New policies related to forestry development

On November 26, the Provincial People's Committee and the Department of Agriculture and Rural Development of Nghe An deployedForestry planningnational forestry development strategy for the period 2021 - 2030, with a vision to 2050. At the same time, the Department of Agriculture and Rural Development also disseminated new policies in forestry development, handed over maps and forestry planning data to relevant units and localities. Newly issued policies, notably 03 new legal documents issued by the National Assembly and the Government, have a number of policies and regulations related to the forestry sector. These are the 2024 Land Law; Decree No. 91/2024/ND-CP dated July 18, 2024 amending and supplementing Decree No. 156/2018/ND-CP dated November 16, 2018 detailing the implementation of a number of articles of the Forestry Law; Investment policy in forestry stipulated in Decree No. 58/2024/ND-CP.

Land LawNo. 31/2024/QH15, approved by the 15th National Assembly at the 5th Extraordinary Session, has 16 chapters and 260 articles, effective from August 1, 2024, with many new points to help develop sustainable forestry. At the same time, a number of articles are amended and supplemented to remove bottlenecks related to the authority to convert forest use purposes, forest allocation plans, forest leasing, etc.

Specifically, the new points of the 2024 Land Law in the field offorestry: Regarding land classification, the regulation on the group of "unused land" has been amended to "land with undetermined purpose of use and not yet assigned or leased".

This is a new regulation compared to the 2013 Land Law. Accordingly, forestry land includes both forested and unforested land after clear-cutting or bare land, bare hills, rocky mountains, land areas with interspersed inland water surfaces located in an inseparable sustainable natural ecosystem, planned for forest development by means of new forest planting, reforestation or regeneration. This regulation will overcome the current inconsistent statistics, management and use of forestry land.

The 2024 Land Law amends and supplements a number of articles of the Forestry Law: Specifically, the principles of forest allocation, forest leasing, conversion of forest use to other purposes, and forest recovery are stipulated: In accordance with national forestry planning or provincial planning, or district-level land use planning. This provision has expanded the principles of forest allocation, forest leasing, conversion of forest use to other purposes, and forest recovery when only one of the three above-mentioned plans is required.

Regarding the basis for forest allocation, forest lease, conversion of forest use to other purposes, and forest recovery: The plan for forest allocation, forest lease, and conversion of forest use to other purposes of the district-level People's Committee approved by the provincial-level People's Committee, or the annual land use plan at the district level approved by the competent authority. This regulation expands the basis for forest allocation, forest lease, conversion of forest use to other purposes, and forest recovery when it only needs to be consistent with one of the two plans mentioned above.

Authority to decide on the policy of changing forest use purposes: Provincial People's Councils decide on the policy of changing forest use purposes to other purposes, except for cases of implementing projects under the authority of the National Assembly, Prime Minister, Provincial People's Councils to approve and decide on investment policies according to the provisions of the Investment Law, the Law on Public Investment, the Law on Investment under the form of public-private partnership, and the Law on Petroleum. Thus, basically, the authority to decide on the policy of changing forest use purposes (regardless of forest limits and types) has been decentralized to the Provincial People's Council; not divided into 3 levels (National Assembly, Prime Minister, Provincial People's Council) according to the old regulations.

Regarding the cultivation, development and harvesting of medicinal plants in special-use forests, the regulations are as follows: Forest owners shall develop plans for the cultivation, development and harvesting of medicinal plants in special-use forests and submit them to competent authorities for approval. Forest owners shall organize, cooperate, associate or lease the forest environment to organizations and individuals for the cultivation, development and harvesting of medicinal plants or for the organization of scientific research activities. The cultivation, development and harvesting of medicinal plants in special-use forests shall be carried out in accordance with the Regulations.forest managementand other relevant legal provisions.

Regulations on scientific research, teaching, internship and tourism activitiesEcology, resort, entertainment and raising, growing and developing medicinal plants in protective forests are supplemented with the following regulations: Construction of works serving eco-tourism, resort, entertainment; raising, growing and developing medicinal plants in protective forests.

Regarding the cultivation and development of medicinal plants in protective forests, specific regulations include: Forest owners shall develop a plan for the cultivation and development of medicinal plants in protective forests and submit it to competent authorities for approval. Forest owners shall organize, cooperate, associate or lease the forest environment to organizations and individuals for the cultivation and development of medicinal plants or for the organization of scientific research activities. The cultivation and development of medicinal plants in protective forests shall comply with the Forest Management Regulations and other relevant legal provisions.