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Socialist Republic of Vietnam Forest Law Socialist Republic of Vietnam Forest Law Enforcement and Governance Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized The World Bank East Asia and Pacific Region Sustainable Development Department © 2010 The International Bank for Reconstruction and Development/The World Bank 1818 H Street, NW Washington, D.C. 20433 USA (202) 473-1000 Internet: www.worldbank.org All rights reserved This study was prepared by the Social, Environment and Rural Sustainable Development Unit (EASER) of the Sustainable Development Department of East Asia and Pacific Region of the World Bank with grant support from the European Union. This volume is a product of the staff of the International Bank for Reconstruction and Development/ The World Bank. The findings, interpretations, and conclusions expressed in this paper do not necessarily reflect the views of the Executive Directors of The World Bank, the governments they represent or the European Union. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The International Bank for Reconstruction and Development/ The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA, telephone 978-750-8400, fax 978-750-4470, http://www.copyright.com/. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA, fax 202-522- 2422, e-mail [email protected] Socialist Republic of Vietnam Forest Law Enforcement and Governance The World Bank East Asia and the Pacific Region Sustainable Development Department March 2010 Contents Abbreviations and Acronyms Executive Summary ................................................................................................................. i Chapter 1. An Overview of Forest Law in Vietnam ..................................... 1 1.1. Structure of Report ................................................................................................................................................................... 1 1.2 Elements of Forest Law Enforcement ................................................................................................................................. 2 1.3. Risk-based, Data-informed Approach ............................................................................................................................... 6 Chapter 2. Forest Laws and Policies .................................................................... 9 2.1. Overall Policy Directions ........................................................................................................................................................ 9 2.2. The Forestry Legislative Framework.............................................................................................................................. 10 2.3. Criminal Provisions of Vietnamese Forest Law .......................................................................................................... 11 2.4. Key Government Programs and Institutional Arrangements ............................................................................... 13 2.5. Institutional Arrangements ............................................................................................................................................... 14 2.6. The Five Million Hectares Reforestation Program (5MHRP) ................................................................................ 16 2.7. State Forest Enterprise Reforms ...................................................................................................................................... 17 2.8. The Harvest Quota Management System ..................................................................................................................... 17 2.9. Forest Land Re-classification ............................................................................................................................................. 22 2.10. National Wood Supply ....................................................................................................................................................... 23 2.11. Conclusion .............................................................................................................................................................................. 25 Chapter 3. Law Enforcement in the Forestry Sector ........................... 27 3.1 Government Forest Crime Incidence Data ..................................................................................................................... 27 3.2. Other Indicators of Forest Crime Levels ........................................................................................................................ 28 3.3. Current Enforcement Strategy ......................................................................................................................................... 28 Chapter 4. Assessment and Recommendations ............................................ 33 4.1. Re-balancing Prevention and Suppression .................................................................................................................. 33 4.2. Intelligence-based Enforcement to Replace Reaction ............................................................................................. 35 4.3. Tackling International Forest Crime .............................................................................................................................. 38 References ................................................................................................................................ 41 Boxes, Figures, and Tables Box 2.1. Inter-agency Cooperation Mechanisms .............................................................................................................. 14 Box 2.2. Wildlife Trade and the Law ..................................................................................................................................... 15 Figure 1.1. The Intelligence Cycle ......................................................................................................................................... 7 Figure 2.1. The Harvest Quota Management System ............................................................................................. 20 Figure 2.2. Demand, Overall Supply, and Supply from Domestic Plantations ........................................... 23 Figure 3.1. Number of Recorded Administrative and Criminal Forest Violation Cases by Year ....... 29 Figure 3.2. Criminal Prosecutions as a Proportion of Administrative and Criminal Cases .................. 29 Figure 3.3. Share of Agriculture and Forestland with Land Use Certificates 2002-2006 ...................... 32 Figure 3.4. Number of Households with Land Use Certificates for Agriculture and Forestland, 1998-2005 ......................................................................................................................................................................................... 32 Table 2.1. Direction of Incentives and Outcomes ......................................................................................................... 9 Table 2.2. Forest Crime Risks introduced by the Harvest Quota Management System ...................... 21 Table 2.3. Overview of 5 Forestry Programs of National Forest Development Strategy, 2006-2020 ................................................................................................................................................................................................................ 22 Table 2.4. Wood Imports from Five Wood-Exporting Countries ......................................................................... 25 Table 3.1. Recorded Causes of Forest Loss ................................................................................................................ 28 Table 3.2. Assessment of Forest Crime Prevention, Detection and Suppression Performance in Vietnam .............................................................................................................................................................................................. 31 Abbreviations and Acronyms 5MHRP Five Million Hectares Reforestation Program CITES Convention on International Trade in Endangered Species of Wild Flora and Fauna CPV Communist Party of Vietnam DARD Department for Agriculture and Rural Development DDR Due Diligence Regulation - DDR FLEG Forest Law Enforcement and Governance FLEGT Forest Law Enforcement Governance and Trade FMB Forest Management Board FPD Forest Protection Department FSC Forest Stewardship Council GIS Geographical Information System LURC Land Use Right Certificate MARD Ministry of Agriculture and Rural Development MONRE Ministry of
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