinate
forces to prevent all acts that cause harms to forests in localities;
e/
Inspect and examine the observance of forest protection and development
legislation in localities; and sanction administrative violations in the domain
of forest management and protection according to law provisions.
2.
The People's Committees of rural districts, urban districts, provincial
towns or cities shall have to:
a/
Guide and direct the implementation of the State's laws, policies and
regimes on forest management, protection and exploitation within their
respective localities;
b/
Direct and organize the forest protection and development legislation
dissemination, popularization and education;
c/
Direct commune/ward/township People's Committees in applying measures for
forest protection and forest-product exploitation according to law provisions;
d/
Mobilize and coordinate forces in localities in order to prevent all acts that
cause harms to forests to prevent and fight forest fires and prevent organisms
harmful to forests;
e/
Inspect and examine the observance of laws, policies and regimes on forest
management and protection in localities; and sanction administrative violations
in the domain of forest management and protection according to law provisions.
3.
The commune/ward/township People's Committees shall have to:
a/
Guide and direct the implementation of the State's laws, policies and
regimes on forest management, protection and exploitation in their respective
localities;
b/
Direct villages, hamlets and equivalent units in formulating and observing
rules on forest protection and development in localities in accordance with law
provisions;
c/
Coordinate with ranger, police, military forces and mass organizations in
protecting forests in localities; detect and prevent in time acts that encroach
upon or destroy forests;
d/
Organize the forest protection legislation dissemination and education; guide
people to apply measures on fire prevention and fighting, and mobilize
fire-fighting forces in localities;
e/
Organize forest management and protection and adopt plans to be submitted to
higher-level Peoplersquo;s Committees for putting in use those forest areas
which have not yet been assigned or leased by the State;
f/
Guide people in implementing forest protection and development plannings and
plans, combining forestry-agricultural and fishery production, milpa farming,
sedentarization, intensive farming, crop rotation and pasturing according to
the approved forest protection and development plannings and plans;
g/
Inspect the observance of laws, policies and regimes on forest management and
protection by organizations, households, individuals and rural population
communities in localities; and sanction administrative violations in the domain
of forest management and protection according to law provisions.
4.
The presidents of lower-level People's Committees shall be answerable to
the presidents of higher-level People's Committees and the presidents of
provincial/municipal People's Committees shall be answerable to the Prime
Minister, for the occurrence of forest destruction and forest fires in their
respective localities.
Article 39. Ministries' and ministerial-level agencies' responsibilities for forest protection
1.
The Ministry of Agriculture and Rural Development shall have to assume the
prime responsibility for, and coordinate with the other ministries and
ministerial-level agencies in, directing the provincial/ municipal People's
Committees to ensure the compliance with forest protection regulations
according to the provisions of this Law; organizing the forecasting of forest
fire danger; and building a forest fire prevention and fighting specialized
force.
2.
The Ministry of Public Security shall have to coordinate with the Ministry of
Agriculture and Rural Development in directing the provincial/municipal
People's Committees in forest fire prevention and fighting according to
the provisions of forest fire prevention and fighting legislation and this Law;
prevention of and fight against violations of the forest protection and
development legislation.
3.
The Ministry of Defense shall have to coordinate with the Ministry of
Agriculture and Rural Development in directing the provincial/municipal
People's Committees to protect forests in border and island areas as well
as key defense and security areas; mobilizing forces to participate in forest
fire fighting, rescue and salvage; and participating in the prevention of and
fight against violations of the forest protection and development legislation.
4.
The Ministry of Culture and Information shall have to coordinate with the
Ministry of Agriculture and Rural Development in directing the
provincial/ municipal People's Committees to organize the management and
protection of special-use forests related to cultural relics.
5.
The Ministry of Natural Resources and Environment shall have to coordinate with
the Ministry of Agriculture and Rural Development in directing the
provincial/ municipal People's Committees to organize the management and
protection of biodiversity and forest environment.
6.
The other ministries and ministerial-level agencies shall, within the ambit of
their tasks and powers, have to coordinate with the Ministry of Agriculture and
Rural Development in protecting forests.
Section 2
CONTENTS OF FOREST
PROTECTION
Article
40. Protection of forest ecosystems
1.
All production and business activities or other activities that directly affect
forest ecosystems as well as the growth and development of forest organisms
must comply with the provisions of this Law, the environmental protection
legislation, the plant protection and quarantine legislation, the veterinary
legislation and other relevant law provisions.
2.
All activities of building, alteration or dismantlement of works that affect
forest ecosystems as well as the growth and development of forest organisms
must be accompanied with the assessment of environmental impacts according to
the provisions of environmental protection and commence only when they are
permitted by competent State agencies.
Article 41. Protection of forest plants and animals
1.
The exploitation of forest plants must comply with the forest management
regulation issued by the Prime Minister as well as forest exploitation
processes and regulations promulgated by the Ministry of Agriculture and Rural
Development.
2.
The hunting, catching, trapping and caging of forest animals must be permitted
by competent State bodies and comply with law provisions on wildlife
conservation.
3.
The endangered, precious and rare forest plant and animal species; and their
gene sources must be managed and protected under special regimes.
The
Government shall prescribe regimes for management and protection of endangered,
precious and rare forest plant and animal species and lists of endangered,
precious and rare forest plant and animal species.
The
Ministry of Agriculture and Rural Development shall prescribe the exploitation
of forest plants, hunting of forest animals, tools and means banned or
restricted from use; species, minimum sizes of forest plant and animal species
and seasons allowed for exploitation and hunting; and areas where forest
exploitation is banned.
Article 42. Forest fire prevention and fighting
1.
In concentrated and fire-prone forests, forest owners must adopt plans on
forest fire prevention and fighting; when planting new concentrated forests,
they must design and build firebreak boundaries, canals, watchtowers,
signboards and information systems according to law provisions on fire
prevention and fighting; and submit to the guidance as well as inspection by
competent State bodies.
2.
In case of being permitted to build a fire in or close to forests to clear off
hills or fields to prepare land for afforestation, or to build a fire before
the dry season or to use flame in daily-life activities, the persons building
fires must apply fire prevention and fighting measures.
3.
Organizations, households and individuals that build or conduct activities on
works crossing forests such as railways, roads, power transmission lines as
well as eco-tourist activities and other activities in or by forests must abide
by regulations on forest fire prevention and fighting; and comply with the
forest fire prevention and fighting measures set by competent State bodies and
forest owners.
4.
In case of outbreak of forest fires, forest owners must promptly extinguish the
fires and immediately report them to competent State bodies; if necessary, the
People's Committees of all levels shall have the responsibility and
competence to mobilize all necessary forces and means in localities, and
coordinate various forces in order to extinguish forest fires in a timely and
efficient manner.
In
cases where a forest fire breaks out in a vast area, threatening to cause
disaster and entailing the emergency state, the forest fire fighting must
comply with the law provisions on emergency.
The
Government shall prescribe in detail the forest fire prevention and fighting
and overcoming of forest fire consequences.
Article 43. Prevention and elimination of organisms harmful to forests
1.
The prevention and elimination of organisms harmful to forests must comply with
the provisions on plant protection and quarantine legislation as well as
veterinary legislation.
2.
Forest owners must take measures to prevent and eliminate organisms harmful to
forests; when detecting such organisms in the forest areas assigned or leased
to them, they must immediately notify such to the nearest plant or animal
protection and quarantine agencies for guidance and support in prevention and
elimination measures.
Forest
owners shall take responsibility for the spread of epidemics harmful to forests
if they fail to take measures to prevent and eliminate organisms harmful to
forests according to the provisions of this Law as well as the legislation on
plant protection and quarantine and legislation on veterinary.
3.
The agencies in charge of plant and animal protection and quarantine shall have
to organize the forecasting of organisms harmful to forests; guide and support
forest owners in taking measures to prevent and eliminate such organisms;
organize the prevention and elimination of organisms harmful to forests in case
of their potential spread.
4.
The State encourages the application of bio-forestry and biological measures to
the prevention and elimination of organisms harmful to forests.
Article 44. Trading, transportation, export, import, temporary import for re-export, temporary export for re-import and transit of forest plants and animals
1.
The trading and transportation of forest plants and animals as well as their
products must comply with laws.
2.
The export, import, temporary import for re-export, temporary export for
re-import and transit of forest plants and animals and their products must
comply with the provisions of Vietnamese law and international agreements which
Vietnam has signed or acceded to.
3.
The importation of forest plant varieties and animal breeds must comply with
the provisions of the legislation on biodiversity conservation, legislation on
plant protection and quarantine, legislation on veterinary, legislation on
plant varieties and legislation on animal breeds.
The
Government shall prescribe and promulgate the lists of forest plants and
animals permitted for import; forest plants and animals banned from export or
subject to conditional export.
Chapter IV
FOREST DEVELOPMENT AND USE
Section 1
PROTECTION FORESTS
Article
45. Principles for protective forest development and use
1.
Headwater protection forests must be built into concentrated, inter-regional
and multi-layer forests.
2.
Protection forests for wind, sand or tide shielding, sea encroachment
prevention or environmental protection must be built into forest belts suitable
to the natural conditions of each region.
3.
The combination of forestry-agricultural-fishery production, landscape
business, convalescence, eco-environmental tourism and forest-product as well
as other forest benefit exploitation must comply with the forest management
regulations.
Article 46. Organization of management of protection forests
1.
Concentrated headwater protection forests covering an area of 5,000 hectares or
more or of under 5,000 hectares but having important protection function, or
important coastal preventive forests must have management boards. The
protective forest-management boards are non-business organizations set up by
competent State bodies according to the forest management regulations.
2.
Protection forests not prescribed in Clause 1 of this Article shall be assigned
or leased by the State to economic organizations, armed force units, households
or individuals in localities for management, protection and use.
Article 47. Exploitation of forest products in protection forests
1.
In natural protection forests, it is allowed to exploit dead or diseased trees,
trees standing in the areas with a density higher than that prescribed in the
forest management regulation, except for endangered, precious and rare forest
plant species banned from exploitation according to the Government's
stipulations on the regime of management and protection of endangered, precious
and rare plant and animal species and the lists of such plant and animal
species.
2.
The exploitation of non-timber forest products in natural protection forests is
prescribed as follows:
a/
It is allowed to exploit bamboo shoots, assorted bamboo in protection forests
when the protection requirements are met according to the forest management
regulations;
b/
It is allowed to exploit non-timber forest products without affecting the
protection capacity of forests, except for endangered, precious and rare forest
plant and animal species banned from exploitation according to the
Governmentrsquo;s stipulations on the regime of management and protection of
endangered, precious and rare forest plant and animal species and the lists of
such forest plant and animal species.
3.
The exploitation of planted protection forests is prescribed as follows:
a/
It is allowed to exploit supportive trees, trim or prune forests when the
planted forests have a density higher than that prescribed in the forest
management regulations;
b/
It is allowed to exploit the major trees when they reach the exploitation
standards by mode of selective harvest or clear-cut harvest in given forest
strips or forest areas.
c/
After exploitation, forest owners must regenerate or replant forests right in
the subsequent afforestation season and continue managing and protecting them.
4.
The exploitation of forest products in protection forests must comply with the
forest management regulation, strictly complying with the technical processes
and regulations of the Ministry of Agriculture and Rural Development, ensuring
the sustainable protection capacity of forests.
Article 48. Management and use of production forests and land intermingled in protection forests
1.
With regard to production forest areas intermingled in protection forests,
forest owners are entitled manage and use them according to the
production-forest provisions of Section 3, Chapter IV of this Law.
2.
With regard to householdsrsquo; and individuals; residential land, land
planted with annual crops or perennial trees, land for aquaculture or salt
making, which is intermingled in protection forests not falling under the
protective forest plannings, the concerned households and individuals may continue
using such land for the right assigned purposes according to the provisions of
land legislation.
Section 2
SPECIAL-USE FORESTS
Article
49. Principles for development and use of special-use forests
1.
The development and use of special-use forests must ensure the natural
development, conserve biodiversity and landscape of such forests.
2.
National gardens and nature conservation zones must be clearly defined with
strictly- protected zones, ecological restoration zones, service-administration
zones and buffer zones.
3.
All activities in special-use forests must be permitted by forest owners and
comply with the forest management regulations.
Article 50. Organization of management of special-use forests
1.
Special-use forests being national gardens or nature conservation zones must
have management boards. The special-use forest management boards are
non-business organizations set up by competent State bodies.
2.
For special-use forests being landscape protection areas, competent State
bodies shall set up management boards; in case of not setting up management
boards, they shall lease forests to economic organizations for landscape
business, convalescence or eco-environmental tourism under the forest cover.
3.
Special-use forests being scientific research or experiment forests shall be
assigned to forestry scientific research and technological development,
training and vocational training organizations for direct management.
Article 51. Exploitation of forest products in landscape protection areas and service-administrative zones of national gardens and nature conservation zones
The
exploitation of forest products must comply with the forest management
regulations, not badly affect the objectives of forest conservation and forest
landscape protection, and comply with the following stipulations:
1.
It is allowed to exploit dead or fell trees, non-timber forest plants, except
for endangered, precious and rare forest plant species banned from exploitation
according to the Governmentrsquo;s stipulations on the regime of management and
protection of endangered, precious and rare forest plant and animal species and
the lists of endangered, precious and rare forest plant and animal species;
2.
The hunting, catching and trapping of forest animals are not allowed.
Article 52. Scientific research, teaching and practicing activities in special-use forests
1.
The special-use forest management boards are allowed to conduct scientific
research activities and provide scientific research services according to the
plans already approved by competent State agencies and report on the results of
their activities to the superior management agencies.
2.
The scientific research, teaching and practicing activities of scientific
research institutions, training establishments, scientists, pupils and students
in the country must comply with the following stipulations:
a/
Having plans for such activities in special-use forests, approved by their
management boards;
b/
Observing the forest rules and submitting to the guidance and inspection by the
special-use forest management boards; observing the provisions of legislation
on science and technology, legislation on forest protection and development,
legislation on biodiversity, legislation on plant varieties, legislation on
animal breeds and other relevant law provisions;
c/
Notifying the results of their activities to the special-use forest management
boards.
3.
Scientific research activities of foreign scientific research institutions,
scientists and students must comply with the following stipulations:
a/
Having plans on activities in special-use forests, approved by competent State
agencies and accepted by the special-use forest management boards;
b/
Observing the provisions of Points b and c, Clause 2 of this Article.
4.
The collection of specimens of forest organisms in special-use forests must
comply with the forest management regulations.
Article 53. Combined activities of landscape business, convalescence and eco-environmental tourism in special-use forests
1.
The organization of landscape business-cum- convalescence and eco-environmental
tourism activities in special-use forests must be effected under projects
ratified by competent State agencies.
2.
Activities prescribed in Clause 1 of this Article must comply with the forest
management regulations, forest protection rules, tourism legislation,
legislation on cultural heritage, legislation on environmental protection and
other relevant law provisions.
Article 54. Stabilization of life of population living in special-use forests and buffer zones of special-use forests
1.
It is forbidden to relocate population from other areas to settle in
special-use forests.
2.
Special-use forest management boards must elaborate projects on population
relocation and resettlement and submit them to competent State agencies for
ratification so as to relocate population from strictly-protected zones of
special-use forests.
3.
With regard to strictly-protected zones where conditions do not permit the
relocation of population, the special-use forest management boards shall assign
special-use forests to organizations or individuals on the basis of short-term
package contracts for forest protection.
4.
For ecological restoration zones, the special-use forest management boards
shall assign special-use forests to local households and individuals on the basis
of package contracts for protection and development.
5.
With regard to buffer zones of special-use forests, the Peoplersquo;s
Committees of all levels shall assign or lease forests of such buffer zones to
organizations, households or individuals for use according to the forest
management regulations.
Section 3
PRODUCTION FORESTS
Article
55. Principles for development and use of production forests
1.
Production forests shall be assigned or leased by the State to organizations,
households and/or individuals of all economic sectors, that fully meet the
conditions prescribed in Clause 3, Article 24, Clauses 3 and 4, Article 25 of
this Law in order to supply forest products, combine production and business
along the direction of intensive forestry-agricultural-fishery farming, and
combine landscape business, convalescence and eco-environmental tourism.
2.
The exploitation and use of production forests must ensure the maintenance of
forest area, development of forest reserves and quality and comply with the
forest management regulations.
3.
Forest owners must make plans to plant forests in production forest land areas
where forests are not available yet, combining forestry-agricultural-fishery
production; and take measures to zone off for forest tending, regeneration and
enrichment and raising of the forests; economic efficiency.
Article 56. Natural production forests
1.
The organization of management of natural production forests is prescribed as
follows:
a/
Production forests being concentrated natural forests shall be assigned or
leased by the State to economic organizations for production and business;
b/
Production forests being scattered natural forests other than those prescribed
at Point a of this Clause shall be assigned or leased by the State to
organizations, households or individuals for protection, development,
production and business.
2.
The conditions for production and business with natural production forests are
prescribed as follows:
a/
The natural production forest owners have been recognized by competent State
bodies;
b/
Forest owners being organizations must have dossiers approved by competent
State bodies, which comprise investment projects and forest management,
protection and production as well as business plans; the forest exploitation
must comply with the forest-regulating schemes already approved by State
management agencies in charge of forest protection and development;
c/
Forest owners being households or individuals must have forest management,
protection and production as well as business plans worked out under the
guidance of commune/ward/township People's Committees or rangers, which
must be approved by the presidents of the People's Committees of rural
districts, urban districts, provincial towns or cities;
d/
It is allowed to exploit only timber and plants of other kinds of natural
production forests, except for endangered, precious and rare plant species
banned from exploitation according to the Government's stipulations on the
regime of management and protection of endangered, precious and rare forest
plant and animal species and the lists of such forest plant and animal species.
3.
The procedures for exploitation of timber and plants of other kinds of natural
production forests are prescribed as follows:
a/
Forest-exploiting organizations must have exploitation design dossiers suitable
to the forest-regulating schemes or forest production and business plans or
schemes, approved by the provincial/municipal People's Committee
presidents;
b/
Forest-exploiting households and individuals must file applications and report
to the commune People's Committees for sum-up reports to the People's
Committees of rural districts, urban districts, provincial towns or cities for
approval.
4.
The exploitation of forests must comply with the forest management regulations
as well as technical processes and rules on forest protection and development;
after exploitation, the organization of forest protection, nurturing and
enrichment till the subsequent exploitation period is required.
Article 57. Planted production forests
1.
Owners of planted production forests must work out plans to nurture, tend,
plant and protect such forests, combining forestry-agriculture-forestry,
landscape business, convalescence and eco-environmental tourism therein in
accordance with the forest protection and development planning of each region
and with the forest management regulations.
2.
The exploitation of planted forests shall comply with the following
stipulations:
a/
In cases where forest owners invest their own money in planting, tending,
nurturing and protecting forests, they shall be entitled to decide on the
exploitation of planted forests by themselves. Products exploited from planted
forests by forest owners may be freely circulated on the market. If planted
forest trees are precious and rare timber trees, the exploitation thereof must
comply with the Government's regulations;
b/
In cases where forests are planted with the State budget capital, forest owners
must compile exploitation dossiers and submit them to agencies competent to
ratify capital sources for decision. Products exploited from planted forests by
forest owners may be freely circulated on the market. If planted forest trees
are precious and rare timber trees, the exploitation thereof must comply with
the Government's regulations;
c/
Forests must be replanted right after exploitation or natural regrowth measures
must be applied in the exploitation process.
Article 58. Seeding forests
The
Ministry of Agriculture and Rural Development and the provincial/municipal
specialized forestry agencies shall have to plan and direct the formation of a
system of national and regional seeding forests in order to select, crossbreed,
multiply and import necessary varieties, ensuring the supply of quality
varieties for afforestation. The selection and recognition of seeding forests
as well as the production and trading of forest saplings must comply with the
law provisions on plant varieties.
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 implementation 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;
e/
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;
e/
To transfer, donate, lease or donate the value of planted production forests;
f/
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;
e/
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;
e/
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;
e/
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;
e/
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;
e/
To transfer, donate or sublease planted production forests; individuals may
bequeath forests under law provisions;
f/
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.
e/
To join domestic organizations, households and individuals as well as overseas
Vietnamese by contributing capital with the value of planted production
forests.
Chapter VI
FOREST RANGERS
Article
79. Functions of forest rangers
Forest
rangers constitute a specialized force of the State, that has the functions of
protecting forests, assisting the Minister of Agriculture and Rural Development
and the presidents of the People's Committees of all levels in exercising
the State management over forests, ensuring the observance of forest protection
and development legislation.
Article 80. Tasks of forest rangers
1.
To work out forest protection programs and plans, schemes on prevention and
combat of acts of violating the legislation on forest protection and
development, and on forest fire prevention and fighting.
2.
To guide forest owners in elaborating and implementing forest protection
schemes; to foster forest protection skills for forest owners;
3.
To inspect and control the forest protection, exploitation and use as well as
the circulation, transportation and trading of forest products; to prevent and
fight acts of violating the legislation on forest protection and development.
4.
To conduct propaganda among, and mobilize, people to protect and develop
forests; to coordinate with commune/ward/township People's Committees in
building and professionally fostering mass forces to protect forests.
5.
To organize the forecasting of forest fire dangers and organize a forest fire
prevention and fighting specialized force.
6.
To protect the forest owners; legitimate rights and interests when such
rights or interests are infringed upon by others.
7.
To organize the protection of key special-use forests and protection forests.
8.
To join international cooperation in the domain of forest protection and
control of the trading of forest plants and animals.
Article 81. Powers and responsibilities of forest rangers
1.
While performing their duties, forest rangers shall have the following powers:
a/
To request concerned organizations, households and individuals to provide
necessary information and documents for inspection and investigation; to
conduct site inspection and gather evidences according to law provisions;
b/
To sanction administrative violations and apply measures to prevent acts of
administrative violation, to take legal action against, and conduct criminal
investigation of, acts of violating the legislation on forest protection and
development according to the provisions of the legislation on handling of
administrative violations, the criminal legislation and criminal procedure
legislation;
c/
To use weapons and supportive instruments according to law provisions.
2.
Forest rangers who fail to fulfill their assigned tasks and powers, letting
forest destruction or forest fires occur shall have to bear responsibilities
under law provisions.
Article 82. Organization, equipment, regimes and policies for forest rangers
1.
The forest ranger force shall be organized in a unified system, consisting of:
a/
The central forest rangers;
b/
The provincial/municipal forest rangers;
c/
The forest rangers of rural districts, urban districts, provincial towns and
cities.
1.
The Government shall specify:
a/
The tasks, powers, responsibilities, organizational system, operation mechanism
and coordination mechanism between forest rangers of all levels and relevant
agencies in localities;
b/
Criteria and positions of forest rangers;
c/
Forest ranger uniforms, badges, stripes, pennants and certificates; equipment
of weapons, supportive instruments and specialized means for forest rangers;
d/
Wages, occupational preferential treatment allowances, war invalids, martyrs
and other treatment regimes for rangers.
Article 83. Direction and administration of forest rangers
1.
The Minister of Agriculture and Rural Development shall have the following
tasks and powers:
a/
To uniformly direct the professional activities of forest rangers;
b/
To supervise and direct the inspection of forest rangersrsquo; activities;
c/
To direct and organize the equipment of weapons, supportive instruments,
specialized means, uniforms, badges, insignias, pennants for forest rangers at
all levels under law provisions;
d/
To assume the prime responsibility for, and coordinate with the ministries and
ministerial-level agencies in submitting to the Government for promulgation
regimes and policies for forest rangers and their payroll quotas;
e/
To mobilize and transfer forest rangers when necessary;
f/
To organize the training and fostering of a contingent of public
employee-forest rangers.
2.
The presidents of the provincial/municipal Peoplersquo;s Committees shall have
the following tasks and powers:
a/
To direct and inspect activities of forest rangers in their respective
localities;
b/
To direct the coordination of activities between forest rangers and relevant
agencies in their respective localities;
c/
To manage forest rangers in their respective localities; ensure operation
funding for forest rangers according to law provisions.
3.
The presidents of the Peoplersquo;s Committees of rural districts, urban
districts, provincial towns and cities shall have the following tasks and
powers:
a/
To direct and inspect operations of forest rangers in their respective
localities;
b/
To direct the coordination of activities between forest rangers and relevant
agencies in their respective localities.
Chapter VII
SETTLEMENT OF DISPUTES OVER AND
HANDLING OF LAW VIOLATIONS ON, FOREST PROTECTION AND DEVELOPMENT
Article
84. Settlement of disputes
1.
Disputes over the rights to use forests of all kinds and/or the ownership
rights over planted production forests shall be settled by peoplersquo;s
courts. Disputes over forest land and/or afforestation land shall be settled
according to the provisions of land legislation.
2.
When settling disputes prescribed in Clause 1 of this Article, that relate to
the right to use forest land, the peoplersquo;s courts shall handle also the
rights to use such land.
Article 85. Handling of violations
1.
Persons who destroy forests, burn forests or damage forest resources; illegally
exploit forests; illegally hunt, catch, cage or slaughter forest animals;
illegally purchase, sell, trade in or transport forest products or violate
other law provisions on forest protection and development shall, depending on
the nature and seriousness of their violations, be administratively handled or
examined for penal liability according to law provisions.
2.
Persons who abuse their positions and/or powers to violate law provisions on
forest assignment, lease or recovery, the conversion of forest use purposes,
permission of forest use or forest exploitation; who are irresponsible or abuse
their powers and/or positions in enforcing the legislation on forest protection
and development; who cover violators of the legislation on forest protection
and development or who commit other acts of violating the provisions of this
Law shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liabilities according to law provisions.
Article 86. Compensation for damage
Persons
who violate the legislation on forest protection and development, thus causing
damage to the State, organizations, households or individuals shall, apart from
being handled according to the provisions of Article 85 of this Law, have to
pay compensations for such damage in accordance with law provisions.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article
87. Implementation effect
This
Law shall take effect as from April 1, 2005.
This
Law replaces the 1991 Law on Forest Protection and Development.
Article
88. Guidance for implementation
The
Government shall detail and guide the implementation of this Law.
This Law was passed by the
11th National Assembly of the Socialist Republic of Vietnam at its 6th session on December 3, 2004.
---------------------------------------------------------------(Source: Ministry of Justice of Vietnam)
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