B2.3.1. Policies, laws and regulations related to benefit sharing
The Constitution of Viet Nam (2013) states that land and natural resources of Viet Nam belong to the people and are managed uniformly by the State on behalf of the people and affirms principles of social progress and equality in its approach to independent socio-economic development based on its internal resources.[1]
The Forestry Development Strategy (2006-2020) and subsequent Strategy in the 2021-2030 period, with a vision to 2050[2], recognize the role of forests in terms of rural development and poverty reduction, in particular for ethnic minorities and other groups that are dependent on forest lands and resources for their livelihoods. Viet Nam’s forest laws and regulations recognize a wide range of benefits and services provided by forests and make provision for their allocation and distribution. This includes the direct economic benefits from harvesting of timber and NTFPs as well as the environmental services provided by forests. The principle of fair distribution of benefits arising from the use of forest resources is expected to be applied to the implementation of the National REDD+ Action Program, Provincial REDD+ Action Plans and REDD+ programs.
The Law on Forestry (2017) allows certain types of exploitation in all three forest types (special use, protection and production), enabling forest owners to develop plans and benefit from forests in line with the forest purpose.[3] This includes that compensation is to be provided to providers of forest ecosystem services, and that forest carbon services are recognized as forest ecosystem services.[4] The Law on Biodiversity (2018)[5] also states that organizations and individuals that benefit from biodiversity exploitation and use are required to share their benefits with concerned parties.
Other laws and regulations providing guidance on how benefits from forests are to be distributed, depending on the forest type and benefit, include:
● Decree No. 156/2018/ND-CP of the Government[6] regulates the policy of benefiting from forest product exploitation in protection forests and production forests; all forest products can be exploited and forest owners are entitled to all benefits from the value of forest products after fulfilling financial obligations according to State regulations. This Decree also regulates Payments for Forest Environmental Services (PFES) in detail, with most of the revenue from forest environmental services transferred to the Viet Nam Forest Protection and Development Fund (VNFF) and Provincial VNFFs, and this fund used to pay beneficiaries according to the provisions of law.
● Decree No. 107/2022/ND-CP of the Government[7] is on piloting the transfer of emission reduction results and financial management of greenhouse gas emission reduction payment agreements in the North Central region. Article 8 provides detailed regulations on benefit sharing for relevant parties such as the VNFF, the 6 provincial VNFFs, forest owners, and People's Committees. In addition, MARD also issued Decision No. 641/QD-BNN-TCLN[8] on the Emission Reductions Purchase Agreement (ERPA) benefit sharing plan for the North Central provinces.
[1] The Constitution of Viet Nam (2013), Articles 50 & 53
[2] The Forestry Development Strategy (2006-2020); the Forestry Development Strategy in the 2021-2030 period, with a vision to 2050
[3] The Law on Forestry (2017), Articles 52-60
[4] The Law on Forestry (2017), Articles 61 & 62
[5] The Law on Biodiversity 2018
[6] Decree No. 156/2018/ND-CP
[7] Decree No. 107/2022/ND-CP on piloting the transfer of emission reduction results and financial management of greenhouse gas emission reduction payment agreements in the North Central region
[8] Decision No. 641/QD-BNN-TCLN dated February 21, 2023 on Issuing a Benefit Sharing Plan for ERPA in the North Central provinces