Forestry Law 2017 (16/2017/QH14)

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Forestry Law.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Law regulates the management, protection, development, and use of forests; processing and trading of forest products.

Article 2. Interpretation of terms

In this Law, the terms below are understood as follows:

1. Forestry is an economic-technical sector that includes management, protection, development, and use of forests; processing and trading of forest products.

2. Forestry activities include one or more activities of management, protection, development, and use of forests; processing and trading of forest products.

3. Forest is an ecosystem that includes forest plant species, forest animals, fungi, microorganisms, forest soil, and other environmental factors, in which the main components are one or several species of woody trees, bamboo, rattan, or palm trees with heights determined according to the vegetation system on mountain soil, rocky mountains, wetland soil, sandy soil, or other characteristic vegetation systems; contiguous area from 0.3 hectares or more; canopy cover from 0.1 or higher.

4. Canopy cover is the degree of canopy closure of forest trees in the vertical direction over a unit area of forest, expressed as tenths.

5. Forest coverage rate is the percentage ratio of forest area to the total natural land area within a certain geographical range.

6. Natural forest is a forest available in nature or restored through natural regeneration or assisted regeneration with supplementary planting.

7. Planted forest is a forest formed by humans creating new plantings on land that previously had no forest; rehabilitating natural forest; replanting or naturally regenerating after harvesting planted forest.

8. Sacred forest is a forest associated with the beliefs, customs, and practices of communities living off the forest.

9. Forest owner is an organization, household, individual, or community assigned forest land, leased forest land; assigned land, leased land for planting forest; self-restoring and developing forest; receiving transfer, donation, or inheritance of forest in accordance with the law.

10. Ownership rights of production forest refer to planted forests, including the rights of possession, usage, and disposal of the forest owner regarding plants, livestock, and other assets attached to the forest invested by the forest owner during the period of allocation or lease for forest planting.

11. Forest use rights are the rights of the forest owner to exploit the functions, enjoy the benefits, and profits from the forest.

12. The value of the forest is the total value of the elements that make up the forest ecosystem and the environmental values of the forest at a given time, over a specific forest area.

13. The value of forest use rights is the total monetary value of the right to use a forest at a given time, over a specified forest area.

14. Endangered, precious, and rare forest plant and animal species are forest plants and animals that have special economic, scientific, medical, ecological, landscape, and environmental value, are scarce in nature, or are at risk of extinction.

15. Specimens of forest plant and animal species are living or dead forest plants and animals, eggs, larvae, parts, or derivatives of these.

16. Forest products are products harvested from forests, including forest plants, forest animals, and other forest organisms, including wood, non-timber forest products, wood products, rattan, bamboo, and processed cane.

17. Forest product records are documents about forest products that are kept at production and business establishments dealing with forest products and circulate together with forest products during the processes of exploitation, trading, export, import, transportation, processing, and storage.

18. Legal timber is timber and timber products that are harvested, traded, and produced in accordance with the provisions of Vietnamese law.

19. Sustainable forest management is a method of forest governance that ensures achieving the goals of forest protection and development, does not degrade the values and enhances forest values, improves livelihoods, protects the environment, and contributes to maintaining national defense and security.

20. A sustainable forest management certificate is a document recognizing that a certain forest area meets the criteria for sustainable forest management.

21. State forest leasing is when the State decides to grant the right to use the forest to organizations, households, or individuals who need to use the forest through a forest lease contract.

22. Leasing forest environment is the act of organizations or individuals agreeing with the forest owner to use the forest environment for a certain period of time through a forest environment lease contract according to the provisions of law.

23. Forest environmental services are activities providing the use values of the forest environment.

24. Resident communities include communities of Vietnamese people living in the same locality such as villages, hamlets, communes, towns, blocks, or similar residential points and sharing the same customs and practices.

25. Buffer zone is the area of forest, land, or water bodies adjacent to the boundary of a special-use forest that serves to prevent or mitigate negative impacts on the special-use forest.

26. Strictly protected sub-zone of a special-use forest is an area preserved intact within a national park, nature reserve, or species-habitat conservation area.

27. The ecological restoration zone of special-use forests is an area that is strictly managed and protected for the forest to restore the natural ecosystem of national parks, nature reserves, or species-habitat conservation areas.

28. The service and administrative zone of special-use forests is an area regularly used by the management board of the special-use forest, research and experimental facilities, tourism, resort, and recreational services combined with the construction of service management works of national parks, nature reserves, or species-habitat conservation areas.

29. Closing a natural forest is the suspension of natural forest timber harvesting for a certain period based on a decision of the competent state authority.

30. Opening a natural forest is permitting the harvesting of natural forest timber again based on a decision of the competent state authority.

31. Forest degradation is the decline of forest ecosystems, reducing the functions of the forest.

Article 3. Principles of forestry operations

1. Forests are managed sustainably in terms of area and quality, ensuring a balance among economic-social development goals, national defense, security, biodiversity conservation, increasing forest cover, the value of forest environmental services, and climate change adaptation.

2. Forestry activities are socialized; ensuring a balance between the interests of the State and the interests of forest owners, organizations, and individuals participating in forestry activities.

3. Ensuring the organization of a chain link from forest protection, forest development, forest utilization to forest product processing and trading to enhance forest value.

4. Ensuring transparency, openness, and the participation of relevant organizations, households, individuals, and community residents in forestry activities.

5. Comply with international treaties related to forestry to which the Socialist Republic of Vietnam is a party; in cases where an international treaty to which the Socialist Republic of Vietnam is a party has provisions different from those of this Law or Vietnamese legal documents have no provisions, the provisions of that international treaty shall be applied.

Article 4. State policy on forestry

1. The State has a policy of investing and mobilizing social resources for forestry activities, closely associated and synchronized with socio-economic development, national defense, and security policies.

2. The State ensures resources for the management, protection, and development of special-use forests and protection forests.

3. The State protects the legitimate rights and interests of organizations, households, individuals, and community residents engaged in forestry activities.

4. The State organizes and supports the management, protection, and development of production forests; forestry crop varieties, forest restoration, and new forest planting; research and application of high-tech, advanced technology, and new technology; human resource training; implementation of forest environmental services; planting large timber forests, converting small timber plantations into large timber plantations; infrastructure; sustainable forest management; processing and trading of forest products; international cooperation in forestry.

5. The state encourages the combined production of forestry, agriculture, and fishery; organic forestry production; and the insurance of production forests that are planted forests.

6. The State ensures that ethnic minorities and communities living in forest-dependent areas are allocated forests along with land for forestry, agriculture, and fisheries production; they are allowed to cooperate and link with forest owners to protect and develop forests, sharing the benefits from the forest; they have the right to practice cultural and religious activities linked to the forest in accordance with Government regulations.

Article 5. Forest Classification

1. Based on the primary purpose of use, natural forests and planted forests are classified into three types as follows:

a) Special-use forests;

b) Protection forests;

c) Production forests.

2. Special-use forests are primarily used to conserve natural forest ecosystems, forest biological gene resources, conduct scientific research, preserve historical and cultural relics, religious sites, and scenic landscapes combined with eco-tourism; recreation and entertainment, except for strictly protected zones of special-use forests; and provide forest environmental services, including:

a) National parks;

b) Nature reserves;

c) Species-habitat conservation areas;

d) Landscape protection areas include forests that conserve historical and cultural relics, scenic spots; belief forests; forests that protect the urban environment, industrial zones, export processing zones, economic zones, high-tech zones;

d) Forests for scientific research and experimentation; national botanical gardens; national seed forests.

3. Protective forests are primarily used to protect water sources, protect soil, prevent erosion, landslides, flash floods, water surges, combat desertification, mitigate natural disasters, regulate climate, contribute to environmental protection, national defense, and security, combined with ecological tourism, leisure, recreation; provide forest environmental services; classified according to levels of criticality into:

a) Headwater protective forests; forests protecting community water sources; border protective forests;

b) Windbreaking and sand-fixing protective forests; wave-breaking and sea-reclaiming protective forests.

4. Production forests are mainly used to provide forest products; produce and conduct business in forestry, agriculture, and fishery combined; ecotourism, resort, and recreational activities; supply forest environmental services.

5. The Government shall stipulate in detail the criteria for determining forests, classifying forests, and the Forest Management Regulations.

6. The Minister of Agriculture and Rural Development shall stipulate in detail the criteria for determining the criticality level of protection forests.

Article 6. Delimitation of forest boundaries

1. Forests shall have their boundaries specifically delineated in the field, on maps, and recorded in forest management dossiers. The system of forest boundary delineation is unified nationwide according to sub-compartment, compartment, and forest plot.

2. The Minister of Agriculture and Rural Development shall stipulate this Article in detail.

Article 7. Forest ownership

1. The State is the representative owner of forests owned by the entire people, including:

a) Natural forests;

b) Planted forests wholly invested by the State;

c) Planted forests reclaimed by the State, gifted, or in cases of transferring ownership of planted forests in other forms as prescribed by law.

2. Organizations, households, individuals, and community groups owning production forests that are planted forests include:

a) Forests invested in by organizations, households, individuals, or community groups;

b) Forests received through transfer, donation, or inheritance from other forest owners as prescribed by law.

Article 8. Forest owners

1. Management boards of special-use forests, management boards of protection forests.

2. Economic organizations including enterprises, cooperatives, cooperative unions, and other economic organizations established and operating according to the law, except in cases stipulated in Clause 7 of this Article.

3. Units of the People's Armed Forces assigned forests (hereinafter referred to as armed units).

4. Scientific and technological, vocational training, and forestry education organizations.

5. Domestic households and individuals.

6. Community groups.

7. Enterprises with foreign-invested capital are allowed by the State to lease land for production forest planting.

Article 9. Acts prohibited in forestry activities

1. Cutting, destroying, exploiting, encroaching, or occupying forests contrary to the provisions of the law.

2. Bringing waste, toxic chemicals, explosives, flammable substances, tools, or means into the forest contrary to the provisions of the law; herding, leading, or releasing livestock into the strictly protected areas of special-use forests, or newly planted forests.

3. Hunting, capturing, raising, confining, killing, storing, transporting, or trading forest animals, collecting specimens of forest plant and animal species contrary to the provisions of the law.

4. Destroying forest resources, forest ecosystems, and forest protection and development works.

5. Violating regulations on forest fire prevention and fighting; preventing and controlling forest pests; managing invasive alien species; forest environmental services.

6. Storing, buying, selling, transporting, processing, advertising, displaying, exporting, importing, temporarily importing, re-exporting, temporarily exporting, re-importing, or transiting forest products contrary to the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

7. Exploiting natural resources, mineral resources, and forest environments contrary to the provisions of law; constructing, digging, excavating, building dams, obstructing natural water flows, and other activities contrary to the law that alter the natural landscape structure of forest ecosystems.

8. Allocating forests, leasing forests, reclaiming forests, changing forest types, converting forest use purposes contrary to the provisions of law; allowing exploitation and transportation of forest products contrary to the provisions of law; converting forest areas, transferring, inheriting, donating, mortgaging, contributing capital by the value of forest use rights, ownership of production forests that are planted forests contrary to the provisions of law; discriminating based on religion, belief, and gender in forest allocation and forest leasing.

9. Using raw materials in processing forest products contrary to the provisions of law.

Chapter II. FORESTRY PLANNING

Article 10. Principles and basis for forestry planning

1. The formulation of forestry planning must comply with the principles of law on planning and the following principles:

a) Suitable with the national master plan, national land use planning, national forestry development strategy, national strategy on biodiversity;

b) Ensure sustainable forest management; exploitation and use of forests linked to the conservation of natural resources, enhancing the economic value of forests as well as their cultural and historical value; protect the environment, respond to climate change, and improve local livelihoods;

c) Natural forests must be included in the planning of special-use forests, protection forests, and production forests;

d) Ensure the participation of agencies, organizations, households, individuals, and communities; ensure transparency, openness, and gender equality;

đ) Forestry content in provincial planning must be consistent with the content of national forestry planning.

2. The development of forestry planning must comply with the legal bases on planning and the following bases:

a) National forestry planning must be based on the national master plan, national land use planning, and national forestry development strategy;

b) The content regarding forestry in the provincial planning must be based on the national-level forestry planning;

c) Natural conditions, socio-economic factors, and resources of the whole country or locality.

Article 11. Period and content of forestry planning

1. The national forestry planning period is 10 years; with a vision of 30 to 50 years.

2. The content of forestry planning must comply with the provisions of the law on planning and include the following contents:

a) Collect, analyze, and assess data on natural conditions, socio-economic conditions, the current status of forest resources; relevant development orientations and plans; evaluation of development resources and issues that need to be addressed;

b) Evaluate the implementation of the previous forestry planning regarding forest management, protection, and development; processing and trading of forest products; investment, science and technology, and labor;

c) Forecast the demand and market for forest products, forest environmental services, impacts of climate change, scientific and technical advances, and technological progress applied in forestry;

d) Study the context and industry linkages; determine the socio-economic development requirements for the sector;

d) Determine the viewpoints and development objectives of forestry;

e) Orient the sustainable development of special-use forests, protection forests, and production forests;

g) Orient the development of forestry infrastructure;

h) Orient the development of markets, raw material areas, and forest product processing;

i) Solutions and resources to organize the implementation of the planning.

Article 12. Formulation, consultation, appraisal, approval, and adjustment of national forestry planning

1. The responsibility for organizing the national forestry planning is stipulated as follows:

a) The Ministry of Agriculture and Rural Development is responsible for organizing the national forestry planning;

b) Other Ministries, ministerial-level agencies, and provincial People's Committees coordinate with the Ministry of Agriculture and Rural Development in preparing the national forestry planning.

2. The process of collecting opinions on the national forestry planning is conducted as follows:

a) The Ministry of Agriculture and Rural Development organizes the collection of opinions from state agencies, organizations, households, individuals, and local communities involved; synthesizes, receives, and explains the feedback on the national forestry planning;

b) The collection of opinions on the national forestry planning is carried out through public disclosure on electronic information portals, mass media; sending requests for opinions in writing; organizing conferences and seminars;

c) The time for collecting opinions is 60 days from the date the competent state agency decides to organize the collection of opinions.

3. The appraisal of national-level forestry planning is regulated as follows:

a) The Prime Minister establishes the National Forestry Planning Appraisal Council;

b) The Ministry of Agriculture and Rural Development is the standing agency of the National Forestry Planning Appraisal Council;

c) The National Forestry Planning Appraisal Council organizes the appraisal and sends the appraisal results to the Ministry of Agriculture and Rural Development. The Ministry of Agriculture and Rural Development is responsible for considering and explaining the appraisal contents;

d) The content of the planning appraisal includes conformity with the national master plan, the national forestry development strategy, the national land use plan; practical conditions, resources, demands, and the capacity to use forests to meet sustainable development requirements; socio-economic and environmental efficiency; feasibility of the plan.

4. The Prime Minister approves the national forestry plan submitted by the Minister of Agriculture and Rural Development.

5. Adjustment of the national forestry plan is regulated as follows:

a) The national forestry plan is adjusted when there are changes in the national master plan, national land use plan, or national forestry development strategy that cause significant changes to the content of the forestry plan stipulated in Clause 2, Article 11 of this Law;

b) The appraisal and approval of adjustments to the national forestry planning shall be carried out in accordance with the provisions in Clauses 3 and 4 of this Article.

6. The formulation, collection of opinions, appraisal, approval, and adjustment of the national forestry planning shall be implemented in accordance with the provisions of this Law and the laws on planning.

Article 13. Organization of consultancy for forestry planning

1. The agency responsible for forestry planning must select a consultancy organization for forestry planning in accordance with the regulations of the law on bidding.

2. The consultancy organization for forestry planning must have legal entity status and meet the requirements for professional capacity suitable for the assigned work as stipulated by the Government.

Chapter III. FOREST MANAGEMENT

Section 1. ALLOCATION OF FORESTS, FOREST LEASING, FOREST CONVERSION, CHANGING THE PURPOSE OF FOREST USE TO OTHER PURPOSES, AND FOREST RECOVERY

Article 14. Principles of forest allocation, forest leasing, changing the purpose of forest use to other purposes, and forest recovery

Amended and supplemented provisions:

1. Comply with the national forestry planning, land use planning; the existing forest area in the locality.

Amended and supplemented provisions:

2. Do not convert natural forest use to other purposes, except for important national projects; projects serving national defense and security; other urgent projects approved by the Government.

3. Do not allocate or lease forest areas that are under dispute.

4. Forest owners are not allowed to let organizations, households, or individuals lease natural forest areas or planted forests invested by the State.

5. Ensure consistency and synchronization with land allocation, land lease, land use conversion, and land recovery.

6. The term and limit of forest allocation and leasing must align with the term and limit of land allocation and leasing.

7. Ensure transparency, openness, and participation of local people; no discrimination based on religion, belief, or gender in forest allocation and leasing.

8. Respect the living space, customs, and habits of residential communities; prioritize allocating forests to ethnic minority people, households, individuals, and residential communities with customs, habits, culture, beliefs, and traditions associated with the forest, having village regulations and conventions that comply with the law.

Article 15. Basis for allocating forests, leasing forests, and converting forest land to other purposes

Amended and supplemented provisions:

1. The plan for allocating forests, leasing forests, and converting forest land to other purposes by the district-level People's Committee must be approved by the provincial-level People's Committee; the annual land use plan of the district must be approved by the competent state authority.

2. Forest area and land planned for reforestation.

3. The demand for forest use as stated in the investment project for organizations; the proposal for forest allocation, forest lease, or conversion of forest land to other purposes for households, individuals, and residential communities.

4. The capacity for sustainable forest management of organizations, households, individuals, and local communities.

Article 16. Forest allocation

1. The State allocates special-use forests without collecting forest-use fees to the following subjects:

a) The management boards of special-use forests for national parks; nature reserves; species-habitat conservation areas; landscape protection areas including forests preserving historical-cultural monuments, scenic spots, urban environmental protection forests, industrial zones, export processing zones, economic zones, high-tech zones; national seed forests; national botanical gardens;

b) Scientific and technological organizations, training, and vocational education in forestry for research forests, scientific experimental forests, and national botanical gardens;

c) Management boards of protection forests, economic organizations, armed units for landscape protection areas including forests preserving historical and cultural sites, scenic spots; forests protecting the urban environment, industrial zones, export processing zones, economic zones, and high-tech zones interspersed within the allocated forest areas;

d) Local communities for sacred forests that they manage and use according to tradition;

đ) Economic organizations, scientific and technological organizations, and domestic forestry training and vocational education organizations for national seed forests interspersed within the allocated forest areas.

2. The State allocates protection forests without collecting forest use fees for the following entities:

a) The management board of protection forests, armed units for watershed protection forests, border protection forests; windbreak protection forests, sand-fixing protection forests; wave-breaking protection forests, land reclamation forests;

b) Economic organizations for protection forests interspersed within the production forest area of that organization;

c) Households and individuals legally residing in the commune where the protection forest is located for watershed protection forests; windbreak protection forests, sand-fixing protection forests; wave-breaking protection forests, land reclamation forests;

Supplementary provisions

d) Communities legally residing in the commune where the protection forest is located for watershed protection forests; windbreak protection forests, sand-fixing protection forests; wave-breaking protection forests, land reclamation forests; water source protection forests for that community.

3. The State allocates production forests without collecting forest use fees to the following subjects:

a) Households, individuals, communities legally residing in the commune where the forest area is located; armed units;

b) Management boards of special-use forests and protection forests are responsible for production forest areas interspersed within the areas of special-use forests or protection forests assigned to those management boards.

Article 17. Leasing production forests

The State leases production forests that are natural forests or planted production forests to economic organizations, households, and individuals, who pay the forest lease fee either once or annually to carry out forestry production; combined forestry, agriculture, and fishery production; or eco-tourism, resort, and recreational business.

Article 18. Changing forest types

1. Changing a forest from one type to another must meet the following conditions:

a) Conform to forestry planning;

b) Meet forest classification criteria;

c) Have a plan for changing the forest type.

2. The authority to decide on changing forest types is stipulated as follows:

a) The Prime Minister decides on the reclassification of forests for forest areas established by the Prime Minister upon the proposal of the Minister of Agriculture and Rural Development;

b) The Chairman of the provincial People's Committee decides on the reclassification of forests not falling under the case specified at point a of this clause, after the People's Council at the same level has decided on the policy of forest reclassification.

Article 19. Conditions for converting the purpose of forest use to other purposes

Amended and supplemented provisions:

1. Must conform to the national forestry plan; land use planning and plans.

2. Must be approved by a competent state authority on the policy of converting forest use to other purposes.

3. Must have an investment project approved by a competent state authority.

4. There is an option for replacement afforestation approved by the competent state agency or after fulfilling the responsibility of paying for replacement afforestation.

Amended and supplemented provisions:

Article 20. Authority to decide on the policy of converting forest land to other purposes

1. The National Assembly decides on the policy of converting special-use forests, upstream protection forests, border protection forests of 50 hectares or more; wind-breaking protection forests, sandstorm protection forests, and wave-breaking, land-reclaiming protection forests of 500 hectares or more; production forests of 1,000 hectares or more.

2. The Prime Minister decides on the policy of converting special-use forests under 50 hectares; upstream protection forests, border protection forests from 20 hectares to under 50 hectares; wind-breaking protection forests, sandstorm protection forests, and wave-breaking, land-reclaiming protection forests from 20 hectares to under 500 hectares; production forests from 50 hectares to under 1,000 hectares.

3. The provincial People's Council decides on the policy of converting the use purpose of upstream protection forests, border protection forests, windbreak protection forests, sand-blocking protection forests, and wave-breaking, land-reclaiming protection forests under 20 hectares; production forests under 50 hectares; and community water source protection forests.

Article 21. Planting replacement forests when converting the use purpose of forests to other purposes

1. The project owner who is allocated or leased land and converts the use purpose of the forest to another purpose must plant replacement forests equal to the area of forest converted for planted forests, and three times the area of forest converted for natural forests.

2. The project owner specified in Clause 1 of this Article who plants the replacement forest themselves must develop a replacement forest planting plan and submit it to the provincial People's Committee for approval. In the case that the project owner does not plant the replacement forest themselves, they must pay money into the provincial Forest Protection and Development Fund.

3. The amount of money contributed to the provincial forest protection and development fund is equal to the area of forest that must be replanted as specified in Clause 1 of this Article multiplied by the unit price per 01 hectare of planted forest decided by the provincial People's Committee; the provincial People's Committee decides on the use of the money contributed to the provincial forest protection and development fund to organize replacement forest planting in the province.

4. In case the provincial People's Committee cannot arrange or cannot fully arrange land area to plant replacement forest within 12 months from the time the project owner completes the obligation to pay money into the provincial forest protection and development fund, the money for replacement forest planting must be transferred to the Vietnam Forest Protection and Development Fund to organize replacement forest planting in another locality.

5. The Minister of Agriculture and Rural Development shall prescribe the content, order, procedures, and timeframe for implementing the replacement forest planting as stipulated in this Article.

Article 22. Forest Recovery

1. The State shall recover forests in the following cases:

a) Forest owners use the forest for purposes other than intended, deliberately fail to fulfill obligations to the State, or seriously violate provisions of the forestry law;

b) Forest owners do not carry out forest protection and development activities for 12 consecutive months from the date of allocation or lease of the forest, except in cases of force majeure certified by the competent state authority;

c) Forest owners voluntarily return the forest;

d) Forests allocated or leased by the State reach the expiration of the term and are not renewed;

e) Forests are allocated or leased without proper authority or to inappropriate subjects.

e) The forest owner is an individual who, upon death, has no heirs according to the provisions of the law;

g) Other cases of land recovery with forests as prescribed by the Land Law.

2. Forest owners are entitled to compensation and support according to the law when the State recovers forests for national defense and security purposes; socio-economic development for national and public interests; allocating or leasing forests without proper authority or to inappropriate subjects.

Article 23. Authority to allocate forests, lease forests, convert forest use purposes to other purposes, and recover forests

1. The authority of the Provincial People's Committee is regulated as follows:

Amended and supplemented provisions:

a) Allocate forests, lease forests, convert forest use purposes to other purposes, and recover forests for organizations;

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

Amended and supplemented provisions:

2. The authority of the District People's Committee is regulated as follows:

a) Allocating forests, leasing forests, converting forest use to other purposes, reclaiming forests for households and individuals;

b) Allocating forests, converting forest use to other purposes, reclaiming forests for local communities.

3. In cases where the area for forest reclamation includes both subjects specified in point a, clause 1, and clause 2 of this Article, the provincial People's Committee shall decide on forest reclamation or authorize the district People's Committee to decide on forest reclamation.

4. The Government shall provide detailed regulations on forest allocation, forest leasing, forest type conversion, forest use conversion to other purposes, and forest reclamation.

Section 2. FOREST MANAGEMENT ORGANIZATION

Article 24. Principles of forest management organization

1. The State allocates forests, leases forests, organizes forest management and protection, ensuring that forest areas have owners.

2. Forest owners must implement sustainable forest management; they are responsible for managing, protecting, developing, and using forests in accordance with the Forest Management Regulations.

Article 25. Authority to establish special-use forests and protection forests

1. The Prime Minister decides to establish special-use forests and protection forests of national importance or located in multiple provinces.

2. The Chairman of the Provincial People's Committee decides to establish special-use forests and protection forests at the local level that are not covered by the provision in Clause 1 of this Article.

3. The establishment of special-use forests and protection forests is carried out according to the Forest Management Regulations.

Article 26. Organization of management for special-use forests and protection forests

1. The management organization of special-use forests is stipulated as follows:

a) Establish a management board for special-use forests for national parks; nature reserves, species-habitat conservation areas, and landscape protection areas with a concentrated area of 3,000 hectares or more.

In cases where at the provincial level there is one or more nature reserves, species-habitat conservation areas, or landscape protection areas, and each area is under 3,000 ha, a special-use forest management board shall be established in the area;

b) Organizations assigned with research forests, scientific experiment forests, national botanical gardens, or national seed forests shall independently manage the forests.

2. The management of protection forests is prescribed as follows:

a) Establish a protection forest management board for upstream protection forests, border protection forests with a concentrated area of 5,000 ha or more, or windbreak and sand-fixing protection forests; wave or coastal protection forests with an area of 3,000 ha or more;

b) Protection forests that are not subject to the provisions at point a of this clause shall be assigned to economic organizations, households, individuals, community groups, or armed units in the area for management.

3. The organization of management of special-use forests and protection forests shall be carried out according to the Forest Management Regulations.

Chapter 3. SUSTAINABLE FOREST MANAGEMENT

Article 27. Sustainable Forest Management Plan

1. The responsibility for developing and implementing the sustainable forest management plan is prescribed as follows:

a) The forest owner who is an organization must develop and implement the sustainable forest management plan;

b) It is encouraged that forest owners who are households, individuals, community groups, or linked households and individuals develop and implement the sustainable forest management plan.

2. Basic content of the sustainable forest management plan for special-use forests includes:

a) Assess natural conditions, socio-economic conditions, national defense, security; the current state of forest ecosystems, biodiversity, genetic resources, historical - cultural relics, landscapes;

b) Determine the objectives and scope of sustainable forest management;

c) Determine the area of forest in functional subdivisions that is degraded and needs restoration and conservation;

d) Determine activities for management, protection, conservation, development, and use of forests;

e) Solutions and organization of implementation.

3. The basic content of the sustainable forest management plan for protection forests includes:

a) Assess natural conditions, socio-economic conditions, national defense, security; the current state of forest resources;

b) Determine the objectives and scope of sustainable forest management;

c) Determine the protective functions of the forest;

d) Determine activities for management, protection, development, and use of forests;

e) Solutions and organization of implementation.

4. The basic content of the sustainable forest management plan for production forests includes:

a) Assess natural conditions, socio-economic conditions; the current state of forest resources; production and business results; evaluate the market that affects the activities of the forest owner;

b) Determine the objectives and scope of sustainable forest management;

c) Identify activities in managing, protecting, developing, using forests, and forest product trade;

d) Solutions and implementation organization.

5. The Minister of Agriculture and Rural Development shall provide detailed regulations on the content of the sustainable forest management plan; regulate the order and procedures for developing and approving the sustainable forest management plan.

Article 28. Sustainable Forest Management Certificate

1. The sustainable forest management certificate is granted to forest owners on a voluntary principle.

2. Forest owners are granted a domestic or international sustainable forest management certificate when they have a sustainable forest management plan and meet the criteria for sustainable forest management.

3. Organizing activities for evaluating and issuing sustainable forest management certificates in Vietnam must comply with Vietnamese law.

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

Section 4. CLOSING AND OPENING NATURAL FORESTS

Article 29. Principles for closing and opening natural forests

1. Ensure sustainable forest management, conservation of forest resources, and biodiversity.

2. Ensure transparency and openness.

3. Ensure the legitimate rights and interests of stakeholders when implementing the closing and opening of natural forests.

Article 30. Cases of closing and opening natural forests

1. Closing natural forests is carried out in the following cases:

a) The situation of forest destruction or illegal forest exploitation evolves complexly, posing a risk of seriously depleting forest resources;

b) Poor natural forests need to be restored; biodiversity and the protective functions of forests are severely degraded.

2. Opening natural forests is carried out when the conditions specified in Clause 1 of this Article are remedied.

3. The closing and opening of natural forests shall be carried out in accordance with the Forest Management Regulations.

Article 31. Authority, order, procedure, and announcement of decisions to close and open natural forests

1. The Prime Minister decides on the closure and opening of natural forests nationwide or across multiple centrally-run provinces and cities.

2. The Chairman of the Provincial People's Committee decides on the closure and opening of natural forests in the local area after the People's Council at the same level approves the project for closing and opening natural forests.

3. Decisions to close and open natural forests must be announced and publicly posted.

4. The order and procedures for announcing the decision to close or open natural forests shall be carried out in accordance with the Forest Management Regulations.

Article 32. Responsibilities of the State when closing natural forests

1. The State shall provide funds for the protection and development of production forests, which are natural forests, during the period of natural forest closure.

2. The Ministry of Agriculture and Rural Development shall preside and coordinate with the Ministry of Finance to submit to the Prime Minister for consideration and decision on support for forest owners when implementing the Prime Minister's decision to close natural forests.

3. The provincial People's Committee shall submit to the provincial People's Council for consideration and decision on support for forest owners when implementing the decision to close natural forests issued by the Chairman of the provincial People's Committee.

Section 5. FOREST SURVEY, INVENTORY, MONITORING OF TRENDS, FOREST DATABASES

Article 33. Forest survey

1. The contents of the forest survey include:

a) Surveying and classifying forests; assigning the level of vulnerability of protection forests;

b) Investigate and assess forest quality and forest development potential;

c) Investigate and assess the status of deforestation and forest degradation;

d) Investigate and assess biodiversity in forests;

dd) Establish and maintain a system to monitor forest changes;

e) Assess the reduction of greenhouse gas emissions resulting from measures to limit deforestation and forest degradation, sustainable forest management, conservation, and enhancement of forest carbon stocks.

2. The organization of forest surveys is stipulated as follows:

a) The Ministry of Agriculture and Rural Development organizes the implementation and announcement of the national forest survey results once every five years and by specialized topics; directs the implementation of provincial-level forest surveys;

b) The provincial People's Committee organizes the implementation of forest surveys in the locality and announces the results.

3. The Minister of Agriculture and Rural Development stipulates detailed content of forest surveys; stipulates methods and procedures for forest surveys.

Article 34. Forest Inventory

1. Forest inventory is carried out according to administrative levels associated with specific management authorities nationwide to determine the current status of forest area, forest stock, and land without forest planned for forestry; to adjust and supplement the database of forests and land without forest.

2. The basic contents of forest inventory include:

a) Collecting and processing information on forest resources;

b) Inventorying the area and stock of forests of forest compartments;

c) Inventorying the area and stock of forests of forest owners;

d) Inventorying the total area and stock of forests by administrative level;

e) Establishing forest management records for compartments, plots, sub-compartments, forest owners, and administrative units.

f) Announcing the results of the forest inventory.

3. Forest inventory is conducted once every 10 years, in accordance with the timing of land inventory.

4. Forest owners are responsible for conducting forest inventories and are subject to inspection by provincial-level forestry authorities for forest owners that are organizations; or by district-level forestry authorities for forest owners that are households, individuals, or community groups; they must declare forest inventory data according to the prescribed forms and are responsible for the content of the declaration.

5. Forestry authorities are responsible for providing guidance, technical support, and monitoring the implementation of forest inventories; they also provide financial support for forest inventories to forest owners who are households, individuals, or community groups.

6. The Minister of Agriculture and Rural Development shall specify in detail the contents of forest inventories; stipulate the methods and procedures for forest inventory.

Article 35. Monitoring forest changes

1. Monitoring forest changes is carried out annually to grasp the current status of the area of different types of forests, non-forested land; the fluctuation of forest areas serves the management, protection, and development of forests.

2. A forest plot is the basic unit for monitoring forest changes, compiled according to compartments and sub-compartments of forests for each forest owner and aggregated at the commune, district, provincial, and national levels.

3. The Minister of Agriculture and Rural Development shall stipulate the details of this Article.

Article 36. Forest Database

1. The forest database is a collection of information and data about forests, established, updated, and maintained to meet the requirements of using information for forest management, protection, development, and other management needs; it is a part of the forestry information system.

2. The forest database includes:

a) A database of legal normative documents related to forests;

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

c) Database on forest surveys, forest inventories, forest dynamics, and results of greenhouse gas emission reductions related to forests;

d) Other databases related to forests.

3. The Ministry of Agriculture and Rural Development organizes the establishment and management of a unified forest database nationwide.

Chapter IV. FOREST PROTECTION

Article 37. Protecting forest ecosystems

State agencies, organizations, households, individuals, and local communities with activities directly affecting forest ecosystems, growth, and development of forest species must comply with the provisions of this Law, laws on environmental protection, biodiversity, plant and animal quarantine, and other relevant legal regulations.

Article 38. Protection of forest plants and forest animals

1. Endangered, precious, and rare forest plants and animals must be listed for management and protection.

2. The government shall regulate the List and the management and protection regime for endangered, precious, and rare forest plants and animals; the order and procedures for exploiting endangered, precious, and rare forest plants and animals, and wild forest plants and animals included in the Annexes of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

3. The Minister of Agriculture and Rural Development shall regulate the order and procedures for exploiting timber, non-timber forest products, and forest animals, except in cases specified in Clause 2 of this Article.

Article 39. Forest fire prevention and fighting

1. Forest owners must develop and implement a forest fire prevention and fighting plan; comply with guidance and inspections from the competent state authorities.

2. In all cases of using fire in the forest or near the forest to clear swidden fields, clear farmland, prepare land for forest planting, burn before the dry season, or use fire for other purposes, the person using fire must implement forest fire prevention and fighting measures.

3. Organizations, households, and individuals conducting activities in the forest or constructing works in or near the forest must comply with regulations on fire prevention and fighting; implement the forest fire prevention and fighting measures of the forest owner.

4. In the event of a forest fire, the forest owner must promptly extinguish the fire, immediately notify the relevant agencies, organizations, and individuals; remedy the consequences after the forest fire, and report to the competent state authority. Relevant state agencies, organizations, and individuals are responsible for coordinating timely forest firefighting.

5. In case of a large-scale forest fire with a risk of causing a disaster leading to an emergency situation, forest firefighting must be carried out in accordance with the law on emergency situations.

6. The forest rangers shall take the lead, in coordination with the fire prevention and rescue police force, to guide forest owners in developing forest fire prevention and firefighting plans.

7. The Government shall provide detailed regulations on this Article.

Article 40. Prevention and control of harmful forest organisms

1. The prevention and control of harmful forest organisms; the raising or grazing, releasing of animals into the forest must be carried out in accordance with the provisions of this Law, the laws on biodiversity, plant protection and quarantine, and veterinary medicine.

2. Forest owners must implement measures to prevent and control forest pests; when forest pests are detected in the assigned or leased forest area, they must immediately report to the plant protection and quarantine agency, and the nearest specialized veterinary management agency for guidance and support in preventive and control measures; strengthen the application of silvicultural and biological measures in preventing and controlling forest pests.

3. The Ministry of Agriculture and Rural Development is responsible for organizing epidemic forecasting; directing measures to prevent and control forest pests.

4. People's Committees at all levels organize and direct the prevention and control of forest pests in their localities, ensuring that forest pests do not spread to other localities.

Article 41. Specialized forest protection forces of the forest owner

1. The management board of special-use forests, the management board of protective forests where no Forest Rangers are established; state-owned enterprises, organizations not belonging to the armed forces that are assigned forests or leased forests and forest land by the State shall organize a professional forest protection force.

2. The professional forest protection force has the following duties and powers:

a) Patrol and inspect the protection of forests and forest land planned for forestry;

b) Implement measures for forest fire prevention and firefighting;

c) Implement measures to prevent and stop violations of regulations on forest management, protection, and development; authorized to use support tools as prescribed by law.

3. Forest owners are directly responsible for managing and directing the activities of the professional forest protection force; ensuring the regime for the professional forest protection force in accordance with legal regulations.

4. The Government shall provide detailed regulations on this Article.

Article 42. Inspection of the origin of forest products

1. Checking the origin of forest products includes activities such as inspecting forest product records, inspecting forest products during harvesting, transportation, processing, trading, exporting, importing, breeding, artificial cultivation, and storing forest products according to the provisions of the law.

2. The inspection of the origin of forest products is conducted according to a plan or unexpectedly when signs of legal violations are detected.

3. Forest rangers at all levels, within their duties and powers, shall take the lead and coordinate with the People's Police, People's Army, militia, market management, customs, and relevant agencies and organizations in the prevention, inspection, detection, and handling of violations according to the provisions of the law.

4. Within the scope of their tasks and powers, the People's Public Security forces, the People's Army, the militia, market management, customs, judicial agencies, and relevant agencies and organizations shall coordinate with the Forest Protection Department to perform functions, tasks, and powers as prescribed by law.

5. The Minister of Agriculture and Rural Development shall specify the dossiers for legal forest products, and the procedures and processes for managing the origin of forest products.

Article 43. Responsibility of the entire population for forest protection

1. State agencies, organizations, households, individuals, and communities are responsible for protecting forests in accordance with this Law, laws on fire prevention and fighting, environmental protection, biodiversity, plant and animal quarantine, and other relevant legal regulations.

2. Organizations, households, individuals, and community residents are responsible for promptly notifying the competent state agencies or forest owners about forest fires, harmful organisms affecting forests, and acts violating the regulations on forest management and protection; and complying with the mobilization of manpower and means by the competent state agencies in the event of a forest fire.

Chapter V. FOREST DEVELOPMENT

Article 44. Development of Forestry Tree Varieties

1. Establish a national tree seedling system to preserve genetic resources and provide sustainable high-quality seedlings.

2. Build and upgrade seedling forests, seed gardens, and elite tree gardens; for main crops, only seedlings, seed sources, and planting materials that are recognized are allowed for production and business.

3. Improve genetic quality, select, and create new varieties with high yield, high quality, good resistance, meeting the requirements of forestry product business and adapting to climate change.

4. Research and apply scientific and technical advances in selecting, creating, and propagating forestry crops for high productivity and quality; strengthen management capacity, production administration, and seed supply; raise awareness about forestry species for the public and agencies, organizations.

5. The Minister of Agriculture and Rural Development shall stipulate the list of main crop species; the procedures and processes for recognizing species, seed sources, and seed materials.

Article 45. Silvicultural measures

1. Silvicultural measures include:

a) Enclosing areas to promote natural regeneration or with supplemental planting;

b) Nurturing and enriching forests;

c) Improving natural forests;

d) Establishing new forests, reforesting, caring for, and nurturing planted forests.

2. The Minister of Agriculture and Rural Development shall stipulate this Article in detail.

Article 46. Development of special-use forests

1. For national parks, nature reserves, species-habitat conservation areas, the following activities shall be carried out:

a) Maintain the natural forest structure, ensuring the natural development of the forest in the strictly protected zones of special-use forests;

b) Restore the structure of natural forests; apply measures combining natural regeneration with forest enrichment, planting native tree species in the ecological restoration subzone of special-use forests and in the service and administrative subzones of special-use forests;

c) Rescue, conserve, and develop biological species.

2. For landscape protection areas, carry out the following activities:

a) Maintain the existing forest area;

b) Apply forest planting technical measures, enclosures to promote natural regeneration, and forest enrichment to improve forest quality.

3. For research and experimental forest areas, implement forest protection and development activities according to the scientific research tasks decided by the forest owner or competent state agency.

4. For national seed forests, carry out activities to maintain and develop forests according to the plan approved by the competent state agency.

5. For national botanical gardens, carry out activities of collecting, selecting, preserving, and planting native plant species associated with scientific research, training, environmental education, and tourism.

Article 47. Development of protection forests

1. For upstream protection forests and border protection forests, they must be developed into concentrated, contiguous forests, maintaining and forming forest structures to ensure protection functions.

2. For upstream protection forests, border protection forests, and forests protecting community water sources, carry out the following activities:

a) Protection, combining fenced nurturing to promote natural regeneration with forest enrichment;

b) Planting forests in vacant lands where natural regeneration to forest is not possible; planting mixed forests with multiple native species, multi-purpose trees, and non-timber forest products.

3. For wind-breaking and sand-fixing protection forests; protection forests breaking waves and reclaiming land from the sea, carry out the following activities:

a) Establish forest belts suitable to the natural conditions of each region;

b) Apply measures to plant forests with deep-rooted, firmly anchored trees, prioritizing native species that can grow in harsh conditions and have good resistance; plant additionally in areas that do not yet meet the criteria to become forest.

Article 48. Development of production forests

1. Maintain the area of production forests as existing natural forests; restore natural forests in areas previously exploited that have not met the criteria to become forest; only restore natural forests in areas that cannot self-recover.

2. Form concentrated plantation forest areas, applying modern biotechnology and intensive forest cultivation techniques to increase the productivity of planted forests and provide raw materials for the forest product processing industry.

3. Encourage the planting of mixed-species forests, non-timber forest products; combine the planting of fast-growing small timber trees and long-term large timber trees; convert small timber plantations into large timber plantations in suitable areas.

Article 49. Planting forest vegetation, breeding and developing forest animals

1. Organizations and individuals that artificially propagate and breed species of forest plants and animals that are rare, precious, or endangered; species of forest plants and animals listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and common forest animals must ensure the legality of their seed sources, that breeding facilities are safe for humans and domestic animals, maintain environmental hygiene, prevent diseases, and do not negatively affect the conservation of species populations in the natural environment.

2. The Government shall provide detailed regulations on the conditions, procedures, administrative steps, and authorities responsible for granting permits for the artificial propagation and breeding of species of forest plants and animals that are rare, precious, or endangered; species of forest plants and animals listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and common forest animals.

Article 50. Dispersed tree planting

1. Dispersed tree planting is planting trees outside forest areas to increase green space, create landscapes, protect the environment, and combine the provision of timber, firewood, and tourism services.

2. Agencies and organizations at central and local levels are responsible for propagating and mobilizing the entire population to implement the dispersed tree planting movement; organizing the planting, management, and protection of dispersed trees in urban areas, rural areas, and industrial zones.

3. The State has policies to support seedlings and provide technical guidance for dispersed tree planting.

Article 51. Infrastructure for forest protection and development

1. The forestry road system includes logging roads, timber transport roads, forest protection patrol roads; warehouses and yards for timber collection.

2. Works for preventing and controlling forest pests, rescue, protection, and development of forest animals and plants.

3. Forest fire prevention and fighting works include firebreak roads, forest fire watchtowers, observation stations, forest fire forecasting; canals, ditches, water storage tanks, dams, reservoirs for forest fire prevention and fighting.

4. Forest protection stations; signs, warning boards, boundary markers of forest areas, sub-forests, compartments, and forest plots.

5. Other necessary infrastructure works serving forest protection and development.

Chapter VI. FOREST USE

Section 1. USE OF SPECIAL-USE FORESTS

Article 52. Harvesting forest products in special-use forests

1. For national parks, nature reserves, species-habitat conservation areas, the following regulations apply:

a) No harvesting of forest products is allowed in the strictly protected zones of special-use forests; harvesting of dead trees or fallen trees in the ecological restoration zones of special-use forests is also prohibited;

b) Harvesting of dead trees, fallen trees, and fungi is allowed in the service zones; administrative zones of special-use forests;

c) Allowed to exploit and utilize timber, firewood, non-timber forest plants, and mushrooms within the cleared area for construction of works approved by the competent state authority;

d) Allowed to collect specimens of forest plant species, forest animals, mushrooms, and biological genetic resources for scientific and technological tasks after approval by the competent state authority.

2. For landscape protection forests, the regulations are as follows:

a) Allowed to exploit and utilize timber, firewood, non-timber forest plants, and mushrooms during the implementation of silvicultural measures to conserve, enhance, restore ecosystems, landscapes, culture, history, and within the cleared area for construction of works after approval by the competent state authority;

b) Collecting specimens of forest plant species, forest animals, fungi, and biological genetic resources according to scientific and technological tasks after being approved by the competent state agency;

c) For sacred forests, exploiting to the fullest extent dead trees, fallen trees, forest plants, fungi, and non-timber forest products; exploiting wood for community purposes after being approved by the competent state agency.

3. For research and scientific experimental forest areas, the regulations are as follows:

a) Exploiting forest products according to scientific and technological tasks after being approved by the competent state agency;

b) Utilizing wood, firewood, non-timber forest plants, and fungi during the process of forest compartment adjustment, forest nurturing, and applying other silvicultural measures; fully exploiting wood, firewood, and forest plants within the land clearance area for construction works approved by the competent state agency;

c) Allowed to exploit and collect forest plant species, forest animals, fungi, microorganisms, specimens of forest plants and animals, and genetic resources for scientific research and technology development.

4. For national botanical gardens and national seed forests, the following regulations apply:

a) Allowed to exploit seed materials;

b) Allowed to exploit and utilize timber, firewood, non-timber forest plants, and fungi during the process of forest compartment adjustment, forest nurturing, and applying other silvicultural measures; allowed to fully exploit timber, firewood, forest plants, and fungi within the clearance area for construction works approved by the competent state authority; allowed to fully exploit dead trees and fallen trees.

5. The exploitation of forest products in special-use forests shall be carried out in accordance with the provisions of this Law and the forest management regulations.

Amended and supplemented provisions:

Article 53. Scientific research, teaching, internships, ecotourism, recreation, and entertainment activities in special-use forests

1. Scientific research, teaching, internships, ecotourism, recreation, and entertainment activities in special-use forests shall be carried out according to forest management regulations and other relevant legal provisions. Recreation and entertainment activities shall not be conducted in strictly protected zones of special-use forests.

2. The forest owner shall prepare a project for ecotourism, recreation, and entertainment in special-use forests and submit it to the competent state authority for approval.

3. Organizations and individuals investing in ecotourism, recreation, and entertainment activities must prepare a project in accordance with relevant legal regulations and in line with the ecotourism, recreation, and entertainment project.

4. Forest owners may organize, cooperate, link, or lease the forest environment to organizations or individuals for ecotourism, resort, and recreational business within special-use forests, ensuring that it does not affect the conservation of natural ecosystems, biodiversity, environmental landscapes, and other functions of the forest.

Amended and supplemented provisions:

5. The procedures for developing, appraising, and approving ecotourism, resort, and recreational projects, as well as managing the construction of works serving ecotourism, resort, and recreational activities in special-use forests, shall be conducted in accordance with the Forest Management Regulations and other relevant legal provisions.

Article 54. Stabilizing the livelihoods of populations living in special-use forests and buffer zones of special-use forests

1. Migration from other places into special-use forests is not allowed.

2. The management board of the special-use forest contracts the protection and development of the forest with households, individuals, and local communities to protect and develop the forest. Based on specific conditions, the management board of the special-use forest coordinates with local authorities to develop resettlement projects and submit them to the competent state agency for approval in order to relocate people from the strict protection zones of the special-use forest.

3. For the ecological restoration zone of the special-use forest, the management board of the special-use forest either contracts the protection and development of the forest or cooperates and links with households, individuals, and local communities to protect and develop the forest.

4. Residential land and production land of households, individuals, and local communities interspersed within special-use forests that are not included in the special-use forest planning can continue to be used by households, individuals, and local communities in accordance with the land use planning approved by the competent state authority and in line with the sustainable forest management plan of the forest owner.

5. The management board of special-use forests is responsible for developing programs and investment projects for the development of buffer zones; organizing the implementation of buffer zone investment programs and projects with the participation of local communities; coordinating with local authorities to review and plan the management of residential and production land interspersed within special-use forests for submission to the competent state authority for approval.

6. Organizations, households, individuals, local communities, or organizations operating in the buffer zone have the right to supervise, participate in implementation, and coordinate the management of buffer zone investment programs and projects as prescribed by law.

7. The implementation of stabilizing the livelihoods of residents living in special-use forests and the buffer zones of special-use forests according to the Forest Management Regulations.

Chapter 2. USE OF PROTECTIVE FORESTS

Article 55. Exploitation of forest products in protective forests

1. For protective forests that are natural forests, the harvesting of dead trees, fallen trees, diseased trees, or trees standing at a density higher than the prescribed density is allowed.

2. For protective forests that are natural forests, the exploitation of non-timber forest products is regulated as follows:

a) Harvesting of bamboo shoots, bamboo, rattan, and mushrooms in protective forests is allowed once the protective requirements have been met;

b) Harvesting of other non-timber forest products is allowed as long as it does not affect the protective capacity of the forest.

3. For protective forests that are planted forests, the regulations are as follows:

a) It is permitted to harvest auxiliary trees and thin out when the planted forest density is higher than the prescribed density;

b) It is permitted to harvest main plantation trees when they meet the harvesting standards according to selective logging or clear-cutting by strips or forest blocks;

c) After harvesting, the forest owner must carry out regeneration or replant the forest in the next planting season and continue to manage and protect it.

4. The harvesting of forest products in protective forests shall be carried out in accordance with the provisions of this Law and the Forest Management Regulations.

Amended and supplemented provisions:

Article 56. Scientific research, teaching, internships, ecotourism, recreation, and entertainment activities in protective forests

1. Scientific research, teaching, and internship activities in protective forests shall be conducted in accordance with the Forest Management Regulations and other relevant legal provisions.

2. The forest owner develops a project for ecotourism, resort, and entertainment in the protective forest and submits it to the competent state authority for approval.

3. Organizations and individuals investing in ecotourism, recreation, and entertainment activities must prepare a project in accordance with relevant legal regulations and in line with the ecotourism, recreation, and entertainment project.

4. Forest owners may organize, cooperate, link, or lease the forest environment to organizations or individuals for the business of ecotourism, resort, and recreation in the forest, ensuring that it does not affect the conservation of natural ecosystems, biodiversity, environmental landscape, and other functions of the forest area.

Amended and supplemented provisions:

5. The procedures for developing, appraising, and approving ecotourism, resort, and recreation projects, as well as the forest land area used for building facilities serving ecotourism, resort, and recreation in protection forests, shall be implemented in accordance with the Forest Management Regulations and other relevant legal provisions.

Article 57. Combined forestry, agriculture, and aquaculture production in protection forests

1. It is permitted to interplant agricultural crops, non-timber forest products; raise livestock and aquaculture under the forest canopy, provided that it does not affect the protective function of the forest.

2. Use land area that does not have forest for agricultural and aquacultural production in combination, without affecting the protective capacity of the forest.

3. The combined forestry, agricultural, and aquacultural production in protective forests is carried out according to the Forest Management Regulations and other relevant legal provisions.

Chapter 3. USE OF PRODUCTION FORESTS

Article 58. Harvesting forest products in production forests that are natural forests

1. Conditions for harvesting forest products in production forests that are natural forests are as follows:

a) If the forest owner is an organization, it must have a sustainable forest management plan approved by a competent state authority;

b) If the forest owner is a household, individual, or local community, the wood harvesting must be proposed and approved by the district-level People’s Committee.

2. The harvesting of forest products in production forests that are natural forests is carried out in accordance with the provisions of this Law and the Forest Management Regulations.

Article 59. Harvesting forest products in production forests that are planted forests

1. The forest owner decides to exploit the planted forest owned by themselves.

2. In the case of a planted forest funded by the state budget, the forest owner must prepare a forest product exploitation dossier and submit it to the competent state authority for approval of the decision on the source of funds.

3. The exploitation of forest products in production forests, which are planted forests, shall be carried out in accordance with the provisions of this Law and the Forest Management Regulation.

Article 60. Combined forestry, agriculture, and fisheries production, scientific research, teaching, practice, ecotourism business, recreation, and entertainment in production forests

1. It is allowed to interplant agricultural crops and non-timber forest products; livestock and aquaculture under the forest canopy are permitted, provided they do not degrade forest quality.

2. It is allowed to use land areas without forests for combined agricultural and fisheries production, provided that soil degradation and pollution are avoided; the purpose of forest land use shall not be changed.

3. Allowed to combine business in ecotourism, resort services, entertainment, scientific research, teaching, and internships.

Amended and supplemented provisions:

4. Allowed to independently organize, cooperate, form joint ventures, link up, or lease forest areas and forest environments to organizations or individuals in accordance with the forest owner’s rights for ecotourism, resort, and entertainment business.

5. Allowed to construct works serving ecotourism, resort, and entertainment.

6. The activities specified in this Article shall be carried out in accordance with the Forest Management Regulations and other relevant legal provisions.

Section 4. FOREST ENVIRONMENTAL SERVICES

Article 61. Types of forest environmental services

1. Soil protection, reducing erosion and sedimentation in reservoirs, rivers, and streams.

2. Regulate and maintain water sources for production and social life.

3. Absorb and store carbon in forests; reduce greenhouse gas emissions by limiting deforestation and forest degradation, managing forests sustainably, and promoting green growth.

4. Protect and maintain the natural landscape beauty, conserve biodiversity of forest ecosystems for tourism service business.

5. Provide spawning grounds, food sources, natural seedlings, water from forests, and environmental and forest ecosystem elements for aquaculture.

Article 62. Principles of payment for forest environmental services

1. Forests are eligible for payment for forest environmental services when meeting the criteria specified in Clause 3, Article 2 of this Law and providing one or more forest environmental services prescribed in Article 61 of this Law.

2. The party using the forest environmental services must pay for the forest environmental services to the party providing the forest environmental services.

3. Implement payment for forest environmental services in cash through direct payment or indirect payment methods.

4. The payment for forest environmental services is a component of the cost of products, goods, and services of the party using forest environmental services.

5. Ensure transparency, democracy, objectivity, fairness; in accordance with the laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a member.

Article 63. Subjects, forms of payment, and management of the use of forest environmental service funds

1. Subjects entitled to receive payments for forest environmental services include:

a) Forest owners as prescribed in Article 8 of this Law;

b) Organizations, households, individuals, and residential communities that have contracts for the protection and development of forests with forest owners being organizations established by the State;

c) Commune-level People's Committees and other organizations assigned by the State to manage forests in accordance with the law.

2. Subjects required to pay forest environmental service fees are regulated as follows:

a) Hydropower production facilities must pay service fees for soil protection, reducing erosion and sedimentation in reservoirs, rivers, and streams, and for regulating and maintaining water resources for hydropower production;

b) Facilities producing and supplying clean water must pay service fees for regulating and maintaining water resources for clean water production;

c) Industrial production facilities must pay service fees for regulating and maintaining water resources for industrial production;

d) Organizations and individuals engaged in eco-tourism, resort, and recreational services must pay service fees for protecting and maintaining natural landscape beauty and conserving the biodiversity of forest ecosystems;

e) Organizations and individuals involved in production and business activities that cause large greenhouse gas emissions must pay service fees for forest carbon absorption and storage.

e) Aquaculture establishments must pay for the services of providing spawning grounds, natural feed, fingerlings, water sources, and factors from the environment and forest ecosystems for aquaculture;

g) Other subjects as prescribed by law.

3. The form of payment for forest environmental services is stipulated as follows:

a) The party using forest environmental services pays directly to the party providing forest environmental services;

b) The party using forest environmental services pays the party providing forest environmental services through a forest protection and development fund.

c) The State encourages the application of direct payments for all cases if the service provider and the user of forest environmental services voluntarily agree based on the payment rates for services prescribed by the Government.

4. The management of the use of forest environmental service funds is implemented as follows:

a) Determine the total revenue from forest environmental services;

b) Determine the payment rates for forest environmental services;

c) Determine the subjects eligible for forest environmental service payments;

d) Determine the forms of payment for forest environmental services;

đ) Prepare a plan for income and expenditure of forest environmental services;

e) Determine cases eligible for exemption or reduction of forest environmental service payments;

g) Organize the payment of forest environmental services;

h) Inspect and supervise the management of the use of forest environmental service funds.

5. The Government shall specify in detail the subjects, forms of payment, payment levels for forest environmental services, and adjust, exempt, or reduce the payment levels for forest environmental services; manage the use of funds from forest environmental services.

Article 64. Rights and obligations of the users of forest environmental services

1. The users of forest environmental services have the following rights:

a) To be informed about the implementation situation and results of forest protection and development within the forest area providing forest environmental services; to be informed about the area, quality, and condition of forests in the area providing forest environmental services;

b) To be informed by the Forest Protection and Development Fund about the results of payment delegation of forest environmental service fees to the providers of forest environmental services;

c) To participate in the planning, organization of implementation, inspection, supervision, and acceptance of the results of forest protection and development within the forest area providing forest environmental services;

d) Propose to the competent state agency to consider adjusting the payment for forest environmental services in cases where the provider of forest environmental services does not ensure the correct forest area or degrades the quality or condition of the forest while the service user has already paid the corresponding amount.

2. The forest environmental service user has the following obligations:

a) Sign the contract, declare the amount of forest environmental service fees to be paid and entrusted to the forest protection and development fund;

b) Pay the forest environmental service fees in full and on time according to the contract to the forest owner in the case of direct payment or to the forest protection and development fund in the case of indirect payment.

Article 65. Rights and obligations of the provider of forest environmental services

1. The provider of forest environmental services has the following rights:

a) Request the payment for the use of forest environmental services as prescribed in Clause 3, Article 63 of this Law;

b) Be provided with information on the value of forest environmental services;

c) Participate in the development of plans, preparation of dossiers for payment, and inspection of the implementation process of forest environmental service payments by state management agencies and by the Forest Protection and Development Fund.

2. The forest environmental service provider has the following obligations:

a) Must ensure that the area providing forest environmental services is protected and developed according to the planning and management plans approved by the competent state authorities for each type of forest;

b) Organizations, households, individuals, and residential communities that receive forest protection and development contracts must ensure that the area providing forest environmental services is protected and developed according to the contract signed with the forest owner;

c) The party providing forest environmental services that is an organization established by the State must manage and use the payment received in accordance with the provisions of the law.

Chapter VII. PROCESSING AND TRADE OF FOREST PRODUCTS

Section 1. FOREST PRODUCT PROCESSING

Article 66. Policy on the development of forest product processing

1. The policy on developing forest product processing is regulated as follows:

a) Support enterprises to cooperate, form joint ventures, and link with forest owners to create raw material zones, manage forests sustainably, consume products, apply science, high technology, advanced technology, new technology, and green growth solutions, increasing added value;

b) Prioritize the development of supporting industries in forest product processing;

c) Support training of human resources in forest product processing.

2. The policy on developing forest product processing as stipulated in Clause 1 of this Article is implemented in accordance with the Government's regulations.

Article 67. Processing of specimens of forest plant and animal species

1. Facilities for processing and the processing activities of specimens of forest plant species and forest animal species must comply with the provisions of this Law, investment, enterprise, environmental protection, plant and animal quarantine, product quality, goods, food safety laws, and be consistent with the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

2. The processing of specimens of endangered, precious, rare forest plant and forest animal species, and specimens of wild forest plant species and wild forest animal species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora must ensure the following conditions:

a) Specimens legally sourced from artificial cultivation or breeding facilities;

b) Specimens legally sourced from natural extraction;

c) Specimens confiscated following legal regulations.

3. Processing of forest plant and animal specimens must ensure legal origin.

Article 68. Rights and obligations of forest product processing facilities

1. Forest product processing facilities have the following rights:

a) To produce forest products not prohibited by the State;

b) To have the State ensure legal rights and interests; support production and processing chain linkage; apply policies provided in Article 66 of this Law and laws on investment and enterprises in rural areas, especially in deep and remote areas.

2. Forest product processing facilities have the following obligations:

a) Comply with the provisions of law on investment, enterprises, environmental protection, labor, finance; regulations on legal timber documentation and verification of timber origin;

b) Processing specimens of forest plant and animal species must be carried out according to the provisions of Article 67 of this Law;

c) Comply with the management, inspection, and supervision of competent state agencies during the production process.

Article 69. Vietnam Legal Timber Assurance System

1. The State shall develop and operate the Vietnam Legal Timber Assurance System; issue criteria, authority, procedures, and processes for classifying enterprises engaged in logging, transportation, consumption, processing, and export of timber and timber products.

2. The Government shall provide detailed regulations on this Article.

Section 2. FOREST PRODUCT TRADE

Article 70. Policy on developing the forest product market

1. The policy for the development of the forest products market is regulated as follows:

a) Organizations and individuals that cooperate, link, purchase, and consume forest products are provided with preferential credit according to the provisions of the law;

b) The State supports activities for brand building, trade promotion, market development, and providing domestic and international forest product market information.

2. The policy for the development of the forest products market specified in Clause 1 of this Article is implemented according to the provisions of the Government.

Article 71. Rights and obligations of forest product commercial establishments

1. Forest product commercial establishments have the following rights:

a) To trade in forest product goods that the State does not prohibit;

b) To have their legal rights and interests guaranteed by the State; to receive support for cooperation and linking of the forest product business chain; to apply the policies specified in Article 70 of this Law and the laws on investment and enterprises in rural areas, especially in remote and isolated areas.

2. Forest product trading establishments have the following obligations:

a) Comply with the provisions of law on investment, enterprises, environmental protection, labor, finance; regulations on legal timber documentation and verification of timber origin;

b) Comply with management, inspection, and supervision during business operations by competent state agencies.

Article 72. Management of forest product trade and trading of specimens of forest plant and animal species

1. Management of forest product trade is regulated as follows:

a) Forecast the market and orient the development of forest product processing in each period;

b) Negotiate international treaties on trade, open the forest product market, mutually recognize legal timber and sustainable forest management criteria;

c) Issue licenses and certificates for export and import of forest products in accordance with international treaties to which the Socialist Republic of Vietnam is a member;

d) The export, import, temporary import, re-export, temporary export, re-import, and transit of specimens of forest plant and wildlife species for commercial purposes must comply with the regulations of Vietnamese law and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);

d) Domestic trade of forest products must comply with regulations on legal forest product documentation and verification of forest product origin;

e) The Government shall provide detailed regulations on this clause.

2. The business of specimens of forest plant and wildlife species is regulated as follows:

a) The business of specimens of endangered, precious, and rare forest plant and wildlife species; wild forest plant species and wild wildlife species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora must ensure traceability and management throughout the chain from harvesting, cultivation, breeding to processing and consumption;

b) Specimens of species specified in point a of this clause must be marked to identify their legal origin according to the nature and type of each specimen, ensuring protection against forgery or erasure;

c) The Minister of Agriculture and Rural Development shall stipulate the order, procedures, documentation for tracing origin, and marking of specimens of species specified in points a and b of this clause.

Chapter VIII. RIGHTS AND OBLIGATIONS OF FOREST OWNERS

Section 1. GENERAL RIGHTS AND OBLIGATIONS OF FOREST OWNERS

Article 73. General rights of forest owners

1. To be recognized by competent state agencies for the right to use the forest and the ownership of production forests as planted forests in accordance with the law.

2. To enjoy additional forest products from forests into which one has personally invested, including natural forests and planted forests that are special-use forests or protection forests.

3. Use the forest in accordance with the forest allocation term, forest lease, and land allocation term, land lease for forest planting as prescribed by this Law and the land law.

4. Be provided with forest environmental services and benefit from forest environmental services.

5. Receive guidance on techniques and other support as prescribed to protect and develop forests, conserve forest biodiversity; benefit from infrastructure works serving forest protection and development invested by the State.

6. Be compensated by the State for the value of the forest, assets legally invested and constructed by the forest owner at the time of forest recovery decision.

7. Receive financial support from the State for forest owners developing production forests in case of damage caused by natural disasters.

8. Cooperate and link with domestic and foreign organizations and individuals to protect and develop forests.

9. Be ensured other lawful rights and interests.

Article 74. General obligations of forest owners

1. Manage, protect, develop, and use forests sustainably in accordance with the Forest Management Regulations, the provisions of this Law, and other relevant legal regulations.

2. Implement regulations on monitoring forest changes.

3. Return the forest when the State recovers the forest in accordance with the provisions of this Law.

4. Conserve forest biodiversity, forest plants, and forest animals.

5. Prevent and fight forest fires; prevent and control organisms harmful to the forest.

6. Comply with the management, inspection, and handling of violations by competent state agencies.

7. Fulfill financial obligations and other obligations as prescribed by law.

Section 2. RIGHTS AND OBLIGATIONS OF FOREST OWNERS BEING SPECIAL-USE FOREST MANAGEMENT BOARDS AND PROTECTED FOREST MANAGEMENT BOARDS

Article 75. Rights and obligations of special-use forest management boards

1. Special-use forest management boards have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) Enjoy investment policies for the protection and development of special-use forests in accordance with the provisions of Article 94 of this Law;

c) Exploit forest products in special-use forests in accordance with the provisions of Article 52, exploit natural production forests in accordance with the provisions of Article 58, and exploit planted production forests in accordance with the provisions of Article 59 of this Law;

d) Be allowed to lease forest environments; cooperate and associate in ecotourism business; engage in recreation and entertainment except for the strictly protected zones of special-use forests according to the sustainable forest management plan approved by the competent state authority;

đ) Conduct scientific and technological activities, teaching, internships, and international cooperation.

2. The management board of special-use forests has the following obligations:

a) The obligations prescribed in Article 74 of this Law;

b) Prepare and submit to the competent state authority for approval the sustainable forest management plan and implement the approved plan;

c) Support the local community in the buffer zone to stabilize their lives and develop socio-economic activities in accordance with the provisions of Article 54 of this Law;

d) Entrust forest protection and development to households, individuals, and local communities in accordance with the provisions of the Government.

Article 76. Rights and obligations of the management board of protection forests

1. The management board of protection forests has the following rights:

a) The rights specified in Article 73 and point d, Clause 1, Article 75 of this Law;

b) To lease forest environments; cooperate and link in eco-tourism, resort, and entertainment business according to the sustainable forest management plan approved by the competent state agency;

c) Enjoy investment policies for the protection and development of protection forests and special-use forests according to the provisions of Article 94 of this Law;

d) Harvest forest products in special-use forests which are landscape protection zones as stipulated in Article 52, protection forests according to Article 55, production forests that are natural forests according to Article 58, and production forests that are planted forests according to Article 59 of this Law.

2. The management board of protection forests has the following obligations:

a) The obligations prescribed in Article 74 of this Law;

b) Prepare and submit to the competent state authority for approval the sustainable forest management plan and implement the approved plan;

c) Contract protection and development of forests to households, individuals, and local communities according to the provisions of the Government.

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

Article 77. Rights and obligations of economic organizations assigned by the State to manage national tree species interspersed within the allocated forest area

1. Economic organizations assigned by the State to manage national tree species interspersed within the allocated forest area have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) Be guaranteed by the State with investment funding to maintain and develop seed forests according to the plan approved by the competent state authority;

c) Exploit forest products in national seed forests in accordance with the provisions of Article 52 of this Law;

d) Sell products to generate revenue and manage and use the revenue in accordance with financial law regulations.

2. Economic organizations assigned by the State with national seed forests interspersed within the allocated forest area have the following obligations:

a) The obligations prescribed in Article 74 of this Law;

b) Develop and organize the implementation of the plan to maintain and develop seed forests approved by the competent state authority.

Article 78. Rights and obligations of economic organizations assigned by the State with protection forests, special-use forests as scenic protection areas

1. Economic organizations assigned by the State with protection forests, special-use forests as scenic protection areas have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) To enjoy the investment policy for the protection and development of special-use forests and protection forests according to the provisions of Article 94 of this Law;

c) To exploit forest products in special-use forests designated as landscape protection areas according to the provisions of Article 52, and protection forests according to the provisions of Article 55 of this Law;

d) To lease the forest environment; cooperate and link to invest in the development of ecological tourism, resorts, entertainment; produce forestry, agriculture, and fishery products in combination according to a sustainable forest management plan approved by the competent state authority.

2. An economic organization that is assigned protection forests or special-use forests as landscape protection areas by the State has the following obligations:

a) The obligations prescribed in Article 74 of this Law;

b) Prepare and submit to the competent state authority for approval the sustainable forest management plan and implement the approved plan;

c) To sign contracts for the protection and development of forests with households; individuals, and local resident communities according to the provisions of the Government.

Article 79. Rights and obligations of economic organizations leased production forests by the State

1. Economic organizations leased production forests by the State have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) Be entitled to share the benefits from the forest according to the forest lease contract;

c) Be entitled to own crops, livestock, and other assets attached to the forest invested by the forest owner;

d) Exploit forest products in production forests that are natural forests as prescribed in Article 58, and production forests that are planted forests as prescribed in Article 59 of this Law.

2. Economic organizations that are leased production forests by the State have the following obligations:

a) The obligations prescribed in Article 74 of this Law;

b) Develop and submit to the competent state authority a sustainable forest management plan and implement the approved plan.

Article 80. Rights and obligations of economic organizations assigned land or leased land by the State for afforestation.

1. Economic organizations assigned land by the State to plant protection forests using state budget capital have the following rights and obligations:

a) The rights and obligations stipulated in Articles 73 and 74 of this Law;

b) To organize forest planting according to the cost estimates and designs approved by the funding authority;

c) To harvest forest products in protection forests according to the provisions of Article 55 of this Law and to share benefits from the forest according to State policies.

2. Economic organizations assigned land by the State to plant protection forests using self-invested capital have the following rights and obligations:

a) The rights and obligations stipulated in Articles 73 and 74 of this Law;

b) To own intercropped plants, livestock, and other assets on protection forest land;

c) To harvest forest products in protection forests according to the provisions of Article 55 of this Law.

3. Economic organizations leased land by the State to plant production forests using self-invested capital have the following rights and obligations:

a) The rights and obligations stipulated in Articles 73 and 74 of this Law;

b) To own plants, livestock, and other assets on the forest land;

c) Exploiting forest products in production forests that are planted forests according to the provisions in Article 59 of this Law;

d) Being allowed to transfer, lease production forests that are planted forests; pledge, contribute capital through the value of production forests that are planted forests.

Section 4. RIGHTS AND OBLIGATIONS OF FOREST OWNERS AS HOUSEHOLDS, INDIVIDUALS, OR RESIDENT COMMUNITIES

Article 81. Rights and obligations of households and individuals assigned protective forests by the State

1. Households and individuals assigned protective forests by the State have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) To have the State ensure funding for the protection and development of the forest;

c) To exploit forest products in protective forests according to the provisions of Article 55 of this Law and to share benefits from the forest according to State policies;

d) To convert the forest area assigned to households and individuals within the same commune, ward, or town; individuals are allowed to leave the forest use rights to their heirs according to legal regulations.

2. Households and individuals allocated protective forests by the State have the obligations prescribed in Article 74 of this Law.

Article 82. Rights and obligations of households and individuals allocated production forests by the State

1. Households and individuals allocated production forests by the State have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) For production forests that are natural forests, they have the right to exploit forest products in accordance with the provisions of Article 58 of this Law and to share benefits from the forest according to State policies;

c) For production forests that are planted forests, they have the right to exploit forest products in accordance with the provisions of Article 59 of this Law; to share benefits from the forest according to State policies; and to own crops, livestock, and other assets attached to the planted forest invested by the forest owner;

d) To convert the forest area assigned to households and individuals within the same commune, ward, or town; individuals are allowed to leave the forest use rights to their heirs according to legal regulations.

2. Households and individuals allocated production forests by the State have the obligations prescribed in Article 74 of this Law.

Article 83. Rights and obligations of households and individuals leased production forests by the State

1. Households and individuals leased production forests by the State have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) To share benefits from the forest according to the forest lease contract; to own crops, livestock, and other assets attached to the planted forest invested by the forest owner;

c) To exploit forest products in production forests that are natural forests in accordance with the provisions of Article 58, and production forests that are planted forests in accordance with the provisions of Article 59 of this Law;

d) Individuals are allowed to leave the right to use the forest to their heirs in accordance with the provisions of law.

2. Households and individuals leased production forests by the State have the obligations provided for in Article 74 of this Law.

Article 84. Rights and obligations of households and individuals allocated land by the State for planting production forests and protection forests

1. Households and individuals allocated land by the State for planting production forests and protection forests have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) To own crops, livestock, and other assets on production forest land invested by the forest owner;

c) To own intercropped plants, livestock, and other assets on protection forest land invested by the forest owner;

d) To exploit forest products in protection forests in accordance with the provisions of Article 55, and in production forests which are planted forests in accordance with the provisions of Article 59 of this Law;

đ) To share benefits from the forest in the case of planting forests using state budget capital;

e) To transfer, gift, lease production forests that are planted forests; to mortgage or contribute capital using the value of the production forest that is a planted forest;

g) Individuals are allowed to retain ownership of production forests that are planted forests, and the right to use the forest can be transferred to heirs in accordance with the law.

2. Households and individuals who are allocated land by the State to plant production forests or protection forests have the obligations prescribed in Article 74 of this Law.

Article 85. Rights and obligations of households and individuals who are leased land by the State to plant production forests

1. Households and individuals who are leased land by the State to plant production forests have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) To own crops, livestock, and other assets on the forested land; to exploit forest products in production forests that are planted forests in accordance with Article 59 of this Law;

c) To transfer, donate, lease production forests that are planted forests; to mortgage or contribute the value of production forests that are planted forests during the land lease period; individuals are allowed to leave ownership rights of forests to heirs in accordance with the law.

2. Households and individuals who are leased land by the State to plant production forests have the obligations specified in Article 74 of this Law.

Article 86. Rights and obligations of community residents assigned belief forests, protection forests, and production forests by the State

1. Communities assigned belief forests, protection forests, and production forests have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) To be ensured by the State funding for the protection and development of special-use forests and protection forests assigned to the community;

c) To be guided in integrated forestry, agriculture, and fishery production, cultivating under the forest canopy, and grazing livestock according to the Forest Management Regulations; to be supported in forest economic development and to be supported in forest restoration with native forestry species;

d) Exploiting forest products in special-use forests that are belief forests in accordance with the provisions of Article 52, protection forests in accordance with the provisions of Article 55, production forests that are natural forests in accordance with the provisions of Article 58, production forests that are planted forests in accordance with the provisions of Article 59 of this Law; sharing benefits from the forest according to the State's policy; owning plants, livestock, and other assets on forest planting land invested by the forest owner.

2. The community of residents assigned belief forests, protection forests, and production forests has the following obligations:

a) The obligations prescribed in Article 74 of this Law;

b) Perfecting and implementing the customary regulations and agreements on forest protection and development in accordance with the provisions of this Law and other relevant legal regulations;

c) Ensuring the maintenance of the area of the assigned forest;

d) Not dividing the forest among members of the community;

đ) Not transferring, leasing, or gifting the forest use rights; not mortgaging or contributing capital in the form of forest use rights.

Section 5. RIGHTS AND DUTIES OF FOREST OWNERS WHO ARE ARMED UNITS; SCIENTIFIC AND TECHNOLOGICAL ORGANIZATIONS, TRAINING, OCCUPATIONAL EDUCATION; ENTERPRISES WITH FOREIGN INVESTMENT CAPITAL

Article 87. Rights and obligations of armed units assigned by the State to special-use forests as landscape protection forests, protection forests, and production forests

1. Armed units assigned by the State to special-use forests as landscape protection forests, protection forests, and production forests have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) To have the State ensure funding for the protection and development of special-use forests and protection forests;

c) To exploit forest products in special-use forests as landscape protection forests in accordance with the provisions of Article 52, protection forests in accordance with the provisions of Article 55, production forests as natural forests in accordance with the provisions of Article 58, and production forests as planted forests in accordance with the provisions of Article 59 of this Law.

2. Armed units assigned by the State to special-use forests such as landscape protection areas, protection forests, and production forests have the following obligations:

a) The obligations prescribed in Article 74 of this Law;

b) Ensure the maintenance of the assigned forest area;

c) Not allowed to transfer, donate, lease the right to use the forest; mortgage or contribute capital using the value of the forest use rights.

Article 88. Rights and obligations of scientific and technological organizations, vocational training, and forestry education organizations assigned by the State to research and experimental forests, national botanical gardens, and national seed forests

1. Scientific and technological organizations, vocational training, and forestry education organizations assigned by the State to research and experimental forests, national botanical gardens, and national seed forests have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) Exploit forest products in research and experimental forests, national botanical gardens, and national seed forests in accordance with the provisions of Article 52 of this Law;

c) Cooperate and link with domestic and foreign organizations and individuals to carry out scientific and technological tasks;

d) Be allowed to sell planted forest products, forestry seedlings, and other forest products according to the Forest Management Regulations.

2. Scientific and technological organizations, vocational training and education organizations in forestry that are assigned by the State with research and experimental forests, national botanical gardens, and national seed forests have the following obligations:

a) The obligations prescribed in Article 74 of this Law;

b) Not allowed to transfer, gift, lease the right to use the forest; pledge, contribute capital with the value of the right to use the forest;

c) Carry out scientific and technological tasks, vocational training and education in forestry.

Article 89. Rights and obligations of foreign-invested enterprises leased land by the State for production forest plantation

1. Foreign-invested enterprises leased land by the State for production forest plantation have the following rights:

a) The rights stipulated in Article 73 of this Law;

b) Own crops, livestock, and other assets invested by the enterprise on land leased in accordance with the provisions of law;

c) Exploit forest products in production forests that are planted forests in accordance with the provisions of Article 59 of this Law.

2. Enterprises with foreign investment allowed by the State to lease land for planting production forests have the obligations specified in Article 74 of this Law.

Chapter IX. FOREST VALUATION, INVESTMENT, FINANCE IN FORESTRY

Section 1. FOREST VALUATION IN FORESTRY

Article 90. Forest valuation

1. Forest valuation includes activities aimed at determining the total economic value of the forest.

2. The principles of forest valuation are stipulated as follows:

a) In accordance with the value of forest products and the value of forest environmental services being traded on the market at the time of valuation;

b) Suitable for each type of forest associated with regulations on forest use rights, profitability, and income from the forest;

c) Ensure publicity, transparency, objectivity, and scientific basis.

Amended and supplemented provisions:

3. The Minister of Agriculture and Rural Development shall regulate the method of forest valuation; the price framework for production forests, protection forests, and special-use forests owned by the entire people.

Amended and supplemented provisions:

4. The provincial People's Committee shall decide on the forest price framework in the management area.

Article 91. Cases of forest valuation

1. In cases where the State allocates forests, organizes auctions for forest use rights, leases forests; calculates the forest value when implementing payment for forest environmental services.

2. In cases where the State recovers forests, liquidates forests; determines the contributed capital value; privatizes state-owned enterprises, divests state capital.

3. Cases of determining the compensation value in case of illegal acts causing damage to the forest; damage due to natural disasters, forest fires, and other damages to the forest; determining the forest value to resolve disputes related to the forest.

4. Cases of determining taxes, fees, and charges related to the forest.

5. Other cases as required by competent state agencies.

Section 2. INVESTMENT AND FINANCE IN FORESTRY

Article 92. Financial sources in forestry

1. State budget.

2. Investment, contributions, donations, sponsorships from domestic and foreign organizations and individuals.

3. Revenue from the exploitation of forest products; leasing of forest and forest land.

4. Revenue from fulfilling the obligation to pay for reforestation due to conversion of forest land to other purposes.

5. Revenue from forest environmental services and forest environment leasing.

6. Credit capital from domestic and foreign financial institutions.

7. Other financial sources as prescribed by law.

Article 93. Forestry activities eligible for the use of the state budget

1. Based on the requirements of forestry management, development, and the capacity of the state budget in each period, the Government shall specify the activities eligible for the use of the state budget.

2. The preparation, implementation, auditing, finalization, and supervision of the state budget for forestry shall be carried out in accordance with the provisions of the law on the state budget.

Article 94. Policy on investment for forest protection and development

1. The State has investment policies for the following activities:

a) Protection and development of special-use forests and protection forests;

b) Protection and rescue of forest plants and endangered, precious, and rare forest animals;

c) Research, application of scientific research results, technology development, and human resource training serving state management of forestry;

d) Construction of research and development zones, high-tech zones;

d) Invest in means, equipment, and devices to protect forests; monitor and alert forest fire risks; construct forest fire prevention and firefighting works; prevent and control harmful forest organisms;

e) Build, upgrade, and renovate infrastructure for the protection and development of special-use forests and protection forests.

2. The State has policies to support investment in the following activities:

a) Activities for transferring high technology, advanced technology, new technology, forestry extension, and certification of sustainable forest management;

b) Develop infrastructure associated with investment in the development and business of production forests following the value chain;

c) Cooperate and link to protect and develop forests of ethnic minority people and local communities associated with socio-economic development programs and new rural construction;

d) Train, nurture, and develop human resources for forest owners;

đ) Promote investment, develop markets and trade in forestry activities; expand and enhance international cooperation in forestry.

3. The State has preferential investment policies for the following activities:

a) Develop production forests in vacant land and bare hills;

b) Plant large wood forests and convert small wood plantations into large wood plantations; develop non-timber forest products;

c) Restore natural forests;

d) Develop high-tech forestry plant varieties.

4. The Government shall provide detailed regulations on this Article.

Article 95. Forest Protection and Development Fund

1. The Forest Protection and Development Fund is a state financial fund outside the state budget; it is organized and operates as a public non-business unit, established by a competent state authority.

2. The operating principles of the Forest Protection and Development Fund are stipulated as follows:

a) Activities are non-profit;

b) Only support programs, projects, or non-project activities related to forest protection and development for which the state budget has not yet invested or does not meet the investment requirements;

c) Ensure transparency, clarity, and efficiency; manage and use properly for the intended purposes and in accordance with legal regulations.

3. The organization of the Forest Protection and Development Fund is stipulated as follows:

a) The Vietnam Forest Protection and Development Fund is established at the central level by the Minister of Agriculture and Rural Development;

b) The provincial-level Forest Protection and Development Fund is established by the Chairman of the Provincial People's Committee.

4. Financial resources for the establishment of the Forest Protection and Development Fund include:

a) Donations, voluntary contributions, and entrusted capital from domestic and foreign organizations and individuals;

b) Payments for forest environmental services;

c) Funds for reforestation to replace forest areas converted to other purposes;

d) Other legal financial sources outside the state budget.

5. Annually, the Minister of Agriculture and Rural Development shall report to the Prime Minister on the management and use of the Vietnam Forest Protection and Development Fund; the Chairman of the Provincial People's Committee shall report to the Minister of Agriculture and Rural Development on the management and use of the forest protection and development fund at the provincial level.

6. The Government shall stipulate in detail the tasks, organizational structure, financial sources, and mechanisms for managing and using the finances of the forest protection and development fund.

Chapter X. SCIENCE AND TECHNOLOGY, INTERNATIONAL COOPERATION IN FORESTRY

Article 96. Scientific and technological activities in forestry

1. Apply high technology, advanced technology, and new technology in the following activities:

a) Surveying, inventorying, and monitoring forest changes;

b) Forest fire prevention and fighting; prevention and control of forest pests;

c) Selection, creation, and propagation of timber and non-timber forest plants;

d) Intensive cultivation of plantation forests for large timber, planting native species, mixed-species forest planting; modernization of the processes of planting, caring for, protecting, and harvesting forests;

e) Forest restoration, improving the quality of poor natural forests;

g) Exploitation, transportation, processing, and preservation of forest products;

h) Supporting industries in forest product processing.

2. Research on forest ecosystems and the environmental service values of forests.

3. Research solutions for forest biodiversity conservation and climate change adaptation.

4. Research on innovating forestry production organization models along the value chain, associated with sustainable forest development; sustainable models combining forestry, agriculture, and aquaculture.

5. Transfer technology and research results in the field of forestry into production, business, and forestry management.

6. Build and complete the system of national technical standards and regulations on forestry.

Article 97. Science and technology policy on forestry

1. The State shall have mechanisms and policies prioritizing scientific research and technology development suitable to the growth and development cycles of forests and the application of scientific and technological advancements in forestry.

2. The State prioritizes investment in science and technology activities specified in points a, b, c, and d of clause 1, clauses 2, 3, and 6 of Article 96 of this Law.

3. The State encourages and creates conditions for the implementation of scientific and technological activities specified in points d, e, and g of Clause 1, Clause 4, and Clause 5 of Article 96 of this Law.

Article 98. International cooperation activities in forestry

1. The State of the Socialist Republic of Vietnam carries out international cooperation in forestry with countries, territories, and international organizations on the basis of equality, mutual benefit, respect for the independence, sovereignty, and laws of each party, and international law.

2. The Ministry of Agriculture and Rural Development shall take the lead, in coordination with the relevant Ministries and Ministry-level agencies, in proposing the signing of international treaties and international agreements on forestry; be the focal agency and national representative to exercise the rights and obligations of a member of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Convention to Combat Desertification, and other international treaties and international agreements related to forestry.

Article 99. International cooperation policy on forestry

1. Encourage the expansion of forestry cooperation with countries, territories, organizations, and foreign individuals to support the implementation of sustainable development goals, environmental protection commitments, climate change response, and other international commitments of which the Socialist Republic of Vietnam is a member.

2. Encourage Vietnamese organizations and individuals to cooperate with foreign organizations and individuals in forest protection and development, processing and trading of forest products, and enhancing capacity and effectiveness of state management in forestry in accordance with Vietnamese law and international law.

3. Facilitate foreign organizations and individuals, as well as overseas Vietnamese, to invest, support activities in human resource training, scientific research, technology transfer in forest protection and development, nature conservation, processing and trade of forest products in Vietnam; develop and use international cooperation resources for the forestry sector rationally and effectively, and respond to climate change.

4. Promote cooperation with countries sharing common borders to effectively address issues of forest fires, cross-border haze, prevention and control of illegal trade in timber and specimens of wild plant and animal species, and nature conservation.

5. The government issues international cooperation policies on forestry suitable to specific conditions in each period.

Chapter XI. STATE MANAGEMENT OF FORESTRY AND FOREST PROTECTION

Section 1. STATE MANAGEMENT OF FORESTRY

Article 100. Principles for organizing the system of state management agencies for forestry

1. The system of state management agencies for forestry shall be organized in a unified manner, suitable to the requirements of state management tasks in forestry.

2. Specialized forestry management agencies are organized at the central and provincial levels; the tasks of specialized forestry management at the district level are organized according to the regulations of the Government.

3. Clearly delineate duties and powers, avoid overlapping management functions; ensure transparency and publicity.

Article 101. State management responsibilities in forestry of the Government, Ministries, and ministerial-level agencies

1. The Government unifies state management of forestry nationwide.

2. The Ministry of Agriculture and Rural Development is the focal agency assisting the Government in carrying out state management of forestry, with the following responsibilities:

a) Issue according to authority or submit to a competent state agency for issuance and organize the implementation of strategies, plans, programs, policies, and legal documents on forestry;

b) Develop national standards, issue national technical regulations, and economic-technical norms for forestry;

c) Direct, guide, and inspect the implementation of the Forest Management Regulations, management regimes, and protection of forest plant species and endangered, precious, and rare forest animals;

d) Submit to the Prime Minister the establishment of protective forests and special-use forests of national importance or located across multiple provinces;

e) Direct the uniformity in professional and work matters of Forest Rangers;

f) Preside over and coordinate with Ministries and ministerial-level agencies in managing and protecting forests; protect forest ecosystems and biodiversity in various types of forests;

g) Guide and inspect forest surveys, forest inventories, monitor forest developments, and establish forest management dossiers; establish and manage forest databases;

h) Organize forest fire prevention and firefighting; prevent and control forest pests;

i) Develop a national forest seedling system, national botanical gardens;

k) Manage and organize the implementation of payments for forest environmental services;

l) Manage sustainable forest management certification activities, forest valuation;

m) Manage the processing and trading of forest products according to the law;

n) Organize scientific research and apply high technology, advanced technology, and new technology in forestry; train and foster human resources in forestry;

o) Organize information, communication, and education to raise community awareness about forestry; propagate, disseminate, and educate about forestry laws;

p) Be the focal point for international cooperation in forestry;

q) Inspect, examine, handle violations of the law, and resolve complaints and denunciations related to forestry in accordance with the provisions of law.

3. The Ministry of National Defense, the Ministry of Public Security, the Ministry of Natural Resources and Environment, and other ministries and ministerial-level agencies within the scope of their tasks and powers shall be responsible for coordinating with the Ministry of Agriculture and Rural Development in the implementation of state management of forestry.

Article 102. Responsibilities of state management of forestry of People's Committees at all levels

1. The provincial-level People's Committee has the following responsibilities:

a) Issue, within their authority, or submit to competent state agencies for issuing legal normative documents on forestry, and make decisions on programs and projects for sustainable forestry development in localities;

b) Organize the implementation of legal normative documents on forestry, the forestry development strategy, national forestry planning, programs, projects, and local forestry development plans;

c) Organize the implementation of forest classification and demarcation of forest boundaries according to authority;

d) Assign forest land, lease forest land, convert the purpose of forest use to other purposes, recover forest land for organizations; organize reforestation;

đ) Organize forest surveys, forest inventories, and monitor forest development locally;

e) Update the forest database, prepare forest management dossiers for the locality;

g) Organize forest protection; conserve forest biodiversity; prevent and fight forest fires; prevent and manage forest pests; develop forests; use forests; process and market forest products locally;

h) Decide on the forest price framework in the province;

i) Organize research and application of advanced science and technology in forestry at the local level;

k) Propagate, disseminate, and educate the law on forestry at the local level;

l) Mobilize forces, materials, means, and equipment of organizations, households, and individuals in the area to respond to emergencies and fight forest fires within their authority;

m) Inspect, supervise, handle legal violations; resolve disputes, complaints, and denunciations in the field of forestry according to the provisions of law.

2. The district-level People's Committee has the following responsibilities:

a) Issue, within their authority, or submit to competent state agencies for issuing legal normative documents on forestry, and make decisions on programs and projects for sustainable forestry development in localities;

b) Organize the implementation of legal normative documents on forestry, programs, and projects for sustainable forestry development at the local level;

c) Organize the implementation of forest classification and demarcation of forest boundaries at the local level according to legal regulations;

d) Allocating forests, leasing forests, converting forest use purpose to other purposes, recovering forests for households, individuals, and community residents; preparing forest management dossiers; organizing replacement afforestation;

đ) Organize forest surveys, forest inventories, and monitor forest development locally;

e) Organizing management and protection of forests, conserving forest biodiversity, preventing and fighting forest fires;

g) Propagating, disseminating, and educating local populations on forestry laws;

h) Directing the commune-level People's Committee to prepare projects for land allocation and forest allocation for forest areas that have not been allocated or leased according to legal regulations;

i) Inspecting, examining, handling legal violations; resolving disputes, complaints, and denunciations in the forestry sector at the local level in accordance with the law.

3. The commune-level People's Committee has the following responsibilities:

a) Issue under their authority or submit to the competent state agency for the issuance of legal normative documents on forestry, decisions on programs and projects for sustainable forestry development, combined forestry, agriculture, and fishery production, shifting cultivation, and organize implementation at the local level;

b) Manage forest areas and boundaries; certify application dossiers for forest allocation and leasing for organizations, households, individuals, and community groups according to legal regulations;

c) Organize management and protection of state forest areas that have not been allocated or leased;

d) Organize the implementation of forest inventory at the local level;

e) Guide local communities in developing and implementing village agreements and regulations for forest protection and development in the area in accordance with legal provisions;

e) Organize forest fire prevention and firefighting activities; prevent and combat acts of violation of forestry law in the area; handle legal violations, resolve disputes, complaints, and denunciations in the field of forestry at the local level in accordance with the law.

4. Chairpersons of the People's Committees at all levels are responsible for forest fires, forest destruction, or forest loss caused by violations of the law in the field of forest management and protection within their scope of field and local management.

Section 2. FOREST RANGERS

Article 103. Functions of Forest Rangers

Forest rangers are organizations with the function of managing and protecting forests and ensuring compliance with forestry law; they are a specialized force for forest fire prevention and firefighting.

Article 104. Tasks and Powers of Forest Rangers

1. The tasks of forest rangers are defined as follows:

a) Develop programs and plans for forest protection, measures to prevent and combat acts of violation of forestry law, and forest fire prevention and firefighting plans;

b) Protect special-use forests and protection forests; coordinate with relevant agencies to organize the protection of forests owned by the entire people that have not been assigned or leased;

c) Organize warnings and forecasts of forest fire risks; organize specialized forces for forest fire prevention and fighting, monitor annual forest developments;

d) Organize prevention, inspection, control, and handling of legal violations in forest protection, forest exploitation, forest use, transportation, trading, storage, and processing of forest products in accordance with the law;

dd) Guide forest owners in establishing and implementing forest fire prevention and fighting plans; provide training and professional development in forest protection, forest fire prevention, and fighting for forest owners;

e) Propagate and mobilize the people to protect and develop forests; organize grassroots forest protection forces;

g) Perform other tasks assigned by competent state agencies in accordance with the law.

2. The powers of Forest Rangers are stipulated as follows:

a) To request relevant agencies, organizations, and individuals to provide information and documents in the performance of official duties in accordance with the law;

b) To handle administrative violations and apply measures to prevent administrative violations; to prosecute and investigate violations of forestry laws in accordance with the law;

c) To use specialized means, equipment, weapons, supportive tools, and uniforms in accordance with the law.

3. The government shall provide detailed regulations on this Article.

Article 105. Organization of Forest Rangers

1. Forest Rangers are organized at the central and provincial levels.

2. Forest Rangers are organized at the district level based on the requirements and tasks of forest management, protection, ensuring compliance with forestry law, forest fire prevention and fighting, forest development, forest utilization, processing, and trading of forest products at the local level.

3. Forest rangers in national parks; nature reserves, species-habitat conservation areas, upstream protection forests, wind-breaking protection forests, sand-fixing protection forests, wave-breaking protection forests, land reclamation forests under central or provincial forest ranger management are organized based on management requirements and tasks for forest protection.

4. The Government shall provide detailed regulations on this Article.

Article 106. Equipment to ensure operations and regimes, policies for Forest Rangers

1. Equipment to ensure operations for Forest Rangers is stipulated as follows:

a) Equipped with weapons, support tools, professional technical means, and specialized equipment for patrolling and protecting forests, as well as for forest fire prevention and fighting;

b) To be uniformly equipped with uniforms, insignia, rank insignia, flags, forestry inspection certificates.

2. The regime and policies for Forest Rangers are stipulated as follows:

a) Forest Rangers are entitled to a salary regime according to rank and grade; seniority allowance, occupational preference allowance, and other allowances as prescribed by law;

b) Forest Rangers who are injured or sacrificed in the performance of their duties are recognized and entitled to the regimes and policies applicable to war invalids and martyrs according to the law on preferential treatment for persons with meritorious services to the revolution.

3. The government shall provide detailed regulations on this Article.

Chapter XII. IMPLEMENTING PROVISIONS

Article 107. Effectiveness

1. This Law comes into effect from January 1, 2019.

2. The Law on Forest Protection and Development No. 29/2004/QH11 shall cease to be effective as from the date this Law comes into effect.

Article 108. Transitional provisions

1. Forest owners who have been allocated or leased forest by the State before the effective date of this Law may continue to exercise their rights until the end of the allocated or leased term; they shall exercise their rights and obligations in accordance with the provisions of this Law, except for the cases specified in Clause 2 of this Article.

2. Forest owners that are economic organizations and were allocated production forest by the State before the effective date of this Law may continue to exercise their rights until the end of the allocated term; their rights and obligations shall be exercised in accordance with the provisions at points a, c, and d of Clause 1 and Clause 2 of Article 79 of this Law.

3. For projects that have been approved for conversion of forest use to other purposes but have not yet carried out site clearance before the effective date of this Law, replacement reforestation must be conducted in accordance with Article 21 of this Law.

4. The provincial-level People's Committee is responsible for reviewing the existing natural forest area to be included in the planning of special-use forests, protection forests, and production forests within 12 months from the effective date of this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 4th session, on November 15, 2017.

CHAIRMAN OF THE NATIONAL ASSEMBLY

(Signed)

Nguyễn Thị Kim Ngân