Forestry and hunting

Forestry and hunting

TT INDUSTRY, SUB-SECTOR CONDITIONS RESTRICTING MARKET ACCESS LEGAL GROUNDS
13 Forestry and hunting

 

1. WTO

Uncommitted to natural forest survey, assessment and exploitation services including logging and hunting, trapping of rare and precious wildlife, aerial photography, seeding and chemical spraying services chemicals by aircraft, managing genetic funds of plants, animals and microorganisms used in agriculture.

2. CPTPP

Appendix NCM II-VN-30: Forestry and hunting products (excluding CPC 881):

Viet Nam reserves the right to adopt and maintain any measure relating to investments in forestry and hunting activities..

3. EVFTA:

a) Appendix 8-B: Not committed to the forestry sector

b) Appendix 8-C: (Vietnam’s exception on national treatment)

Vietnam may adopt or maintain any measure relating to the operation of an enterprise within the meaning of points 1€ and 1(m) of Article 8.2 (Definitions) that is inconsistent with paragraph 2 of Article 2. 8.5 (National Treatment), provided that the measure is not inconsistent with the commitments set out in Annex 8-B (Vietnam’s Schedule of Specific Commitments) to the forestry and hunting sectors and sub-sectors.

4. ACIA: Forestry Sector: National Treatment shall not apply to any measure related to investment in forestry activities, including but not limited to:

– No license to exploit natural forests for foreign investors

– Giving rights and obligations to foreign individuals and organizations is different from the rights and obligations of Vietnamese individuals and organizations.

5. Law of Vietnam:

Investment projects of foreign investors in the field of afforestation fall under the authority of the Prime Minister to approve investment policies according to the provisions of Article 31 of the Law on Investment 2020.

–    WTO, EVFTA, CPTPP, ACIA

–    Forestry Law  2017

–    Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing the implementation of a number of articles of the Forestry Law  

– Decree No. 83/2020/ND-CP dated July 15, 2020 of the Government amending and supplementing a number of articles of the Government’s Decree No. 156/2018/ND-CP dated November 16, 2018 detailing the implementation of a number of articles of the Forestry Law.