E3.1.1. Policies, laws and regulations on conservation

Viet Nam has in place a legal framework, including ratified treaties and agreements, that support conservation of natural forests, biodiversity and ecosystem services, as well as documents and processes related to the contribution of REDD+ to conservation.

Under the Law on Biological Diversity (2008 and 2018), the conservation of important and representative natural ecosystems is prioritised. Clear goals and targets for biodiversity conservation are set out under the National Biodiversity Strategy to 2030 and vision to 2050,[1] with the goal of improving the efficiency of management of the natural heritage system and nature reserves. Its targets include: the area of nature reserves on the mainland should reach 9% of the land territory; the area of protected marine and coastal areas should reach 3 - 5% of the country's natural sea area; 70% of nature reserves and natural heritage areas are to be evaluated for management effectiveness; that internationally recognised natural areas include 15 wetlands of international importance (Ramsar sites), 14 biosphere reserves and 15 ASEAN heritage gardens; that the national forest coverage rate remains stable at 42% - 43%; to restore at least 20% of the degraded natural ecosystem area; no more wild species are to become extinct; and the population status of at least 10 endangered, precious and rare species is to improve. Forestry planning is required to be consistent with the National Strategy on Biodiversity.[2]

The National Master Plan for the period of 2021-2030, with a vision to 2050[3] also sets environmental targets by 2030, such as: forest cover rate stable at 42%; increase the area of nature reserves; protect and restore important natural ecosystems; the area of marine and coastal conservation zones to reach 3-5% of national seas; and the area of terrestrial nature reserves to reach 3 million ha.

Several new laws and regulations focus on expanding the area of natural ecosystems and biodiversity conservation, such as the Law on Environmental Protection (2020) and related documents, including Decree No. 8/2022/ND-CP on detailed regulations on a number of articles of Law and Circular No. 02/2022/TT-BTNMT detailing the implementation of a number of articles of the Law.

Viet Nam's Forest Development Strategy (FDS) for the period of 2021-2030, with a vision to 2050[4] sets out objectives on the strict management and protection of existing natural forest areas, the restoration and improvement of natural forest quality to preserve biodiversity, and the use and provision of environmental services, and aims at minimising conversion of natural forest use to non-forestry purposes (see SIS E2.1.1 for more details).

Impact assessment regulations are also key to conserving biodiversity and reducing environmental impacts. Article 25 of the Law on Environmental Protection (2020) stipulates subjects/plans that must carry out Strategic Environmental Assessments (SEAs) including: National resource exploitation and use strategy; National master plan; National marine spatial plan; National land use plan; Regional master plan; provincial master plan; planning of special administrative – economic units; National and regional sector development strategies, national sector plan and technical and specialised plan with major impacts on the environment are on the list prescribed by the government. Environmental Impact Assessments (EIAs)/SEAs are also to be carried out in wildlife sanctuaries, national parks, world heritage sites, biosphere reserves, etc, for projects that can cause negative environmental impacts,[5] as well as for the development of master land use plans at various levels.

The Law on Environmental Protection (2020),[6] Decree No. 08/2022/ND-CP and Circular No. 02/2022/TT-BTNMT regulate the analysis and assessment of the local environment, including areas of high biodiversity, important wetlands, areas of important ecological landscapes, important natural landscapes, biodiversity corridors, nature reserves, and biodiversity conservation facilities. A high biodiversity area is a natural area with outstanding biological value or important to the province, region, country, or international community, which needs to be managed appropriately to maintain, develop sustainably, and preserve biodiversity in order to enhance the existing values, meeting the criteria specified in Point B, Clause 2, Article 20 of the Law on Environmental Protection (2020). An important ecological landscape is an area formed by the interaction of natural and man-made factors, having a specific or representative natural ecosystem for the local, national, or international, meeting the requirements of the environment. The list of criteria is specified in Points A and D, Clause 2, Article 20 of the Law on Environmental Protection (2020).

Viet Nam's Forest Development Strategy (FDS) for the period 2021-2030, with a vision to 2050[7] also supports natural forest and biodiversity conservation, including objectives on: planting protection forests and special use forests (SUFs) with indigenous and rare species (an average of 4,000 to 6000 ha/year); restoration of protection forests and special use forests (SUFs) (15,000 ha/year on average); to restore and improve the quality of natural forests to conserve biodiversity; and to use and provide forest environmental services.

Article 48 of the Law on Forestry (2017) stipulates the development of production forest plantations with the formation of concentrated forest plantation areas, application of modern biotechnology and intensive forestry techniques to increase productivity of planted forests, and supply raw materials for the forest product processing industry. It also encourages the planting of mixed species forests and non-timber forest products, to combine planting of small, fast-growing trees and large, long-lasting trees and to convert small timber plantations to large timber plantations where conditions are suitable. According to the Article 59 of the Law on Forestry (2017) on exploitation of forest products in planted production forests, the forest owner decides to exploit the planted forests under his/her ownership. If the forest is planted with state budget capital, the forest owner must prepare a dossier on forest product exploitation and submit it to the competent state agency for approval of the capital source for decision. The exploitation of forest products in planted production forests is carried out in accordance with the Forest Management Regulations (2016).[8]

Article 10, Circular No. 22/2022/TT-BTNMT,[9] regulates environmental protection content in provincial planning. Requirements for local environmental analysis and assessment include: a) Environmental zoning into strictly protected areas, emission-limited areas and other areas; as well as b) Nature and biodiversity conservation, including: high biodiversity areas, important wetlands, important ecological landscape areas, important natural landscapes, diversity corridors biology, nature reserves, biodiversity conservation facilities, etc.

The Ministry of Agriculture and Environment (MAE) and Provincial People’s Committees (PPC) have issued sectoral or provincial biodiversity conservation action plans to 2030, with a vision to 2050,[1] for sustainable use of biodiversity in agriculture, forestry and fisheries. These plans strictly control potential impacts stemming from changing the purpose or classification of land and water surface use to other agricultural, forestry and fishery development purposes, and changing forest land use to purposes other than forestry.

The following decisions are also relevant to the management capacity of the conservation areas: Decision No. 626/QD-TTg[10] and Decision No. 628/QD-TTg;[11] and the Urgent Conservation Program to conserve elephants and improve capacity to control ivory trade in Viet Nam through 2020. MAE has also prepared documents for submission to the Prime Minister for consideration and approval of the Pangolin Conservation Action Plan, the program of breeding and conservation of Saola species, and the Bear Conservation Plan in Viet Nam.

 

[1] Decision No. 149/QĐ-TTg January 28, 2023 on National Biodiversity Strategy to 2030 with a vision to 2050

[2] Law on Forestry (2017)

[3] Resolution No. 81/2023/QH15 dated January 9, 2023 on the National Master Plan for the period of 2021-2030, with a vision to 2050

[4] Decision No. 523/QĐ-TTg dated April 1, 2021 on Forestry Development Strategy in 2021-2030 period

[5] Circular No.02/2022/TT-BTNMT; https://thuvienphapluat.vn/van-ban/Tai-nguyen-Moi-truong/Thong-tu-02-2022-TT-BTNMT-huong-dan-Luat-Bao-ve-moi-truong-500694.aspx

[6] Law on Environmental Protection (2020), Article 27

[7] Decision No. 523/QD-TTg dated April 1, 2021 on Forestry Development Strategy in 2021-2030 period

[8] Decision No. 49/2016/QD-TTg dated November 1, 2016 on production forest management

[9] https://thuvienphapluat.vn/van-ban/Tai-nguyen-Moi-truong/Thong-tu-02-2022-TT-BTNMT-huong-dan-Luat-Bao-ve-moi-truong-500694.aspx?anchor=dieu_11

[10] Decision No. 626/QD-TTg dated May 10, 2017 on the Project on strengthening the management capacity of the conservation area system to 2025, with a vision to 2030

[11] Decision No. 628/QD-TTg dated 10 May 10, 2017 on the Urgent Action Plan for Primate Conservation in Viet Nam until 2025, vision 2030