Content with Safeguard B B2.5 .

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+ Programme^[¹^] and Provincial REDD+ Action Plans.

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 Protection and Development of Forests (2004) and the Forestry Law (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 Land Law (2013)^[4], the Forestry Law (2017)^[3] and the Law on Planning (2017)^[5].

Decree 34/2016/ND-CP dated May 2016^[6] on detailing a number of articles of, and providing measures for 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 43/2014/ND-CP^[7] detailing a number of articles of the Land Law, 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..

In addition, Viet Nam has various other laws and regulations calling for inter-agency coordination, such as Decree 23/2006/ND-CP^[8]on procedures for the development of Forest Protection and Development Plans, including the consideration of comments from other concerned line ministries or agencies, Decree 119/2006/ND-CP on organisational and operational arrangements for the forest protection service^[9]

[1] NRAP 2017

[2] The Law on Promulgation of Normative Legal Documents (2015)

[3] The Forestry Law (2017), Article 12.

[4] The Land Law (2013), Article 35.

[5] Law on Planning (2017)

[6] Decree 34/2016/ND-CP dated May 2016

[7] Decree 43/2014/ND-CP

[8] Decree 23/2006/ND-CP

[9] Government Decree No. 119/2006/ND-CP, Article 9.

B2.5.2. Coordination mechanisms for REDD+

With regard to specific coordination mechanisms for REDD+, the National REDD+ Programme (NRAP) (2017)^[1] calls for the ‘development of a mechanism to promote and monitor inter-agency cooperation at all levels, strengthen the linkages between the private and the public sectors including public–private partnership models; encourage the participation of socio-political, professional associations, non-governmental organizations and village communities in planning, implementation and monitoring of the REDD+ Programme.’ In addition, the REDD+ policies and measures (PaMs) in the NRAP identify lead and collaborating agencies for each PaM from a number of different sectors^[2].

The State Steering Committee on Sustainable Forest Management is the steering body for the implementation of the NRAP. The NRAP identifies the implementation and coordination responsibilities of related ministries and agencies, including the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and the Environment, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Information and Communications, the Ministry of Justice, the Committee for Ethnic Minority Affairs, and the Provincial People’s Committees^[1].

At the national level, a REDD+ Network has also been established to contribute to coordinating REDD+ planning and implementation and promoting stakeholder engagement. The Network was established based on Decision 2614/QĐ-BNN-LN: Establishment of the National Network and Working Group for Reducing Emissions from Deforestation and Degradation (REDD) dated 16 September 2009. As of 2018, it has more than 300 members from government and non-government organisations at international, national and sub-national levels.

The tasks of the REDD+ Network in Viet Nam include: preparing an action plan for the design and implementation of all elements of an effective national REDD+ system; coordinating the inputs of international development partners; regular reviews and assessment of the implementation of the action plan; and ensuring that activities in support of the development and implementation of REDD+ measures are consistent with the action plan. As the REDD+ Network works in a range of thematic areas, a number of technical working groups were established:

Sub-technical Working Group on REDD+ Governance
Sub-technical Working Group on Measurement, Reporting and Verification (MRV)
Sub-technical Working Group on REDD+ Financing and Benefit Distribution
Sub-technical Working Group on Local Implementation of REDD+
Sub-technical Working Group on Private Sector Engagement
Sub-technical working Group on Safeguards

At the subnational level, Decision 5414/2015/QD-Ttg^[3] provides guidance on the development of Provincial REDD+ Action Plans (PRAPs), including the following aspects related to cross-sector coordination:

PRAP development should 'ensure the participation of relevant stakeholders, departments and sectors within such provinces'.A PRAP Technical Working Group will be set up, comprised of relevant or concerned provincial departments, line agencies and social and political organisations who are to be consulted in PRAP elaboration. Each province shall establish a PRAP steering committee or additional tasks shall be assigned to the provincial 'steering committee on forest protection and management'; the steering committee membership shall consist of representatives from provincial political and social organisations with consideration of proportion of female members.
The roles of different related and concerned ministries/line agencies and other stakeholders in implementation and monitoring are also outlined.

As of 2018, 12 provinces had established Provincial REDD+ Steering Committees and REDD+ working groups to guide the implementation of REDD+ and local forest protection and development plans: Lao Cai; Bac Kan; Thanh Hoa; Nghe An; Ha Tinh;, Quang Binh; Quang Tri; Dak Lak; Dak Nong; Lam Dong; Binh Thuan; and Ca Mau.

[1] NRAP 2017, Decision No 419/QD-TTg dated 5/4/2017.

[2] Annex: Policies and Measures for REDD+ implementation for period of 2017 – 2020, NRAP 2017.

[3] MARD Decision No. 5414/2015/QD-BNN-TCLN.

B2.5.3. Implementation of REDD+ coordination mechanisms