Decree No. 2/CP Issuing Regulations on the Allocation of Forestry Land to Organizations, Households, and Individuals for Stable and Long-Term Use for Forestry Purposes

DECREE

REGULATIONS ON THE ASSIGNMENT OF FOREST LAND TO ORGANIZATIONS, HOUSEHOLDS, AND INDIVIDUALS FOR STABLE AND LONG-TERM USE FOR FORESTRY PURPOSES

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to the Forest Protection and Development Law dated August 19, 1991;
Pursuant to the Land Law dated July 14, 1993;
Pursuant to the Law on Agricultural Land Use Tax dated July 10, 1993;
At the proposal of the Minister of Forestry, the Minister of Agriculture and Food Industry, the Minister of Fisheries, the Chairman of the State Committee for Ethnic Minorities and Mountainous Areas, and the Director General of the Land Management General Department,

DECREE:

Article 1. - The regulations on the assignment of forest land to organizations, households, and individuals for stable and long-term use for forestry purposes are hereby promulgated together with this Decree.

Article 2. - Ministers, Heads of ministerial-level agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for enforcing this Decree.

Article 3. - This Decree takes effect from the date of signature. All previous regulations that conflict with this Decree are abolished.

 

 

REGULATIONS ON THE ASSIGNMENT OF FOREST LAND TO ORGANIZATIONS, HOUSEHOLDS, AND INDIVIDUALS FOR STABLE AND LONG-TERM USE FOR FORESTRY PURPOSES.
(Issued together with Decree No. 2/CP dated January 15, 1994 of the Government)

Article 1. - Forest land referred to in these Regulations which is assigned by the State for organizations, households, and individuals to use stably and long-term includes:

- Land with natural forests, land with planted forests;

- Land without forests but planned for afforestation, encirclement, and protection of vegetation cover.

Article 2. - The State assigns forest land to organizations, households, and individuals for stable and long-term use according to the intended purpose of each type of forest:

- Protective forests and areas for encirclement and protection of vegetation cover are mainly used for water source protection, soil conservation, erosion control, disaster prevention, climate regulation, and environmental protection;

- Special-use forests are mainly used for nature conservation, national forest ecosystem standards, plant and animal genetic resources, scientific research; historical, cultural heritage, scenic spot protection, and tourism services;

- Production forests are mainly used for wood production, other forest products, forest specialties, wildlife, and combined protective and environmental conservation measures.

Article 3. -

1. The State assigns forest land with natural forests and planted forests funded by the State to organizations based on economic and technical justifications, management projects, and forest area construction plans approved by competent state management agencies; to households and individuals based on management and utilization plans for forests approved by competent state management agencies, to protect, develop, and use stably and long-term according to state planning;

2. The State assigns forest land without forests, encirclement and protection areas for vegetation cover, and provides reasonable investment and support policies to enable organizations, households, and individuals to use stably and long-term for forestry purposes according to state planning;

3. For forest land and land without forests that have not yet been assigned to any organization, household, or individual, the Ministry of Forestry and local state forestry management agencies assist the Government and People's Committees at all levels to organize management and gradually put them into use.

Article 4. - Basis for assigning forest land:

1. The forest land fund of each locality;

2. Forest land planning and various types of forest planning of each locality approved by competent state authorities;

3. The demand and ability to use forest land for forestry purposes of organizations recorded in economic and technical justifications, management projects, and forest area construction plans approved by competent state authorities; applications for forest land assignment from households and individuals confirmed by the People's Committee of the commune, ward, or town where they reside;

4. In cases where the assignment of forest land is linked to the implementation of investment support policies funded by the State, the assignment must be carried out according to the annual state investment and support plan.

Article 5. - Recipients of forestry land allocation:

1. Organizations including Forest Protection Zone Management Boards, Special Purpose Forest Zones Management Boards, Forestry, Agriculture, Fisheries enterprises; seedling stations and nurseries; units under the People's Armed Forces; schools, vocational training institutions, other social organizations, and economic organizations;

2. Households residing in the locality confirmed by the People's Committee of communes, wards, or towns;

3. Individuals.

Article 6. - 1. The term for allocating forestry land for stable and long-term use for forestry purposes is stipulated as follows:

a) For state organizations, the term is determined according to the planning and plans of the State;

b) For other organizations, households, and individuals, it is fifty years. Upon expiration of the term specified herein, if such organizations, households, or individuals still have a need and use the land for its intended purpose, they will be considered for further allocation by the State. If planting forestry species with a cycle exceeding fifty years, then after fifty years, the State will continue to allocate until the main product is harvested.

2. The term of allocation of forestry land is calculated as follows:

a) For organizations, households, and individuals allocated before October 14, 1993, the term shall be uniformly calculated from October 15, 1993;

b) For organizations, households, and individuals allocated on or after October 15, 1993, the term shall be calculated from the date of allocation.

Article 7. -

1. Forestry land planned for protective forests includes:

a) Headwater protection;

b) Windbreak and sand control forests;

c) Coastal wave protection and land reclamation forests;

d) Environmental protection forests.

2. Allocation to management boards of protective forest zones established by the Prime Minister's Decision (or the Chairman of the Provincial People's Committee or the People's Committee of centrally governed cities) to manage these forest zones in accordance with approved planning and plans for protection and development.

3. For protective forest zones already allocated to organizations (state-owned forestry, agricultural, and fisheries enterprises, units of the People's Armed Forces, or other organizations), the heads of these agencies and units are responsible for organizing the management, protection, and development of these forest zones in accordance with approved planning and plans by competent state authorities.

4. For small protective forest zones within the scope of a commune, village, or hamlet that have not been specifically allocated to users, the Chairman of the Commune People's Committee shall organize for villages, hamlets, or communities to manage, protect, and develop these forest zones in accordance with guidance from local state forestry management agencies.

5. The State allocates land for afforestation to organizations, households, and individuals to establish protective forests or enclose and protect vegetation while engaging in forestry, agricultural, and fisheries production and business activities in the following areas:

a) Areas of headwater protection with low vulnerability;

b) Areas of windbreak and sand control;

c) Areas of wave and sea intrusion control where the land has stabilized;

d) Areas for environmental protection.

Article 8. -

1. Forestry land planned for special-purpose forests includes:

a) National parks;

b) Nature conservation forests;

c) Cultural-social forest zones, historical sites, scenic spots, experimental research areas.

2. Allocation to management boards of national parks and nature reserves (established by the Prime Minister's Decision) to manage and protect these forest zones. The management and protection of these forest zones are regulated as follows:

a) For areas preserved intact but without conditions to relocate residents, the Special-Purpose Forest Management Board shall allocate areas of forest to be protected to households through contractual agreements;

b) For ecological restoration areas, the Special-Purpose Forest Management Board shall allocate areas of forest to be protected and planted to households through contractual agreements;

c) For annual crop cultivation areas within the zones mentioned in points a and b of Clause 2 of this Article, the forest management board has the right to reallocate the land to households and individuals for agricultural production in accordance with legal provisions.

3. For cultural-social forest zones, historical sites, scenic spots, and experimental research areas established by competent state management authorities, they shall be managed by the management boards of these facilities in accordance with legal provisions. In cases where there are residents and annual crop cultivation areas within these forest zones, land allocation shall be carried out in accordance with points b and c of Clause 2 of this Article.

Article 9. - Land for forestry planned for production forests:

1. Production forests shall be assigned by the State to organizations, households, individuals belonging to various economic sectors in accordance with Clause 1, Article 3 and Clause 3, Article 4 of this regulation;

2. The State encourages organizations, households, individuals to accept land for planting forests and combined agricultural-forestry-fishery production in areas of vacant land, barren hills. The State has policies to support forest planting, combined agricultural-forestry-fishery production, organizing production, processing, consumption of products, and construction of infrastructure.

Article 10. - Organizations, households, individuals currently managing or legally using forestry land previously assigned by competent state authorities shall be considered for continued use and completion of files and procedures in accordance with Article 13 of this regulation.

Article 11. - Competence to decide on establishing forest zones and assigning forestry land for stable, long-term use for forestry purposes shall be implemented in accordance with Article 8 of Decree No. 17-HĐBT dated January 17, 1992 on the implementation of the Law on Protection and Development of Forests.

The state authority competent to assign forestry land is also the authority competent to approve economic and technical feasibility studies, management plans, investment projects for forest protection and development. The competence to assign land and approve economic and technical feasibility studies cannot be delegated to lower levels.

Article 12. -

1. For forestry land that is vacant land or barren hills, organizations, households, individuals assigned land shall be granted a certificate of land use rights for a stable, long-term period and shall enjoy reasonable investment and support policies, tax exemptions, and reductions in accordance with the law;

2. For forestry land with natural forests, planted forests, vegetation requiring protection, households, individuals assigned land must bear responsibility before the State regarding the capital of the forests and vegetation assigned through contracts;

3. For households, individuals residing within protective forest zones, special-use forest zones, and within state-owned forest farms, agricultural farms, fish farms, seedling stations, and nurseries, the acceptance of assignments will be carried out through signing contracts with management boards or organizations and registering the contracts with the local People's Committee.

Article 13. - Documents for assigning forestry land include:

1. Application for assignment of forestry land;

2. For organizations, there must be an approved economic and technical feasibility study, management plan, and investment project by the competent authority; for households, individuals, there must be an approved management and usage plan or contract by the competent state management authority;

3. Map or diagram at a scale of 1/5,000 to 1/25,000 of the assigned forestry land area. In places without maps at these scales, maps at a scale of 1/50,000 can be enlarged and supplemented with detailed information on-site. On the map, boundary markers indicating the assigned area must be clearly marked;

4. Decision on assignment of forestry land by the competent authority;

5. Record of handover of forestry land at the site;

6. Documents for assigning forestry land must be stored at the level issuing the decision on assignment of forestry land and the local People's Committee where the forestry land is located.

Article 14. - The issuance of land use rights certificates for forestry land shall be regulated as follows:

1. Conditions for issuing land use rights certificates:

a) Having a cadastral map or a general cadastral diagram;

b) The allocated land must be marked with boundary stakes on-site, indicated on the map, and its area must be calculable.

2. State management agencies for forestry shall coordinate with land management agencies at the same level to handle procedures for allocating forestry land to organizations, households, and individuals;

3. Local land management agencies shall handle procedures for the competent authority to issue land use rights certificates to organizations, households, and individuals;

4. Costs for allocating forestry land shall be covered by the State budget.

Land use rights certificates shall be issued by central land management agencies.

Article 15. - Users of forestry land have the following rights and obligations:

1. Rights:

a) To be issued a land use rights certificate;

b) To be protected by the State regarding their lawful rights and interests on the allocated forestry land;

c) To enjoy the fruits of labor and investment results on the allocated forestry land according to economic and technical justifications, management plans, investment projects, or contracts, or under lease agreements;

d) To benefit from State support policies for forest protection and development;

e) To be compensated for the fruits of labor and investment results on the allocated forestry land based on market prices and the current status of forests and planted forests when such land is reclaimed according to the provisions of the law;

g) To be able to inherit, transfer, mortgage, or convert the use rights of the allocated forestry land according to the provisions of the law;

h) To be exempted or granted tax reductions when planting forests on vacant, mountainous, or barren lands according to the provisions of the law;

2. Obligations:

a) To bear responsibility before the State for implementing the provisions of the law on managing, protecting, and developing the allocated forestry land;

b) To compensate the forest owner or the planted forest owner whose land was reclaimed and transferred to them according to the provisions of the law;

c) To pay taxes according to the provisions of the law.

Article 16. - Rewards and Penalties.

Organizations, households, and individuals who achieve notable results in implementing these provisions shall be considered for rewards according to the provisions of the law.

Organizations, households, and individuals violating these provisions shall, depending on the severity of the violation, have all or part of the allocated forestry land reclaimed; they may also face administrative penalties or criminal liability according to the provisions of the law.

Article 17. - The Ministers of the Ministry of Forestry, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Fisheries, Minister-Chairman of the State Planning Commission, Chairman of the Committee for Ethnic Minorities and Mountainous Areas; the Director-General of the Land Management Bureau, and heads of other relevant agencies within their respective functions and authorities, shall guide and supervise the implementation of this regulation.

The Minister of Forestry shall cooperate with the Minister of Justice to promulgate model contracts and lease agreements to be uniformly applied throughout the country.

The Minister of Forestry, the Director-General of the Land Management Bureau, the Chairmen of the People's Committees of provinces and centrally-administered cities shall be responsible for organizing the implementation of this regulation.

Article 18. - All previous provisions contrary to this regulation are hereby abolished.