B2.2.1. Policies, laws and regulations on rights to land and forest land
In the context of REDD+ in Viet Nam, this safeguard principle and criterion means having a clear legal framework defining forest ownership, management, access and use of forests, which is implemented in practice towards achieving reduced deforestation and forest degradation and enhancement of forest carbon stocks. Governance arrangements are expected to be appropriate, fair and equitable, ensuring that poor and vulnerable forest-dependent communities in particular are not further marginalised nor excluded from lands and forest lands and are enabled to access benefits from forests.
Ownership and rights to land use and forest land are recognized under the Constitution,[1] the Law on Land (2013),[2] Law on Land (2024),[3] Decree No. 43/2014/ND-CP[4] and Decree No.101/2024/ND-CP.[5] Under the Law on Land, organizations and individuals have the right to be assigned or leased land and have their land use right recognized by the State. Land users have the right to transfer the land use right.
- Law on Land (2013, 2024); Decree No. 43/2014/ND-CP and Decree No.102/2024/ND-CP[6] also provide a legal framework for land use planning, including opportunities to address concerns where a change of land use may affect forest lands or existing land use rights certificate holders, including households, individuals, and communities. To better secure land use rights, protection forest land and SUF land, the Decree No. 101/2024/ND-CP and Decree No. 10/2023/ND-CP[7] which amends Decree No. 43/2014/ND-CP have added more conditions for the change of land used for rice cultivation, protection forest land, or special use forestland to other purposes, applicable to investment projects.
Decree No. 47/2014/NĐ-CP[8] on regulations on compensation, support, and resettlement upon land expropriation by the state provides the details, procedures and valuations for compensation in the event of expropriation of land by the State, Decision No. 63/2015/QD-TTg on policy assistance in vocational training and job search for workers whose land is withdrawn by the state establishes additional support for citizens who have had their land expropriated.[9]
Where the land recovered by the State is forest land, compensation is regulated under the Forest Protection and Development Law (2004) and Law on Forestry (2017), with detailed regulations provided under subsidiary legislation, which can include assignment or lease of another forest area.
According to the Law on Forestry (2017) and related guiding documents, forest owners have the right to be granted permission by competent state agencies for recognition of forest use rights and ownership rights over planted production forests in accordance with the law. Decree No. 168/2016/NĐ-CP[10] also regulates that households, individuals and communities are eligible to receive forest contracts from forest owners (special use forest management boards, protection forest management boards, and one-member forestry limited liability companies). Clause 8, Article 14 of the Law on Forestry (2017) stipulates to respect the living space, customs and practices of the residential community, and to prioritize the allocation of forests to ethnic minorities, households, individuals and communities with customs, practices, cultures, beliefs and traditions associated with forests, with appropriate conventions and conventions accordance with the provisions of the law. Article 73 also stipulates that forest owners can cooperate and associate with domestic and foreign organizations and individuals to protect and develop forests, providing a basis for collaborative forest management.
The Law on Forestry (2017) stipulates the allocation of forestry land with forests as follows:
● Special use forests (SUF) are assigned to SUF Management Boards, organizations in the fields of science and technology, education and training, and vocational training in forestry; residential communities; and economic organizations.
● Protection forests are assigned to the Protection Forest Management Boards, armed units, households and individuals, residential communities, and economic organizations. In cases where protection forests do not have a management board, organizations, households, and individuals can be allocated this forest land to carry out forest protection and development activities, but it cannot be used to secure a mortgage. Similar provisions also apply to SUFs.
● Production forests are allocated without levy to households and individuals as well as to Protection and SUF Management Boards with production forest land located in their areas. The State also leases natural and planted production forests to economic entities, households and individuals, and collects rent on a lump-sum or annual basis.
Viet Nam’s legal framework also covers mapping and inventory of forest, land and rights related to these. Article 30 of Circular 33/2018/TT-BNNPTNT providing for the investigation, inventory and monitoring of forest development stipulates the reference system and scale to be used for maps of forest inventory results. In Article 35, the monitoring of changes in the forest owner's area is prescribed in accordance with Article 8 of the Law on Forestry (2017), and is managed by the Commune People's Committee.[11]
According to the Law on Land (2013), ministries, sectors and related agencies shall provide results of base investigations on land and other land-related information and data to MONRE (now MAE) to update the national land database and the land information system.
[1] The Constitution of Viet Nam (2013), Article 53
[2] The Law on Land (2013) (Law No 45/2013/QH13)
[3] Law on Land 2024 (Law No.31/2024/QH15) dated January 18, 2024.
[4] Decree No. 43/2014/ND-CP dated May 15, 2014 on guidance to implement Law on Land (2013)
[5] Decree No. 101/2024/ND-CP Regulations on basic land investigation; registration, issuance of certificates of land use rights, ownership of assets attached to land and land information system.
[6] Decree No. 10/2023/ND-CP which amends Decree No. 43/2014/ND-CP
[7] Decree No. 102/2024/ND-CP on guiding to implement of a number of articles of the Law on Land 2024.
[8] Decree No. 47/2014/NĐ-CP
[9] Decision No. 63/2015/QD-TTg
[10] Decree No. 168/2016/NĐ-CP
[11] Circular 33/2018/TT-BNNPTNT; Circular No. 16/2023/TT-BNNPTNT amending and supplementing a number of articles of the Circular No. 33/2018/TT-BNNPTNT