Safeguard D Detail

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Viet Nam’s legal framework recognises the importance of ensuring public participation, including in the context of environmental and biodiversity protection, forest development as well as in the elaboration of land-use plans, and more broadly in socio-economic development planning. The Constitution (2013) and relevant laws recognise the right of citizens to participate in the management of the State[1]. The Ordinance on the Implementation of Democracy in Communes, Wards and Towns (2007) defines requirements for effective participation, including what people are required to be informed of, to discuss and vote on, to discuss and decide, to provide comments on prior to the decision by the competent authority, and to monitor[2].

Viet Nam’s policies laws and regulations set out detailed requirements about the types of information to be shared and the modes/mechanisms for participation of relevant stakeholders in policy and legislative development, planning and management in the forest sector, which are applicable to the development and implementation of the National REDD+ Programme and Provincial REDD+ Action Plans.

Agencies that formulate master plans and plans on land use are required to organise consultations[3]. The Forest Development Strategy (2006-2020)[4], the Forestry Master Plan (2011-2020)[5] and the National Target Program on Sustainable Forest Development[6] emphasise the role of local households and communities in managing, protecting and developing forests. Forest planning is required to be participatory and democratic, ensuring transparency and gender equality, and the participation of local people and ethnic minorities is required to be enabled in the management, protection and development of all forest categories (special-use, protection and production)[7]. Agencies that are responsible for environmental impact assessments are required to take into account public input prior to the final decision[8]. During the formulation of legislative documents, drafting agencies must enable the public (other organisations and individuals), or directly impacted entities” to provide opinions their opinions on the project[9].

People have the right to know, to contribute opinions, to decide, to exercise and supervise democracy at the commune level, including the right to provide comments on:

  • Draft plans on socio-economic development at the communal level; economic and production- restructuring options; schemes on sedentary farming, resettlement and new economic zones and production and business line development options of the communal level.
  • Draft detailed land use planning and plans and adjustment schemes; the management and use of land areas of the communal level.
  • Draft plans on implementation of programs and projects in communal-level localities; undertakings and schemes on ground clearance compensation and supports, infrastructure construction, resettlement; schemes on population quarter planning.
  • Draft schemes on establishment, merger and division of administrative units and adjustment of administrative boundaries, directly related to communal-level localities[10].

The Ministry of Natural Resources and the Environment, and provincial Departments of Natural Resources and the Environment within their respective localities, are responsible for developing land use, ensuring the participation of relevant stakeholders. They are also responsible for developing environmental protection plans, and for appraisal and approval of social and environmental impact assessments. The Ministry of Agriculture and Rural Development (MARD), and the provincial Departments of Agriculture and Rural Development are responsible within their respective localities, are responsible for developing forest protection and development plans, ensuring the participation of relevant stakeholders. Provincial People’s Committees are responsible for the appraisal and approval of provincial land use plans. Forest Management Boards are responsible for developing site-level plans, ensuring the participation of relevant stakeholders.

 

[1] The Constitution of Viet Nam (2013), Article 28. See also: The Forest Protection and Development Law (2004), Articles 13 & 20; the Forestry Law (2017, effective 1 January 2019), Article 12; the Law on Biological Diversity (2008), Article 22; the Land Law (2013), Article 43; the Law on Environmental Protection (2014), Articles 21 & 146.

[2] Ordinance No. 34/2007/PL-UBTVQH11 dated 20 April 2007 on the Implementation of Democracy in Communes, Wards and Towns.

[3] The Land Law (2013), Article 43; Government Decree No. 43/2014/ND-CP.

[4] The Forest Development Strategy (2006-2020

[5] Forestry Master Plan (2011-2020)

[6] National Target Program on Sustainable Forest Development

[7] The Forest Protection and Development Law (2004), Article 13; the Forestry Law (2017) Article 10; Government Decree No. 23/2006/ND-CP; MARD Circular No. 05/2007/TT-BNN; MARD Circular No. 38/2014/TT-BNN, Articles 6 & 8; MARD Circular No. 56/1999/BNN-KL and MARD Circular No. 70/2007/TT-BNN.

[8] The Law on Environmental Protection (2014), Article 11; Decree No. 18/2015/ND-CP, Article 12.

[9] The Law on Promulgation of Normative Legal Documents (2015), Articles 57, 86, 97, 101 & 113.

[10] National Assembly Ordinance No. 34/2007/PL-UBTVQH11 on the exercise of democracy in communes, wards and townships.


One of the five principles guiding Viet Nam’s National REDD+ Programme aims at: ‘Ensuring the consistency of the State in steering, management and coordination; optimising the participation and monitoring of socio-political, professional associations, non-governmental organisations and communities, utilising mechanisms for effective international cooperation in the development and implementation of the REDD+ Programme’[1].

National guidelines[2] on the development of Provincial REDD+ Action Plans (PRAPs) also enshrine the principle of stakeholder participation in, stating that ‘the development of PRAP ensure the participation of relevant stakeholders, departments and sectors within such provinces’.

 

[1] NRAP 2017, Decision No 419/QD-TTg dated 5/4/2017.

Vietnamese version: http://vietnam-redd.org/Upload/Download/File/QD419_NRAP_2030_1923.pdf;

English version: http://vietnam-redd.org/Upload/CMS/Content/Library-GovernmentDocuments/419%20NRAP%202030%20En.pdf  

[2] MARD Decision No. 5414/2015/QD-BNN-TCLN.

Vietnamese: http://vietnam-redd.org/Upload/Download/File/5414_QĐ-BNN-TCLN_PRAP_guidelines_5755.pdf;

English: http://vietnam-redd.org/Upload/CMS/Content/Library-GovernmentDocuments/Decision%205414.PRAPguidelines.EN.pdf  


A number of mechanisms for stakeholder participation are relevant for the development and implementation of Viet Nam’s National REDD+ Programme[1]:

  • Free, prior, and informed consent (FPIC), which Viet Nam has adopted[2], is covered under Safeguard C2.2.2, and has been considered in the development of Viet Nam’s National REDD+ Programme﷟;
  • The national guidelines for Provincial REDD+ Action Plans (PRAPs) include specific guidance on the engagement of stakeholders in the various steps of the PRAP development process, including through the PRAP working group, consultation workshops, field visits to verify proposed REDD+ policies and measures, and the collection of comments on the proposed PRAP[3];
  • Information sharing and communication mechanisms (see Safeguard B1.1);
  • Benefit-sharing mechanism (see Safeguard B2.3).

In the case of the Forest Carbon Partnership Facility Emission Reductions (ER) Program in the North-Central Coast Region of Viet Nam, the program is built around the participatory adaptive collaborative management approach (ACMA. Stakeholder participation mechanisms outlined in the ER Program document[4] include:

  • Participatory design and implementation of field-based activities;
  • REDD+ Needs Assessments and Social Screening Reports at the forest management level, including consultations with local communities;
  • Community participation in preparation of management plans, including formal partnerships based on collaborative shared protection responsibilities and benefits;
  • Local level consultations to secure free, prior and informed consultation;
  • Elections in villages for representatives to meetings of the ACMA Entity;
  • Participation Specialist for supporting participatory processes for ACMA and benefit sharing plans.


[1] NRAP 2017, UNDRIP (2007).  

[2] NRAP 2017, Decision No 419/QD-TTg dated 5/4/2017.

Vietnamese version:

http://vietnam-redd.org/Upload/Download/File/QD419_NRAP_2030_1923.pdf;

English version: http://vietnam-redd.org/Upload/CMS/Content/Library-GovernmentDocuments/419%20NRAP%202030%20En.pdf

[3] MARD (2015) No. 5414/QD-BNN-TCLN Decision on Approving the guidelines on development of provincial action plans on reducing greenhouse gas emissions through efforts to reduce deforestation and forest degradation, sustainable forest management, and conservation and enhancement of forest carbon stocks (REDD+), 25 December 2015, MARD.

[4] Forest Carbon Partnership Facility (FCPF) Carbon Fund. Emission Reductions Program Document (ER-PD). Date of Submission: 5 January 2018


In the case of the Forest Carbon Partnership Facility Emission Reductions (ER) Program in the North-Central Coast Region of Viet Nam, stakeholder consultation processes and how stakeholder feedback was incorporated into the development of the Programme are set out in the ER Program Document of January 2018[1]. Stakeholders From household level up to national and international levels have been consulted in this process, through: village-level meetings; focus group discussion; more than 30 workshops at various levels; review/exchange of reports; participatory forest transects and natural resource assessments; interviews of key informants; a quantitative survey of over 3,000 households.

 

[1] Forest Carbon Partnership Facility (FCPF) Carbon Fund. Emission Reductions Program Document (ER-PD). Date of Submission: 5 January 2018