A corner of a forest in the central coastal province of Quảng Bình. — VNA/VNS Photo Tá Chuyên

HÀ NỘI — The forestry sector in Việt Nam is looking to develop a decree aimed at amending current regulations and resolving issues – particularly those related to governance at both the central and local levels – while addressing difficulties in the field.

According to the Ministry of Agriculture and Environment, after 30 years of implementing land allocation policies, forestry companies across the country have allocated nearly 460,000ha of land, equivalent to about 27 per cent of the total area under management.

However, throughout the process, the allocation policies have also revealed various shortcomings and limitations, particularly in the management of land and forests, which are intertwined with the restructuring, renewal, development and effectiveness of agricultural and forestry companies.

Deputy Minister of Agriculture and Environment Nguyễn Quốc Trị said that of the nearly 460,000ha allocated by forestry companies, 68 per cent was allocated under Decree 01/CP, which pertains to land allocation for agricultural, forestry and aquaculture production purposes in State-owned enterprises.

Additionally, 29 per cent of the land was allocated under Decree 135/2005/NĐ-CP, which governs land allocation for agricultural, forestry and aquaculture production in State-owned agricultural and forestry enterprises.

Just 3 per cent of the allocated land was governed by Decree 168/2016/NĐ-CP, which regulates land allocation for forests, orchards and water surface areas within the authority of special-use forest management boards, protective forests and one-member limited liability forestry companies owned by the State.

The ministry’s representative said that land allocation has brought about positive changes in forest protection and forestry development, helping to mobilise social resources, especially local communities, to join state forestry companies in management efforts.

However, the policies' implementation has also exposed significant gaps and limitations, particularly in land and forest management.

This led to a decision by the Politburo in December 2024 to issue Conclusion 103-KL/TW, which directs further improvements to institutional frameworks, especially legal documents concerning land use, public asset management and the swift restructuring and modernisation of agricultural and forestry companies.

A report by the Việt Nam Association of Agricultural Economics and Rural Development titled 'The study and evaluation of the current status and proposed solutions for allocating forest land in forestry companies' also stated that while land allocation has played a crucial role in greening barren lands, the implementation process has revealed several issues.

For instance, Vice President of the association Nguyễn Văn Tiến said that under Decree 135/2005/NĐ-CP, households are allowed to build homes for forest supervision and temporary shelters for storing equipment.

However, the management of allocated areas by forest management units has been lax, leading to unauthorised land use changes and construction of buildings.

Many allocation contracts contain weak legal provisions, causing difficulties or even rendering enforcement impossible when contract violations occur.

Regulations on the rights and responsibilities of land allocators also remain unclear, complicating accountability in breaches.

Moreover, there is no legal framework specifying how to handle violations by communities, groups or households engaged in forest protection activities when such infractions occur on allocated land.

The lack of clear guidelines for managing assets on the land such as crops, homes and temporary structures when contracts are terminated or land is reclaimed also remains a significant issue.

Proposals for improvement

In light of these challenges, the association has called for the Government to revise the policy on forest and forestry land allocation.

Revisions should allow companies that have received land leases to independently implement business measures in accordance with legal provisions.

Furthermore, the Government should provide a clear framework for policy guidance, while the method of allocation, contractual terms and rights and responsibilities of all parties involved should adhere to civil law provisions.

The relevant authorities must also strengthen inspection, monitoring and guidance on land use management, the issuance of land use certificates and the development of management plans for forestry companies’ lands, especially when the lands are returned to local communities.

Such plans should address the land needs of minorities, ensuring social security and welfare.

Hà Công Tuấn, former deputy minister of Agriculture and Rural Development, stressed the importance of shifting the focus of forest allocation policies from social welfare to economic development, ensuring the protection of forest workers' rights and improving the management of forest resources.

Tuấn said that authorities should take swift and decisive action on violating contracts, ensuring the return of improperly used land to safeguard forest resources and promote sustainable forestry practices.

He also highlighted that there remain approximately 1,000ha of unallocated land, which should be prioritised for review and returned to proper governance to prevent waste or illegal encroachment.

Forest allocation policies should also be leveraged as a tool to promote the economic development of the forestry sector, increasing the added value of forests, and ensuring that those working in the sector are not disadvantaged by policy shortcomings.

In response to concerns about the 'closing of forests', Tuấn argued that this should not be interpreted rigidly as a complete ban on all activities in natural forests.

There should be a distinction between the illegal logging of timber and the legal harvesting of non-timber forest products or forest ecosystem services.

Tô Xuân Phúc of Forest Trends told the Vietnamplus online newspaper that from 2026 onwards, the European Union’s Regulation on Forest Loss (EURD) will come into force.

Under this rule, products like timber, coffee and rubber cultivated on forestry lands will need to comply with traceability and other forestry regulations.

Crops grown on encroached lands will not be able to access the EU market.

Director of the Forestry and Forest Protection Department Trần Quang Bảo said that this year, the forestry sector will focus on researching and drafting an inclusive decree that revises existing laws to address the challenges within the sector.

The proposals are expected to contribute to refining the policy framework, improving land management and enhancing the sustainable development of Việt Nam's forestry sector in the near future.— VNS