09/01/2018
Việt Nam is recognized as one of the countries that have high biodiversity in the world, with many types of natural ecosystems, organisms, rich and endemic genetic resources. The biodiversity in Việt Nam brings direct benefits to people and makes a great contribution to the economy, especially in agriculture, forestry and fisheries; it is the basis for ensuring national food security, maintaining genetic sources for breeding animals and plants… especially creating beautiful natural landscapes for the development of tourism. However, Việt Nam is facing the condition of environmental degradation and the decline of the ecosystems that influence the attractiveness of the tourism industry. In fact, there are many potential developmental activities that can cause pollution and environment degradation, the destruction of natural ecosystems and serious damage to biodiversity. Environmental Impact Assessment (EIA) is commonly used as an effective tool to prevent and mitigate these adverse impacts right from the stages of development project proposal and design. The proposed mitigation measures in the EIA are those that both aim at achieving project objectives and ensure the prevention or mitigation of negative impacts to an acceptable level, and to enhance environmental benefits. The purpose of mitigation in the assessment of impacts on biodiversity is to identify measures and options for the protection of biodiversity and associated ecosystem services, in which prevention is the priority, and (monetary) compensation is used as the last resort.
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| Project owners who are allocated with land or leased land for conversion of forest use purposes shall have to pay money to the Forest Protection and Development Fund to conduct the return and reimbursement of biodiversity. |
The conversion of forest use purposes, including natural forests, protection forests and production forests, for development activities in many cases is unavoidable to meet the needs of socio-economic development. Projects implemented at the site of converted forest land must comply with regulations on EIA, including the proposed mitigation measures; firstly, to avoid impacts on biodiversity by selecting and adjusting the design and increasing opportunities for biodiversity conservation when possible. If the impact cannot be avoided, it is necessary to determine the best feasible option to minimize the damage on biodiversity, to restore and improve the biodiversity at the affected sites.
Comply with the provisions of the Law on Environmental Protection in 2014 on the implementation of EIA for development projects, Decree No. 23/2006/ND-CP dated 3/3/2006 on the implementation of the Law on Forest Protection and Development of 2004 has a regulation on converting forest use purposes to non-forestry purposes as follows: “The agency that permits the conversion of forest purposes to other purposes must ensure the investment in new plantations to replace the area of forest that will be converted to other uses" (Clause 5, Article 29). This is the regulation on the application of measures to minimize the impacts on biodiversity through recovery of converted forest land area. However, attention has only been paid to the quantity (forest area) but not much to the quality which is the biodiversity value of the lost forest, thus not ensuring proper and adequate implementation of the principle of biodiversity conservation, especially not ensuring the principle of "no loss of real value" on the species composition, habitat structure, ecosystem functions, the use value, and cultural values related to biodiversity.
Biodiversity reimbursement has been applied in many countries in the world to compensate for the negative impacts on biodiversity after appropriate preventive and mitigation measures have been taken. Biodiversity reimbursement is a special form of loss compensation for ecosystems, species and habitats in one site by increasing biodiversity at the other site with similar ecological characteristics, providing the opportunity to achieve better conservation results and no loss of real value of biodiversity.
Law on Environmental Protection in 2014, Article 35 stipulates that biodiversity reimbursement is one of measures to protect natural resources and environment when exploiting and using natural resources and biodiversity. As expected, biodiversity reimbursement will be stipulated more specifically when amending the Law on Biodiversity 2008.
As a result, the Law on Forest Protection and Development (amended) needs considering, supplementing and adjusting some relevant provisions to comply with the provisions of the Law on Environment Protection in 2014, while meeting the current reality of the Law on Forest Protection and Development in Vietnam.
Some supplementary and revised proposals in the Law on Forest Protection and Development (amended)
Additional explanation on the concept of biodiversity reimbursement is considered the following definitions: Biodiversity reimbursement is a measure designed to compensate for the negative impacts on biodiversity due to the implementation of development projects after appropriate preventive and mitigation measures have been implemented, with the aim of achieving better conservation results and no loss in real value of biodiversity.
To amend and supplement the regulations on the conditions for converting the forest use purposes to other purposes, in which there is the condition of "Having an alternative forest plantation plan approved by the competent state agency" should be changed to "Having plan on return and reimbursement of forest biodiversity according to the law on environmental protection in the exploitation and use of natural resources and the relevant regulations on biodiversity”.
To supplement the provision on "Return and reimbursement of biodiversity upon the conversion of forest use purposes" with the stipulations that organizations, individuals or project owners that are allocated land or leased land for conversion of forest use purposes shall have to pay money to the equivalent provincial Forest Protection and Development Fund (PPFF) to conduct the return and reimbursement of biodiversity. Provincial People's Committee shall decide on the plan for return and reimbursement of biodiversity in the province. In the case where the province can not allocate the appropriate return and reimbursement of biodiversity in the province, they must transfer funds to the national Forest Protection and Development Fund (PPFF) for the implementation in other areas.
Dr. Lê Hoàng Lan
Vietnam Association for the Conservation of Nature and Enviroment
