Transparent and effective national forest governance structures, taking into account national legislation and sovereignty

 

Safeguard B, in the context of Viet Nam, means that the agencies responsible for developing and implementing the National REDD+ Programme (NRAP), Provincial REDD+ Action Plans (PRAPs) and REDD+ programs must provide information regarding proposed REDD+ policies and measures (PaMs) through active dissemination during both development and implementation, and upon request, in line with the requirements of relevant policies, laws and regulations. The accountability measures enshrined in the relevant policies, laws and regulations, including those intended to tackle corruption, are expected to be applied. 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. Existing land use rights and rights to forest land are expected to be identified, recognised and protected. The principle of fair distribution of benefits arising from the use of forest resources is expected to be applied to the implementation of the NRAP, PRAPs and REDD+ programs. Gender equality and women’s empowerment are to be promoted. Cross-sectoral coordination between related ministries and agencies, including those in the land and forest sectors, is to be promoted throughout the implementation of proposed REDD+ PaMs. Relevant dispute and conflict resolution mechanisms are expected to be available to stakeholders to address any disputes arising from REDD+ implementation.

There are two elements for this safeguard

B1. Transparent forest governance structures

Forest governance is understood as a generic term for describing the way in which people and organisations rule and regulate forests. In other words, how they allocate and secure access to rights over, and benefits from, forests, including the planning, monitoring and control of their use, management and conservation.  In Viet Nam, the Government exercises the unified State management over forest protection and development, with the Ministry of Agriculture and Rural Development assigned responsibility for State management of forests (protection and development). The Ministry of Natural Resources and Environment, the Ministry of Public Security, the Ministry of Defence and the other ministries, as well as ministerial-level agencies, coordinate with the Ministry of Agriculture and Rural Development.  The Government has set out the organisation, tasks and powers of specialised forestry agencies from central to district levels and of forestry officers in communes, wards, townships and villages with forests. At the local level, the People’s Committees also play a role in the protection and development of forests in their respective localities.
Transparent national forest governance structures are defined in Viet Nam as being structures that fulfil essential requirements in terms of two key dimensions, access to information and accountability/prevention and control of corruption.
B2. Effective forest governance structures

Effective forest governance structures are considered to be forest governance structures that adequately address a number of key components: rule of law; rights to use land and forest land; equitable benefit sharing; gender equality; cross sector coordination; access to justice; and stakeholder participation^[1] (which is covered under Safeguard D).

 

[1]These components reflect the framework of a Participatory Governance Assessment (PGA) developed with assistance from the UN-REDD Programme to assess forest governance structures at the provincial level. See also: Rey, D., Roberts, J., Korwin, S., Rivera, L., & Ribet, U. (2013) A Guide to Understanding and Implementing the UNFCCC, ClientEarth, London, United Kingdom.