Today, forests are a matter of great concern to many people. Forest area is shrinking due to human needs. So about the matter,“Leasing production forest land according to Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 01/2017/ND-CP
What is production forest land?
Forest is known as a huge biome including soil environment, climate and forest organisms that create a unified and mutually supportive population. Because of this, each country needs an optimal forest area of about 45%, which is one of the extremely important environmental security criteria. Forests for the development of the economy of each country have an intimate role.
Vietnam is also a country known for its gold and silver forests, but with the situation of over-exploitation leading to destruction of the forest ecosystem, our State has promulgated the law that is: The Forestry Law of Vietnam also clearly states that forests are one of the precious resources that nature favorably bestows on our country. state, contributing great value to the national economy, associated with the people’s life and the survival of the nation.
According to the provisions of Clause 1, Article 10 of the 2013 Land Law, it can be understood that production forest land is agricultural land, mainly used for business purposes, producing timber, forest products, forest animals, etc. In addition, production forest land also has the meaning of forest prevention and forest protection.
According to the provisions of Clause 1, Article 10 of the 2013 Land Law, it can be understood that production forest land is agricultural land, mainly used for business purposes, producing timber, forest products, forest animals, etc. In addition, production forest land also has the meaning of forest prevention and forest protection.
Classification of production forest land
Production forest land consists of two main types:
– Production forest land is natural forest, including: natural forest regenerated by natural means
– Land for production forests being planted forests, including: planted forests can use capital of the State budget or capital of the owner.
Purpose of using forest land for production
Production forest is a type of land mainly used for production and trading of timber, forest products, forest specialties, forest animals, and in combination with protection and protection of the ecological environment.
Production forest land is allowed to change the use purpose based on the needs of land users and based on the State’s decision on land use purposes.
Leasing production forest land according to Vietnam law
Currently, the legal regulations on forest land use regime are as follows:
Production forest land
Production forests include natural forests and plantations.
- For natural forests
According to the provisions of Clause 33, Article 2 of Decree 01/2017/ND-CP, the State allocates natural production forest land to forest management organizations for forest management, protection and development.
Households, individuals and communities living in natural production forest areas where there is no forest management organization yet and have the need and ability to protect and develop forests shall be assigned by the State. production forest land is a natural forest without land use levy for forest protection and development and may combine with exploitation for other benefits in accordance with the law on forest protection and development.
- For plantations
According to the provisions of Clause 2, Article 135 of the Land Law 2013, the State allocates or leases land for planted production forests according to the following provisions:
– Allocating land to households and individuals directly engaged in agricultural production according to the prescribed limit of no more than 30 hectares for use for forestry production purposes. For areas of production forest land used by households or individuals in excess of the quota, they must be converted to land lease;
– Leasing land to economic organizations, households, individuals, overseas Vietnamese, foreign-invested enterprises to implement investment projects on afforestation;
Economic organizations, households, individuals, overseas Vietnamese, foreign-invested enterprises that are allocated or leased land by the State for production forests in the above cases may use use unforested land for afforestation or perennial crops.
Protection forest land
According to the provisions of Article 137 of the 2013 Land Law, the use of protective forest land is regulated 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 approved by competent state agencies. approved, may combine the use of land for other purposes in accordance with the law on forest protection and development.
Note:
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 protection forest areas without a management organization and planning areas for afforestation may be entitled to: The State 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 land for protection forests to economic organizations in areas associated with landscape business, eco-environmental tourism under the forest canopy.
Special-use forest land
Pursuant to Article 138 of the 2013 Land Law, the use of special-use forest land is regulated as follows:
The State allocates special-use forest land to special-use forest management organizations for management and protection according to master plans and plans on land use approved by competent state agencies, and may combine land use in other purposes as prescribed by the law on forest protection and development.
Note:
+ The special-use forest management organization shall assign short-term contracts of special-use forest land in strictly protected sub-zones to households and individuals who have not yet been able to move out of that area to protect the forest.
+ The special-use forest management organization shall contract out special-use forest land in the ecological restoration subdivision to households and individuals living in that area to protect and develop forests.
– Competent People’s Committees shall decide to allocate or lease land in the buffer zone of special-use forests to organizations, households and individuals for the purpose of forestry production, research and experimentation. or combine national defense and security according to the forest development planning of the buffer zone and use the land for other purposes in accordance with the law on forest protection and development. – Provincial-level People’s Committees shall decide to lease special-use forest land to economic organizations in areas associated with landscape business, eco-environmental tourism under the forest canopy.
Services of LSX
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. The rights and interests of customers always come first.
Cost: Besides, LSX’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 information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Leasing production forest land according to Vietnam lawm”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Leasing production forest land according to Vietnam law” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Sequence of recovering encroached land in Vietnam
- Land valuation income method in Vietnam
Frequently asked questions
In case production forest land is a legal property and has a certificate of land use right, it can be mortgaged in the condition that it does not exceed 300 hectares.
Step 1: Households and individuals submit dossiers at the commune-level People’s Committees where the land is located;
Step 2: Within no more than five (05) working days, the commune-level People’s Committee is responsible for verifying, recording opinions on the application for land use demand of households and individuals and transferring the dossier to Division of Natural Resources and Environment at district level.
Step 3: Within no more than twenty-seven (27) working days, the Department of Natural Resources and Environment is responsible for performing the following tasks:
– Verification of cases of request for land allocation or land lease.
– Direct the LURC Office to extract or extract cadastral measurements of the land plot, prepare documents for the Division of Natural Resources and Environment to submit to the People’s Committee of the same level for decision on land allocation or land lease within a period of no more than ten years. (10) working days from the date of receipt of documents from the Department of Natural Resources and Environment; carry out the handover of land in the field; rotate cadastral dossiers to finance agencies and tax offices to determine land rental unit prices and collection rates and notify land users to fulfill financial obligations; sign land lease contract in case of land lease.
Step 4: Within no more than three (03) working days from the day on which the application is received, the People’s Committee of the district is responsible for considering and signing the decision on land allocation or land lease in case the conditions are satisfied.
Production forest land is allowed to change the use purpose based on the needs of land users and based on the State’s decision on land use purposes. For those who want to convert production forest land (agricultural land) to non-agricultural land, permission must be obtained from a competent authority.
However, in order to convert, the owner needs to contact the local Department of Natural Resources and Environment directly to know if this land is allowed to be converted or not. Because, according to the provisions of Article 52 of the Land Law, in order to allow the change of land use purpose, it is necessary to be consistent with the annual land use plan of the district approved by the competent State agency. and the land use demand expressed in the application for change of land use purpose is legitimate.
Along with that, the Land law also clearly states the authority to change the use purpose of production forest land based on Article 59 of the 2013 Land Law, the authority to permit the change of land use purpose is prescribed as follows:
Provincial-level People’s Committees shall decide to permit the change of land use purposes for organizations.
The district-level People’s Committee shall decide to permit the change of land use purpose for individuals and households. In case an individual or household changes the use purpose of production forest land to use it for commercial or service purposes with an area of 0.5 hectares or more, a written approval from the Forestry Commission is required. Provincial People’s Committee before making a decision.
Conclusion: So the above is Leasing production forest land according to Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
