B2.5.1. Legal framework for cross sector coordination
In Viet Nam, REDD+ policies and measures are linked to the mandates and jurisdictions of the land and forest sectors as well as other related sectors. Effective governance structures require adequate coordination between ministries and agencies during the elaboration and implementation of the National REDD+ Action Programme,[1] Provincial REDD+ Action Plans and REDD+ programs.
Viet Nam’s legal framework defines mechanisms and institutional arrangements to support cross-sector coordination, including clear lines of communication between and across sectors and levels of government for forest management.
The Law on Promulgation of Normative Legal Documents (2015)[2] requires that new laws are subject to scrutiny to ensure unity with other legislation, especially that from other sectors. The law development process also involves the participation of other line ministries in the development of a given law. The Law on Forestry (2017)[3] request the support of other (non-forest) ministries and line agencies in their implementation.
In terms of land use and forest sector planning (i.e. the planning processes of greatest relevance to REDD+), cross-sectoral coordination is required as part of both processes, as prescribed in the Law on Land (2013 and 2024)[4], the Law on Forestry (2017)[3] and the Law on Planning (2017).[5]
Decree No. 34/2016/ND-CP[6] on implementing the Law on Promulgation of Normative Legal Documents (2015) details the procedures to be followed to ensure consistency between new laws and existing policies and legislation.
Decree No. 43/2014/ND-CP and Decree No. 101.2024/ND-CP [7] detailing a number of articles of the Law on Land (2013 and 2024), specifies procedures of collaboration between ministries, line agencies and other actors in the process of developing and adjusting master land use plans and land use plans.
The 2017 Law on Forestry[8] regulates inter-sectoral coordination in forestry planning; land and forest allocation; fight to prevent, inspect, detect and handle violations of forestry laws.
[1] NRAP (2017), Decision No 419/QD-TTg dated 5/4/2017
[2] The Law on Promulgation of Normative Legal Documents (2015)
[3] The Law on Forestry (2017), Article 12
[4] The Law on Law (2013), Article 35 and Law on Land (2024), Article 60
[5] Law on Planning (2017)
[6] Decree No. 34/2016/ND-CP dated May 2016
[7] Decree 43/2014/ND-CP and Decree No. 101.2024/ND-CP
[8] Law on Forestry (2017), Articles 10,14 & 42