Today, the development of forestry land cultivation is always an issue that receives much attention from all levels of government. The problem related to both economic development and forest protection and development has become an urgent problem. Therefore, the regulations related to the allocation of forestry land to households and individuals are very important. So about the matter “Allocation of forestry land to individual households in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Decree 163/1999/ND-CP
- Land Law 2013
What is forestry land?
To facilitate the process of land management and development, our Party and State have divided many lands into different types. Currently, according to regulations, land will have types of land belonging to agricultural group, non-agricultural land and unused land group. According to current regulations, forestry land is a type of land belonging to the group of agricultural land. And based on Article 10 of the Land Law, forestry land will be implicitly understood as afforestation land belonging to one of the agricultural land types including production forest land, protection forest land and special-use forest land.
Forestry land classification
To better explain the concept of forest land based on the law, based on the 2003 Land Law. In this law, forest land is divided into 3 types with different characteristics and purposes:
1. Protection forest land
A forest area for the purpose of protecting soil and water, preventing erosion and landslides, limiting natural disasters and regulating climate. Protection forests are classified according to critical levels, including:
Watershed protection forest; forests to protect water sources of residential communities; border protection forests;
Protective forest to block wind and fly sand; protection forest to break waves and encroach on the sea.
2. Production forest land
Production forest land is planted mainly to supply forest products. To serve the purposes of agricultural, forestry and fishery production and business. In addition, it can also be combined with the forest model of eco-tourism, convalescence, entertainment, and provision of forest environmental services.
3. Special-use forest land
After knowing what is the definition of forest land? Many people wonder if special-use forest land is forestry land? The answer is correct. These forests have the purpose of protecting the natural forest ecosystem. At the same time, protect the genetic resources of the organism. This will be a document for scientists, preserving history and culture for research. Except for the strict protection part, other areas of the special-use forest are used such as historical sites, scenic spots, tourist resorts, ecology, etc.
Service provision forests are also special-use forests, classified into many forms and different functions:
+ Nature Reserve
+ National Parks
+ Habitat Conservation Area
Landscape protection zone, including: forest for environmental protection, preservation of historical and cultural relics, export processing zone, high-tech park, etc.
+ Research forest, scientific practice, national seed garden
Allocation of forestry land to individual households in Vietnam
First, the land allocation limit
– The land allocation quota for each household or individual does not exceed 30 hectares for each type of land:
+ Protective forest land. This type of land is used to grow forest trees, but for the purpose of planting, it must not be exploited or exploited according to the regulations of the state. Trees are planted to shield source water, wind, sand, waves, and sea encroachment to limit the consequences of landslides occurring in remote mountainous areas.
+ Production forest land. This type of land is planted to serve the needs of economic development, exploiting forest trees to serve production life.
– In case households and individuals are assigned more than one type of land and are assigned more production forest land, the allocation limit for production forest land must not exceed 25 hectares.
– The quota for allocation of agricultural land for afforestation in the buffer zone of special-use forests to each household or individual shall comply with the regulations on land allocation quotas not exceeding 30 hectares for protection forest land and production forest land. production, in case of allocation of additional production forest land, it shall be allocated with a limit of not more than 25 hectares.
– For the agricultural land area of households and individuals currently using outside the commune, ward or township where their permanent residence is registered, the household or individual may continue to use it, if it is the allocated land. If land use levy is not collected, it shall be included in the agricultural land allocation quota of each household or individual.
The land management agency where agricultural land has been allocated without land use levy to households or individuals shall send a notice to the commune-level People’s Committee of the place where such household or individual has registered their permanent residence to agricultural land allocation limit.
Second, the limit for receiving the transfer of agricultural land use rights of households and individuals
The quota for receiving the transfer of forest land use rights of households and individuals must not exceed 10 times the agricultural land allocation quota of households and individuals for protection forest land and production forest land. That is, if a household or individual transfers land use rights from another person, the allocated land limit will not exceed 10 times the agricultural land allocation limit prescribed by the State and only applies to two types of land: land protection forest and production forest land.
- For production forest land
First, the State allocates land for planted production forests according to the following provisions:
Allocate land to households and individuals directly engaged in agricultural production according to a quota of not more than 30 hectares to 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. The land lease will have a specific term and plan for exploitation to protect the forest, avoiding the case that businesses and individuals take advantage of excessive exploitation, contrary to regulations, causing serious consequences.
Economic organizations, households, individuals, overseas Vietnamese, foreign-invested enterprises that are allocated or leased land by the State for production forests according to the provisions of Points a and b. This clause is allowed to use the unforested land area for afforestation or perennial tree planting.
Second, economic organizations, overseas Vietnamese and foreign-invested enterprises using forest land for production may combine landscape business, eco-tourism – environment under the forest canopy. This is also the goal that our Party and State are creating conditions for investors to have the opportunity to develop and exploit natural resources to create many benefits for the economy. However, all activities must comply with our country’s regulations on plans and programs so as not to affect the natural environment but still develop and improve the existing forest environment.
Third, concentrated production forest land located far from residential areas cannot be directly assigned to households, individuals shall be assigned by the State to organizations to protect and develop forests in combination with agricultural production. forestry and aquaculture. Many projects have been implemented to help improve the existing forest environment, contributing to biodiversity.
- Protective forest land
Protection forest land is land used to plant forest trees for the purpose of protecting residential areas where people live and are affected by natural disasters. And regulations on assignment and transfer are as follows:
First, the State allocates protective forest land to a protection forest management organization 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.
Second, the protection forest management organization shall contract out protection forest land to households and individuals living there to protect and develop forests; District-level People’s Committees shall allocate residential and agricultural land to such households and individuals for use.
Third, 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 in areas planned for afforestation shall: to be allocated by the State protective forest land for forest protection and development and to combine the use of land for other purposes according to the provisions of the law on forest protection and development.
Fourth, the People’s Committee of the province shall decide to lease land for protection forest to economic organizations in areas associated with landscape business, eco-environmental tourism under the forest canopy.
Fifth, communities that are allocated protective forests by the State according to 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.
Thus, the allocation of protective forest land will depend on each purpose and land use plan for forest improvement, development and protection for each household or individual or organization for management and use. However, this land allocation and transfer will be decided by the People’s Committee of the province/city for the combination of both protecting and developing an effective business model such as building a rich tourist eco-zone, organizing entertainment, entertainment and educational activities…
- Special-use forest land
Special-use forest land is a type of land used exclusively for the conservation of forest trees, in order to maintain a good ecosystem of natural forest resources and is not allowed to be exploited. Therefore, the allocation of special-use forest land plays a very important role in forest development. And regulations on allocation and transfer of special-use forest land are as follows:
First, 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 for other purposes as prescribed by the law on forest protection and development.
Second, the special-use forest management organization assigns short-term contracts of special-use forest land in a strictly protected zone to households and individuals who have not yet been able to move out of that area to protect the forest. In order to create conditions for households to have a place to live and at the same time to protect and develop forests.
Third, the special-use forest management organization contracts special-use forest land in the regeneration subdivision
Fourthly, the People’s Committee of the competent level shall decide to allocate or lease land in the buffer zone of special-use forests to organizations, households and individuals for use for production, research and experiment purposes forestry 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.
Fifth, the People’s Committee of the province shall decide to lease special-use forest land to economic organizations in areas associated with landscape business, eco-environmental tourism under the forest canopy.
Currently, the development of forests is considered a very important issue in the context of the environment being heavily polluted and over-exploitation of forests. Many natural disasters occur, causing serious consequences to people’s lives. Therefore, the construction and protection of protection forests is extremely urgent. In addition, combining forest protection, construction and development activities is the development of a diverse eco-tourism industry that creates conditions for young people to appreciate and protect the environment, and at the same time contribute to the development of the environment. Tourism. However, in order to avoid the situation that people use and cut down forests for farming, illegal land encroachment, etc., our state needs to strictly manage the quotas for land allocation, forest land transfer in general and efficient land use planning.
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 “Allocation of forestry land to individual households in Vietnam”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Allocation of forestry land to individual households in Vietnam” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Is handwritten paper for land donation in Vietnam valid?
- Sequence of recovering encroached land in Vietnam
- Land valuation income method in Vietnam
Frequently asked questions
Forestry land is land used to plant forest trees for the purpose of protecting residential areas where people live and are affected by natural disasters. And regulations on assignment and transfer are as follows:
First, the State allocates protective forest land to a protection forest management organization 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.
Second, the protection forest management organization shall contract out protection forest land to households and individuals living there to protect and develop forests; District-level People’s Committees shall allocate residential and agricultural land to such households and individuals for use.
Third, 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 in areas planned for afforestation shall: to be allocated by the State protective forest land for forest protection and development and to combine the use of land for other purposes according to the provisions of the law on forest protection and development.
Fourth, the People’s Committee of the province shall decide to lease land for protection forest to economic organizations in areas associated with landscape business, eco-environmental tourism under the forest canopy.
Fifth, communities that are allocated protective forests by the State according to 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.
Thus, the allocation of protective forest land will depend on each purpose and land use plan for forest improvement, development and protection for each household or individual or organization for management and use. However, this land allocation and transfer will be decided by the People’s Committee of the province/city for the combination of both protecting and developing an effective business model such as building a rich tourist eco-zone, organizing entertainment, entertainment and educational activities…
– The land allocation quota for each household or individual does not exceed 30 hectares for each type of land:
+ Protective forest land. This type of land is used to grow forest trees, but for the purpose of planting, it must not be exploited or exploited according to the regulations of the state. Trees are planted to shield source water, wind, sand, waves, and sea encroachment to limit the consequences of soil loss occurring in remote mountainous areas.
+ Production forest land. This type of land is planted to serve the needs of economic development, exploiting forest trees to serve production life.
– In case households and individuals are assigned more than one type of land and are assigned more production forest land, the allocation limit for production forest land must not exceed 25 hectares.
– The quota for allocation of agricultural land for afforestation in the buffer zone of special-use forests to each household or individual shall comply with the regulations on land allocation quotas not exceeding 30 hectares for protection forest land and production forest land production, in case of allocation of additional production forest land, it shall be allocated with a limit of not more than 25 hectares.
– For the agricultural land area of households and individuals currently using outside the commune, ward or township where their permanent residence is registered, the household or individual may continue to use it, if it is the allocated land. If land use levy is not collected, it shall be included in the agricultural land allocation quota of each household or individual.
The land management agency where agricultural land has been allocated without land use levy to households or individuals shall send a notice to the commune-level People’s Committee of the place where such household or individual has registered their permanent residence to agricultural land allocation limit.
According to Clause 1, Article 170 of the 2013 Land Law, using forest land must be for the right purpose and in accordance with regulations. Therefore, building houses on forest land is considered illegal. Individuals and organizations that intentionally build illegally on forest land will be punished according to regulations.
If you want to build a house on forest land, you must change the purpose of land use, and must obtain permission from a competent state agency.
Conclusion: So the above is Allocation of forestry land to individual households in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
