Improving regulations on forest reclassification and conversion of special-use forests into forests and protection forests

Abstract

The legal framework regarding the conversion of forest land use serves an important role in balancing the interests between environmental protection and socio-economic development. The conversion of forest land use can be attributed to two groups: forest reclassification and conversion of forest land use for other purposes. Given the decreasing forest land area, especially for protected and specialized forests, studying regulations concerning the conversion of forest land use becomes highly necessary. This article focuses on analyzing and evaluating the provisions in the Draft Land Law (amended) regarding (i) Cases of land use conversion, including the conversion of protected forests and specialized forests; (ii) Bases for permitting land use conversion; (iii) Conditions for permitting the conversion of protected forests and specialized forests. These contents are considered in relation to regulations on the conversion of forest land use for other purposes and regulations on forest type conversion in the Forestry Law. Based on practical implementation of forest type conversion laws and evaluation of legal enforcement, the article provides suggestions for the Draft Land Law (amended) and the Draft Decree on detailed regulations for implementing the Land Law regarding the conversion of special-use forests and protection forests. Additionally, the article also expresses the viewpoint on amending legal provisions to create uniformity in regulating the issue of land use conversion in forestry.