A2.1.2. Consistency with objectives of relevant conventions and agreements
Viewpoint 1.2 of the National REDD+ Action Program (NRAP) specifically states that the “REDD+ Program is designed in compliance with policies and laws of Viet Nam, and consistent with international treaties and agreements that Viet Nam has participated or signed”, and the country has in place procedures for ensuring consistency of national legislation with relevant international agreements.[1]
Viet Nam's Law on Conclusion, Accession and Implementation of International Treaties (2016)[2] states that international treaties take precedence over domestic legislation; in case of any inconsistency, international treaties apply, except when this relates to the Constitution.
Viet Nam has carried out processes to ensure the NRAP is consistent with relevant international treaties and agreements. The development of the NRAP (2017), as outlined under SIS A1, included the establishment of a multi-ministerial NRAP drafting team, including the Ministry of Foreign Affairs, consultations and formal comments on the draft NRAP from relevant ministries and the Sub-technical Working Group on Safeguards. This Working Group was established to provide technical assistance and recommendations to the government and other stakeholders on safeguards issues, including Viet Nam‘s international commitments. The NRAP has objectives aligned with Viet Nam’s international commitments and best practices, including on greenhouse gas emission reductions, climate change adaptation, livelihood improvement, participation of local communities, women and ethnic minorities, and ensuring transparency and information sharing.
As noted under SIS A1, the 2015 national guidelines[3] for the development of PRAPs set out that these plans should be consistent with the NRAP and other national forestry programs. Consultation on PRAPs also ensured that they are consistent with the Forest Protection and Development Plan for the period 2011-2020, and the NRAP, which themselves were subject to consultation to ensure consistency with relevant international conventions and agreements.
[1] Decision 419/QD/TTg dated April 5, 2017 on NRAP
[2] Law No. 108/2016/QH13, promulgated by the National Assembly dated 9 April 2016, Article 6(1)
[3] Decision No. 5414/QD-BNN-TCLN of MARD dated December 25, 2015 on guideline to develop PRAP