There are many forms of land in Vietnam according to the regulations of the law. Currently, forest land is an extremely valuable and important resource for our country. It plays a huge role in the fight against natural disasters, storms and economic development. So about the matter “How is production forest land regulated in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What crops can be grown on productive forest land?
According to urban development, the demand for wood for furniture, building materials and office paper is increasing. Although since 2011, Vietnam has been self-sufficient in wood supply, but it is still far from total demand, this gap is increasing. Forecasting the price increase of wood materials. In order to be self-sufficient in wood materials for the processing industry, Vietnam is required to expand the afforestation model.
After many failed attempts, the Management & Operation Units have found the best answer to the question of what trees can be grown on production forest land: high-yielding Eucalyptus is a highly effective variety. , superior yield compared to other cultivars. Therefore, high yielding Eucalyptus is the first choice of production forest management and operation units.
How is the current classification of production forest land?
Production forests are classified according to 2 objects:
1. Production forests are natural forests, including: Natural forests and forests restored by zoning and promoting natural regeneration.
2. Production forests being planted forests include: Forests planted with state budget capital, forests planted with self-invested forest owners’ equity. Regulations on the use of production forest land
For production forest land which is a natural forest, the following regulations shall apply:
“Article 54. Land allocation without land use levy
The State allocates land without collecting land use levy in the following cases:
…
2. Users of protection forest land, special-use forest land, production forest land being natural forests, land for building offices of agencies, land used for defense and security purposes; land used for public purposes not for business purposes; land for cemeteries or graveyards other than those specified in Clause 4, Article 55 of this Law;”
This means that for this type of land, the state will assign the right to use it and will not collect any money. In addition, Article 135. Production forest land of the Land Law 2013 clearly states:
“first. The State allocates natural production forest land to forest management organizations for forest management, protection and development.
2. The State allocates or leases land from planted production forests according to the following provisions:
a) Allocate land to households and individuals directly engaged in agricultural production according to the quotas specified at Point b, Clause 3, Article 129 of this Law 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;
b) Leasing land to economic organizations, households, individuals, overseas Vietnamese, foreign-invested enterprises to implement investment projects on afforestation;
c) 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 Point b of this Clause may use the unforested land for afforestation or perennial crops.
3. Economic organizations, overseas Vietnamese, foreign-invested enterprises using production forest land may combine landscape business, eco-environmental tourism under the forest canopy.
4. Land for production forests concentrated in places far from residential areas that cannot be directly assigned to households or individuals shall be assigned by the State to organizations to protect and develop forests in combination with agricultural production, forestry and aquaculture.”
In addition, production forest land can only be allocated to a maximum of 30 ha per household. In cases of additional allocation, it will not exceed 25 hectares. The type of production forest land belonging to the land allocated from the state has a long and stable period.
Objects assigned and leased by the State for production forests
* Allocating production forests without collecting forest use fees
Specifically, in Clause 3, Article 16 of the 2017 Forestry Law, the State allocates production forests without collection of forest use fees to the following subjects:
– Households, individuals and communities lawfully residing in the commune-level area where the forest area is located;
– Armed units;
– The special-use forest management board, the protection forest management board, for the area of production forests interspersed with the area of special-use forests and protection forests, shall be assigned to such forest management boards.
* Leasing production forest
The State leases natural production forests to economic organizations, households and individuals, or planted production forests with one-time or annual rental payment for forestry production; combined forestry, agriculture and fishery production; business eco-tourism, convalescence and entertainment.
How is production forest land regulated in Vietnam?
Exploiting forest products in natural production forests
According to Clause 1, Article 58 of the 2017 Forestry Law, conditions for exploitation of forest products in natural production forests are prescribed as follows:
– Forest owners being organizations must have a sustainable forest management plan approved by a competent state agency;
– Forest owners being households, individuals or communities that harvest timber with their request and approved by the district-level People’s Committee.
In particular, the exploitation of forest products in production forests which are natural forests shall comply with the provisions of the Forest Law 2017 and the Regulations on forest management.
Exploiting forest products in planted production forests
The exploitation of forest products in planted production forests shall comply with the provisions of Article 59 of the 2017 Forestry Law, specifically as follows:
– Forest owners decide to exploit planted forests under their ownership.
– In case the forest is planted with the state budget capital, the forest owner must compile a dossier of forest product exploitation and submit it to a competent state agency for approval of the capital source for decision.
– The exploitation of forest products in planted production forests shall comply with the provisions of the 2017 Forestry Law and the Forest Management Regulations.
Other activities in production forest
For other exploitation activities such as combined forestry, agriculture and fishery production, scientific research, teaching, internship, ecotourism business, convalescence and entertainment in production forests, fish Individuals and organizations are allowed to do the following:
– To be intercropped with agricultural crops and non-timber forest products; livestock and aquaculture under the forest canopy, without degrading forest quality.
– To use the unforested land area for combined agricultural and fishery production without degrading or polluting the land; do not change the use purpose of forest land.
– To combine ecotourism business, convalescence, entertainment, scientific research, teaching, and internship.
– To self-organize, cooperate, joint venture, associate or lease forest or forest environment to organizations or individuals in accordance with the rights of forest owners for eco-tourism, convalescence and entertainment business.
– To build works in service of eco-tourism, convalescence and entertainment.
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Please see more
- Law on administrative proceedings for land disputes in Vietnam
- Vietnamese administrative procedure applicable to land disputes
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
The State allocates land without collecting land use levy in the following cases:
Users of protection forest land, special-use forest land, production forest land being natural forests, land for building offices of agencies, land used for defense and security purposes; land used for public purposes not for business purposes; land for cemeteries or graveyards other than those specified in Clause 4, Article 55 of this Law
Regulations on conversion of land use purposes are clearly stated in Article 57 of the 2013 Land Law
“first. Cases of change of land use purpose that must be permitted by a competent state agency include:
d) Converting agricultural land to non-agricultural land;”
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.
Conclusion: So the above is How is production forest land regulated in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
