Content with Safeguard B B2.2 .
Viet Nam’s legal framework clearly regulates the ownership and rights to land use and forest land. The Constitution of Viet Nam states that all land and natural resources are public properties, coming under ownership of the entire people represented and uniformly managed by the State[1]. The Constitution and the Land Law (2013)[2] recognise the right of organisations and individuals to be assigned or leased land and to have their land use right recognised by the State through the grant of a land use right certificate. Land users have the right to transfer the land use right, and practice related rights and duties in concordance with the law. Households that have been allocated agricultural and residential land have their rights safeguarded under the Land Law (2013), including rights to compensation in the event of appropriation of land by the state and resettlement[3]. The Land Law also provides for compensation to households that use agricultural land but have not been granted land use rights certificates[4]. These rights are important in the context of REDD+ policies and measures involving changes in land use or strengthening the conservation of forests.
According to the Law on Forestry (2017) and guiding documents (Decree No. 156/2018/ND-CP; 83/2020/ND-CP), forest owners have the right to be granted permission by competent state agencies recognition of forest use rights and ownership rights over planted production forests in accordance with the law. In order to better secure the land use rights Decree No. 10/2023/ND-CP has added more conditions and criteria to allow the change of land use purposes for rice cultivation, protection forest land, special-use forest land for other purposes to implement investment projects, the draft land law (2023, planned to be effective in July 2024) has improved regulations on land allocation, land lease, and land use purpose change. Specifying cases of the land lease with a one-off payment for the entire lease period, which includes: Using land to implement investment projects on agricultural production, forestry, aquaculture, and salt making.
Collaborative forest management:
There is legal basis in Viet Nam for the employment of collective forest management, such as Huong/quy u’oc (village customary regulations) and the MARD Circular 70/2007/TT-BNN on village forest management regulations.
Land use planning: The National REDD+ Programme[5] and Provincial REDD+ Action Plans included land use planning activities that could potentially impact local people’s land rights. The Land Law (2013) and Decree 43/2014/ND-CP detailing a number of articles of the Land Law (2013)[6] provide a legal framework for these planning processes, 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. Decree 47/2014/NĐ-CP on regulations on compensation, support, and resettlement upon land expropriation by the state[7] provides the details, procedures and valuations for compensation in the event of expropriation of land by the State, Decision 63/2015/QD-TTg[8] 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.
Forest land allocation: The Forestry Law (2017) stipulates how forest lands are to be allocated by forest category, as follows[9]:
- Special-use forests (SUFs) are allocated to SUF Management Boards; organisations operating in science and technology, training and education, vocational training in forestry; communities; and economic entities.
- Protection forests are allocated to Protection Forest Management Boards; organisations operating in science and technology, training and education, vocational training in forestry; households and individuals; communities; and economic entities. Protection forests are generally allocated to protection Forest Management Boards[10]. Where protection forests are not managed by a Forest Management Board, organisations, households or individuals can be allocated this forest land under contract for purposes permitted, but this land must be used for forest protection and development activities and cannot be used to secure a mortgage or other financial instruments. The same provision applies to SUFs[11].
- Production forests are allocated without levy to households and individuals as well as Protection and SUF Management Boards with production forest land located in the area of forest allocated to them[12]. The State also leases natural and planted production forests to economic entities, households and individuals, and collects rentals on a lump-sum or annual basis[13].
Where the land recovered by the State is forest land, compensation is regulated under the Forest Protection and Development Law (2004)/Forestry Law (2017)[14] with detailed regulations provided under subsidiary legislation and can include assignment or lease of another forest area.
Mapping forests and tenure:
FRMS contains information on forest ownership, including on new forest plantations (FCPF 1st ER Monitoring Report), but not explicitly on customary tenure.
MARD, DARD, Sub-deportment of forest protection, and district station of forest protection are responsible for forest resource inventory, survey and monitoring (Circular No.33/2018/TT-BNNPTNT). MARD Circular No. 33/2018/TT-BNNPTNT on forest survey, inventory and monitoring regulations. Article 30. Inventory results. Map of forest inventory results using VN2000 reference system, scale as prescribed by law on maps: (a) Commune level: minimum scale 1/10,000; (b) District level: 1:50,000 rate; (c) Provincial level: 1/100,000 rate; (d) Nationwide: rate 1/1,000,000; and (d) Map of forest inventory results of forest owners in group II: proportions appropriate to the respective area. Article 35. Monitoring of changes in forest owners' areas by forest owners as prescribed in Article 8 of the Law on Forestry 2017, and managed by the commune-level People's Committees.
According to the land law (2013), ministries, sectors and related agencies shall provide results of base investigations on land and other land-related information and data to the Ministry of Natural Resources and Environment to update the national land database and the land information system.
Information on trends in differrent types of forest ownership is provided under Safeguard B2.2.3.
The Ministry of Agriculture and Rural Development is responsible for overall forest management; provincial Departments of Agriculture and Rural Development are responsible within their respective localities; provincial Departments of Natural Resources and Environment are responsible for State management of land according to the law. Provincial Forest Protection Departments as well as Management Boards for Special Use Forests and Protection Forests under the provincial Departments of Agriculture and Rural Development are responsible for State management of forestry according to the law[15]. Forest Management Boards develop forest plans for respective areas; contract households to support forest protection and development. Provincial People’s Committees approve forest plans, and receive and resolve disputes and grievances.
[1] The Constitution of Viet Nam (2013), Article 53.
[2] The Land Law (2013).
[3] The Land Law (2013), Article 77.
[4] The Land Law (2013), Article 77.
[5] NRAP 2017
[6] Decree 43/2014/ND-CP detailing a number of articles of the Land Law (2014)
[7] Decree 47/2014/NĐ-CP
[8] Decision 63/2015/QD-TTg
[9] The Forestry Law (2017) Articles 16-17.
[10] The Land Law (2013), Article 136.
[11] The Land Law (2013), Article 137.
[12] Forestry Law (2017), Article 16.
[13] Forestry Law (2017), Article 17.
[14] Forestry Law (2017)
[15] Joint Circular No. 14/TTLT-BNNPTNT-BNV dated 15 March 2015 of the Ministry of Agriculture and Rural Development and the Ministry of Home Affairs providing guidelines on the tasks, functions, powers and organisation structure of agencies specialised in agriculture and rural development under the People’s Committees at provincial and district levels, and Circular No. 15/2015/TT-BNNPTNT of the Ministry of Agriculture and Rural Development dated 26 March 2015 providing guidelines on the tasks of the Sub-Department and specialised organisations under the Department of Agriculture and Rural Development.
A number of benefits and risks related to rights to land and forest land have been identified through REDD+ planning processes at the national and subnational levels. A 2017 assessment of potential benefits and risks arising from National REDD+ Programme[1] policies and measures identified the following relevant co-benefits and risks:
- REDD+ policies and measures may support improved access to, and strengthened use rights over, lands and forest resources (and associated natural capital);
- There is a risk of loss of productive assets such as land, access or use rights to forests/forestry lands and, therefore, potential for increasing conflicts over land tenure and/or use;
- Potential reduced access to resources, such as forest and land, for subsistence and/or livelihoods;
- There may be a lack of maintenance or abandonment of coastal forests plantations on lands that are classified as protection or special-use forest.
The assessment at the national level also put forward a number of suggested measures for enhancing the identified benefits and reducing risks related to rights to land and forest land, including:
- Decision support tools for integrated land use planning, as well as consultations for strategic environmental assessment/environmental impact assessment should integrate social parameters to avoid or mitigate access and use restrictions and the loss of productive assets and livelihoods. Special attention should be given to the inclusion of the poorest communities, ethnic minorities and gender issues into the process.
- Appraisal and field verification should be carried out to ensure that communities will not be negatively impacted by the land-use planning process and that their rights are respected, especially for ethnic minorities and women.
- Forest land allocation procedures should be clarified and properly implemented, and should address issues of inequity; these processes should also be combined with other supporting investments in community/household abilities to develop, manage and protect forest land effectively.
- Clear guidelines should be developed and implemented for collaborative forest management, non-timber forest products business models, and livelihoods interventions.
- Plantation and sustainable forest management activities should maintain a focus on including communities and addressing social safeguards issues, e.g. promoting long rotation forestry and sustainable forest management for smallholders and community forestry cooperatives.
- Collaborative forest management approaches are highly appropriate to address potential conflict as well as promote the participation of communities in afforestation/reforestation activities.
At the sub-national level, analysis of social and environmental risks and benefits is also required for the development of Provincial REDD+ Action Plans (PRAPs)[2]. In specific sub-national locations, assessments have also been carried out through the Strategic Environmental and Social Assessment (SESA) during the development of the FCPF Emission Reductions Program in the North-Central Region of Viet Nam, and through the assessment of Environmental and Social Considerations for the Project for Sustainable Forest Management in the Northwest Watershed Area (SUSFORM-NOW) funded by the Japan International Cooperation Agency (JICA).
The Emission Reductions (ER) Program in six provinces in North-Central Region of Viet Nam, which has conducted a SESA and prepared an Environmental and Social Management Framework (ESMF), also identifies risks related to land and forest use, noting that land tenure, access to resources and livelihoods are consistently cited as the most important social issues related to REDD+ implementation [3]. Identified risks include: potential for reduced access to forest and non-timber forest product (NTFP) resources for forest dependent communities through improvements to forest governance; social impacts from loss of land previously used for agriculture or restrictions placed on accessing forest for NTFP collection; and possible gender and poverty issues related to access to forest. A Resettlement Policy Framework (RPF) [4] has been prepared for the ER Program which sets out principles and objectives, eligibility criteria of displaced persons, modes of compensation and rehabilitation, participation features and grievances procedures that will guide the compensation and potential resettlement of program affected persons. A Process Framework (PF) [5]. has also been prepared to guide procedures to identify, assess, minimize and mitigate potential adverse impacts on local livelihoods by restriction of access.
In order to achieve forest protection and sustainable development goals, and the objectives of REDD+ interventions, it is also essential to promote more equitable and collaborative forms of forest governance and address issues of land and resource conflict and inequitable benefit-sharing. A framework of procedures has been designed to ensure adequate consultation and participation and promote collaborative management for the implementation of REDD+ interventions. The subnational safeguards guidance also provides procedures for promoting collaborative forest management in REDD+ implementation and to meet the relevant safeguards. It helps to guide the review and strengthening of collaborative forest management arrangements, or the establishment of new arrangements, in a way that takes into account the specific situation of each area.
REDD+ implementation may result in significant impacts on the dynamics of use, negotiation and potentially conflicts over forest resources, land and other resources in forest areas[1]. In addition to collaborative management approaches, Viet Nam’s REDD+ initiatives also seek the full and effective engagement of stakeholders, and the application of Free, Prior and Informed Consultation/Consent. More information is provided under Safeguards C2.2 and D2.2.
Effective mechanisms to address contentious issues, complaints and disputes during REDD+ implementation, collectively referred to here as Grievance Redress Mechanisms (GRMs), are necessary as part of addressing and respecting the Cancun safeguards, including for disputes related to rights to land and forest land. The GRM for REDD+ in Viet Nam is discussed in more detail under Safeguard B2.6.
[1] NRAP 2017 Chapter 3, MARD Decision No. 5414/2015/QD-BNN-TCLN.
[2] Forest Carbon Partnership Facility (FCPF) Carbon Fund. Emission Reductions Program Document (ER-PD). Date of Submission: 5 January 2018
[3] Joint FCPF/UN-REDD Programme Guidance Note for REDD+ Countries, June 2015.
[4] MARD (2018) Resettlement Policy Framework https://documents1.worldbank.org/curated/en/342091549017853009/pdf/RPF-Vietnam-FCPF-REDD-November-4-2018.pdf
[5] MARD (2018) FCPF ERP Process framework, available at https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fdocuments1.worldbank.org%2Fcurated%2Fen%2F649181549019417056%2FProcess-Framework-ERP-Nov2017-Tarr-4th-of-November-2018.docx&wdOrigin=BROWSELINK
REDD+ implementation may result in significant impacts on the dynamics of conflicts over forest resources, land and other resources in forest areas[1]. Effective mechanisms to address contentious issues, complaints and disputes during REDD+ implementation, collectively referred to here as Grievance Redress Mechanisms (GRMs), are necessary as part of addressing and respecting the Cancun safeguards, including for disputes related to rights to land and forest land. The GRM for REDD+ in Viet Nam is discussed in more detail under Safeguard B2.6.
[1] Joint FCPF/UN-REDD Programme Guidance Note for REDD+ Countries, June 2015.
Area of forest distributed by manager, year 2021[1]
Unit: ha
| Oder | Managers | Total area of forests | Natural forest | Plantation forest |
|
| Total | 14.745.201 | 10.171.757 | 4.573.444 |
| 1 | Special-use forest management board | 2.175.082 | 2.064.488 | 110.594 |
| 2 | Protection forest management | 3.059.535 | 2.533.254 | 526.281 |
| 3 | Economic organizations | 1.688.803 | 1.127.240 | 561.563 |
| 4 | Armed organization | 184.436 | 123.126 | 61.31 |
| 5 | Science & technology, Education and Training organization | 192.676 | 80.39 | 112.286 |
| 6 | Domestic households and individuals | 3.101.858 | 1.320.187 | 1.781.671 |
| 7 | Residential community | 989.827 | 920.341 | 69.486 |
| 8 | Foreign investment enterprises | 15.213 | 2.202 | 13.011 |
| 9 | Commune People's Committee | 3.337.770 | 2.000.529 | 1.337.241 |
[1]Decision No: 2860/QĐ-BNN-TCLN July 27, 2022 of the Ministry of Agriculture and Rural Development
Status and trends in land certificates in forested provinces[1]
Trend in forest land allocation, national and by province
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Trends in forest protection contracts
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Trends in collaborative forest management arrangements
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