Law on Protection and Development of Forests issued by the National Assembly Resolution No. 58-LCT/HĐNN8 dated August 12, 1991.

LAW

Law on Protection and Development of Forests of the National Assembly No. 58-LCT/HĐNN8 dated August 12, 1991

_____________________________________

Forests are valuable natural resources of the country with regenerative capacity, an important part of the ecological environment, having significant value for the national economy, closely linked to people's lives and the survival of the nation.

To strengthen the effectiveness of state management over forests, prevent deforestation, enhance responsibility and encourage organizations and individuals to protect and develop forests, and promote the benefits of forests to serve the cause of building and defending the homeland;

Pursuant to Article 83 of the Constitution of the Socialist Republic of Vietnam;

This Law stipulates the management, protection, development, and utilization of forests.

Chapter 1:

GENERAL PROVISIONS

Article 1

Forests defined in this Law include natural forests and planted forests on forestry land, comprising forest flora, fauna, and natural elements related to forests.

Forestry land includes:

1- Land with forests;

2- Land without forests planned for afforestation, hereinafter referred to as afforestation land.

Article 2

The State uniformly manages forests and afforestation land.

The State allocates forests and afforestation land to organizations and individuals - hereinafter referred to as forest owners - to protect, develop, and utilize forests stably and long-term according to the State's planning and plans.

Organizations and individuals legally using forests and afforestation land continue to use them in accordance with this Law.

Article 3

Natural forests and forests planted with state funds belong to the state.

For forests planted on land allocated by the State without state funds, the products of forest flora belong to the organization or individual that invested the capital.

As for forest fauna, except for rare and precious species that the State has prescribed to be protected and prohibited from hunting, forest owners may exploit and develop common forest fauna but must comply with the provisions of the law; in cases where they protect and develop rare and precious species, forest owners shall enjoy preferential policies.

The State protects the legitimate rights and interests of forest owners.

Article 4

The State encourages organizations and individuals to invest labor, materials, capital, and apply scientific and technological progress in afforestation, forest protection, timber exploitation, and processing towards developing agriculture, forestry, fisheries, and processing industry.

Article 5

State agencies, economic organizations, social organizations, units of the People's Armed Forces, and all citizens have the obligation to protect and develop forests and protect the ecological environment.

Article 6

All acts that destroy forest resources are strictly prohibited.

, Clause 1, Clause 2 Article 7a of this Regulation.

Based on the main purpose of use, forests are classified as follows:

1- Protective forests;

2- Special-use forests;

3- Production forests.

Determining the types of forests and changing the purpose of use from one type of forest to another is decided by competent state agencies.

Chapter 2:

STATE MANAGEMENT OF FORESTS AND AFFORESTATION LAND

Article 8

The content of state management of forests and afforestation land includes:

1- Surveying, determining the types of forests, delineating forest boundaries and afforestation land on maps and on-site up to the commune administrative level; statistics and monitoring the situation of forests and afforestation land;

2- Developing plans for protecting, developing, and utilizing forests and afforestation land nationwide and at each locality;

3- Establishing and implementing systems and regulations on managing, protecting, and developing forests and utilizing forests and afforestation land;

4- Allocating forests and afforestation land; reclaiming forests and afforestation land;

5- Registering, establishing, and maintaining land records, issuing certificates of forest and afforestation land use rights;

6- Inspecting and auditing compliance with systems and regulations on managing, protecting, and developing forests and utilizing forests and afforestation land, and handling violations of these systems and regulations;

7- Resolving disputes over forests and afforestation land.

Article 9

The Council of Ministers implements unified state management of forests and afforestation land nationwide.

People's Committees at all levels implement state management functions over forests and afforestation land within their localities according to the State's planning, plans, systems, and regulations.

The Ministry of Forestry and local state management agencies on forestry assist the Council of Ministers and People's Committees at all levels in organizing state management of forests and afforestation land nationwide and at each locality, within their respective functions, tasks, and authorities.

Article 10

Decisions on allocating forests and afforestation land must be based on:

1- Plans for protecting, developing, and utilizing forests and afforestation land already approved by competent state agencies;

2- Forest and afforestation land fund;

3- Requirements and capabilities of organizations and individuals in managing and utilizing forests and afforestation land.

Article 11

Competence to establish forest areas and allocate forests and afforestation land is defined as follows:

1- The Chairman of the Council of Ministers decides to establish and allocate:

a) National-level protective forests and special-use forests to management boards under the Ministry of Forestry or other agencies under the Council of Ministers;

b) Important production forests to state-owned forestry enterprises when necessary.

2- The Chairman of the Provincial People's Committee decides to establish and allocate:

a) National-level protective forests and special-use forests by delegation of the Council of Ministers, and provincial-level protective forests and special-use forests to management boards under the Provincial People's Committee;

b) Local production forests to economic organizations, social organizations, units of the People's Armed Forces, and private enterprises according to the State's planning.

3- The Chairman of the District People's Committee decides to allocate production forests to cooperatives, production groups, and individuals according to the provincial planning.

The Ministry of Forestry and local state management agencies on forestry cooperate with land management agencies at the same level to assist the Chairman of the Council of Ministers and Chairmen of People's Committees at all levels in allocating forests and afforestation land according to the planning.

Article 12

Areas of forests and afforestation land not yet allocated to any organization or individual shall be managed by the Ministry of Forestry and local state management agencies on forestry, assisting the Council of Ministers and People's Committees at all levels to organize management and gradually put them into use.

Article 13

Allocation of forests and afforestation land for other purposes must comply with the provisions of Clause 2 and Point b, Clause 3, Article 13 of the Land Law.

Organizations and individuals entrusted with forests and land for growing forests to use for other purposes must compensate and make up for the value of the forests, land for growing forests, labor outcomes, and investment results according to market prices and the current status of the forests and land for growing forests as prescribed by law.

Article 14

The State shall reclaim all or part of the forests and land for growing forests that have been assigned for use in the following cases:

1\. An organization being dissolved or an individual who is the forest owner has died without anyone continuing to use it as prescribed by law;

2\. The forest owner voluntarily returns the forest and land for growing forests;

3\. Within twelve consecutive months, the forest owner does not carry out activities to protect, care for, and plant forests according to the plan approved by the competent state authority without a legitimate reason;

4\. The forest owner uses the forest and land for growing forests for purposes other than those intended or violates seriously the provisions of law on protecting, developing, and using forests and land for growing forests;

5\. It is necessary to use the forest and land for growing forests for important needs of the State and society or for urgent needs of war or disaster prevention.

Article 15

The authority to reclaim forests and land for growing forests is stipulated as follows:

1\. The state agency authorized to assign forests and land for growing forests has the right to reclaim such forests and land for growing forests; in cases where it is necessary to reclaim forests and land for growing forests for important needs of the State and society as provided in Point 5, Article 14 of this Law, the decision to reclaim must be approved by the higher-level state authority.

2\. The Chairman of the People's Committee at the district level or higher has the right to decide to reclaim forests and land for growing forests for urgent needs as provided in Point 5, Article 14 of this Law and must immediately report to the higher-level state authority.

Article 16

The authority to resolve disputes over land use rights involving forests and land for growing forests shall be applied as prescribed in Article 21 of the Land Law.

Article 17

Disputes over forest plants, forest animals, architectural works, other assets, and compensation for damages, restitution of labor outcomes, and investment results on land with forests and land for growing forests shall be resolved by the People's Court.

When resolving disputes as mentioned in this Article which involve land use rights with forests and land for growing forests, the People's Court shall resolve both the land use rights with forests and land for growing forests.

Chapter 3:

FOREST PROTECTION

Article 18

At all levels, the People's Committees shall organize management and protection of existing forest capital; prevent and combat acts causing damage to forests; implement measures to protect, nurture, and develop forest plants and animals; protect water sources, soil, and prevent erosion.

Article 19

The harvesting of forest plants and hunting of forest animals must comply with the State's regulations on managing and protecting forest plants and animals.

Precious and rare forest plants and animals must be managed and protected under special regimes. The list and management regime for precious and rare forest plants and animals shall be prescribed by the Council of Ministers.

Article 20

All acts of destroying forests, burning forests; encroaching on and occupying forests and land for growing forests; exploiting, buying, selling, transporting forest products, hunting forest animals, grazing livestock in forests contrary to the law are strictly prohibited.

Article 21

In mountainous areas, based on the forestry planning, the People's Committee at the district level shall demarcate zones and guide the people to cultivate shifting cultivation, intensive cultivation, crop rotation, grazing livestock, and combined agricultural-forestry-fishery production.

Article 22

The forest owner must implement fire prevention and firefighting measures and bear responsibility for causing forest fires.

The state management agencies at all levels responsible for forestry shall be responsible for building and directing the implementation of fire prevention and firefighting plans; organizing forest fire forecasting work; organizing forces and equipping necessary equipment and techniques for fire prevention and firefighting. Relevant state management agencies shall cooperate with forestry management agencies in fire prevention and firefighting work.

All organizations and individuals operating within and adjacent to forests must comply with the fire prevention and firefighting regulations of the state forestry management agencies.

When a forest fire occurs, the People's Committees at all levels have the right to mobilize all necessary forces and means to promptly extinguish the forest fire.

Article 23

The forest owner must implement measures to prevent and control pests and diseases affecting the forest.

The state management agencies at all levels responsible for forestry shall coordinate with relevant agencies to organize pest and disease forecasting work; guide measures to prevent and control pests and diseases; organize eradication when there is a pest or disease outbreak.

The State encourages the application of silvicultural and biological methods in preventing and controlling pests and diseases affecting the forest.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

Any organization or individual intending to conduct activities within the forest must comply with the forest protection regulations; if the activity lasts for a long time or may cause damage to the forest and land for growing forests, then they must obtain the consent of the forest owner or permission from the competent state forestry management agency.

Any organization or individual conducting activities in areas adjacent to the forest that affect forest protection and development must comply with forest protection and ecological environment protection regulations.

In cases where organizations and individuals referred to in Paragraphs 1 and 2 of this Article cause damage to the forest and land for growing forests, they must provide compensation.

Article 25

Exporting forest plants and animals must be permitted by the Ministry of Forestry.

Importing forest plant and animal seeds must ensure biological principles and national quarantine regulations, not harm the ecosystem, and must be permitted by the Ministry of Forestry.

Chapter 4:

DEVELOPMENT OF FORESTS, USE OF FORESTS AND LAND FOR GROWING FORESTS

Section 1: PROTECTED FORESTS

Article 26

Protected forests are primarily used to protect water sources, soil, prevent erosion, mitigate natural disasters, regulate climate, and contribute to protecting the ecological environment.

Protected forests are classified into types: upstream protective forests; windbreak and sandstorm barrier forests; wave and coastal intrusion barrier forests; environmental protection forests.

Article 27

The State has policies to harmonize, mobilize, and attract domestic and foreign organizations' and individuals' capital to invest in building stable and long-term protected forests.

Article 28

A Management Board must be established in each protected forest area.

The Management Board of a protected forest area must prepare and submit to the competent state agency for approval the management and utilization plan for the forest and land for afforestation, and implement the approved plan.

Article 29

The management and utilization of protected forests must comply with the following provisions:

1- Develop plans and measures to protect and nurture existing forests, plant new forests on vacant lands and barren hills, operate special forest products and wildlife businesses, and combine agricultural production and aquaculture.

Upstream protective forests must be developed into concentrated, regional, multi-layered forests.

Windbreak, sandstorm barrier, wave barrier, coastal intrusion barrier, and environmental protection forests must be built into appropriate forest belts based on the natural conditions of each region.

2- During the process of protecting, nurturing, and planting protected forests, the harvesting of forest products and combined production activities must not harm the protective functions of the forests; all cases of forest product exploitation must follow the approved management and utilization plan for protected forests and comply with forestry technical regulations and procedures.

3- Organizations and individuals assigned or contracted to protect, plant, and care for protected forests are entitled to the products they produce in combination.

Article 30.

When the competent state agency reviews the management and utilization plans for protected forest areas that involve other sectors' management fields, it must seek opinions from the relevant management agencies at the same level.

Section 2: SPECIAL PURPOSE FORESTS

Article 31

Special purpose forests are mainly used for nature conservation, national forest ecosystem standards, plant and animal genetic resources; scientific research; protection of historical, cultural, and scenic sites; and serving rest and tourism.

Special purpose forests are classified into types: national parks; nature conservation forests; cultural-social research experimental forests.

The boundaries of special purpose forest areas must be marked by signboards and permanent markers.

Article 32

The State has policies to harmonize, mobilize, and attract domestic and foreign organizations' and individuals' capital to invest in building and conserving special purpose forests over the long term.

Article 33

A Management Board must be established in each special purpose forest area.

The Management Board of a special purpose forest area must prepare and submit to the competent state agency for approval the management and utilization plan, and implement the approved plan.

Article 34

The management and utilization of special purpose forests must comply with the special purpose forest regime. The Management Board of a special purpose forest area may conduct certain service activities related to scientific research, culture, society, and tourism according to the law.

Organizations and individuals conducting activities in special purpose forest areas must obtain permission from the Management Board of the forest area and must comply with the forest area's protection rules.

Article 35

Areas within national parks and nature conservation forests that are strictly preserved must be managed and protected rigorously; all actions causing harm to the forests are strictly prohibited.

Conducting tour and scientific research activities in strictly preserved areas must be permitted by the Management Board of the forest area and must comply with the following provisions:

1- No alteration of the natural landscape of the forest area is allowed.

2- Hazardous chemicals, explosives, flammable materials must not be brought into the forest, and fires must not be lit inside the forest.

3- No pollution of the ecological environment is allowed.

4- When collecting samples of forest plants, animals, and minerals within the forest for scientific research purposes, permission from the competent state forestry management agency must be obtained.

Section 3: PRODUCTION FORESTS

Article 36

Production forests are primarily used for producing and trading timber, other forestry products, forest specialties, wild animals, and combining protective functions and environmental protection.

Production forests are assigned by the State to organizations and individuals belonging to various economic sectors that meet the conditions stipulated in Point 3, Article 10 of this Law to produce and trade through intensive farming, integrated agriculture-forestry-fishery production.

The State encourages and assists organizations and individuals who receive land to plant forests in areas with bare hills and mountains; implements policies to support people in difficult areas in planting forests, organizing production, processing, and consuming products, and building a comprehensive infrastructure system.

The Ministry of Forestry and local state management agencies on forestry have the responsibility to plan and build national and regional seedling systems to select, breed, propagate, and import necessary types of seeds to ensure the supply of good seeds nationwide.

Article 37

Forest owners assigned natural forests by the State, when conducting production and business activities, must comply with the following regulations:

1- Prepare and submit to competent state authorities for approval the production and business plans and be responsible before the State for the assigned forest capital; organize the protection, nurturing, reasonable exploitation, maintenance, and development of the assigned forest capital;

2- For areas of depleted forests, they must enclose and protect them to enrich the forest or replant the forest;

3- Exploitation of forests must have an approved exploitation design by competent state authorities and follow forestry technical norms and procedures; after exploitation, they must close the forest and organize protection and nurturing until the next exploitation period.

Article 38

Forest owners assigned land to plant forests, when conducting production and business activities, must comply with the following regulations:

1- Have a suitable afforestation, care, and protection plan in accordance with the forestry planning of each region;

2- Exploit forests at the age of maturity for harvesting;

3- After harvesting, replant the forest immediately during the planting season or implement natural regeneration measures during the harvesting process.

Article 39

The exploitation of forest specialties in production forests as well as in other types of forests must comply with the State's regulations on management, protection, development, and utilization of forest specialties.

Chapter 5:

RIGHTS AND OBLIGATIONS OF FOREST OWNERS

Article 40

Forest owners have the following rights:

1- To use assigned forests and afforestation land stably and long-term according to the State's planning and plans; to be proactive in production and business, in managing and using forests in accordance with the law;

2- To enjoy the fruits of labor and investment results on the assigned forest and afforestation land area; to inherit, transfer, or sell the fruits of labor and investment results to others in accordance with the law;

3- To be compensated for the fruits of labor and investment results on the assigned forest and afforestation land area based on market prices and the current status of the forest and afforestation land in cases of forest and afforestation land recovery as stipulated in Points 1, 2, and 5, Article 14 of this Law, in accordance with the law;

4- To be guided on techniques, supported with capital according to the State policy, and to benefit from public works for forest protection, improvement, and afforestation land;

5- To be protected by the State for their legitimate rights and interests on the assigned forest and afforestation land area.

Article 41

Forest owners have the following obligations:

1- To use assigned forests and afforestation land for the intended purposes within the boundaries specified in the decision assigning forests and afforestation land and in accordance with management and usage regulations for each type of forest;

2- To comply with the law's regulations on forest management, protection, development, and utilization of forests and afforestation land;

3- To compensate for the fruits of labor and investment results on the assigned forest and afforestation land area based on market prices and the current status of the forest and afforestation land to the owner whose forest and afforestation land was recovered and assigned to them, in accordance with the law;

4- To pay taxes in accordance with the law.

Chapter 6:

INTERNATIONAL RELATIONS AND COOPERATION IN THE PROTECTION, DEVELOPMENT, AND UTILIZATION OF FORESTS AND AFFORESTATION LAND

Article 42 |||

The Socialist Republic of Vietnam expands relations and cooperation with countries, international organizations, foreign organizations, and individuals in the fields of basic investigation, scientific research, technology transfer, technical and vocational training, forest protection, afforestation, and wood product processing.

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

The Socialist Republic of Vietnam has policies to encourage foreign organizations and individuals to invest in forest protection, afforestation, and wood product processing in accordance with this Law and the Law on Foreign Investment in Vietnam.

Assigning forests and afforestation land to foreign organizations and individuals for use is decided by the Council of Ministers.

The Council of Ministers issues regulations to create favorable conditions for overseas Vietnamese to invest in the country to develop forestry.

Article 44 |||

International relations, international cooperation agreements, and contracts related to the use of forests and afforestation land in Vietnam must comply with this Law and relevant Vietnamese laws, except where international treaties to which Vietnam is a party provide otherwise.

Chapter 7:

FORESTRY INSPECTION ORGANIZATION

Article 45 |||

Forestry inspection is a specialized force with the function of managing and protecting forests, organized into a system under the unified leadership of the Minister of Forestry and the guidance and supervision of local administrative agencies.

Article 46 |||

1- Forestry inspection has the following responsibilities:

a) Inspect and audit the implementation of laws on forests; combat and prevent violations of laws on forests;

b) Implement forest management and protection;

c) Propagate and mobilize the people to protect and build forest capital.

2- When performing their duties, forestry inspectors have the right:

a) To request organizations and individuals involved to provide necessary documents for inspection and auditing; conduct on-site inspections;

b) Temporarily suspend or stop actions showing signs of violating the law or activities posing risks of damage to forest resources; recommend competent state authorities to handle the situation;

c) Administer administrative penalties; initiate and investigate criminal cases against violations of laws on forests, in accordance with the law.

3- State agencies, economic organizations, social organizations, people's armed forces units, and all citizens have the responsibility to assist, protect, and supervise forest rangers while they are performing their duties.

Article 47 |||

Forest rangers are equipped with uniforms, insignia, badges, and necessary tools for their activities.

Article 48

The Council of Ministers shall stipulate the organizational system, tasks, and authorities of the forest ranger force; standards regarding capability, quality, and remuneration for forest rangers.

Chapter 8:

REWARD AND VIOLATION HANDLING

Article 49

Organizations and individuals who achieve outstanding results in protecting and developing forest resources, preventing acts that cause damage to forests and planted forest land, shall be rewarded; those participating in protecting forests and combating violations of forestry laws, suffering property or personal losses, shall be compensated and remunerated according to the general state regulations.

Article 50

Those who destroy forests, burn forests, destroy forest resources; illegally hunt wild animals; buy, sell, transport illegally forest products or violate other provisions of forestry laws, shall be subject to administrative penalties or criminal prosecution depending on the severity, as provided by law.

Article 51

Those who abuse their positions or powers, exceed their authority in allocating forests, planted forest land, recovering forests, or planted forest land; permit changes in the purpose of use of forests or planted forest land contrary to the law; lack a sense of responsibility or abuse their positions or powers in enforcing forestry laws; cover up for those violating forestry laws or violate other provisions of this Law, shall be subject to disciplinary action or criminal prosecution depending on the severity, as provided by law.

Article 52

Those who commit acts violating forestry laws causing damage to the State, organizations, or individuals, in addition to being handled according to Articles 50 and 51 of this Law, must also compensate for damages according to the law.

Chapter 9:

FINAL PROVISIONS

Article 53

The Council of Ministers shall provide detailed implementation of this Law and issue management, protection, development, and utilization regimes for concentrated or scattered forestry trees on non-forestry land.

Article 54

All previous provisions that are contrary to this Law are hereby abolished.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the eighth session, ninth meeting, on August 12, 1991.