B2. Effective forest governance structures
In the context of Viet Nam, effective forest governance structures are considered to be forest governance structures that adequately address a number of key components, including: Rule of law; Rights to use land and forest land; Equitable benefit sharing; Gender equality; Cross-sectoral coordination; Access to justice; and Stakeholder participation[1] (which is covered under Safeguard D).
The Government unifies state management of forestry throughout the country. The Ministry of Agriculture and Environment (MAE) is the focal agency helping the Government carry out state management of forestry and forests. Other relevant ministries and branches, within the scope of their tasks and powers, are responsible for coordinating with MAE to carry out state management of forests. People's Committees at all levels are responsible for state management of forests within their localities.[2]
Departments of Agriculture and Environment assists Provincial People’s Committees (PPCs) in state management of forests within their localities. The Commune People's Committees have responsibility on state management of forest management and protection, and enforcement of the Law on Forestry as well as on forest development and production.
The Ministry of Finance regulates the management and use of public funds to implement the Programme for Sustainable Forestry Development for the 2021-2025 period.[3]
Special use forest management boards, protection forest management boards, forestry companies, as well as households, individuals, and communities that are allocated or leased forests by the State are “forest owners”, who are responsible for managing, protecting, developing forests, and using forests assigned or leased by the State. Forest owners who are state organizations contract to households, individuals, and communities through forest protection and development contracts.[4] Forest management boards develop forest plans for their respective areas, and contract households to support forest protection and development. Provincial People’s Committees approve these forest plans and receive and resolve disputes and grievances.
[1] These components reflect the framework of a Participatory Governance Assessment (PGA) developed with assistance from the UN-REDD Programme to assess forest governance structures at the provincial level. See also: Rey, D., Roberts, J., Korwin, S., Rivera, L., & Ribet, U. (2013) A Guide to Understanding and Implementing the UNFCCC, ClientEarth, London, United Kingdom.
[2] Articles 101 & 102, Law on Forestry (2017)
[3] Decision No. 809/QD-TTg dated July 12, 2022 on approving Program on Sustainable Forestry
Development in 2021-2025 period
[4] Articles 8 & 74, of Law on Forestry (2017); Decree No. 168/2016/ND-CP, dated December 27, 2016 on contracting forest, plants and surface in management board of special and protective forest, state forest company