Protection forest land is one of the very important types of land for each country. Nowadays, the area of protection forest land is increasingly shrinking. So about the matter “Converting protection forest to production forest in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Law on Forestry 2017
What is protection forest land?
Forests are likened to the green lungs of the earth. This is a huge biome consisting of soil environment, climate and forest organisms creating a unified and mutually supportive population. Because of this, each country needs to have 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 Law on Forestry 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. Only from this concept can we see that forests have a great value to the social and economic life of our country in the integration process today.
According to the Forestry Law 2017 in Article 5 on classification of forests, it clearly states that the concept of protection forest land is a type of forest used for the purpose of protecting water sources, protecting soil, and preventing erosion and landslides. disaster, flash floods, tube floods, combating desertification, limiting natural disasters, contributing to climate and air conditioning, environmental protection, national defense and security combined with eco-tourism, convalescence and recreation responsiveness to environmental services.
According to the dictionary of jurisprudence, the conversion of protection forest land is defined as the change of land use purpose. The conversion is governed by the provisions of law on conditions, subjects, competence and limits, etc.
On the other hand, protection forests also help protect people, the environment, and regulate the climate. The assurance of national defense and security in the protection forest is also very important. In addition, the protection forest also serves tourism, sightseeing and exploring wild nature. Thus, protection forests need to be conserved and maintained to serve the needs and safety of human life.
Protection forest land is a type of forest land used for the purpose of protecting water sources, protecting soil, preventing erosion, landslides, flash floods, pipe floods, combating desertification, and limiting natural disasters. contributing to climate and air conditioning, environmental protection, national defense and security, combining eco-tourism, convalescence and entertainment to meet environmental services.
Protection forest land is divided into the following groups:
– Watershed protection forest land;
– Forest land for protection against wind and sand;
– Protective forest land to break waves and encroach on the sea;
– Protective forest land to protect the ecological environment.
What is production forest land?
Production forest land is land used mainly for agricultural – forestry – fishery production purposes. The relevant provisions are clearly stated in Point c, Clause 1, Article 10 of the 2013 Land Law. This is agricultural land, so it must comply with the regulations on the use of this type of land.
Production forest land is classified into 2 objects, which are:
• Natural forest: Including each natural and restored by zoning to promote natural regeneration.
• Planted forests: Including forests planted with the capital invested by forest owners or by the State budget.
Converting protection forest to production forest in Vietnam
For each different type of land, individuals, households and organizations who want to change the land use purpose must also fully meet the conditions specified in Article 18 of the 2017 Forestry Law. . Therefore, the conversion from one type of forest to another must satisfy the following conditions:
– Conformity with forestry planning;
– Meet the criteria for forest classification;
– There is a plan to change the forest type.
In order to avoid indiscriminate conversion of forest land use purposes with planning and management, affecting nature and people’s livelihood, the law has stipulated the conversion of forest land use purposes. Permission is required from the competent authority. According to the provisions of the Law on Forestry 2017, the authority to decide to change the forest type is specified as follows:
– 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 the People’s Committees of provinces shall decide to change the forest types that do not fall into the cases specified at the above-mentioned point, after receiving the decision on the policy of changing forest types by the People’s Councils of the same level.
In addition to the conditions for change of purpose specified in Article 19 of the 2017 Forestry Law (similar to the regulations on conversion of production forest land), the conversion of protective forest land to another purpose is subject to a permit competent authorities in Article 57 of the 2013 Land Law. Thus, protection forest land can be converted to other uses belonging to the group of agricultural land or non-agricultural land.
However, Article 58 of the Land Law details the change of land use purpose for investment projects as follows:
For projects that use rice-growing land, protection forest land or special-use forest land for other purposes other than those decided by the National Assembly and approved by the Prime Minister, the state agency shall Competent countries may only decide on land allocation, land lease, or permission to change land use purposes when having one of the following documents:
Written approval of the Prime Minister for the case of changing the use purpose of 10 hectares or more of rice land; from 20 hectares of protective forest land or special-use forest land or more;
Resolution of the People’s Council of province in case of change of use purpose of less than 10 hectares of rice land; less than 20 hectares of protective forest land and special-use forest land.
Therefore, it is necessary to rely on the conversion area to determine the authority in this case. Conversion of protective forest land currently has many cases and regulations in practice. Individuals, households and organizations need to apply correctly to avoid mistakes in the process of using and managing land.
Thus, based on the above regulations, the conversion of the purpose of protection forests to production land is permitted by law, but when carrying out the conversion, it is necessary to obtain permission from the competent authority. To make sure to avoid uncontrolled conversion of intent. For those who intentionally commit violations during the conversion process, their land will be recovered in accordance with current law.
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Frequently asked questions
Clause 1, Article 57 of the 2013 Land Law stipulates that the cases of change of land use purpose must be approved by a competent state agency, including the following cases: Conversion of agricultural land to non-agricultural land.
Clause 1, Article 10 of the Land Law provides for groups of agricultural land, including:
c) Production forest land;
d) Protection forest land;
dd) Special-use forest land;
Article 52 of the 2013 Land Law stipulates the grounds for land allocation, land lease, and permission to change land use purposes:
– The annual land use plan of the district has been approved by the competent state agency.
– Demand for land use expressed in investment projects, applications for land allocation, land lease, change of land use purpose.
Based on the above regulations, forest land can be converted to residential land if authorized by the competent authority.
Pursuant to the provisions of Clause 1, Article 57 of the 2013 Land Law The following cases when people want to change land use purposes must be approved by a competent state agency:
– In case of conversion from land for rice cultivation to land for planting perennial crops, land for afforestation, land for aquaculture, land for salt production;
– In case of conversion of special-use forest land, protection forest land or production forest land to use for other purposes in the agricultural land group;
– In case of conversion of agricultural land to non-agricultural land;
– In case of transferring non-agricultural land allocated by the State without land use levy to non-agricultural land allocated by the State with collection of land use levy or leased land;
Thus, it can be seen that the conversion of production forest land to use for other purposes in the group of agricultural land, specifically the purpose of using land for people’s farms, needs to be approved by the competent state agency. rights, namely the Land Registration Office under the People’s Committee of the district.
The order and procedures for changing forest use purposes to other purposes are prescribed as follows:
The order and procedures for changing the forest use purpose to another purpose are consistent and synchronous with the order and procedures for the change of land use purpose.
The Natural Resources and Environment Agency is responsible for coordinating with the specialized management agency in forestry to check the dossier on the conditions for changing the forest use purpose according to the provisions of Article 19 of the Law on Forestry, and at the same time to review the application for the change of forest use purpose. control, determine the location, area and current status of the forest before approving the change of use purpose.
The decision on change of land use purpose issued by the competent authority must show the location and area approved for the change of forest use purpose.
The form of request for change of forest use purpose in the application for forest use purpose change is made according to Form No. 09 for organizations, Form No. 10 for households, individuals and communities in Appendix II. attached to Decree 156/2018/ND-CP.
Conclusion: So the above is Converting protection forest to production 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
