Community Sacred Forest Rights in the Forest Law 2017
There are 17 Articles provided by
SPERI and LISO[1]
that have been included in the New Forest Law No.16/2017/QH14
of the Vietnamese Government
There include six new
terms now recognized by Law:
1.
Living Space for
Indigenous People (IP);
2.
Community Sacred Forest
of IP;
3.
Customary Law of IP;
4.
Traditional Watershed
Forest;
5.
Native Species;
6.
Border Forest
Specific 17 Articles (Italic and underline in red)
1. Article 2: Interpretation
of terms
8. Spiritual forest is the forest attached with beliefs, customs and practices of
forest-dependant residential communities.
9. Forest owners are organizations, households, individuals and residential communities that are
allocated and leased forest, and allocated and leased land by the State for reforestation; forest restoration and development; transfer, donation and inheritance of forest from other organizations,
households and individuals in accordance with Law.
24.
A residential community consists of the community of Vietnamese citizens residing in the same geographical location including village, hamlet, groups of people living on the same street, or similar residential quarter sharing the same customs
and practices.
2. Article 3: Principles of forestry activities
4. Ensure publicity, transperancy and participation of relevant
organizations, households, individuals and residential communities in forestry
activities.
6. The State ensures
that ethnic monirity people and forest-dependant
residential communities shall be allocated forest attached with land for agro-forestry-fishery
production; co-operate and link with forest owners to protect and develop
forests, and be shared
benefits from forest; practice cultural and belief
activities
attached with forest in accordance with Government
regulations.
4. Article 5: Forest classification
2. Special-use forests are mainly used to preserve
natural forest ecosystem
and forest species genes, conduct scientific researches, preserve historical, cultural and spiritual sites, and scenic landscapes in
combination with
the providing of eco-tourism,
relaxation and entertainment
services, except for restricted zones under strict
protection; and provide environmental servcies, which inlude:
d) Landscape protection areas include forest for preservation of historical and cutural relics, and
scenic landscapes; spiritual forest; forest for protection of rural
environment, industrial parks, processing zones, economic zones, and high-tech zones;
3. Protection forests shall be
classified based on levels of importance, mainly used to protect water sources and soil, prevent erosion, landslide, flood and desertification, mitigate natural calamities and regulate climate, and contribute to protection of environment,
national defence and security in combination with the providing of eco-tourism, relaxation
and entertainment services, and environmental services, which include :
a) Watershed forests; water protection forests of residential communites, and border protection
forests;
6. Residential communities
6. Article 10: Principles and basis of forestry
planning
1. Forestry
planning must strictly comply with rules of law on planning and principles as
below:
d) Ensure the participation of agencies,
organizations, residential communities, households and individuals; ensure the
publicity, transparency and gender equality;
7. Article
12: Planning, consultation,
reviewing, approving and adjusting national forestry planning
2. Consultation:
a) Ministry of Agriculture and Rural
Development is responsible for gathering opinions from relevant State agencies,
organizations, households, individuals and residential communities; synthetizing
and receive opinions for further explanation;
b) Consultation on forestry planning shall
be conducted publicly through mass media, in forms of official letter or
organization of workshops and conferences;
c) The consultation time shall be within 60
days from the date when the competent State agency decides to conduct the
consultation.
8. Article 14: Principles
of forest allocation, lease and change of forest use purposes and withdrawal
2. Do not change purposes of use of natural forest into other purposes,
except for important national projects, projects for national defense and
security, and other vital projects approved by the Government.
7. Ensure publicity,
transparency and participation of local people; no discrimination in religion,
belief and gender in forest allocation and lease.
8. Respect living space, customs and
practices of residential communities; Priority in forest allocation shall be
given to the ethnic minority people, households, individuals and residential
communities that practice customs, traditional and cultural beliefs attached
with forest, that have their own regulations and rules in accordance with Law.
9. Article 16: Forest
Allocation
1. The State allocates
special-use forests without collection of forest use fees to the following:
d) Residential communities with spiritual
forests which they have been managing and using traditionally;
2. The State allocates protection forests without collection
of forest use fees to the following:
d) Residential communities with forests that
protect their water sources
3. The State allocates production forests without
collection of forest use fees to the following:
a) Households,
individuals and residential communities that legally reside within the communal territory with
forests; military units
10. Article 53: Scientific
researches, teaching, internship; eco-tourism; relaxation and entertainment
services, except for restricted zones under strict protection within the special-use
forests
4. Forest owners organize, co-operate and
link with organizations and individuals, or let them lease forest environment to launch business in eco-tourism, relaxation and entertainment services in special-use
forests, while ensuring not to affect the preservation of natural ecosystem,
biodiversity, landscape and other functions of the forest.
11. Article 56: Scientific researches, teaching,
internship; eco-tourism, relaxation and entertainment services in protection
forests
4. Forest owners organize, co-operate and
link with organizations and individuals, or let them lease forest environment to
launch business in eco-tourism, relaxation and entertainment services, while
ensuring not to affect the preservation of natural ecosystem, biodiversity, and
other functions of the forest.
12. Article 60: Agro-forestry-fishery production; scientific researches, teaching,
internship; eco-tourism, relaxation and entertainment services in production
forests
4. Organize, co-operate, set up joint ventures
and link with organizations and individuals, or let them lease forest and
forest environment in accordance with the forest owner’s rights to launch
business in eco-tourism, relaxation and entertainment services.
13. Article 81: Rights and obligations of
households and individuals allocated protection forests by the State
1. Households
and individuals allocated protection forest by the State have the rights:
b) To be provided budget by the State to
protect and develop forest;
14. Article 83: Rights and obligations of
households and individuals leased production forests by the State
1. Households and individuals leased production
forest by the State have the rights:
b) To
be shared benefits from forests based on lease contracts; to own plants, animals and other property attached with the planted
forests invested by forest Planters.
15. Article 86: Rights and obligations of
residential communities allocated spiritual forests, protection forests and
production forests.
1. Residential
communities allocated spiritual forests, protection forests and production
forests have the rights:
a) To fulfill obligations as specified in
Article 74 of this Law;
b) To be provided budget by the State to
protect and develop special-use forests and protection forests allocated to the
residential communities;
c) To be guided on agro-forestry-fishery
production, under-canopy farming, cattle grazing in accordance with forest
management regulations; to be supported to develop forest economy, restore
forests with native forestry species;
d) To
exploit forestry products available in special-use forests being spiritual
forests as specified in Article 52, protection forests as specified in Article
55, natural production forests as specified in Article 58, and planted production
forests as specified in Article 59 of this Law, and to be shared benefits from
forest in accordance with State policies; to own plants, animals and other property
available on the planted forest land invested by forest Planters.
2. Residential communities
allocated spiritual forests, protection forests and production forests have the
obligations:
a) To fulfill obligations as specified in
Article 74 of this Law;
b) To complete and implement regulations and
rules on forest protection and development in line with this Law and other
relevant laws;
c) To secure the allocated forests;
d) To not allocate
forest areas to members of the residential community;
e) To not transfer, lease or donate forest
use rights; not to mortgage or contribute capital with the value of forest use
rights.
16. Article
102: State management responsibilities of People's Committees at all levels
4. Chairmen of People’s Committees at all levels are responsible for
forest fire, deforestation or loss caused by law violations in forest
management and protection within their scope and location of management.
4. People’s Committees
of provinces shall review available natural forest area to include in the
planning of special-use forests, protection forests or production forests
within 12 months from the effective date of this Law.
[1] LISO stands
for TEW-CHESH-CIRD-SPERI-CODE-CENDI and CIRUM alliance members who are engaging
over the last three decades of concentrating on the Indigenous People’s Wisdom
in Biodiversity Enrichment and Ecological Cultural Livelihood Sovereignty which
based on Community Economy.
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