In our country, land is a priceless property that attracts many care from the individuals. Forest land plays an extremely important role in the logging industry because of its use value. Therefore, learning about this soil is extremely important for its sustainable development.So about the matter “The regulation on construction on forest land in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Circular 25/2009/TT-BNN
What is forest land?
Forest land is a type of land in the group of agricultural land. Forest land includes natural forest land, land for reforestation, regeneration, restoration, afforestation, nurturing and enrichment, and experimental research on forests.
Pursuant to the provisions of Clause 1, Article 2 of Circular 25/2009/TT-BNN guiding the implementation of forest statistics and inventory and making forest management dossiers issued by the Ministry of Agriculture and Rural Development, the land Forestry planning is defined as follows:
Forest planning land is an acronym for forested land and non-forested land planned for forestry purposes by a competent authority.
Forest classification and forest land allocation
To better understand what forest land is, according to the Circular of the Ministry of Forestry No. 06/LN-KL in 1994, based on three types of forests to allocate forest land as follows:
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 forests to block wind and fly sand; protection forest to break waves and encroach on the sea.
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.
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,…
• Research forest, scientific practice, national seed garden
The regulation on construction on forest land in Vietnam
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 a permit from a competent state agency.
In case of building a house on the forest land without carrying out the procedures for changing the land use purpose and not applying for a construction permit, the administrative violation will be sanctioned for the above acts. Specifically, Decree 91/2019/ND-CP sanctioning administrative violations in the field of land:
Article 10. Using special-use forest land, protection forest land and production forest land for other purposes without the permission of a competent state agency
If special-use forest land is planted, protection forest is planted, or production forest is planted to non-agricultural land, the form and level of penalties are as follows:
a) A fine of between VND 3,000,000 and 5,000,000 shall be imposed if the illegal land area is less than 0.02 hectares;
b) A fine of between VND 5,000,000 and 10,000,000 shall be imposed if the area of land illegally converted to other purposes is from 0.02 hectares to less than 0.05 hectares;
c) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed if the land area for illegal conversion is from 0.05 hectares to less than 0.1 hectares;
d) A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed if the land area is illegally converted from 0.1 ha to less than 0.5 ha;
Afterward:
• Forcible restoration of the original state of land before the violation, for the cases specified in Clauses 1, 2 and 3 of this Article, except for the case specified at Point b of this Clause;
• Forced land registration according to regulations for cases where all conditions are met for recognition of land use rights as prescribed in Article 22 of Decree No. 43/2014/ND-CP;
• Forcible return of illegal profits obtained from committing violations in the cases specified in Clauses 1, 2 and 3 of this Article.
Is forest land currently allowed to be mortgaged?
Forest land is a legal property and has a certificate of land use right that can be used as collateral. However, special-use and protection forest land will not be able to be mortgaged due to restrictions on transferees.
At the same time, users of forest land are only allowed to mortgage at the Bank of Vietnam or Vietnamese credit institutions established by the State, not at any other economic organization.
Therefore, if it is production forest land, a maximum mortgage of 300ha can be accepted. For special-use and protection forests, mortgages are not possible because the conditions for mortgage recipients are not guaranteed.
Is forest land transferable?
According to the provisions of Clause 3, Article 192 of the 2013 Land Law: Production forest land allocated by the State to households and individuals for use in accordance with the State’s support policy may be transferred or donated after 10 years from the date of registration. from the date of the Government’s decision on land allocation.
However, the transfer of this land use right must be approved by the local government. Any illegal transfer will be administratively sanctioned according to regulations.
Cases in which forestry land cannot be transferred
According to Article 191 of the 2013 Land Law, the following cases are not allowed to receive the transfer or donation of forest land use rights:
• Organizations, households, individuals, residential communities, religious establishments, overseas Vietnamese, foreign-invested enterprises are not allowed to transfer or donate use rights land for cases where the law does not allow the transfer or donation of land use rights.
• Households and individuals not directly engaged in agricultural production are not allowed to transfer or donate the right to use rice land.
• Households and individuals are not allowed to transfer or donate the right to use residential land or agricultural land in protection forest areas, in strictly protected sub-zones, and ecological restoration subdivisions in special-use forests. , if you do not live in that area of protection forest or special-use forest.”
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 “The regulation on construction on forest land in Vietnam”
Contact LSX
Finally, hope this article is useful for you to answer the question about “The regulation on construction on forest land in Vietnam” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- The case of tax-free land donation in Vietnam
- Sequence of recovering encroached land in Vietnam
- Land valuation income method in Vietnam
Frequently asked questions
According to the current law, because forestry land belongs to agricultural land, it is allowed to change the use purpose. Therefore, forest land is converted to residential land.
Step 1: Prepare documents
Step 2: Submit your application
People submit dossiers at district-level Department of Natural Resources and Environment.
Step 3: Resolve the request
Step 4: Applicant fulfills financial obligations
People wishing to change land use purposes shall pay taxes and fees according to the notices of competent State agencies.
Step 5: Get the result
According to the provisions of Clause 1, Article 170 of the 2013 Land Law on General obligations of land users: “Use the land for the right purposes, right within the boundaries of the land plot, in accordance with the regulations on the use of the depth in the ground and the height of the land. in the air, protect public facilities in the ground and comply with other provisions of relevant laws.” Therefore, it is illegal for you to build a house on forest land and may be sanctioned for administrative violations according to Point a, Clause 7, Article 13 of Decree 121/2013/ND-CP.
Conclusion: So the above is The regulation on construction on 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
