Law on Forestry No. 16/2017/QH14

Legal basis and status

Law No. 16/2017/QH14 on Forestry was promulgated by the National Assembly of the Socialist Republic of Vietnam on the basis of the Constitution of the Socialist Republic of Vietnam. It was passed on 15 November 2017 and took effect on 1 January 2019, replacing the Law on Forest Protection and Development No. 29/2004/QH11 and its guiding instruments. The excerpt provided contains mainly article headings and partial clauses; detailed operative language on rates, quotas and deadlines is not included in the excerpt.

Scope, classification and ownership

This Law governs the management, protection, development and use of forests, forest products and forest environmental services, and the rights and obligations of organizations and individuals involved in forestry activities. It applies to Vietnamese agencies, organizations, households, individuals, residential communities and foreign organizations and individuals conducting forestry-related activities in Vietnam.

The Law classifies forests into three types: special-use forest, protection forest and production forest, and regulates the delimitation of forest boundaries, forest inventory, monitoring of forest evolution and the national forest database. It affirms that forests are owned by the State as representative of the entire people, and defines forest owners to include forest management boards, organizations, households, individuals, communities and armed forces units to which forests are allocated or leased.

Allocation, lease, conversion and recovery of forests

The Law establishes principles and bases for forest planning, and for allocation, lease, conversion of forest use purpose and recovery of forests. The State allocates protection forests and special-use forests and allocates or leases production forests to eligible subjects for stable, long-term use. It provides for rent of production forest, change of forest type, conditions for conversion of forest use purpose, authority to decide conversion, and the obligation to plant replacement forests when forests are converted to other land uses. It also regulates cases of forest recovery and the competence to allocate, lease and recover forests.

Management, protection and development of forests

Provisions cover establishment and organization of forest management, sustainable forest management plans and Certificate of eligibility for sustainable forest management, as well as closure and opening of forests. Protection provisions address ecosystem protection, protection of forest flora and fauna, forest fire prevention and fighting, prevention of forest pests, specialized forest protection forces, inspection of origin of forest products, and responsibilities for forest protection. Development provisions regulate forest seed varieties, silvicultural measures, development of each forest type, planting of forest plants and scattered trees, and forestry infrastructure.

Exploitation, services, processing and rights of forest owners

The Law regulates exploitation of forest products in each forest type, scientific research, ecotourism and other forest uses, combined agro-forestry-fishery production, and payment for forest environmental services. It defines types of forest environmental services, principles, payers and beneficiaries, and the rights and obligations of service providers and users.

It also governs processing, trade and assurance of legal timber, including the timber legality assurance system, and the processing of specimens of wild fauna and flora. A large block of articles (Articles 73 to 89) prescribes the general and specific rights and obligations of forest owners, including to exploit forest products, use forest environmental services, transfer, lease, mortgage and cooperate in forestry activities, while fulfilling obligations to protect, develop and sustainably use forests, prepare management plans and comply with State supervision. Provisions on forest valuation, financial sources and regulated forestry activities are contained in the final chapters.

Effect and transition

As noted, this Law took effect on 1 January 2019 and superseded the 2004 Law on Forest Protection and Development. Prior allocations, leases and projects implemented under earlier regulations continue to be handled according to transitional provisions prescribed by the Law and its guiding decrees.