E2.1.1. Policies, laws and regulations on conversion of natural forests and ecosystems
Articles 10, 14, 21 of the Law on Forestry (2017) stipulate that natural forests must be included in the planning of special use forests (SUFs), protection forests, and production forests; the use of natural forests cannot be changed to other purposes (except in the case of important national projects, defense projects or other important projects approved by the Government); and project owners who are allowed to change the use purpose of natural forests to other purposes must plant replacement forests equal to 3 times the area of natural forests whose use purposes are changed. Viet Nam has also implemented a policy to stop logging in natural forests from 2015 to present.[1]
Key ecosystems and biodiversity areas, threats to biodiversity, and priority in-situ and ex-situ conservation measures have been identified, and specific tasks assigned for conservation. Forestry planning is required to be consistent with the National Biodiversity Strategy (Law on Forestry, 2017). Under the Law on Biological Diversity (2018), conservation of natural ecosystems which are important, specific or representative for an ecological region and the conservation of threatened species are prioritised.
Decree No. 84/2021/ND-CP amends and supplements a number of articles of Decree No. 06/2019/ND-CP is on the management of endangered, precious and rare forest plants and animals, and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
In addition, the Law on Environmental Protection (2020) prohibits illegal extraction of natural resources, and assessments are required to be carried out on socio-economic development strategies and plans for the utilisation of natural resources. Environmental Impact Assessments (EIAs)/Strategic Environmental Assessment (SEA) are to be carried out in wildlife sanctuaries, national parks, world heritage sites, biosphere reserves, etc, for projects that can cause negative environmental impacts,[2] as well as for the development of master land use plans at various levels.
The Viet Nam Forest Development Strategy (FDS) for the period of 2021 - 2030, with a vision to 2050 was recently approved.[3] It supports non-conversion of natural forests, with objectives on strictly managing and protecting existing natural forests; implementing activities to reduce GHG emissions through limiting forest loss and degradation; conservation, enhancement of carbon stocks and sustainable forest resource management (REDD+); and minimising the conversion of the purpose of using natural forests to non-forestry purposes.
Circular No. 23/2013/TT-BNNPTNT on regulating the regeneration of degraded natural production forests also sets out specific and strict forestry requirements for regenerating degraded natural forests as production forests.
Viet Nam also has guidelines and procedures to ensure that forest sector activities, including REDD+ design and implementation, consider information on natural forests and other ecosystems, and avoid conversion of natural forests and other natural ecosystems. The Forest Sustainable Development Plan (FSDP) Guidelines[4] of the Ministry of Agriculture and Rural Development (MARD), the predecessor of the Ministry of Agriculture and Environment, are to be followed for interventions related to plantations, reforestation, and restoration.
The Provincial REDD+ Action Plans (PRAPs) also aim to prevent the conversion of natural forests, helping to meet the objectives set for the period 2021-2030 to stabilise the natural forest area by 2030 at the level at least equal to the area in 2020 and to increase national forest coverage to 42%. The MARD guidelines on PRAPs[5] set out a process of environmental and social benefit and risk assessment for PRAP interventions, and require the planners to 'Strictly manage the conversion of natural forests to other land use objectives'.
[1] Decision No. 2242/QD-TTg dated December 11, 2014 of the TTCP approving the Project to strengthen the management of natural forest timber exploitation in the period 2014-2020
[2] Viet Nam first SOI (p. 64-68) (2018): https://redd.unfccc.int/media/4850_1_first_soi_viet_nam__28eng_29.pdf
[3] Decision No. 523/QĐ-TTg dated April 1, 2021 on Forestry Development Strategy in 2021-2030 period
[4] Circular No.28/2018/TT-BNNPTNT November 16, 2018 of MARD on regulating sustainable forest management
[5] Decision No. 5414/QD-BNN-TCLN of MARD dated December 25, 2015 on guideline to develop PRAP