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Ownership regime for forest resources in Vietnam - 1


MINISTRY OF EDUCATION AND TRAINING HO CHI MINH CITY UNIVERSITY OF LAW

FACULTY OF COMMERCIAL LAW

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PHAM THANH NGA


OWNERSHIP REGIME FOR FOREST RESOURCES IN VIETNAM

MASTER OF COMMERCIAL LAW


HO CHI MINH CITY – 2015


HO CHI MINH CITY UNIVERSITY OF LAW FACULTY OF COMMERCIAL LAW

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BACHELOR OF LAW THESIS


OWNERSHIP REGIME FOR FOREST RESOURCES IN VIETNAM


STUDENT: PHAM THANH NGA Course: 36 Student ID: 1155010223

INSTRUCTOR: MSc. NGUYEN THI NGOC LAN

Dr. PHAM VAN VO (support)


HO CHI MINH CITY – 2015

COMMITMENT


I hereby declare: This graduation thesis is the result of my own research, conducted under the scientific guidance of Master Nguyen Thi Ngoc Lan, ensuring honesty and compliance with regulations on citation and reference notes. I take full responsibility for this declaration.


Ho Chi Minh City, July 2015


Author


Pham Thanh Nga

LIST OF ABBREVIATIONS


ABBREVIATIONS

ABBREVIATIONS

Ministry of Agriculture and Rural Development

Ministry of Agriculture and Rural Development

Law on Protection and Development

Law on Forest Protection and Development 2004

RDD

Special use forest

RPH

Protective forest

RSX

Production forest

People's Committee

People's Committee

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Ownership regime for forest resources in Vietnam - 1

INDEX

INTRODUCTION 1

CHAPTER 1. OVERVIEW OF OWNERSHIP REGIME FOR FOREST RESOURCES IN VIETNAM 4

1.1 Some concepts 4

1.1.1 Concept of forest and forest resources 4

1.1.2 Concept of forest owner 8

1.2 Basis for establishing the regime of public ownership of forest resources in Vietnam

.......................................................................................................................... 9

1.2.1 Theoretical basis 9

1.2.2 Legal basis 11

1.3 Characteristics of the people's ownership regime for forest resources in Vietnam 14

CONCLUSION OF CHAPTER 1. 19

CHAPTER 2. CURRENT STATUS OF FOREST OWNERSHIP IN VIETNAM 20

2.1 Private ownership of production forests is plantation forests 20

2.1.1. Basis for establishing 20

2.1.2. Method of exercising private ownership rights over planted forests 21

2.1.3. Current status of private ownership of planted forests 24

2.2 Forms of State ownership of forests 26

2.2.1 Basis for establishment 26

2.2.2 State forest coordination methods 27

2.2.3 Current status of forest use rights implementation in Vietnam 35

2.3 Directions for improving laws on forest ownership in Vietnam 40

CONCLUSION OF CHAPTER 2. 45

CONCLUSION 46

INTRODUCTION

1. Reason for choosing the topic

As an important part of natural resources, forest resources are considered the cradle of life on Earth and at the same time a source of strong economic and financial development, contributing significantly to the overall strength of a country. The influence of forest resources is not only for each community and each individual country but also has significance on a global scale.

To protect this resource well, the Vietnamese State pays special attention to building a legal system in the forestry sector to establish a system of specialized management agencies from central to local levels - one of the effective tools on behalf of the State to enforce legal regulations in the actual management and protection of forest resources. And to implement a unified management mechanism nationwide, from the 1980 Constitution onwards, our State has only recognized one ownership regime for forest resources, which is the ownership regime of the entire people. Through a process of development up to now, the ownership regime of the entire people for forest resources has still affirmed its necessary suitability, of course, in terms of content, there must be some changes to adapt to the typical economic - cultural - social situation of the industrialization - modernization period of the country.

Choosing to research the topic of ownership regime for forest resources in Vietnam, the author wishes to reaffirm once again the necessity of the people's ownership regime for forest resources with the leading role of the State ownership form in forest management and protection, along with promoting the improvement of the law on forest resource ownership in our country.

2. Research status of the topic

The ownership regime of the entire people in Vietnam in general is an issue that attracts a lot of attention from scholars and scientists. However, the number of in-depth research topics on the ownership regime for forest resources in particular is not really remarkable. Through research, there are a number of articles and works that directly or indirectly mention the issue of ownership of forest resources in Vietnam that are worth paying attention to, as follows:

In scientific journals:

Hoang Huy Tuan (2013), "Decentralization and ownership in natural resource management: Theoretical approach and contextualization in forest management in Vietnam", Journal of Forestry Science , No. 1/2013, pp.2657-2669.

Vu Long (2005), "On natural forest ownership" posted on the website of the Vietnam Forestry Science Institute.

Nguyen Dai Anh Tuan - Deputy Head of Thua Thien Hue Forest Protection Department (2014), "Socialization of forest resource management - an unfinished problem" posted on the website of the Center for People and Nature.

Scientific report:

To Xuan Phuc & Tran Huu Nghi (2014), Land and forest allocation in the context of forestry sector restructuring: Opportunities for forest development and improving livelihoods in highland areas, Hue.

Thesis:

Nguyen Thi Thu Trang (2012), Decentralization of property ownership in forest allocation to communities in the Central Highlands , Master's thesis in economics, Ho Chi Minh City University of Economics.

Monographs:

Nguyen Thanh Huyen (2013), Law on management and protection of forest resources in Vietnam , National Political Publishing House.

The above articles and research topics mainly focus on studying a part of the content of the forest resource ownership mechanism in Vietnam, not specifically outlining the whole people's ownership regime for forest resources as well as the way of operating forest ownership rights with two forms of ownership according to the provisions of current law. Therefore, the author has chosen to study and clarify the ownership regime for forest resources in Vietnam.

3. Research purpose of the topic

Research and analyze the provisions of Vietnamese law to clarify the nature of the regime of public ownership of forest resources and at the same time study the content of how to implement forest ownership rights in Vietnam according to the law on forest protection and development, thereby proposing directions for improving the law on forest ownership in our country.

4. Subject and scope of the research topic

Research object

The main research object that the topic wants to focus on is the ownership regime for forest resources in Vietnam, more specifically, the legal regulations on the ownership regime for the whole people of forest resources in Vietnam with two forms of ownership: private ownership and state ownership.

Scope of research

The author studies the ownership mechanism for forest resources in Vietnam through studying the provisions of current laws such as the 2013 Constitution, the 2004 Law on Forest Protection and Development, and the 2005 Civil Code (amended and supplemented in 2011).

and legal documents of the Government, Ministry of Agriculture and Rural Development, departments related to the forestry sector...

In addition, to serve the research work, the author also consulted related documents and materials of many authors, researchers or other organizations with research works or professional reports in the forestry field on forest ownership forms, forest management, protection and development in Vietnam.

5. Research methodology

The main research methods are analysis, synthesis and theoretical research methods.

Analysis and synthesis method: this is the method used throughout the topic to synthesize legal regulations on ownership regime as well as methods of implementing ownership rights to forest resources in Vietnam, analyze how to implement ownership models for forest resources, thereby pointing out the advantages and disadvantages of Vietnamese law on forest management and protection.

Theoretical research method: the author collects many domestic and foreign documents from reference books, electronic networks, magazines, etc. for research in order to provide solid and authentic theoretical bases for the topic.

In addition, the author also combines many other methods to achieve high efficiency for the research topic such as the comparative method, comparing the regulations on ownership of forest resources in Vietnam with the forest resource ownership model of some countries in the world, thereby drawing lessons towards perfecting the ownership regime and methods of effective management and protection of this resource in our country. The methodology of dialectical materialism and historical materialism of Marxism-Leninism to study the basis of formation as well as the law on ownership regime for forest resources in Vietnam in parallel with the combination of research methods of analyzing actual data, building hypotheses... to draw conclusions to clarify the research topic.

6. General layout of the thesis

Besides the Introduction, Conclusion, Table of Contents, Appendix and List of References, the content of the topic is structured into two chapters including:

Chapter 1: Overview of forest resource ownership regime in Vietnam Chapter 2: Current status of forest ownership rights in Vietnam.

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