Content with Safeguard B B2 .
In the Vietnamese context, the term “rule of law” means that law is the main tool to govern society and all individuals and organisations must respect the law. In the context of REDD+, all public agencies are expected to act in accordance with their legal mandates and to follow the rules of behaviour established in Viet Nam’s legal framework. Article 2 of the Constitution of Viet Nam (2013) regulates the rule of law in the country.
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
- Content not yet avaiable
Trends in forest protection contracts
- Content not yet avaiable
Trends in collaborative forest management arrangements
- Content not yet avaiable
Content not yet available
The Constitution of Viet Nam (2013) states that land and natural resources of Viet Nam belong to the people and are managed uniformly by the State on behalf of the people and affirms principles of social progress and equality in its approach to independent socio-economic development based on its internal resources[1].
The Forestry Development Strategy (2006-2020)[2] and subsequent Forestry Development Strategy in the 2021-2030 period, with a vision to 2050[3] recognise the role of forests in terms of rural development and poverty reduction, in particular for ethnic minorities and other groups that are dependent on forest lands and resources for their livelihoods. Viet Nam’s forest laws and regulations recognise a wide range of benefits and services provided by forests and make provision for their allocation and distribution. This includes both the direct economic benefits from harvesting of timber and non-timber forest products (NTFPs) as well as the environmental services provided by forests. The principle of fair distribution of benefits arising from the use of forest resources is expected to be applied to the implementation of National REDD+ Programme[4] and Provincial REDD+ Action Plans.
The Forestry Law (2017) makes provisions for allowable exploitation of all three forest types (special use, protection and production), enabling forest owners to develop plans and benefit from forests accordingly and in line with the forest purpose[5]. This includes that compensation is to be provided to providers of forest ecosystem services based on the principles of ‘openness, democracy, objectivity and equality; and conformity with the Vietnamese law and international conventions[6]. The absorption and retention of forest carbon, reduction of greenhouse gas emissions by reducing deforestation and forest degradation, and sustainable forest management (i.e. REDD+), are recognised as forest ecosystem services[7]. The Law on Biodiversity (2008)[8] also states that organisations and individuals that benefit from biodiversity exploitation and use are required to share their benefits with concerned parties.
There are various laws and regulations providing guidance on how benefits from forests are to be distributed, depending on the forest type and benefit:
Prime Minister’s Decision 178/2001/QD-TTg[9] prescribes the benefits and obligations of households and individuals assigned, leased or contracted forests and forestry land by the State for forest protection, regeneration zoning and planting, with a view to creating an economic motivation for encouraging people to actively participate in forest protection and development. In line with the objectives of the law, in many instances households may retain 80-100% of the benefits from the sale of timber, NTFPs such as bamboo, inter-cropped plants, etc.
Decree 99/2010/ND-CP[10] and Decree No. 147/2016/ND-CP[11] (which amends some of the articles in the former) state that payments for forest environmental services (PFES) are made on the principles of ‘transparency, democracy, subjectivity, and equity, in line with the legal system of Viet Nam and international agreements that Viet Nam ratifies or joins, are ensured’. They also detail the types of environmental services covered under the law (including carbon sequestration/retention and REDD+), define buyers and sellers (service providers may include forest owners, including households and individuals as well as contracted households and individuals), methods and levels of payment, management and use of the PFES funds, and the rights and obligations of users and suppliers.
Decision No. 07/2012/QD-TTg created the legal framework for forest co-management, benefit sharing, rights and obligations of special-use forest management boards and local communities, with the aim to contribute to income generation and the improvement of livelihoods for communities under forest protection contracts[12] .
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 Forest Protection Departments as well as Forest Management Boards under the provincial Departments of Agriculture and Rural Development are responsible for ensuring that forest land is managed and used according to its legal purpose. National and Provincial Forest Funds are responsible for the distribution of PFES benefits from buyers to sellers.
[1] The Constitution (2013), Articles 50 & 53.
[2] The Forestry Development Strategy (2006-2020).
[3] Forestry Development Strategy in the 2021-2030 period, with a vision to 2050 [https://snrd-asia.org/wp-content/uploads/2022/03/Decision-on-Viet-Nam-Forestry-Development-Strategy_EN.pdf]
[4] NRAP 2017
[5] The Forestry Law (2017), Articles 52-60.
[6] The Forestry Law (2017), Article 62.
[7] The Forestry Law (2017), Article 61.
[8] The Law on Biodiversity No. 20/2008/QH12.
[9] Prime Minister’s Decision 178/2001/QD-TTg
[10] Decree 99 /2010/ND-CP
[11] Decree No. 147/2016/ND-CP
[12] Decree 07/2012/QĐ-TTg (2012)
As part of the implementation of the National REDD+ Programme (NRAP, 2017)[1], the Government of Viet Nam will issue detailed guidance on the implementation of a REDD+ benefit sharing mechanism, and on a co-management mechanism for Special Use Forests (SUFs), drawing on the results of pilot activities on REDD+ benefit distribution, and on a benefit sharing mechanism in the management, protection and development of SUFs.
The Ministry of Agriculture and Rural development (MARD) Decision No. 5399/2015/QD-BNN-TCLN on issuing regulations on piloting REDD+ benefit distribution under the framework of the UN-REDD Viet Nam Phase II Programme applies to six pilot provinces[2], and intends to provide practical basis for the development of a REDD+ benefit distribution mechanism and policies for nationwide application for the implementation of REDD+. Article 6 of the Decision sets out principles of benefit distribution: performance-based; equitable; transparency and accountability; efficiency and effectiveness; flexible; participatory; and that REDD+ benefits do not replace other lawful benefits to which entities and individuals participating in REDD+ are entitled in accordance with law. The Decision also establishes requirements and eligible activities, identifies direct and indirect beneficiaries, sets out responsibilities for benefit distribution, specifies criteria to be applied and procedures for monitoring and evaluation, and explains the methodologies to calculate and estimate the level of benefits/incentives.
As noted above, the NRAP (2017) specifies activities to set up and implement financial management mechanisms for REDD+[3]. These include research on an appropriate incentive delivery system/benefit distribution system and carbon rights for REDD+, in accordance with relevant incentive mechanisms, and regulations, involving assessment of current and potential incentive mechanisms for forest protection and development, issuing of a regulation on forest carbon rights, and finalisation of a REDD+ benefit distribution system, mainstreamed into Viet Nam's 'forest incentives landscape'.
At the subnational level, the Emission Reductions (ER) Program in six provinces in the North-Central Region of Viet Nam has designed and agreed a Benefit Sharing Mechanism (BSM) with stakeholders at the national, provincial, and the commune level[6]. The BSM aims to ensure that carbon benefits (both monetary and non-monetary) are shared equitably and effectively with all relevant stakeholders who will have a direct impact on generation of emission reductions in the ER Program area, including forest-dependent communities.
According to FCPF ERMR1, Vietnam Administration of Forestry (VNFOREST) takes overall responsibility for monitoring and managing the transfer of ER title including on the monitoring of benefit sharing and implementing safeguard measures[7].
[1] NRAP 2017
[2]Implemented according to MARD Decision No. 5399/2015/QD-BNN-TCLN on issuing regulations on piloting REDD+ benefit distribution under the framework of the UN-REDD Viet Nam Phase II Programme.
[3] Implemented according to Prime Minister’s Decision No. 126/2012/QĐ-TTg on the pilot policy on the benefit sharing mechanism in management, protection and development of special-use forests, piloted in Bach Ma and Xuan Thuy national parks.
[4] NRAP 2017, Decision No 419/QD-TTg dated 5/4/2017. Annex: Policies and Measures for REDD+ implementation for period of 2017 – 2020
[5] Forest Carbon Partnership Facility (FCPF) Carbon Fund. Emission Reductions Program Document (ER-PD). Date of Submission: 5 January 2018
[6] MARD (2023) Benefit Sharing Plan for the GHG ER-P In the North Central Region of Vietnam. Available at https://documents1.worldbank.org/curated/en/099084503102316232/pdf/P1626050c673020320adf60bbaaf0f53be4.pdf[7] FCPF ER Monitoring Report (2021). Available at https://www.forestcarbonpartnership.org/system/files/documents/Vietnam_1st%20ER%20Monitoring%20Report_18May2021_final_without%20Annex%201-3_0.pdf
Benefit sharing through PFES
- Content not yet avaiable
Benefit distribution reported by key emission reduction programs
- Content not yet avaiable
Trends in allocation of forest land
- Content not yet avaiable
The following information shows the status and trends in the number of household that have been contracted to protect areas of forest in all forested provinces of Viet Nam. This provides an insight into the number of households benefitting from protecting and managing forests
Content not yet available
Gender equality is recognised in the Constitution[1] as well as in the Law on Gender Equality (2006)[2] and in a range of other policies, laws and regulations. Gender equality is expected to be addressed and respected throughout the implementation of the National REDD+ Programme[3] and Provincial REDD+ Action Plans.
The Law on Gender Equality (2006) outlines the overall goals, principles, policy and measures to promote gender equality and eliminate discrimination on the grounds of gender[3]. State agencies, political organisations, and social and professional organisations are expected to strive to meet these goals, to educate their members and to take additional measures, including the establishment of social welfare establishments and support services[4].
In order to achieve the goals laid out in the Gender Equality Law, the National Strategy on Gender Equality (2011-2030)[5] includes more specific objectives and targets for enhancing gender equality in Viet Nam including:
- Number of women holding key leadership positions in 60% of all state management agencies and local administrations at all levels by 2025, and 75% by 2030;
- Number of paid women employees will increase to 50% by 2025 and 60% by 2030;
- Percentage of women working in the agricultural sector amongst all employed women will decline to below 30% by 2025 and will be less than 25% by 2030.
The Land Law (2013) also states that land use rights and property such as houses and other land-attached assets are the joint property of husband and wife and the full names of both husband and wife must be recorded in the certificate of land use rights and ownership unless otherwise agreed[6].
According to the Law on Promulgation of Normative Legal Documents (2015), gender equality issues must be integrated into legal documents and considered during impact assessments[7]. Decree 48/2009/ND-CP providing for measures to assure gender equality, requires gender equality issues to be included in the elaboration of legal documents and details further measures to promote gender equality, including information and education, elaboration of new legislation and identifies budgetary sources to fund these activities[8].
The Ministry of Labour, Invalids and Social Affairs is the State Management Agency for the Law on Gender Equality (2006) and the National Strategy on Gender Equality (2011-2020).
[1] The Constitution of Viet Nam (2013), Article 26
[2] The Law on Gender Equality (2006), Article 6
[3] NRAP 2017
[3] The Law on Gender Equality (2006), Articles 4, 6, 7 & 19
[4] The Law on Gender Equality (2006), Article 31
[5] National Strategy for Gender Equality 2021-2030 available at https://english.luatvietnam.vn/resolution-no-28-nq-cp-dated-march-03-2021-of-the-government-on-promulgation-of-the-national-strategy-on-gender-equality-in-the-period-of-2021-203-199301-doc1.html.
[6] The Land Law (2013).
[7] The Law on Promulgation of Normative Legal Documents (2015), Articles 5, 35, 69 & 87.
[8] Decree No. 48/2009/ND-CP providing for measures to assure gender equality details further measures to promote gender equality, Article 1 and Articles 4-14.
Principle 1.4 of Viet Nam's National REDD+ Programme (NRAP, 2017)[1] states that the REDD+ activities should address the drivers of deforestation and forest degradation, as well as forest governance issues, gender considerations and REDD+ safeguards, ensuring the full and effective participation of relevant stakeholders, including women. National guidelines[2] on the development of Provincial REDD+ Action Plans also ask provincial planners to evaluate the potential social and environmental benefits and risks in implementing identified REDD+ activities, including impacts on vulnerable groups such as women, children, the elderly, the poor, and ethnic minorities.
The 2017 assessment of potential benefits and risks arising from the implementation of National REDD+ Programme[1] policies and measures includes a range of benefits and risks related to gender. In particular, consideration should be given to ensuring equitable participation of women in land use planning processes and environmental impact assessments, and in benefit sharing.
A number of measures to reduce risks and enhance benefits related to gender equality have been identified through REDD+ planning processes at the national and subnational levels. The 2017 assessment suggested the following measures to contribute to gender equality:
- Decision support tools for integrated land use planning and consultation processes for strategic environmental assessment/environmental impact assessment should integrate social parameters to avoid or mitigate access and use restrictions and loss of productive assets and livelihoods. Special attention should be given to the inclusion of the poorest communities, ethnics minorities and gender issues into these processes;
- Clear guidelines should be developed and implemented for interventions related to collaborative forest management, non-timber forest product businesses and livelihoods, including for example: social impact screening and surveys; free, prior and informed consultation and gender-sensitive methods; and beneficiary selection and participation guidelines to ensure selection of poor households, women, and other stakeholder groups.
An example at the subnational level is the Gender Action Plan of the Emission Reductions Program covering six provinces in Viet Nam's North-Central Region, which forms part of its Environmental and Social Management Framework. The objective of the Gender Action Plan is to promote women’s participation in the program, share in the benefits, and maximise gender equality, and it includes gender specific indicators to monitor outcomes and impacts[3].
[1] NRAP 2017, Decision No 419/QD-TTg dated 5/4/2017.
[2] Annex 2: Steps for PRAP Development, MARD Decision No. 5414/2015/QD-BNN-TCLN.
[3] Forest Carbon Partnership Facility (FCPF) Carbon Fund. Emission Reductions Program Document (ER-PD). Date of Submission: 5 January 2018
Gender in the agriculture, forestry and rural development sector nationally
- Content not yet avaiable
Forest protection contracts issues to female-headed households
- Content not yet avaiable
Participation in REDD+ design by gender o Participation in REDD+ implementation by gender
- Content not yet avaiable
Participation in REDD+ implementation by gender
- Content not yet avaiable
The following information relates to trends in the gender equality nationally across some relevant aspects of the agriculture, forestry and rural development sector. These figures provide some insight into progress in the implementation of Viet Nam’s policies, laws and regulations on promoting gender equality.
Gender development index in provinces
Content not yet available’
Number of employees in the agriculture, forestry and fisheries sector, 2016, 2020 and 2021
| Year | Total employees | Male | Female |
| 2016 [1] | 223,151,000 | 110,686,000 | 112,466,000 |
| 2020 [2] | 177, 246 000 | 90,739,000 | 86,507,000 |
| 2021 [2] | 142,623,000 | 77,104,000 | 65,519,000 |
[1] General Statistics Office of Viet Nam. 2018. Gender Statistics in Viet Nam 2016. https://www.gso.gov.vn/default_en.aspx?tabid=515&idmid=5&ItemID=18903
[2] General Statistics Office of Viet Nam. 2021 Gender Statistics in Vietnam report 2021 https://www.gso.gov.vn/wp-content/uploads/2023/04/Thong-tin-gioi-VN-2021_final.pdf
Average monthly earnings per employee in the agriculture, forestry and fisheries sector, 2010, 2016 and 2021
| Year | Average | Male | Female | Female earnings as % of male |
| 2010 [1] | 1,826 | 1,996 | 1,539 | 77.1% |
| 2016 [1] | 3,316 | 3,692 | 2,580 | 69.9% |
| 2021 [2] | 4,701 | 5,288 | 3,643 | 68.9% |
(Unit: 1000 VND)
[1] General Statistics Office of Viet Nam. 2018. Gender Statistics in Viet Nam 2016. https://www.gso.gov.vn/default_en.aspx?tabid=515&idmid=5&ItemID=18903
[2] General Statistics Office of Viet Nam. 2021. Average monthly earnings of wage workers by sex and industry in 2021. https://www.gso.gov.vn/wp-content/uploads/2023/03/Sach-Bao-cao-LD-viec-lam-TA-Can-1.pdf
Women holding land certificates
Content not yet available’
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.
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.
Sectors represented in REDD+ coordination mechanisms
- Content not yet available
National and provincial master plans
- Content not yet available
Access to justice is recognised under Vietnamese law as the right of all individuals and organisations to access formal and informal legal institutions and to ask for protection of their legitimate rights and interests. The legal framework also guarantees access to appeals, remediation, compensation and the enforceability of its decisions. In the context of REDD+, the relevant dispute and conflict resolution mechanisms are expected to be available to stakeholders throughout the implementation of REDD+ policies and measures under the National REDD+ Programme and Provincial REDD+ Action Plans to address any disputes arising from their implementation.
The Constitution of Viet Nam (2013) recognises the right to access to justice[1], while the Law on Complaints (2011)[2] provides a comprehensive legal framework for citizens to formally access justice relating to administrative decisions, including those related to forest and forest land access, management, ownership and use. The Law on Complaints recognises the right to access legal services through lawyers, or through legal aid if the complainant is entitled to enjoy legal aid services in accordance with the Law on Legal Aid (2006)[3]. The Code of Civil Procedure (2015)[4] provides that parties have the rights to ask lawyers or other people to defend their legitimate rights and interests.
The Land Law (2013) provides several specific provisions relating to the right to access to justice on land management related decisions and the right to denounce offences against the Land Law[5]. The Law on Environmental Protection (2014) provides a general provision on dealing with complaints and denunciations relating to environmental protection[6]. Additionally, the Law on Grassroots Mediation (2013) formalises into law the popular practice of resolving disputes and grievances at local levels through the use of customary laws, local-level regulations, and/or other informal channels[7].
The Law on Mediation and Dialogue (2021) emphasizes the State’s policy of encouraging parties to settle civil cases and matters and administrative lawsuits through mediation and dialogue at court. Composed of 42 articles arranged in four chapters, the law defines the rights and obligations of mediators and parties to mediation and dialogue at court, and responsibilities of courts in mediation and dialogue activities. It also establishes order and procedures for mediation and dialogue and recognition of results of successful mediation or dialogue at court [8].
The Law on Grassroots Mediation (2013) formalizes into law the practice of resolving disputes and grievances at local levels through the use of customary laws and local-level regulations. Financial support for grassroot meditation is available from the state budget. People's Committees of communes, wards and townships are responsible for formulating a cost estimate to support mediation activities and submitting this to responsible agencies for consideration and decision; and to provide financial support for reconciliation activities in communes, wards and townships[7].
At the local level, the heads of mass organisations, village heads, religious leaders, elders at village level, and Commune People’s Committees are responsible for dispute and grievance resolution. The Ministry of Natural Resources and the Environment as well as Provincial, District and Commune People’s Committees and mass organisations are responsible for the resolution of disputes and grievances related to land. Provincial, District and Commune People’s Committees are responsible for the resolution of general complaints and grievances.
[1] The Constitution of Viet Nam (2013), Article 30.
[2] According to the Law on Complaints (2011), a complaint can be made directly to the decision maker, and an appeal process is provided at the immediate higher level. Additionally, the complaint may be brought to an even higher level in accordance with the Administrative Court Procedure Law (2015).
[3] The Law on Legal Aid (2006), Article 10. Government Decree No. 07/2007/ND-CP and Government Decree No. 14/2013/ND-CP further define who is entitled to legal aid.
[4] The Code of Civil Procedure (2015), Article 9.
[5] The Land Law (2013), Articles 166 & 203. Specific procedures for settling land disputes are contained in Articles 89 to 91 of Government Decree No. 43/2014/ND-CP, including land disputes where parties do not have land use rights certificates. In this case, evidence on the origin and use process of the land needs to be presented by the disputing parties. Specific procedures regulating disputes related to compensation for land recovery by the State are contained in Article 4 of Joint Circular No. 06/2014/TTLT-BTP-TTCP-BQP.
[6] The Law on Environmental Protection (2014), Article 128.
[7] The Law on Grassroots Mediation (2013). See also Government Decree No. 15/2014/ND-CP detailing several articles and measures to implement the Law on Grassroots Mediation, and Joint Resolution No. 01/2014/NQLT/CP-UBTUMTTQVN of the Government and the Central Committee of the Viet Nam Fatherland Front on Guiding and coordinating the implementation of some provisions of the law on grassroots mediation provide relevant guidance.
[8] Final FCPF ERP Benefit sharing plan (2023). Available at https://documents1.worldbank.org/curated/en/099084503102316232/pdf/P1626050c673020320adf60bbaaf0f53be4.pdf
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, particularly with respect to Safeguards B, C, and D. National GRMs also form part of the expected criteria for accessing REDD+ results-based payments from key REDD+ financing channels including the Forest Carbon Partnership Facility-Carbon Fund[2] and the Green Climate Fund pilot programme for REDD+ results-based payments[3].
The establishment of a GRM for REDD+ is included in Viet Nam's National REDD+ Programme[4], which by 2020 aims to finalise the processes, procedures and mechanisms to manage, resolve, process and monitor complaints related to REDD+, with a GRM established, operated and monitored. The Ministry of Agriculture and Rural Development Decision No. 5399/2015/QD-BNN-TCLN[5] on issuing regulations on piloting REDD+ benefit distribution under the framework of the UN-REDD Viet Nam Phase II Programme also includes guidance on GRMs, with piloting of benefit distribution linked with consultation with stakeholders, monitoring, evaluation and grievance redress. Article 20 of this Decision sets out the process for piloting of grievance redress mechanisms at village, commune and provincial levels.
Existing GRMs relevant to REDD+ implementation in Viet Nam have been identified based on the laws and regulations outlined under Safeguard B2.6.1 above[6] . The following specific GRMs have been identified:
- Grassroots mediation
- Mediation/conciliation at the Commune People’s Committee
- Complaint settlement
- Commercial arbitration
- Dispute settlement by courts
The implementation of these GRMs has been assessed against seven international principles for effective REDD+ GRMs[1]. This assessment identified the importance of local mediation within the framework set out in the Law on Grassroots Mediation (2013), including the following roles:
- Grassroots Mediation Groups at the village level act as focal points to receive, process, and provide an initial response to the grievances of local residents, leading to mediation and agreement on grievance resolution at this level where possible, and to transfer grievances to the Commune People’s Committee where resolution through village-level mediation is not possible.
- Commune Mediation Groups at the commune level act as a focal point to receive, process, and respond to grievances at the commune level, including those that cannot be resolved at the village level, to advise the Commune People’s Committee on resolution of grievances, and to advise local community members on referral of their grievances to other GRMs where resolution through mediation at the village or commune level is not possible.
- District Legal Advice Committees at the district level provide legal advice to complainants on mechanisms and processes to seek redress. Legal advice is provided free to complainants from poor households.
This REDD+ GRM identifies steps that can be applied for grievance redress through mediation at the village and commune levels, and for referral to other GRMs in the case of grievances that cannot be resolved through mediation, utilizing Viet Nam’s existing GRMs. This GRM has been piloted in the six UN-REDD pilot provinces, and areas for potential improvement in future have been identified.
[1] Joint FCPF/UN-REDD Programme Guidance Note for REDD+ Countries, June 2015.
[2] FCPF Carbon Fund Methodological Framework, June 22, 2016
[4] Annex: Policies and Measures for REDD+ implementation for period of 2017 – 2020, NRAP 2017.
[5] MARD Decision No. 5399/2015/QD-BNN-TCLN
[6] Development and Policies Research Centre (DEPOCEN) (2016) The Development of Grievance Redress Mechanisms (GRMs) relevant to REDD+ in Viet Nam (report funded by the UN-REDD Programme)
Content not yet available