The land is a precious resource of the nation, over many generations our people have spent a lot of effort and blood to create and protect the land capital as it is today. Therefore, the Land Law over the period stipulates the form of land use, the principles of land use, and the classification of land into specific categories for convenience in the process of using and managing this resource. In the following article, let’s find out with Lawyer X about “Regulations on protective forest land”!
Regulations on protective forest land
Protection forest: A forest is used mainly to protect water sources, protect soil, prevent erosion, combat desertification, limit natural disasters, regulate climate, protect the environment, and limit saltwater intrusion. , sand barrier…
Protection forests are classified into the following categories: Watershed protection forests; Protective forests to block wind and fly sand; Protection forests to break waves and encroach on the sea; Protective forests protect the environment. Detail:
Watershed protection forests
These are forest areas that are usually concentrated in the upper reaches of rivers. It has the effect of regulating water sources to limit floods, supplying water to streams and lakes in the dry season, limiting erosion, protecting soil, and limiting sedimentation of the river and lake beds…
Protection forest against wind and flying sand
This type of forest has the main effect of protecting agriculture, protecting residential areas, urban areas, production areas and other works. Wind and sand protection forests are usually concentrated in the coastal areas.
Protection of forest against waves and encroachment:
This is a type of forest that grows naturally or is planted at the mouths of rivers and is mainly used to prevent waves, protect coastal structures, and fix sediments. to form new lands.
Environmental protection forests
These are forest strips that have been planted around residential areas, industrial parks, and big cities with the main function of regulating the climate and protecting the living environment. Thai culture in those areas and combines services for rest and tourism.
Protection of forest land is specified in detail on types of protected forest land, allocated and managed by the State for forest protection and development and other relevant contents as follows:
- Protection forest land includes:
a) Watershed protection forest land;
b) Forest land for protection against wind and sand;
c) Protective forest land to break waves and encroach on the sea;
d) Protection forest land to protect the ecological environment.
- The State allocates watershed protection forest land to protection forest management organizations for forest management, protection, and development.
- Protection forest management organizations shall contract out watershed protection forest land to households and individuals living there in order to protect and develop forests. The People’s Committees of districts, towns, and provincial cities shall allocate residential land and agricultural production land to such households and individuals for use.
- Protection forest land that has not been managed by an organization and planned for afforestation shall be allocated to on-site organizations, households and individuals that have needs and capabilities for forest protection and development.
- The People’s Committees of the provinces and centrally-run cities shall decide to lease out land to economic organizations for the protection forests in areas associated with landscape business and eco-environmental tourism under the forest canopy.
- The Government shall specify the allocation and contracting of protective forest land; rights, obligations and interests of organizations, households and individuals assigned or contracted for protection forest land.
Regulations on the allocation of protective forest land to people
Article 136 of the 2013 Land Law stipulates as follows:
- The State allocates protective forest land to protection forest management organizations for management, protection, zoning, regeneration and afforestation according to master plans and plans on land use already approved by competent state agencies. approved, may combine land use for other purposes in accordance with the law on forest protection and development.
- Protection forest management organizations shall contract out protective forest land to households and individuals living there for forest protection and development; District-level People’s Committees allocate residential and agricultural land to such households and individuals for use
- Organizations, households and individuals that have the need and ability to protect and develop forests and are living in protection forest areas without a management organization or planning area for planting protection forests shall: to be allocated protection forest land by the State for forest protection and development and to combine the use of land for other purposes in accordance with the law on forest protection and development.
- Provincial-level People’s Committees shall decide to lease land for the protection forests to economic organizations in areas associated with landscape business, and eco-environmental tourism under the forest canopy.
- Communities that are allocated protective forests by the State under the provisions of the Law on Forest Protection and Development shall be allocated protective forest land for forest protection and development; have rights and obligations as prescribed in the Law on Forest Protection and Development.’
According to the above regulations, for the protection forest land, it will be contracted to households and individuals living in areas with protective forests for management and use.
Thus, there is no regulation forcing people with permanent household registration in the commune (people outside the commune) where new land is located to be allocated protective forest land.
Currently, there is no restriction on the allocation of forest land to households and individuals with permanent residence in the locality. However, depending on the economic and social policy conditions in each locality, there may be specific regulations that require individuals to have permanent residence in the locality.
Is protection forest land transferable?
Clause 1, Article 188, Land Law 2013 stipulates conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate and mortgage land use rights; capital contribution by land use rights is as follows:
“first. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
a) Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
b) Undisputed land;
c) The land use right is not distrained to secure judgment enforcement;
d) During the land use term.”
If the land you want to transfer meets the above conditions, you are completely entitled to transfer this land area.
Conditions for households and individuals to transfer or donate land use rights are specified in Article 192, Land Law 2013 clearly stating:
“2. Households and individuals that are allocated residential land or agricultural production land by the State in protected forest areas may only transfer or donate the right to use residential land or agricultural production land to households or individuals. living in that protection forest area.”
Article 136 of the 2013 Land Law stipulates as follows:
The State allocates protection forest land to protection forest management organizations for management, protection, zoning, regeneration and afforestation according to master plans and plans on land use already approved by competent state agencies. , may combine land use for other purposes as prescribed by the law on forest protection and development.
Protection forest management organizations shall contract out protection forest land to households and individuals living there in order to protect and develop forests; District-level People’s Committees shall allocate residential and agricultural land to such households and individuals for use.
Organizations, households, and individuals that have the need and ability to protect and develop forests and are living in protected forest areas without a management organization and in areas planned for afforestation may be granted permission by the State Government. the country allocates protective forest land for forest protection and development and may combine the use of land for other purposes in accordance with the law on forest protection and development.
Provincial-level People’s Committees shall decide to lease protective forest land to economic organizations in areas associated with landscape business, and eco-environmental tourism under the forest canopy.
Communities that are allocated protective forests by the State under the provisions of the Law on Forest Protection and Development shall be allocated protective forest land for forest protection and development; have rights and obligations as prescribed in the Law on Forest Protection and Development.’
According to the above regulations, for the protection forest land, it will be contracted to households and individuals living in areas with protective forests for management and use.
Thus, there is no regulation forcing people with permanent household registration in the commune (people outside the commune) where new land is located to be allocated protective forest land.
Currently, there is no restriction on the allocation of only production forest land and protected forest land to households and individuals with permanent residence in the locality. However, depending on the economic and social policy conditions in each locality, there may be specific regulations that require individuals to have permanent residence in the locality. Therefore, please refer to your local regulations for this restriction or not?
Related article:
- Procedures for transferring production forest land in Vietnam
- Procedures for project land allocation and project land lease
Frequently asked questions
Conformity with forestry planning;
– Meet the criteria for forest classification;
There is a plan to change the forest type.
The Prime Minister shall decide to change the forest type for the forest established by the Prime Minister at the request of the Minister of Agriculture and Rural Development;
Presidents of provincial-level People’s Committees shall decide to change forest types that do not fall into the cases specified at the above-mentioned point, after being approved by the People’s Councils of the same level on the policy of changing forest types.
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. Because the rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand personal information of client Lawyer X will be 100% confidential.
So, please contact us immediately with questions about the “Regulations on protective forest land in Vietnam”
Contact LSX Lawfirm
Finally, we hope this article is useful for you to answer the question: “Regulations on protective forest land in Vietnam”. If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Conclusion: So the above is Regulations on protective forest land in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
