Protection forests play an important role in the stable economic and social development and sustainable preservation of the national living environment. In the context that the environment is increasingly threatened and natural disasters are increasing, each person must have the responsibility to conserve and develop forests, in which it is necessary to pay attention to measures to protect the environment. Protection Forest. So about the matter “Is the protection forest land certified in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Law on Forestry 2017
- Land Law 2013
Learn about protection forest land
According to Article 5 of the 2017 Forestry Law, protection forest land is understood as a type of forest used for the purpose of protecting water sources, protecting soil, preventing erosion, landslides, flash floods, pipe floods, and preventing desertification. naturalization, limiting natural disasters, contributing to climate and air conditioning, environmental protection, national defense and security in combination with eco-tourism, convalescence and entertainment to meet environmental services.
Function of protection forest
Protection forests play a very important role. Each type of forest plays a certain role, specifically:
+ Watershed protection forests: help regulate water sources to limit floods, supply water for streams and lakes in the dry season, limit erosion, protect soil, limit accretion of river and lake beds…
+ Protection forest to prevent damage caused by wind and storm: This type of forest is used to block sand to protect residential areas, villages, fields, roads, etc. This type of forest is usually concentrated in coastal areas. sea.
+ Protection forest to prevent waves: has the role of protecting coastal works, fixing the deposited mud and sand to form new land. This type of forest usually grows naturally or is planted at the mouths of rivers.
+ Protection forests are planted around residential areas, industrial parks and urban areas: helping to regulate the atmosphere and protect the environment of certain residential areas.
+ Some other types of protection forests: this is the type of forest that can regulate and combat environmental pollution, urban areas, tourist areas, etc.
Losing protection forests or shrinking the area will lead to many serious consequences. Plants and animals will lose their natural habitat, upsetting the ecosystem. When there is no forest, floods appear with increasing frequency and do not happen according to the rules that people have anticipated, pushing people into the loss of houses, cultivated fields, and loss of natural resources… and the end result is poverty. In addition, people in urban areas also have to suffer from flooded streets every rainy season, seriously affecting daily life and the circulation of vehicles. It can be seen that protection forests play an extremely important role in human life and other ecosystems.
Protection forest land also helps protect people, the environment, and regulates 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.
Classification of protection forests
Protection forests are 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.
Is the protection forest land certified in Vietnam?
According to Article 136 of the 2013 Land Law:
+ The State allocates protection forest land to protection forest management organizations to protect, manage and develop forests in accordance with master plans and plans on use of protective forest land already approved by competent state agencies. approved, approved, combined with the use of land for other purposes in accordance with the provisions of the law on forest protection and development.
+ Organizations contract out protection forest land to individuals or families, living in that area to protect and develop forests. District-level People’s Committees shall allocate residential and agricultural land to such family or individual for use.
+ Organizations, households and individuals that have the ability and need to protect and develop forests, and are living in protection forest areas without a management organization and in areas planned to plant protective forests. shall be granted by the State for protection forests for protection, development, combined with land use for other purposes in accordance with the provisions of law.
+ Provincial-level People’s Committees shall decide to lease land for protection forests to economic organizations in areas entitled to combine with landscape business, eco-tourism and environment under the forest canopy.
+ Communities that are allocated protective forest land by the State according to regulations will be allocated land for protection and development. At the same time, they have rights and obligations in accordance with the provisions of the Law on Forest Protection and Development.
In order to maintain and develop protective forest land, our State has implemented a policy to allocate protective forest land to each locality and each organization in organizing the allocation of protective forest land to individuals. individuals or families, living in that area to protect and develop forests. In addition, forest rangers also carry out propaganda for people to better understand the effects of protection forests on the social and economic life of our country.
Can protection forest land be issued with a red book?
According to Article 19 of Decree 43/2014/ND-CP, there are 7 cases where the Certificate of land use rights and ownership of houses and other land-attached assets is not granted, as follows:
Managers and users of agricultural land belonging to the public land fund of communes, wards or townships
The tenant or sub-lease of land from land users, except for the case of leasing or sub-leasing land from investors in construction and business of infrastructure in industrial parks, industrial clusters, export processing zones, and technology parks high, economic zone.
+ Persons who are contracted to land in agro-forestry farms and management boards of protective and special-use forests.
+ Current land users are not eligible for a red book.
+ Land users are eligible to issue red books but have notices or decisions on land clearance and recovery from competent State agencies.
Organizations and commune-level People’s Committees are allocated land by the State without collecting land use levy to use it for the purpose of building public works, including roads, water works, petrol, oil, gas, transmission lines electricity transmission, information transmission, outdoor entertainment areas, cemeteries, graveyards are not in the form of business.
+ Organizations and communities that are allocated land by the State for management.
Protection forest land is used for the purpose of contracted land, belongs to the public land fund, and has been decided to recover in order to serve public construction works or other limited cases mentioned in Article 1 of this Law. 99, Land Law 2013 will not be issued with a red book.
In summary, whether protection forest land can be granted a red book does not depend mainly on whether the land user meets all the general conditions for the certification and is not subject to legal bans are not.
If the red book is prohibited, the transfer of protection forest land is also not allowed.
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Frequently asked questions
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. . 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.
Competence to decide on conversion of protection forests to other types of forests 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.
Measures to protect protective forests
Improve the efficiency of State management of forest protection and development. Clarifying the functions and tasks of branches and levels from central to grassroots in forestry; build a strong enough ranger force to effectively implement forest management, protection and development.
Promote propaganda and education, creating a strong change in awareness, consciousness and responsibility of officials, party members, businesses, communities, households and people towards the community. forest protection and development.
Forest management, protection and development is the responsibility of the whole political system, agencies, organizations, households and individuals, especially in forested localities; strengthen the supervision of people, communities, mass organizations, mass media agencies for forest management, protection and development.
– Accelerate the progress of survey, measurement, development of management records, demarcation and boundary marking of forest types on maps and in the field to administrative units of communes, wards and townships.
Review, evaluate and strictly control socio-economic development plannings and projects that have negative impacts on forest area and quality, especially for natural forests and protection forests; have a mechanism to closely manage and supervise projects on conversion of forest use purposes, especially projects on hydropower development, mineral exploitation, construction of industrial parks, tourism services, etc.
Review and re-evaluate the implementation results and economic, social and environmental effectiveness of natural forest improvement projects; projects to convert forests to rubber plantations and agricultural production.
– Promote international cooperation and integration in forest management, protection and development; responsible implementation of international commitments in accordance with national interests and international rules.
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