Vietnam’s new regulations on forest repurposing

According to the Law on Forestry 2017 of Vietnam, bases requirements for forest repurposing are specified as follows:

1. Requirements for forest repurposing

In order to repurpose forest, the following conditions must be complied with:

- Forest repurposing shall be in compliance with the national forestry planning, land use plans and planning.

- Competent state authorities shall make decisions on forest repurposing.

- Forest repurposing shall have investment projects approved by competent state authorities.

- There shall be replacement afforestation plans approved by competent state authorities after payment for replacement afforestation is fully made.

2. Bases

Moreover, forest repurposing shall be based on:

- Plans for forest allocation, lease or repurposing of People’s Committees of districts adopted by People’s Committees of provinces; annual land use plans of districts approved by competent state authorities.

- Forest or land area planned for afforestation.

- Demand for using forests stated in investment projects of organizations or in enquiry forms of forest allocation, lease or repurposing of households, individuals or communities.

- Capability to manage forest sustainably by organizations, households, individuals or communities.

3. Authority to repurpose forest

- Provincial-level People's Committee: Forest repurposing for the organization;

- District-level People's Committee: Forest repurposing for households and individuals.

4. Power to make decisions on forest repurposing

The National Assembly shall make decisions on repurposing of:

- Reserve forests, watershed protection forests, bordering protection forests of at least 50 ha;

- Wind/sand shielding protection forests and tide shielding/sea encroachment prevention forests of at least 500 ha;

- Production forests of at least 1,000 ha.

The Prime Minister shall make decisions on repurposing of:

- Reserve forests of under 50 ha; watershed protection forests or bordering protection forests of from 20 ha to under 50 ha;

- Wind/sand shielding protection forests and tide shielding/sea encroachment prevention forests of from 20 ha to under 500 ha;

- Production forests of from 50 ha to under 1,000 ha.

People’s Councils of provinces shall make decisions on repurposing of:

- Watershed protection forests, bordering protection forests, wind/sand shielding protection forests and tide shielding/sea encroachment prevention of under 20 ha;

- Production forests under 50 ha;

- Forests protecting water resources of communities.

The Law on Forestry 2017 of Vietnam officially came into force from January 01, 2019.

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