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FGM Workshop Background Paper - REDD - VietNam

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Forest Governance<br />

Monitoring in Viet Nam<br />

<strong>Background</strong> <strong>Paper</strong><br />

( Final)<br />

Dr. Le Khac Coi<br />

December, , 2011


TABLE OF CONTENTS<br />

PAGE<br />

LIST OF TABLES 4<br />

LIST OF FIGURES 5<br />

LIST OF BOXES 6<br />

ACRONYMS AND ABBRIVIATIONS 7<br />

ACKNOWLEDGEMENT 8<br />

Chapter 1: INTRODUCTION 9<br />

1.1. <strong>Background</strong> and context 9<br />

1.2. Method of preparation of the background paper for the workshop 10<br />

Chapter 2: RATIONALE FOR STRENTHENING <strong>FGM</strong> IN VIETNAM 12<br />

2.1. What is Forest Governance? 12<br />

2.2. Why strengthen forest governance? 16<br />

2.3. Why monitor forest governance? 18<br />

2.4. Principles of effective forest governance monitoring 20<br />

Transparency: 20<br />

Accountability: 21<br />

Effectiveness: 21<br />

Participation : 21<br />

Fairness 22<br />

Efficiency: 22<br />

Chapter 3: FOREST GOVERNANCE MONITORING IN VIETNAM –<br />

MAIN FINDINGS 25<br />

3.1. Vietnam policy, legal, institutional and regulatory framework:<br />

introduction 25<br />

3.2. Sustainable Forest Management and Development 27<br />

3.2.1. Forestry land and 3 types of forest 28<br />

3.2.2. Forest and forest land rental and allocation 29<br />

3.2.3. State forest enterprise restructuring 31<br />

3.2.4. Timber harvesting from natural forests 34<br />

3.2.5. Forest conversion into rubber plantation and other purposes 34<br />

3.2.6. Beneficiary policy 35<br />

3.3. Program of Forest protection and conservation, PES and Forest<br />

Finance 37<br />

3.3.1. Forest Protection 38<br />

3.3.2. Handling of violations related to forest 39<br />

3.3.3. Forest fire prevention and fire fighting 41<br />

3.3.4. Protection forests and special-use forests 42<br />

3.3.5. Forest environmental services 43<br />

3.3.6. Forestry finance 44<br />

3.4. Program “Forest Products Processing and Trade” 46<br />

3.5. Planning and decision-making processes 47<br />

3.5.1. Forest governance cycle 47<br />

3.5.2. Planning and decision making process 48<br />

3.5.3. Planning and decision making at provincial and local level 49<br />

3.6. Implementation, enforcement and compliance 51<br />

2


3.6.1. Implementation, enforcement and compliance at national level 51<br />

3.6.2. Finance at provincial and local level 52<br />

3.6.3. Forest land management and allocation at provincial and local<br />

level 54<br />

3.6.4. Coherence and cooperation at local and provincial level 56<br />

3.6.5. Staff capacities at provincial and district level 57<br />

3.7. Main initiatives relevant to <strong>FGM</strong> in Vietnam 58<br />

3.7. 1. FLEGT and VPA 58<br />

3.7.2. <strong>REDD</strong>+ 59<br />

Chapter 4: <strong>FGM</strong> ASSESSED BY 3 PILLARS AND 6 PRINCIPLES –<br />

MAIN FINDINGS<br />

61<br />

Chapter 5: STRENGTHENING FOREST GOVERNANCE MONITORING<br />

IN VIETNAM 66<br />

5.1. <strong>FGM</strong> is new for Vietnam 66<br />

5.2. Current indicator systems for Vietnam forest sector 66<br />

5.2.1. Indicators of the General Statistics Office (GSO) 66<br />

5.2.2. Indicator system of MARD 66<br />

5.2.3. Indicator system to monitor implementation of Vietnam Forestry<br />

Development Strategy 2006-2010 of VNFOREST, MARD 67<br />

5.3. Strengthening <strong>FGM</strong> in Vietnam – a set of proposed indicators 71<br />

5.4. Next steps proposed for strengthening <strong>FGM</strong> in Vietnam 87<br />

Chapter 6: CONCLUSION 89<br />

LITERATURE 92<br />

ANNEX 01: LIST OF PEOPLE RECEIVED <strong>FGM</strong> FAO FRAMEWORK<br />

WITH 13 COMPONENTS AND 77 SUB-COMPONENTS 93<br />

ANNEX 02: LIST OF PEOPLE DIRECTLY INTERVIEWED 95<br />

ANNEX 03: LIST OF THE INTERVIEWEES AND ORGANIZATIONS AT<br />

PROVINCIAL LEVEL 96<br />

3


LIST OF TABBLES<br />

PAGE<br />

Table 01: Overall assessment by 6 principles 65<br />

Table 02: 18 indicators of MARD for the forest sector 66<br />

Table 03: List of 72 forest-sector indicators (FOMIS) 68<br />

Table 04: Indicators proposed for strengthening <strong>FGM</strong> in Viet Nam 73<br />

4


LIST OF FIGURES<br />

PAGE<br />

Figure 01: Relationship between forest governance and forest/SFM 14<br />

Figure 02: Pillars and Principles of Forest Governance. 15<br />

Figure 03: The roots and fruits of forest governance (adapted from:<br />

World Bank, 2009) 17<br />

Figure 04: Relationship between forest governance and Viet Nam<br />

forestry development strategy and emerging issues. 26<br />

Figure 05: Forest governance cycle 47<br />

Figure 06: Forest Governance Monitoring – Assessed by Score Rating 62<br />

Figure 07: Forest Governance Monitoring – Assessed by the 6<br />

Principles 62<br />

Figure 08: Pillar 1 “Policy, legal, institutional and regulatory framework” –<br />

Assessed by 6 principles 63<br />

Figure 09: Pillar 2 “Planning and decision making process” – Assessed<br />

by 6 principles 64<br />

Figure 10: Pillar 3 “Implementation, enforcement and compliance” –<br />

Assessed by 6 principles 64<br />

Figure 11: A framework for forest governance monitoring design 87<br />

5


LIST OF BOXES<br />

PAGE<br />

Box 01: Objectives of Viet Nam Forestry Development Strategy 2006-<br />

2020: 11<br />

Box 02: COFO about forest governance 12<br />

Box 03: Sustainable development definition 15<br />

Box 04: Seven key components of sustainable forest management<br />

(SFM): 16<br />

Box 05: Safeguards for <strong>REDD</strong>+ 18<br />

Box 06: The Power of Measuring Results 18<br />

Box 07: <strong>REDD</strong>+ and forest monitoring 20<br />

Box 08: Key success factors for improving and sustaining <strong>FGM</strong> 24<br />

Box 09: Tasks of Program “Sustainable Forest Management and<br />

Development” 27<br />

Box 10: Main legal regulations on forest and forest land 28<br />

Box 11: Forest and forest land rental and allocation 31 December 2009 29<br />

Box 12: Results of state forest enterprise restructuring 31<br />

Box 13: Status of timber harvesting from natural forest 34<br />

Box 14: Forest conversion into rubber plantation 34<br />

Box 15: Tasks of Program of Forest protection and conservation, PES 37<br />

Box 16: Forest protection system 38<br />

Box 17: Violations related to forest 39<br />

Box 18: Status on forest fire 41<br />

Box 19: Protection and special-use forest 42<br />

Box 20: Status of forest environmental service 43<br />

Box 21: Status of forestry finance 44<br />

Box 22: Tasks of Program “Forest Products Processing and Trade” 46<br />

Box 23: Status of legal regulation for timber processing and trade 46<br />

Box 24: Status of FLEFT and VPA in Viet Nam 58<br />

Box 25: Status of <strong>REDD</strong> in Viet Nam 59<br />

Box 26: Score rating 61<br />

6


ACRONYMS AND ABBRIVIATIONS<br />

COFO Committee on Forestry<br />

CoIST Centre of Information Technology and Statistics<br />

Provincial Department of Agriculture and Rural<br />

DARD Development<br />

DoF Department of Forestry<br />

DoFD Department of Forest Development<br />

DoFU Department of Forest Utilization<br />

DoPF Department of Provincial Finance<br />

DoST Department of Science & Technology<br />

EU European Union<br />

FAO Food and Agricultural Organization<br />

FBM Forest bio-physical monitoring<br />

FFPD Provincial fund for forest protection and development<br />

FG Forest governance<br />

<strong>FGM</strong> Forest governance monitoring<br />

FIPI Forest Inventory & Planning Institute<br />

FIS District Forest Inspection Section<br />

FLEG Forest law enforcement and governance<br />

FLEGT Forest law enforcement, governance and trade<br />

FM Forest monitoring<br />

FPD Forest protection department<br />

FRA Forest resources assessment<br />

FSC Forest Stewardship Council<br />

FSEM Forest socio-economic monitoring<br />

HRD Human Resource Department<br />

JEM Joint expert meeting<br />

MARD Ministry of Agriculture and Rural Development<br />

NC National Customs<br />

NFMA National forest monitoring assessment<br />

NGO Non-governmental organization<br />

NTFP Non-timber forest product<br />

PDoF Provincial Department of Finance<br />

PEFC Programme for the Endorsement of Forest Certification<br />

PFPD Provincial FPD<br />

PPC Provincial People Committee<br />

QPPL Legal regulation<br />

Reduction of emission from forest degradation and<br />

<strong>REDD</strong> deforestation<br />

SFM Sustainable forest management<br />

SOM Senior officer meeting<br />

TWG Technical working group<br />

UN<strong>REDD</strong><br />

VFDS Vietnam Forestry Development Strategy 2006-2020<br />

VNFOREST Vietnam Forest Administration<br />

VPA Voluntary Participation Agreement<br />

7


ACKNOWLEDGEMENT<br />

This document on forest governance monitoring in Vietnam has benefitted from the<br />

contributions and insights of several organizations and persons which is gratefully<br />

acknowledged by the authors.<br />

First of all, special high appreciation is to Tran Huu Nghi, Arend Jan van Bodegom,<br />

and Savenije Herman, because the background paper could not be completed<br />

without their valuable contributions.<br />

My sincere thanks goes to Dr. Nguyen Ba Ngai, Nguyen Huu Dung, Cao Chi Cong,<br />

Nguyen Tuong Van, Dr. Nguyen Nghia Bien, Doan Diem, Nguyen Ton Quyen,<br />

Huynh Thach, Vu Long, To Dinh Mai, Pham Minh Thoa, Dr. Pham Xuan Phuong,<br />

and Dr. To Xuan Phuc for their patience in answering demanding and complex<br />

questions from the national consultant.<br />

Many thanks also to Vu Thanh Nam, Le Cong Uan, Dr. Ho Van Cu, Tran Le Huy, To<br />

Manh Tien, and Huynh Thach for their patient assessment of Viet Nam <strong>FGM</strong> against<br />

the FAO <strong>FGM</strong> framework consisting of 13 components and 77 sub-components.<br />

I am extremely grateful to Lauri Vesa; Rametsteiner, Ewald; Akiko Inoguchi;<br />

Leppanen, Mikko; Cheney, Emelyne; Ho Manh Tuong; Dr. Nguyen Phu Hung; and<br />

Tore Langhelle.<br />

I gratefully acknowledge numerous other colleagues who provided valuable inputs to<br />

the development of this document, especially Stephanie Lackey for English language<br />

edit for the document.<br />

8


1.1 <strong>Background</strong> and context<br />

Chapter 1: INTRODUCTION<br />

Due to the increasing recognition of the importance of forest governance quality on<br />

progress towards SFM, FLEGT and the reduction of deforestation and forest<br />

degradation (<strong>REDD</strong>+), increasingly many efforts are taken to monitor and report<br />

forest governance and governance quality. Several initiatives and different<br />

methodologies exist for monitoring and reporting forest governance, including those<br />

related to Forest Law Enforcement and Governance (FLEG), reporting based on<br />

SFM criteria and indicators and on international agreements, as well as those of the<br />

World Bank. Recently, the <strong>REDD</strong> negotiations under the UN Framework Convention<br />

on Climate Change have agreed on safeguards, initiative of EU FLEGT VPA, and<br />

timber supply chain policy of different governments that relate to forest governance,<br />

further increasing the need for monitoring. However, perhaps most importantly,<br />

forest governance monitoring systems at the country level need to meet national<br />

monitoring needs in order to be relevant. This means that monitoring of forest<br />

governance should be most of all useful to better fulfill national and local priorities for<br />

forest management. Any forest governance monitoring that is established by<br />

countries needs to be feasible, cost-effective, reliable (verifiable), allow reliable<br />

measurement of change over time, and fulfill international reporting requirements.<br />

To meet these goals, Government of Vietnam (MARD) has requested the assistance<br />

of FAO to help integrate forest governance monitoring into national-forest related<br />

monitoring systems. The work on forest governance monitoring is undertaken in the<br />

context of the FAO/Finland 1 work on a National Forest Assessment (NFA) system.<br />

To this end, FAO is providing support through the services of a national consultant<br />

and international technical consultants.<br />

As a first step, from June to October 2011, the national consultant carried out a<br />

scoping study in collaboration with and with inputs from several organizations of the<br />

Vietnamese Government and other stakeholders. The aim of the study – that has<br />

been based on review of relevant documentation and stakeholder interviews - was to<br />

inventory and assess the present status of <strong>FGM</strong> and propose steps to develop a<br />

preliminary proposal for strengthening FG monitoring. The results of the study are<br />

laid down in the present draft report. The report will serve as the background<br />

document for the multi-stakeholder consultation workshop on 5-7 December 2011,<br />

where the results, key issues and main questions and proposals of the report will be<br />

evaluated as a basis to provide concrete, practical recommendations for next steps<br />

to take.<br />

The background paper consists of 6 chapters:<br />

• <strong>Background</strong>;<br />

• Rationale for strengthening forest governance monitoring in Viet Nam;<br />

• Forest governance monitoring in Viet Nam – Maim findings;<br />

1 FAO Finland Forestry Programme: “Strengthening Forest Resources Management and Enhancing its<br />

Contribution to Sustainable Development, Land use and Livelihoods”<br />

9


• Forest governance monitoring in Viet Nam assessed by 3 pillars and 6<br />

principles;<br />

• Strengthening forest governance monitoring in Viet Nam;<br />

• Conclusion.<br />

1.2. Method of preparation of the background paper for the workshop<br />

Forest governance is a broad concept and a complex issue to monitor. Moreover in<br />

the Vietnamese context – like in many other countries- the term forest governance is<br />

relatively new term that is not readily understood by everybody as to what it means,<br />

what it entails, and in which it differs from (or relates to) forest monitoring (see<br />

chapter 2). Moreover emerging international frameworks like one mentioned in the<br />

program on forests (PROFOR) Food and Agricultural Organization of United nations Rome, 2011 that is<br />

elaborated into 3 pillars, 6 principles, 13 components and 77 sub-components, - if<br />

untailored - appear to be too generic and too difficult for their immediate application<br />

in the context of countries like Vietnam; this proofed to be particularly so at the level<br />

of components and sub components. 2<br />

In the context of Viet Nam the Viet Nam Forestry Development Strategy 2006-2020<br />

is the main policy programme for forest (see Box 01). In other words, – and in line<br />

with the opinion of the persons interviewed - the governance to implement the 5<br />

programs of the strategy and their targets should be the focus and starting point of<br />

forest governance monitoring.<br />

Because of explanations above the documentation analysis and interviews, were<br />

conducted in the context of the following two relations:<br />

• Firstly, the relation between <strong>FGM</strong> on one side and implementation of the 5<br />

programs of Vietnam Forestry Development Strategy 2006-2020 and their<br />

targets, on the other side. In current circumstances this, perhaps, is an<br />

appropriate way to get the background paper for the workshop, because by<br />

this way the paper can bring what the workshop participants are familiar with,<br />

interested in and confident to join discussions.<br />

• Secondly, <strong>FGM</strong> is assessed through documentation analysis and interviews in<br />

the context of the FAO <strong>FGM</strong> framework, but only of the 3 pillars and 6<br />

principles and not 13 components and 77 sub-components.<br />

Recently, Vietnam achieved some very important results in forest sector, especially<br />

in increase of forest cover, forest products export and poverty reduction in<br />

mountainous areas. The way in which forest governance is taking place in Vietnam,<br />

no doubt, has provided considerable contributions to those achievements, also<br />

2 This is illustrated by the experience of the national consultant at the earlier stages of this study. Initially, the<br />

national consultant tried to use 13 components and 77 sub-components of the FAO/PROFOR framework, to<br />

assess <strong>FGM</strong> in Vietnam. The consultant sent the framework to 46 people (including 32 from domestic<br />

organizations and 14 from international organizations) requesting them to assess <strong>FGM</strong> in Vietnam accordingly to<br />

13 components and 77 sub-components of the framework. Opinion of majority of the requested was that it is too<br />

difficult to assess <strong>FGM</strong> in Vietnam by using the 13 components and 77 sub-components of the framework. And<br />

the consultant is in the similar view. In fact, it is too difficult to classify what is being done in Vietnam, in terms of<br />

<strong>FGM</strong>, into 13 components and 77 sub-components of the “FAO framework for assessing and monitoring forest<br />

governance”. Until time when the consultant started writing the background paper, only 6 assessments in the<br />

mentioned way were received. As explained by the respondents the main reason of the difficulties is the<br />

components and sub-components of the FAO framework are still general.<br />

10


providing valuable experiences for the development of forest governance and its<br />

monitoring. This report will focus on finding the issues to be addressed - not for<br />

criticism but rather for opportunities - to advance the forest governance towards<br />

sustainably managed forests and sustainable development of Vietnam forestry. The<br />

documentation analysis and the discussions with the key organizations and persons<br />

in this field during preparation of this report therefore were conducted following this<br />

way.<br />

Due to the complexities of “forest governance monitoring” and time and resources<br />

constraints, , the background paper must be seen as “work in progress” and as a<br />

growth document to improve on step by step. It surely contains certain shortcomings<br />

for which the authors expect to get and appreciate every input from colleagues to<br />

address them.<br />

Box 01: Objectives of Viet Nam Forestry Development Strategy 2006-2020:<br />

a) To sustainably establish, manage, protect, develop and use 16.24 million ha<br />

of land planned for forestry;<br />

b) To increase the ratio of forested land with forest up to 42 – 43% by the year<br />

2010 and 47% by 2020;<br />

c) To ensure a wider participation from various economic sectors and<br />

social organizations in forest development, and to increase their<br />

contributions to socioeconomic development, environmental protection,<br />

biodiversity conservation and environmental services supply, in order to reduce<br />

poverty and improve the livelihoods of rural mountainous people, and to<br />

contribute to national defense and security.<br />

11


Chapter 2: RATIONALE FOR STRENTHENING <strong>FGM</strong><br />

2.1. What is Forest Governance?<br />

IN VIETNAM<br />

Box 02: COFO about forest governance<br />

“It is now broadly understood that good governance in the forest sector is vital<br />

for achieving sustainable forest management. Furthermore, realizing the full<br />

potential of forests to contribute to reducing poverty can only be achieved if the<br />

forest sector is governed in such a way that it ensures poor people’s access to<br />

and benefits from forest resources. However, forest governance means different<br />

things to different people and there is no internationally agreed definition.<br />

Originally, the term was understood as being almost synonymous with<br />

government or the way the government was ruling. With changing vision of the<br />

role and responsibilities of governments, a broader vision of governance has<br />

evolved, which takes into consideration the new roles of civil society and the<br />

private sector. It involves multiple actors and multiple levels (local, national and<br />

international) and acknowledges that different stakeholders have different views,<br />

values and interests. Improving forest governance to move forward towards<br />

sustainable forest management therefore is a complex endeavor involving the<br />

active participation of a range of stakeholders, not just forestry administrations.”<br />

COFO/2010/6.2<br />

Forest governance is a generic term for describing the way in which people and<br />

organizations rule and regulate forests. This relates to how they allocate and secure<br />

access to, rights over and benefits from forests, including the planning, monitoring<br />

and control of their use, management and conservation. Important aspects include a<br />

coherent set of laws and regulations, both within the forest sector and in other<br />

sectors that influence forest management;<br />

1. the coherent implementation of these laws;<br />

2. the decision making processes about rules, laws and regulations<br />

3. clear mandates of, and arrangements between different stakeholders (various<br />

units and levels of the government, NGO, community organizations business<br />

sector, etc.), and<br />

4. staff capable of executing the tasks that have been assigned to them.<br />

Relation between forest governance and forest/SFM is described in figure 01. Forest<br />

governance, by nature, is to make influence in order to achieve expected results on<br />

(i) extent of forest resources; (ii) forest biological diversity; (iii) forest health and<br />

vitality, (iv) production functions of forest resources; (v) protective functions of forest<br />

resources, (vi) socio-economic functions of forest resources through action programs<br />

and legal, policy and institutional arrangements (vii).<br />

Forest governance monitoring is one of the components of forest-related monitoring<br />

system including (i) forest bio-physical monitoring, (ii) forest socio-economic<br />

monitoring, and (iii) forest governance monitoring.<br />

12


The term Forest Governance also emerged in response to a changing vision of the<br />

roles and responsibilities of the government vis-à-vis other stakeholders: from the<br />

‘old’ style of governance – the government is steering – to a new situation (or<br />

conceptual understanding) in which several actors are co-steering. In this vision the<br />

government does not bear sole responsibility for the governance situation, but every<br />

actor is meant to play a role and assume specific responsibilities. Important aspects<br />

of this new situation are its multi-actor, multi-level (national, international, and local)<br />

and multi-meaning nature, recognizing that different stakeholders may embrace<br />

different values, interests and world views. The term Forest governance is to a large<br />

extent non-normative. See also the COFO description of forest governance in box 1.<br />

The concept of forest governance is being used by many institutions, each<br />

emphasizing certain aspects. But in general there is broad agreement on what forest<br />

governance relates to 3 .<br />

Good Forest Governance is following a different approach: it is normative and it is<br />

about quality. Important principles often mentioned in relation to ‘Good Governance’<br />

include: participation (stakeholder engagement), fairness, decency, accountability,<br />

transparency, efficiency, equity and sustainability 4 . They are supposed to be<br />

universally applicable, as they are based on the Universal Declaration of Human<br />

Rights. However, there is always debate on what principles have to be included and<br />

what exactly is meant by them. The interpretation of such principles is value-laden<br />

and debatable. Different stakeholders may have different perspectives, interests and<br />

interpretations of what good forest governance means to them and how it should be<br />

operationalized. It is also possible that stakeholders may agree that a certain<br />

concrete issue is part of forest governance, but they may disagree about the<br />

question under which principle the issue should be categorized.<br />

3 For an extensive discussion on forest governance, good governance and good enough governance see Van<br />

Bodegom, A.J., D. Klaver, F van Schoubroeck and O. van der Valk, 2008. FLEGT beyond T: exploring the<br />

meaning of ‘Governance’concepts for the FLEGT process. Wageningen UR, The Netherlands<br />

http://www.cdi.wur.nl/UK/resources/Publications/<br />

4 ODI, 2006. Governance, development and aid effectiveness: a quick guide to complex relationships. Briefing<br />

paper March 2006. 4pp.<br />

13


FOREST<br />

GOVERNANCE<br />

Vietnam Forestry<br />

Development Strategy 2006-<br />

2020 (5 programs)<br />

FSEM<br />

FBM<br />

<strong>FGM</strong><br />

FOREST/SFM<br />

(1) Extent of forest resources<br />

(2) Biological diversity<br />

(3) Forest health and vitality<br />

(4) Productive functions of forest<br />

resources<br />

(5) Protective functions of forest<br />

resources<br />

(6) Socio-economic functions<br />

(7) Legal, policy and institutional<br />

framework<br />

<strong>FGM</strong>: Forest Governance monitoring<br />

FBM: Forest bio-physical monitoring<br />

FSEM: Forest socio-economic monitoring<br />

SFM: Sustainable Forest Management<br />

Figure 01: Relationship between forest governance and forest/SFM<br />

A joint initiative between UN<strong>REDD</strong>/Chatham House and the World Bank is underway<br />

to formulate together with international experts indicators for (Good) Forest<br />

Governance. The resulting indicators are grouped into three pillars: (1) policy, legal,<br />

institutional and regulatory frameworks, (2) decision-making processes; and (3)<br />

implementation, enforcement and compliance. 5<br />

5 Capistrano, D., 2010. Forest Governance Indicator Development: Early Lessons and Proposed Indicators for Country <br />

Assessments. FAO, 34 pp. <br />

14


In each of these pillars the following principles have to be applied: transparency,<br />

accountability, effectiveness, participation, fairness and efficiency. See figure 02. We<br />

will take the three pillars and six principles as a starting point for discussions on what<br />

(good) forest governance in a country could mean.<br />

Box 03: Sustainable development definition<br />

"Sustainable development is development that meets the needs of the present<br />

without compromising the ability of future generations to meet their own needs".<br />

World Commission on the Environment and Development.<br />

FOREST GOVERNANCE<br />

Transparency<br />

Accountability<br />

Effectiveness<br />

Participation<br />

Fairness/Equity<br />

Efficiency<br />

Policy, legal, institutional<br />

and regulatory framework<br />

Planning & decision making<br />

process<br />

Implementation, Enforcement<br />

and compliance<br />

Figure 02: Pillars and Principles of Forest Governance.<br />

Box 04: Seven key components of sustainable forest management (SFM):<br />

1) Extent of forest resources;<br />

2) Biological diversity;<br />

3) Forest health and vitality;<br />

4) Productive functions of forest resources;<br />

5) Protective functions of forest resources;<br />

15


6) Socio-economic functions;<br />

7) Legal, policy and institutional framework.<br />

United Nations Forum on Forestry (UNFF)<br />

2.2. Why strengthen forest governance?<br />

Before ourselves asking the question: why monitor forest governance, we need to<br />

ask ourselves: why enhance forest governance? We may approach this question<br />

from two angles: a) assessing the costs of bad governance and b) assessing the<br />

benefits of good governance.<br />

Inadequate forest governance has often contributed to the following interrelated<br />

costs 6 :<br />

• Environmental impacts resulting in deforestation, forest degradation and<br />

biodiversity loss and loss of environmental services such as clean water and<br />

carbon sequestration;<br />

• Economic impacts caused by poor governance and corruption which distort<br />

forest economies. This may lead to unfair competition between legal and<br />

illegal forest practices and it may lead to loss of revenues for the state and<br />

other stakeholders. Areas with poor governance will pose risks that<br />

discourage investors (so lack of trust). Also, the forest sector may get a bad<br />

reputation, which affects the investment climate.<br />

• Poverty reduction and social impacts caused by poor governance that harms<br />

forest-dependent communities. Livelihoods of indigenous people and the rural<br />

poor may be threatened through unclear and insecure land tenure and other<br />

property rights, lack of adherence to rule of law, and excessive discretionary<br />

authority.<br />

6 See: World Bank, 2009. Roots for Good Forest Outcomes: An Analytical Framework for Governance reform.<br />

Report No. 49572-GLB. 47 pp.<br />

16


Figure 03: The Roots and fruits of forest governance (adapted from: World Bank,<br />

2009)<br />

In most countries the situation in and around forests is rapidly changing and has<br />

become increasingly dynamic and complex. An increasing number of – often<br />

competing – claims and uses is exerted on the country’s forests by a growing range<br />

of actors, each with their specific needs, interests and powers. So there is a need to<br />

tackle this complex situation.<br />

The promotion of forest governance can bring about many benefits or fruits. Good<br />

forest governance makes it possible to optimize the production of goods and<br />

services from the forest. See figure 03.<br />

Important fruits of forest governance may include profit from new opportunities<br />

created by internationally driven processes. These may generate additional forest<br />

revenues through penetration to international timber markets (in the case of FLEGT)<br />

or international payments for forest carbon capture, storage and avoided emissions<br />

(in the case of <strong>REDD</strong>+). For these processes durable results at a national level like<br />

17


‘legally produced timber’ and ‘decreased deforestation’ will be important selling<br />

points and requirements. Such results can only be realized and ensured in the longer<br />

term if an adequate forest governance system is in place. In the case of <strong>REDD</strong>+ the<br />

in 2010 formulated ‘safeguards’ (see box 05) can be considered governance<br />

aspects.<br />

Box 05: Safeguards for <strong>REDD</strong>+<br />

When undertaking <strong>REDD</strong>+ activities, the following safeguards should be<br />

promoted and supported:<br />

“(a) Actions complement or are consistent with the objectives of national forest<br />

programmes and relevant international conventions and agreements;<br />

(b) Transparent and effective national forest governance structures, taking into<br />

account national legislation and sovereignty;<br />

(c) Respect for the knowledge and rights of indigenous peoples and members of<br />

local communities, by taking into account relevant international obligations,<br />

national circumstances and laws, and noting that the United Nations General<br />

Assembly has adopted the United Nations Declaration on the Rights of<br />

Indigenous Peoples;<br />

(d) The full and effective participation of relevant stakeholders, in particular,<br />

indigenous peoples and local communities, in actions referred to in paragraphs<br />

70 and 72 of this decision;<br />

(e) Actions are consistent with the conservation of natural forests and biological<br />

diversity, ensuring that actions referred to in paragraph 70 of this decision are<br />

not used for the conversion of natural forests, but are instead used to incentivize<br />

the protection and conservation of natural forests and their ecosystem services,<br />

and to enhance other social and environmental benefits;<br />

(f) Actions to address the risks of reversals;<br />

(g) Actions to reduce displacement of emissions. “<br />

Source: Annex I from draft decision -/CP.16, LCA, Cancun 2010<br />

2.3. Why monitor forest governance?<br />

Box 06: The Power of Measuring Results<br />

• If you do not measure results, you cannot tell success from failure<br />

• If you cannot see success, you cannot reward it<br />

• If you cannot reward success, you are probably rewarding failure<br />

• If you cannot see success, you cannot learn from it<br />

• If you cannot recognize failure, you cannot correct it<br />

• If you can demonstrate results, you can win public support<br />

(Source: Kusek & Rist, 2004 7 )<br />

Promoting forest governance may be good, but why should one engage in<br />

monitoring such governance? Would it not be better to spend funds in a more useful<br />

7 Kusek, J., and Rist, R., 2004, 'Ten Steps to a Results-based Monitoring and Evaluation System', World Bank,<br />

Washington, D.C. 268 pp. http://www.oecd.org/dataoecd/23/27/35281194.pdf<br />

18


way, for example on the actual improvement of governance directly? To these<br />

questions several answers are possible, which are basically an elaboration of box 3:<br />

Monitoring improves performance of the forest sector:<br />

Strategic management: Monitoring helps to check whether policies are on the<br />

right track, by providing crucial information over time on status and progress to<br />

inform the definition and adjustment of shared goals, objectives, strategies and<br />

outcomes that are important to the stakeholders. Monitoring supports a<br />

development agenda that is working towards greater accountability of the<br />

governance system. Governance monitoring can help to clarify and improve the<br />

roles and performance of various stakeholders in the sector and the relations<br />

between them. Up to date information can create an overview, needed<br />

particularly in a situation characterized by increasing complexity. Monitoring can<br />

help answer vital questions like: does the governance in the sector advance in<br />

the direction that was originally envisaged? Monitoring also helps with adaptive<br />

management in situations where changes need to be made to meet new<br />

demands/priorities, new weaknesses/vulnerabilities need to be addressed, and<br />

emerging new strengths could be built on.<br />

Operational management/Implementation: Monitoring helps to improve<br />

operations. It provides information needed for co-ordinating human, financial and<br />

physical resources committed to different programmes and projects across and<br />

within organizations and sectors, for improving coordination, collaboration and<br />

performance in the forest sector, and for targeting particular geographic and/or<br />

programmatic areas to enhance effectiveness of investments.<br />

Monitoring improves reputation and credibility towards the general public,<br />

investors and the international community: Monitoring provides a basis for<br />

demonstrating to taxpayers, beneficiaries and partners that expenditure, actions<br />

and results are as agreed or could reasonably be expected in the situation. This<br />

transparency helps to build legitimacy, or the “social license to operate”, which in<br />

turn reduces investment risks. Reduced risk improves the investment climate. For<br />

international processes (e.g. <strong>REDD</strong>+ and FLEGT) monitoring of forest<br />

governance is a tool for creating evidence that forest governance is indeed<br />

improving at an acceptable level. The rationale here is that (a) better forest<br />

governance is needed to effectively decrease deforestation (see figure 1 on ‘roots<br />

and fruits’); (b) reduction of deforestation cannot be pursued at all social costs,<br />

hence certain safeguards are needed (see box 2). In the <strong>REDD</strong>+ process<br />

governance monitoring is therefore a requirement (see box 4).<br />

Monitoring improves visibility to other departments within government and<br />

other economic sectors: A governance monitoring system helps to build trust<br />

between stakeholders in the sector and improve the image of the sector towards<br />

the outside world. But it can also demonstrate that the forest sector is important<br />

in the country and contributes to sustainable development of the country.<br />

19


Box 07: <strong>REDD</strong>+ and forest monitoring<br />

Paragraph 71 from draft decision -/CP.16, LCA, Cancun 2010:<br />

71. Requests developing country Parties aiming to undertake activities …., in the<br />

context of the provision of adequate and predictable support, including financial<br />

resources and technical and technological support to developing country Parties,<br />

in accordance with national circumstances and respective capabilities, to<br />

develop the following elements:<br />

(a) A national strategy or action plan;<br />

(b) A national forest reference emission level and/or forest reference level or, if<br />

appropriate, as an interim measure, sub-national forest reference emission<br />

levels and/or forest reference levels, in accordance with national circumstances,<br />

and with provisions contained in decision 4/CP.15, and with any further<br />

elaboration of those provisions adopted by the Conference of the Parties;<br />

(c) A robust and transparent national forest monitoring system for the monitoring<br />

and reporting of the activities referred to in paragraph 70 above, with, if<br />

appropriate, sub-national monitoring and reporting as an interim measure, in<br />

accordance with national circumstances, and with the provisions contained in<br />

decision 4/CP.15, and with any further elaboration of those provisions agreed by<br />

the Conference of the Parties;<br />

(d) A system for providing information on how the safeguards referred to in<br />

annex I to this decision are being addressed and respected throughout the<br />

implementation of the activities referred to in paragraph 70, while respecting<br />

sovereignty.<br />

2.4. Principles of effective forest governance monitoring<br />

The principles of Forest Governance (see figure 02) are: transparency, accountability,<br />

effectiveness, participation, fairness and efficiency. These principles are also<br />

applicable to forest governance monitoring. Below we list the six principles and<br />

examples of their effective application in forest governance monitoring 8 :<br />

1. Transparency:<br />

a. Transparency about data. There is a need to be as open as possible<br />

about disclosure of data. However, a balance is necessary, as it is<br />

unproductive to disclose all detailed data, but aggregated data should<br />

be disclosed as much as possible.<br />

b. Communication and transparency. In order to secure coordination<br />

within forest agency and across sectors it is important to clearly<br />

communicate the process of strengthening forest governance<br />

monitoring to stakeholders from the start so that they understand what<br />

it involves. It is also very important to disseminate the results of the<br />

monitoring in a transparent way so that the users help build a demand<br />

for the service. If the results from monitoring aren’t used, then even the<br />

best designed system will—and indeed should—die from neglect.<br />

2. Accountability:<br />

8 Partially based on the national forest programme principles and on Saunders & Reeve. 2010 Monitoring<br />

Governance for Implementation of <strong>REDD</strong>+. Chatham House<br />

20


a. Credibility of the monitoring process and data quality is key. Monitoring<br />

is only of use if the data quality is adequate. There needs to be a<br />

mechanism for quality control and quality assurance of the data that is<br />

collected and reported and for continually adapting data collection and<br />

analysis methods.<br />

b. Iterative learning, incremental improvement and adaptive management.<br />

Just like in the nfp process, the monitoring system is meant to provide<br />

a basis for learning that allows for sharing the realities experienced<br />

along the way; and for using the lessons learned for fine-tuning and<br />

adapting the process. The monitoring system is meant to be a self-help<br />

tool for the government and other stakeholders in a country to improve<br />

accountability, to promote sectoral learning and adaptive management,<br />

and to promote better strategic and operational management and<br />

capacity building in the sector. Adjustment in forest governance is -<br />

like governance reform itself - essentially an institutional change<br />

management process in which big steps are not to be expected<br />

overnight; it is important to take a realistic view on the situation of<br />

‘here and today’ and what would be attainable goals and pathways in a<br />

process of gradual improvements within a given time frame.<br />

c. Capacity building at all levels. Capacity will be needed, and may need<br />

to be built, for all stakeholders engaged in the design and<br />

implementation of systems. To engender ownership, trust and<br />

accountability, these efforts to monitor forest governance should be<br />

developed in partnership with local institutions, respecting national<br />

circumstances.<br />

3. Effectiveness: the monitoring should fit within goals set by the country.<br />

Aspects include:<br />

a. Country leadership and national ownership: A national driven<br />

process ownership and firm commitment and a strong political and<br />

societal will to manage forests sustainably and to monitor forest<br />

governance.<br />

b. Consistency with national policies, strategies/NFP document:<br />

Integration with the country’s sustainable development strategies, intersectoral<br />

approaches, consistency with the country’s legal frameworks,<br />

recognition and respect for customary and traditional rights and secure<br />

land tenure arrangements.<br />

4. Participation: partnership and inclusive multi-actor participation are key for<br />

success, as are involvement of all relevant stakeholders, decentralisation and<br />

empowerment, coordination and conflict-resolution.<br />

a. The monitoring system should be developed and implemented jointly<br />

by major stakeholders and take into consideration various relevant<br />

geographic and administrative levels in the country, also recognizing<br />

the differences in influence, means, roles and mandates of the different<br />

stakeholders.<br />

b. Multi-stakeholder participation in the identification of indicators as well<br />

as in the design and implementation of the tools and institutional<br />

21


arrangements for monitoring, reporting and verification will result in<br />

more credible and useful information and more accountable<br />

institutions. It will also help to build trust between stakeholders and<br />

break down barriers between historically antagonistic parties.<br />

5. Fairness: Fairness implies the degree to which rules apply equally to<br />

everyone in society. It is also about who is part of the negotiation and who is<br />

left out.<br />

a. Meaningful participation of disadvantaged stakeholders in the<br />

country: remote and resource dependent communities, unorganized<br />

actors, and women may lack the possibilities and opportunities (power<br />

and recognition, time, funds, and distance) to effectively participate in<br />

the forest governance monitoring process.<br />

b. Meaningful participation of groups that at first sight do not see<br />

the importance of forest monitoring for them. The private sector<br />

may not be interested in participating because they do not see any use<br />

in it. However such stakeholders do matter and it is critical that they are<br />

encouraged or enabled to participate effectively in and benefit from the<br />

process.<br />

6. Efficiency: this principle has several very important aspects:<br />

a. Building on existing data sets, data collection routines, IT<br />

infrastructure and organisational frameworks as much as possible.<br />

Building on existing monitoring, including data collection/reporting<br />

commitments (e.g. FLEGT VPA impact monitoring, NFMA, FRA<br />

reporting and domestic collection of social statistics), and institutions<br />

will increase transparency and reliability of data while at the same time<br />

as reducing costs.<br />

b. Don’t do it all at once, but prioritize and incentivize progress.<br />

Forest governance encompasses many aspects.<br />

i. Prioritize. By paying attention to all of them, the data collection<br />

and monitoring grid may become unmanageable, due to<br />

expense and limited capacities for data collection and analysis;<br />

moreover it may take away the motivation of those engaged, as<br />

the dimensions of the tasks are beyond their capacities and<br />

means, urging the need for prioritizing what is really needed. A<br />

key issue for success is the extent to which key stakeholders<br />

can agree on what is “good enough” 9 , within the circumstances,<br />

with a strategy for building capacity and monitoring reach,<br />

moving forward over time.<br />

9<br />

‘Good Enough’ is related here to Good Enough Governance, a concept which brings the discussion of ‘good governance’<br />

from the realms of idealism - and sometimes the imposition of values - back to on-the-ground realities: what can be done from<br />

‘here and now’; an analysis should be made of the existing situation and a set common objectives and priorities identified and<br />

agreed by national stakeholders, because it will not be possible to achieve everything at once and in a way that different<br />

stakeholders would ideally want it to be. We need to emphasize that the “here and now” mentioned above, is dynamic. ‘Good<br />

enough’ today should not be considered good enough 10 years from now. There needs to be a discussion on how to incentivize<br />

progress in a sensible sequence, because ‘good enough’ is never an excuse for not pushing forward. See also:<br />

Grindle, M.S., 2004. Good Enough Governance: poverty reduction and reform in developing countries. Governance: an<br />

institutional journal of Policy, Administration, and Institutions, Vol. 17, No. 4, October 2004 (p. 525-548), and: Grindle, M.S.<br />

2005. Good enough governance revisited. A report for DFID with reference to the Governance Target Strategy <strong>Paper</strong>, 2001.<br />

Harvard University, USA. 27 pp.<br />

22


ii. Use as much as possible existing data. An example is private<br />

certification. There are already several certification schemes<br />

(e.g. FSC, PEFC) for assessing and monitoring<br />

sustainable/legal forest management, focusing on the forest<br />

management unit, but forest governance encompasses the<br />

relation with other economic sectors: dealing with competing<br />

claims on natural resources through land use planning<br />

legislation etc. Such aspects are largely unaddressed in market<br />

based certification schemes.<br />

c. Consistency and complementarity in national and international<br />

systems. Data needs at domestic and international levels should<br />

harmonised and collected and reported ideally through a coordinated<br />

national and international institutional architecture with appropriate<br />

oversight mechanisms involving verification at both national and<br />

international level. Similarly, it is important to be multi-level (this<br />

initiative has a field level evidence collection focus), multi-sector, and<br />

multi actor (private/public) appropriately involved in <strong>FGM</strong>.<br />

d. Sustainability and cost of governance monitoring. The forest<br />

monitoring system must be feasible, implementable and cost effective.<br />

It must be compatible with the country’s longer term institutional and<br />

organizational capacities and resources for forest related monitoring. If<br />

the process of gathering, assessing, and reporting of information is too<br />

costly there is a high risk that the system will collapse. In particular, this<br />

risk may occur in the case of external financing once donors have gone<br />

or funding cycles ended. Responsibilities and tasks within the<br />

monitoring system must be agreed and properly institutionalized<br />

among the different stakeholders to ensure continuity of the system<br />

and delivery of results.<br />

Box 08: Key success factors for improving and sustaining <strong>FGM</strong><br />

Established demand and a sense of urgency. Major stakeholders, in<br />

23


particular the government and parliament, in the country need to be convinced of<br />

the urgency, relevance/value added and benefits of developing and/or improving<br />

monitoring or forest governance.<br />

Ownership, commitment, and championship. From the outset, the major<br />

national stakeholders in the forest sector should express co-responsibility and<br />

active support for the process, which requires that they are able to participate in<br />

guiding and benefiting from the process. Ownership and commitment is<br />

particularly important in the case of funding of the process by international<br />

donors, hence to avoid the risk and impression that it is becoming a donor driven<br />

action rather than a process designed to meet nationally identified needs.<br />

Existence of national champions to advance <strong>FGM</strong> is indispensable, both in state<br />

agencies and other stakeholders in the sector. Champions are persons who<br />

constantly and energetically promote the cause of <strong>FGM</strong>.<br />

Credibility of leadership. The organisation that leads the process must be<br />

considered as open, trustworthy, and effective to guide and facilitate the process<br />

of monitoring. Stakeholders are likely to forgive gaps or errors in data as long as<br />

they believe that the organisations that are in charge of the forest governance<br />

monitoring are doing the utmost to give a fair picture of the situation, while<br />

striving for improvement and allowing outside oversight.<br />

Chapter 3: FOREST GOVERNANCE MONITORING IN<br />

VIETNAM – MAIN FINDINGS<br />

3.1. Vietnam policy, legal, institutional and regulatory framework: introduction<br />

24


As mentioned above, forest governance, in this background paper, is analyzed in<br />

relation with Vietnam National Forestry Development Strategy 2006-2020,<br />

particularly its three key programs including<br />

• sustainable forest management and development program,<br />

• program on forest protection, biodiversity conservation and environmental<br />

services development,<br />

• forest products processing and trade program and<br />

• newly emerging issues, not yet included in the strategy: FLEGT and <strong>REDD</strong>.<br />

However, FLEGT and <strong>REDD</strong>, in spites of the fact that they have different stating<br />

point and approach, both of them aim to sustainably managed forest. See figure<br />

04.<br />

Since 2003 Vietnam central governmental agencies have issued 165 legal<br />

documents related to forest policy and institution: Resolution: 01 document (The<br />

Communist Party Political Bureau); Law: 5 documents; Decree: 39 documents;<br />

Decision, directions by Prime Minister: 20 documents; Circular, Decision, Direction<br />

by ministries: 105 documents. However, some documents only mention forest policy<br />

and institution at one or some articles, or even at some expressions. Only about 140<br />

out of 165 documents issued since 2003 are legally valid.<br />

This legal system has made their way into society, creating a legal base and<br />

mobilizing resources into forest protection and development, which contributes to<br />

continuous increase of forest cover, a stable socio-economic development, poverty<br />

reduction and improvement of people’s living in the highland and mountainous areas.<br />

However, as mentioned above, this report will focus rather more on finding<br />

opportunities of improvements in <strong>FGM</strong>.<br />

Vietnamese system of key legal regulations for forest governance consists of Land<br />

Law 2003; Forest Protection and Development Law 2004; decisions, circulars<br />

dealing with different areas of or related with forest and forestry. Generally those<br />

legal regulations form a system covering all aspects of forest governance that need<br />

to be addressed, including:<br />

• Forestry land and 3 types of forest;<br />

• Forest and forest land rental and allocation;<br />

• State forest enterprise restructuring;<br />

• Timber harvesting from natural forests;<br />

• Conversion of natural forest into rubber plantation and other purposes;<br />

• Beneficiary policy;<br />

• Forest Protection;<br />

• Handling of violations related to forest;<br />

• Forest fire prevention and firefighting;<br />

• Protection forests and special-use forests;<br />

• Forest environment services ;<br />

• Forestry finance;<br />

• Forest Products Processing and Trade.<br />

25


FOREST<br />

GOVERNANCE<br />

<strong>REDD</strong><br />

FLEGT<br />

NATIONAL FORESTRY<br />

DEVELOPMENT STRATEGY<br />

2006-2020<br />

(1) Sustainable forest<br />

management and development<br />

program<br />

(2) Forest protection,<br />

biodiversity conservation and<br />

environmental services<br />

development<br />

(3) Forest products processing<br />

and trade program<br />

(4) Research, Education,<br />

Training and Forestry Extension<br />

(RETE)<br />

(5) Renovation of the forest<br />

sector institutions, policy,<br />

planning and monitoring<br />

Figure 04: Relation between forest governance and Vietnam forestry development<br />

strategy and emerging issues.<br />

What is monitored/ measured already?<br />

•<br />

What needs to monitored/measured in the future?<br />

• Number of forest-related legal regulations newly issued.<br />

• Number of forest-related legal regulations withdrawn (out of effectiveness).<br />

3.2. Sustainable Forest Management and Development<br />

Box 09: Tasks of Program “Sustainable Forest Management and<br />

26


Development”<br />

• Establish the national permanent forest estate for three forest<br />

types, mapping and boundary demarcation in field, manage<br />

sustainably and effectively all stable production forest areas,<br />

including 3.63 million ha of natural forests and 4.15 million ha of<br />

plantation forests (including industrial raw material plantations, NTFP<br />

and other plantation forests).<br />

• All forests and forest lands are to be allocated, or leased, to forest<br />

management entities before 2010.<br />

• Establish and implement plans of forest management and capacity<br />

building for forest owners, such as: forestry companies, cooperatives,<br />

communities, and foreign fund- invested enterprises, etc.<br />

• Stabilize wood production from natural forests, plantation forests and<br />

scattered planted trees with timber production targets of 9.7 million<br />

m 3 / year by 2010 and 20 - 24 million m 3 / year by 2020 (including 10<br />

million m 3 large timber) and develop NTFPs to meet major demands<br />

for domestic consumption and export.<br />

• Provide small timber for pulp processing: 3.4 million m 3 /year by 2010,<br />

and 8.3 million m 3 /year by 2020. Improve the productivity and quality<br />

of plantation forests, with an average annual increment of<br />

15 m 3 /ha based on the implementation of forest tree seed strategy<br />

during period 2006-2020.<br />

• Enrich 0.5 million ha of poor degraded forests contributing to<br />

increase the quality of natural forests.<br />

• Afforest 1.0 million ha of new forests by the year 2010 (of which, 0.75<br />

million ha of production forest and 0.25 million ha of special-use<br />

forest) and 1.5 million ha for the next phase, and harvested forest will<br />

be replanted after logging operations at the rate of 0.3 million<br />

ha/year.<br />

• Annually plant 200 million scattered trees, equivalent to 100,000 ha<br />

of plantation forests, to serve local demands of wood and fuel-wood<br />

for home consumption.<br />

• Undertake forest inventory periodically; consolidate and update<br />

database of forest resources and related socio-economic aspects.<br />

• 100% of production enterprises will develop, implement, monitor and<br />

evaluate the forest management proposals (plans).<br />

• At least 30% of production forest areas are to be issued with<br />

certification on sustainable forest management by 2020.<br />

• Invest in equipment to modernize forest management work.<br />

3.2.1. Forestry land and 3 types of forest<br />

Box 10: Main legal regulations on forest and forest land<br />

Land Law 1993 and Land Law 2003; Law on Forest Protection and Development<br />

1991 and Law on Forest Protection and Development 2004; Directive<br />

38/2005/CT-TTg dated 25/12/2005 by Prime Minister on Three-type-forest<br />

Classification; Decision 1828/QĐ-BNN-TCLN dated 11/8/2011 of MARD on<br />

national forest status year 2010.<br />

27


ISSUES TO BE ADDRESSED:<br />

1. Land Law 2003 replaced the term “Forest land” by a new term which is “land<br />

of special-use forest, land of protection forest and land of production forest”<br />

(point c, d, đ section 1, article 13). Forest Protection and Development Law<br />

2004 did the same and only mentions three types of forests which are<br />

“special-use forest”, “protection forest” and “production forest”. Since those<br />

laws became effective the term “forest land”, including land with forest on it<br />

and bare land identified for forestry, no longer exists. Forest land, from a legal<br />

point of view now only consists of land of special-use forest, land of protection<br />

forest and land of production forest. Thus following this term only the land with<br />

forest on it is forest land and bare land, even on mountains, is no longer forest<br />

land. This legal provision leads to the fact that the forest sector is not clear<br />

where to get land for the target of 16.24 million ha as decided by Decision<br />

17/2007-TTg dated 05 February 2007 by Prime Minister for implementation of<br />

Vietnam Forestry Development Strategy 2006-2020.<br />

2. Planning for 3 forest types has been done only as master plan, not clearly<br />

marked on maps and in the field therefore often can be changed by other<br />

sectors’ planning.<br />

3. Many communes with forests have not been approved with their planning and<br />

detailed land use plan, so these plans have been pending and overlapped.<br />

What is being monitored already?<br />

• Existing forests on lands (special-use forest land, protection forest land,<br />

production forest land).<br />

What needs to be monitored in the future?<br />

• Total national land, defined for management of the Forest Sector, with clear<br />

boundaries in the field.<br />

• Total national land area, with forest, defined for management of the Forest<br />

Sector with clear boundaries.<br />

• Total area of production forest.<br />

• Area of production forest with clearly defined boundaries in the field.<br />

• Area of production forest with clear demarcation in the field.<br />

• Area of protection forest.<br />

• Area of protection forest with clearly defined boundaries in the field.<br />

• Area of protection forest with clear demarcation in the field.<br />

• Area of special-use forest.<br />

• Area of special-use forest with clearly defined boundaries in the field.<br />

• Area of special-use forest with clear demarcation in the field.<br />

3.2.2. Forest and forest land rental and allocation<br />

Box 11: Forest and forest land rental and allocation 31 December 2009<br />

According to FPD report, on 31 December 2009 total forest area of 13,258,843<br />

ha was allocated by the state to forest mangers as follows: (1) forest<br />

28


management boards 4,318,492 ha (33%), state enterprises 2,044,252 ha (15%),<br />

households 3,287,070 ha (25%), people committees 2,422,485 ha (18%), other<br />

organizations 659,935 ha (5%), military forces 243,689 ha (2%), communities<br />

191.383 ha (1%), other economical organizations 91,537 ha (1%).<br />

ISSUES TO BE ADDRESSED:<br />

• Available legal documents do not explain clearly legal terms such as “forest<br />

allocation”, “forest allocation by contract”, “forest rental”, which results in<br />

inadequate perceptions and implementation of forest policies, particularly<br />

between forest allocation and forest allocation for rental.<br />

• Lack of specific regulations on classification for which kind of special-use<br />

forests, protection forests, production forests can be allocated for rental,<br />

which results in the fact that most of land allocated to local people is bare land<br />

or poor natural forests. Medium and rich natural forests remain managed by<br />

state companies.<br />

• Legal content on natural forest use and beneficiary rights have not been<br />

transparently explained and regulated in legal documents, particularly the<br />

relation between the government - as natural forest owner and forest<br />

managers - as bodies authorized by the government to use the forests<br />

through allocation and forest rental.<br />

• Forest Protection and Development Law 2004 (Article 29, 30) defines that<br />

forest allocated to local communities by the Government is for common<br />

benefits of the communities regardless of forest types as special-use,<br />

protection or production forests. However, the Land Law does not define land<br />

allocation to local communities; Decree No. 181/2004/NĐ-CP on guidelines to<br />

perform Land Law at Article 72 stimulating that only protection forests would<br />

be distributed to local communities.<br />

• According to the Land Law, forest enterprises are entitle to receive forest<br />

rental or allocation with land use charge, but no legal document is available to<br />

define specific price of forest rental charge.<br />

• Slow allocation of land and forests. By 2009, only about 70% of forest land<br />

has been distributed to different managers. The area allocation to communes’<br />

People’ Committees reaches more than 2.4 million ha (accounting for 18% of<br />

the total national forest area in use), without clear responsibilities.<br />

• Land allocation and forest allocation do not link together closely (there is no<br />

close collaboration between Agriculture and Rural Development Sector and<br />

Natural Resources and Envrionemnt Sector).<br />

• Forests allocated to households and communities are mainly with low<br />

standing-tree stock with small and scattered area and bad transportation<br />

conditions. Therefore, they are not accurate to run a good business.<br />

• Fee of masurement, recording, and issuing land use certificate (Red Book) is<br />

high while government budget allocated to this item is limited.<br />

• The unclear demarcation in the field has created more difficulties to<br />

management leading to difficulties in dealing with illegal forest land use<br />

transformation, which results in overlapped land allocation and conflicts<br />

among forest owners.<br />

29


• There is no connection between land allocation and forest allocation (area is<br />

identified but there is no data about forest status, standing stock, etc, thus<br />

there is no basis for beneficiary calculation.<br />

• Land disputes and encroachments in some areas occurred because of<br />

different reasons. They have not been solved.<br />

• Civil Law in 2005 (Basic Law) does not recognize village communities (called<br />

community) as a legal entity. Therefore, they do not have rights like other<br />

forest owners to transform, transfer, rent, mortgage, act as a gurantee with<br />

their allocated forest land. Legal status of village communities should be<br />

clearly identified for forest resource management.<br />

• It is unclearly perceived that forest is a property, so forest allocation and forest<br />

rental policies are treated as natural forest protection policies rather than<br />

property protection and defined only for two criteria: forest area and cover.<br />

• What are the rights of forest enterprises when they work with forest rental or<br />

allocated forest with rental charge or fee payment (especially natural forest<br />

land).<br />

What is being monitored already?<br />

• Allocation of land and forests<br />

What needs to be monitored in the future?<br />

• Number of Forest Management Boards having forest allocated, but without<br />

land use certificate.<br />

• Number of Forest Management Boards clearly knows in-the-field defined<br />

boundaries of the forest under their management.<br />

• Number of Forest Management Boards made in-the-field demarcation for the<br />

forest under their management.<br />

• Total area of land, forest allocated to households.<br />

• Area of land, forest allocated to households having clearly defined boundaries<br />

in the field.<br />

• Area of forest allocated to households but without land-use certificate.<br />

• Number of land-related conflicts between households and organizations.<br />

• Number of land-related conflicts between households and organizations<br />

solved.<br />

• Number of land-related conflicts between households and other households.<br />

• Number of land-related conflicts between households and other households<br />

solved.<br />

3.2.3. State forest enterprise restructuring<br />

Box 12: Results of state forest enterprise restructuring<br />

• The number of SFEs decreased from 355 (2005) down to: only 157 SFEs<br />

converted into Forest Companies (FCs), 68 SFEs converted into Forest<br />

Management Boards and 28 Forest Management Committee newly<br />

established due to splitting of protection forests from SFEs, and 14 SFEs<br />

dissolved.<br />

• Total area under management of 157 FCs) is more than 2 million ha<br />

(2005: 4.08 million ha).<br />

• Total area managed by forest management boards (converted from SFEs<br />

30


and newly established) : more than 4 million ha.<br />

ISSUES TO BE ADDRESSED:<br />

• Rights, duties, and responsibilities of FCs for forest management as forest<br />

enterprises have not been clearly identified in legal documents, particularly,<br />

the policy on natural forest with production function allocated to FCs.<br />

According to the current law, natural forests with production function are<br />

important production materials of the company, but they are not accepted as<br />

FCs’ asset. FCs therefore manage the allocated forests as natural resources<br />

not as asset.<br />

• According to Forest Protection and Development Law, for FCs the<br />

Government executes the land and forest land allocation or forest rental with<br />

rental charge paid by FCs, but there is no specific provisions to address that.<br />

Currently, the Government has performed the land allocation without land<br />

and forest use/rental charge for many FCs. Some provinces implement forest<br />

rental, but FCs can not afford the payment for the rental charge due to lack of<br />

budget.<br />

• Decree No. 200 also does not have any provision facilitating FCs to get longterm<br />

loans for plantation cycle, essential for FCs to run their operation, even<br />

FCs operating in remote areas.<br />

• According to Forest Protection and Development Law (Article 64), though FCs<br />

have paid forest use and rental charge from their own budget (no government<br />

budget), they only are allowed to profit from the value added to the forests,<br />

but there is no transparent and clear regulation how to identify the value<br />

added and how to benefit from it.<br />

• SFEs that do not have harvestable plantation and mainly have poor natural<br />

forests were converted into FCs, do not afford to manage and protect this<br />

forest area and can generate profits.<br />

• Land withdrawn from SFEs for allocation to other bodies has not been<br />

implemented well. In some localities, numerous area of forest land has been<br />

withdrawn from FCs but failed to be allocated to other bodies. Commune<br />

People Committes therefore temporarily manage this area, but they are not<br />

forest owners and have no capacity for management and protection, which<br />

results in “ownerless” circumstances for the forest land.<br />

• Almost all FCs have not completed their forest and forest land management<br />

plans or have plans available but fail to apply as a “legal” instrument for land<br />

and forest management.<br />

• In some provinces, FCs do not have self-control right for their own financial<br />

issues during their natural forest business because in the provincial policy,<br />

profits from standing tree auction is collected by Provincial Financial<br />

Department and reallocated a part to FCs as forest management unit<br />

operating under provincial budget.<br />

• FCs had to hand over good-quality and close-to-communities lands for<br />

agricultural purposes, so they had to move to more remote region and do their<br />

business with poor-quality land left, poor infrastructure, long production cycle<br />

with lots of risks which results in higher costs, particularly transportation and<br />

lower efficiency.<br />

31


• When SFEs established by establishment decisions, in which allocated land<br />

for management was only identified in the map, not in the field. And in<br />

practice, many organizations and companies do not know exactly the<br />

boundary and demarcation of their forest area.<br />

• Many FCs operate their business without land-use right certificate (Red Book)<br />

because they do not have enough money for making land measurement and<br />

land documentation, even though the Decree No. 200 defines the local budget<br />

is responsible to cover this cost for FCs but no payment is from local budget<br />

for them in reality.<br />

• Currently, FCs lack of capital for their business and forest development, but<br />

they find difficult to get loans. According to Decree No. 200, FCs manage<br />

allocated poor natural forests in the enrichment and rehabilitation stage which<br />

has not reached the harvesting stage (FCs located in remote areas with<br />

mainly ethnic groups) are supported by the Government for management and<br />

protection cost as protection forests. But in practice, they do not receive any<br />

support.<br />

• Decree No. 200 defines “FCs are supported by the Government in<br />

development and application of advanced technology into their production,<br />

processing, particularly high-productivity trees; establishing multiplication<br />

facilities to provide seedlings; advanced technical hand-over and developing<br />

agro-forestry extension services and providing marketing information to local<br />

people”, but factually, no considerable support in technology and capacity<br />

building activities are available.<br />

• Some FCs manage allocated protection forests, but without proper investment<br />

as defined to protection forests.<br />

• No proper financial and crediting policies are available to natural forest<br />

management (budget for poor natural forest protection, enrichment and<br />

development).<br />

• No policy on forest rental charge. Forest value is not identified yet thus there<br />

is no basis for dealing with forest, during its management, as an asset.<br />

• In many cases the conversion from SFE to FC is just change of name, the<br />

management and all other aspects of doing business remain unchanged. So<br />

FC cannot operate in line with the Enterprise Law 60/2005/QH11, dated 29<br />

November 2005.<br />

• Almost FCs are in lack of financial resources, but they cannot use natural<br />

forest under their management as guarantee to get loan from bank because<br />

the natural forest is not an asset having concrete financial value.<br />

What is monitored/ measured already?<br />

• Number of SFE and FCs.<br />

What needs to monitored/measured in the future?<br />

• Number of forest companies having allocated forest but with land-use<br />

certificate.<br />

• Number of forest companies having land and forest with clearly defined<br />

boundaries in the field.<br />

• Number of forest companies having land and forest with clear demarcation in<br />

the field.<br />

• Total forest area allocated to forest companies.<br />

32


• Total land area allocated to forest companies (with land-use certificate).<br />

• Total land area and forest area allocated to forest companies having clear<br />

demarcation in the field.<br />

• Number of forest companies doing business according to Company Law<br />

2005.<br />

• Number of forest companies financially independent in line with the Company<br />

Law 2005.<br />

• Number of forest companies trained in sustainable forest management.<br />

• Number of companies having forest management plan.<br />

• Number of forest companies received fund supporting enrichment of poor<br />

forest.<br />

• Number of forest companies received support in application of new<br />

technology.<br />

• Number of forest companies providing forestry extension and market<br />

information for local communities.<br />

• Number of forest companies managing protection received investment as<br />

defined by policy for protection forest.<br />

• Number of forest companies received long-term preferential credit appropriate<br />

to timber-production cycle.<br />

• Number of provinces having forest value defined when the forest is allocated<br />

to forest companies.<br />

• Number of provinces having forest rental price defined when rent the forest to<br />

forest companies.<br />

• Number of provinces having forest rental price defined when rent the forest to<br />

forest companies.<br />

• Number of companies defined forest value when the forest is allocated to<br />

them.<br />

• Number of forest companies having forest-added-value calculation defined.<br />

• Number of forest companies paid forest rental charge.<br />

3.2.4. Timber harvesting from natural forests<br />

Box 13: Status of timber harvesting from natural forest<br />

Implementing the Plan “To promote afforestation in bare land toward closing<br />

‘gates’ of natural forest" started in 1996:<br />

• From 1997 timber harvesting is suspended in all protection forests and a<br />

considerable part of natural forests with production function.<br />

• The number of provinces and companies busy with timber harvesting has<br />

been decreased remarkably.<br />

• Volume of timber harvested from natural forests decreased from 1 million<br />

m 3 (2000) to around 0.2 million m 3 in 2009.<br />

ISSUES TO BE ADDRESSED:<br />

Today some shortcomings of the timber-harvesting-limit policy, revealed clearly:<br />

• Timber-harvesting-limit and/or logging ban policy makes presence of forest<br />

managers in the natural forest much less which results in a situation that the<br />

33


forest is like without real “ownership”, which at the end makes more chance<br />

for illegal logging in practice.<br />

• Timber-harvesting-limit and/or logging ban policy minimizes or eliminates<br />

revenue from forest which substantially affects the basis of from-forest-benefit<br />

policy and makes it ineffective,<br />

• No resources for forest managers and government to re-invest in natural<br />

• Moreover, harvesting ban also means forest is without sylvicultural activities<br />

because timber harvesting itself is a necessary sylvicultural measure to<br />

manage forest.<br />

What is monitored/ measured already?<br />

• Volume of timber harvested from natural forests by quota.<br />

What needs to monitored/measured in the future?<br />

• Number of forest companies are in condition accurate for implementation of<br />

sustainable timber harvesting.<br />

• Number of forest companies allowed to do timber harvesting in line with<br />

timber production of their allocated forest.<br />

3.2.5. Forest conversion into rubber plantation and other purposes<br />

Box 14: Forest conversion into rubber plantation<br />

Conversion of poor natural forest, with low timber production, to rubber<br />

plantation is allowed by government from late 2006. The conversion of this kind<br />

of forest aims to generate more jobs and income for local poor people lacking<br />

production land.<br />

ISSUES TO BE ADDRESSED:<br />

• The criteria for identifying the conversion forest are not clear.<br />

• Some good natural forest was converted to rubber plantation.<br />

What is monitored/ measured already?<br />

• Area of natural forest converted to rubber plantation and other purposes.<br />

What needs to monitored/measured in the future?<br />

• Area of natural forest converted to rubber plantation.<br />

• Total number of projects to convert natural forest to rubber plantation.<br />

• Number of projects to convert natural forest to rubber plantation appraised by<br />

relevant authority from forest sector.<br />

• Number of projects to convert natural forest to rubber plantation rejected by<br />

relevant authority from forest sector after appraisal.<br />

• Total area of forest converted to hydro-power plants.<br />

• Number of hydro-power plant projects requesting conversion of natural forest.<br />

• Number of hydro-power plant projects appraised by relevant authority from<br />

forest sector.<br />

• Number of hydro-power plant projects rejected by relevant authority from<br />

forest sector after appraisal.<br />

34


• Area of natural forest lost due to mining activities.<br />

• Number of mining projects requesting conversion of forest.<br />

• Number of mining projects appraised by relevant authority from forest sector.<br />

• Number of mining projects rejected by relevant authority from forest sector<br />

after appraisal.<br />

3.2.6. Beneficiary policy<br />

ISSUES TO BE ADDRESSED:<br />

• The term “benefit” is not consistent among different currently effective<br />

documentations.<br />

• There are no clear criteria for identifying forest major and minor products. For<br />

instance: the major product of resin-pine forest is resin, the major product of<br />

cinnamon forest is tree bark, while Decision 178 stipulates timber annual<br />

allowed cut only, (point 5 article 14).<br />

• The beneficiary policy is practically efficient where harvesting and selling<br />

harvested products are in place. For forest without timber standing stock and<br />

non-timber products for harvesting, and forest land with poor-quality-soil for<br />

agricultural activities, and forest in remote area, forest in limestone mountains,<br />

forest close to borders, protection forest along sea coasts, forest with CITES<br />

species, etc the beneficiary policy is not feasible.<br />

• Benefit for households contracted for special forest protection is much lower<br />

than ones contracted for protection and production forest.<br />

Benefit is based on the forest added production, in practice, is not feasible because<br />

the timber standing stock of forest at the time of allocation and annual additional<br />

timber standing stock (annual growth) are not identified. Therefore there is no clear<br />

basis for-households benefit identification.<br />

What is monitored/ measured already?<br />

• Area of forest allocated to households.<br />

• Payment for households for provided forest protection service.<br />

What needs to monitored/measured in the future?<br />

• Number of provinces having forest value defined when the forest is allocated<br />

to households.<br />

• Number of provinces having forest rental price defined when rent the forest to<br />

households.<br />

• Number of provinces defined forest value when the forest is allocated to<br />

households.<br />

• Number of provinces defined real income from forest (including pay for forest<br />

protection and others from forest), per ha of forest allocated to households.<br />

• Number of provinces defined total real income from forest (including pay for<br />

forest protection and others from forest) and its ratio to total income of local<br />

households.<br />

35


3.3. Program of Forest protection and conservation, PES and Forest Finance<br />

Box 15: Tasks of Program of Forest protection and conservation, PES<br />

a) Forest protection (protection, special-use and production)<br />

• Protect effectively 16.24 million ha of forest and forest land area.<br />

• One hundred percent of documents regulating forest protection are<br />

disseminated to forest owners and local people.<br />

• The State will continue to allocate 1.5 million ha special-use and<br />

protection forests under protection contracts by 2010.<br />

• Reduce by 80% the cases violating the forest protection and<br />

development law.<br />

• 100% of forest owners, villages, and communes having forests will<br />

arrange their forest protection forces and 100% forest rangers at<br />

communes and forest protection forces will be trained to improve<br />

capacity.<br />

• Invest to infrastructure, equipment, operational costs for<br />

protection, forest fire prevention and control, and pest and disease<br />

control.<br />

b) Management of protection and special-use forest systems<br />

36


• Develop and consolidate the protection forest system (watershed,<br />

coastal and urban environment) with a total area of about 5.68<br />

million ha and special-use forest system with a total area not<br />

exceeding 2.16 million ha.<br />

• 100% of protection and special forest areas will have their<br />

management owners (state agencies, private owners or communities)<br />

and availability of planning, medium- and long-term forest protection<br />

and development plan. 0,25 million ha of new protection and specialuse<br />

forests will be planted by 2010.<br />

• Continue to pilot and scale-up community-based forest management<br />

modality and other modalities (community management, shareholding<br />

company, cooperative, joint venture, joint business, etc.)<br />

c) Environmental services<br />

• Study on the valuation of the forest environmental services, such<br />

as water source protection, erosion control, sedimentation<br />

prevention, CO2-sequestration, ecotourism, etc.; develop<br />

mechanisms for payment of environmental services during the<br />

period 2006-2010.<br />

• The Forest Protection and Development Fund will be established and<br />

implemented by 2007.<br />

3.3.1. Forest Protection<br />

Box16: Forest protection system<br />

Forest protection system from commune level up to national level established.<br />

Forest ranger system at all levels (about 11,000 people) including: Forest<br />

Protection Department under VNFOREST, 63 provincial FPD at provincial level,<br />

490 district Forest Inspection Section (FIS) at district level and 735 ranger posts.<br />

4,289 rangers are in service in 4,816 communes out of 5,985 communes with<br />

forests. 88 FIS of special-use forests established (out of 164 management<br />

boards). They succeed to prevent illegal logging on a large scale and some<br />

forest protection and development models have been established. 42,000<br />

groups of local forest protection have been set up.<br />

ISSUES TO BE ADDRESSED:<br />

• Lack of financial mechanism to permit close and regular collaboration<br />

between forest ranger forces and other legal execution agencies; lack of<br />

active involvement by local authorites and people in forest protection as well<br />

37


as a lack of connection and integration between poverty and rural<br />

development programmes at the one hand and forest protection activities in<br />

the area at the other hand.<br />

• Legal status of forest rangers is weak, so they cannot perform in an effective<br />

way.<br />

• Forest rangers have a hard job with limited capacity and supportive tools as<br />

well as low income and an allowance of 100,000vnd/ month only, no housing<br />

and transportation support to perform their work.<br />

• Lack of synchronous and sustainable support policies to protect natural<br />

forests. Almost all financial support comes from Program 661, but only for an<br />

area of 1.5-2 million ha out of 8 million ha of protection and special-use<br />

forests, furthermore Program 661 ended end of 2010. This is a big challenge<br />

because without further support, this area will be put in a risk of faster<br />

deforestation.<br />

• No proper policy available to involve local communities in forest protection<br />

because forests are not their property and they do not receive any profits from<br />

the forests (in case of poor and immature forests) or too little (if they are<br />

contracted for protection and special-use forest protection). Beside of that<br />

there is no policy facilitating sustainable livelihoods for people depending on<br />

forests.<br />

What is monitored/ measured already?<br />

• Number of local forest rangers.<br />

• Number of communes having local forest rangers.<br />

• Area of forest under financial support of the program 661.<br />

What needs to monitored/measured in the future?<br />

• Number of local forest rangers.<br />

• Number of communes having local forest rangers.<br />

• Number of plans of forest protection authorities, forest companies, forest<br />

management boards to cooperate with local authorities and communities in<br />

forest protection agreed and signed.<br />

• Number of violations of Forest Protection and Development Law that are not<br />

treated due to legal position of forest protection officers (forest rangers) is<br />

limited.<br />

• Number of forest patrol units having forest regular patrol plans.<br />

• Number of patrols conducted.<br />

• Number of villages having common forest protection agreement.<br />

• Number of communes having forest officer.<br />

• Number of communes having forest protection team.<br />

3.3.2. Handling of violations related to forest<br />

Box 17: Violations related to forest<br />

• According to the data of the Forest Protection Department in 2009,<br />

Government has found 40,929 cases of violations of the Law on Forest<br />

Protection and Development; has handled 34,370 cases, including<br />

34,046 cases for administrative sanctions and 324 cases for criminal<br />

38


sanctions with 210 defendants. However, the number of cases brought to<br />

trial is very low (47 cases with 52 defendants).<br />

• Material evidences and means confiscated timber includes 25,598.9 m3<br />

round wood (1,779.5 m3 precious wood), lumber 26,316.9 m3 (3,998.1<br />

m3 rare wood); wildlife 12,930 individuals (with 723 individual rare) with a<br />

volume close to 38 tons and seized several transportation vehicles of<br />

illegal forest products.<br />

• The total amount collected in 213 billion VND - up 3% compared with<br />

2008 (penalties 62.5 billion VND; sale seized exhibits 149.3 billion VND,<br />

tax arrears 0.159 billion VND; other revenue 1.09 billion VND), put to<br />

state budget over 186 billion VND.<br />

ISSUES TO BE ADDRESSED:<br />

• In recent years, the situation of the violation of the Law on forest protection<br />

and development is extremely complex, especially against people on duty<br />

also are widespread in many regions rich in forests.<br />

• Land conflicts land disputes between local people and business bodies<br />

(companies and others) in several regions.<br />

• Illegal deforestation is concentrated particularly in forests which (by the<br />

classification) changed from protection function to production forests, and in<br />

the forests under projects of transferring from SFE to local management.<br />

• Illegal logging, illegal timber transport and illegal forest products processing<br />

take place throughout in many areas where the natural forests exist,<br />

especially in areas which are having convenient condition for transportation by<br />

road and river, and in areas with many small-scale wood processing facilities<br />

in and near forest.<br />

• The level of punishment for violations to the legal documents is too soft, so it<br />

has no deterrent effect to offenders, leading to their contempt of law,<br />

challenging the public authorities. The 2009 Amended Criminal Law only<br />

provided for forest deforestation criminal is the highest for 15 years and fines<br />

up to 100 million VND.<br />

• The handling of forest law violations was not strict, doesn’t punish strictly the<br />

instigators.<br />

• If the offender does not abide, they will be enforced to implement decisions on<br />

administrative sanctions under Article 45 of Decree 99/2009/ND-CP. In many<br />

cases when the decision is taken for administrative punishment (for example<br />

encroachment, illegal exploitation of forests, deforestation for cropping, using<br />

a hunting rifle ...), the fines cannot be collected , so rates of fine collection are<br />

usually lower. The cause is that the offenders have low-income,, they belong<br />

to families of poor, ethnic minorities, so the decisions to implement<br />

administrative sanctions (by fine) is not implemented. The consequence is<br />

that the effectiveness of the enforcement decision is lost. Another type of<br />

punishment would be imprisonment.<br />

• Law enforcement was to some extent carried out at the local level, but it still<br />

could not meet the real demands. When a document and/or policy was<br />

released, DARD made an announcement and sent it together with guiding<br />

papers or technical guidelines (if any) to its belonging organizations. However,<br />

few policy-updating meetings were held for relevant staff members, thus<br />

39


district and commune staff members had few chances to get informed about<br />

these policies and papers. As a consequence, staff at district levels (District<br />

Department of Natural Resources and Environment, District Department of<br />

Agriculture and Rural Development), and staff at commune levels (vicechairman/chairwoman<br />

in charge of agriculture and forestry field) had limited<br />

information about forest-relating policies. This constraint was due to the fact<br />

that there was not a sufficient number of staff carrying out forestry activities at<br />

DPC. More over, DPC is merely in charge of state management, and not<br />

assigning forestry activities. At the district level, the Forest Protection Section<br />

was responsible for carrying out the law on forest protection, while forest<br />

companies conducted forest trade activities, and forest protection and<br />

management boards took the roles of forest protection and management.<br />

• At provincial and local level, the following information was gathered.<br />

Implementation of forest policies faced a number of challenges because there<br />

were several constraints in the current law system. For instance, if a staff<br />

member of a forest company discovered illegal logging during his forest<br />

patrol, the only action he could take was to inform the forest protection and<br />

security forces in the area. However, the forest protection and security forces<br />

could not always make themselves available when needed. Due to limited<br />

budget availability, many forest companies could not involve relevant<br />

organizations/parties in fighting against violating cases. This problem also<br />

happened at the commune level because the CPC did not have a budget for<br />

these types of activities. Consequently, both forest protection enforcement<br />

and the development law created limited impacts at the commune and<br />

community levels.<br />

What is monitored/ measured already?<br />

• Number of forest-destroy cases.<br />

• Area of destroyed forest.<br />

• Volume/value of seized timber.<br />

• Number of illegal timber transportation cases.<br />

• Volume/value of illegal-transported timber seized.<br />

What needs to monitored/measured in the future?<br />

• Number of cases against people on duty.<br />

• Number of forest-destroy cases.<br />

• Area of destroyed forest.<br />

• Volume/value of seized timber.<br />

• Value of illegal-logging means seized.<br />

• Number of illegal timber transportation cases.<br />

• Volume/value of illegal-transported timber seized.<br />

• Value ofillegal-timber-transporting means seized.<br />

• Number of criminal-violation cases.<br />

• Number of contriver-found violations.<br />

• Number of violation punishments that violators do not follow.<br />

3.3.3. Forest fire prevention and fire fighting<br />

40


Box 18: Status on forest fire<br />

• From 2005 to 2009, there has been 3,102 forest fire cases with the<br />

damaged of 11,752 hectares, 2,350 hectares on average damage per<br />

year. Forest area is damaged by fire continuously decreased over the<br />

years and forest fire is controlled actively. Compared with 2005, the area<br />

of damage in 2009 only 34.8%.<br />

• Fired forests are mainly planted forests with tree species like Pine,<br />

Melaleuca, Eucalyptus, Acacia;<br />

• Direct causes of forest fires during the last years are: burning vegetation<br />

for cropping, burning to clean fields for agricultural activities account for<br />

63.7%, using fire for hunting, collecting honey, collecting materials count<br />

for 13.6%, careless use of fire in the forest 6%, and 7.7% of other<br />

causes, and particularly in recently burning forest on purpose (burning<br />

due to conflict, revenge and on purpose) 9%.<br />

ISSUES TO BE ADDRESSED:<br />

• Decree 09/2006/NĐ-CP dated 16/1/2006 specifies that forest managers who<br />

do not benefit from the state budget have to cover expenses for forest fire<br />

prevention and fire fighting from their own budget. This is a big problem for<br />

forest owners who are households, communities and also the state<br />

enterprises and the management boards of protection forests and special-use<br />

forests. Therefore when the fire occurs, district forest inspection sections and<br />

forest owners face difficulties because there is no accurate budget for<br />

firefighting.<br />

• Budget to support fire prevention and fire fighting at commune level also is<br />

very limited. It depends on the budget of local authorities which is very limited,<br />

too.<br />

What is monitored/ measured already?<br />

• Number of forest fire cases.<br />

• Area of forest lost by fire.<br />

• Direct causes of fire.<br />

What needs to monitored/measured in the future?<br />

• Number of organizations having fire-prevention and fire-fighting plans, and<br />

resources to implement those plans.<br />

• Number of agreement of forest range units; forest companies; forest<br />

management boards to cooperate with local authorities and communities in<br />

fire-prevention and fire-fighting, signed.<br />

• Number of communes having budget, plan, means and forces for fire<br />

prevention and fire fighting.<br />

3.3.4. Protection forests and special-use forests<br />

Box 19: Protection and special-use forest<br />

According to the FPD report monitoring changes of forest resources, to<br />

41


31/12/2009 the country has 2 million ha of special use forests (of which 1.92<br />

million ha of natural forests and 0.08 million ha planted forest) and 4.83 million<br />

hectares of protection forest (of which 4.24 million ha of natural forests and 0.59<br />

million hectares of planted forest). There are 164 special-use forest management<br />

boards, including 30 national parks, 58 nature-conservation areas, 11 speciesconservation<br />

areas, 45 landscape-conservation areas and 20 scientific<br />

research, experiment areas. Most provinces have the management boards of<br />

protection forests, of which the new management are formed after reviewing<br />

three types of forest following the Directive 38/2005/CT-TTg dated 12/05/2005 of<br />

the Prime Minister.<br />

ISSUES TO BE ADDRESSED:<br />

• Management boards, in average, have very limited staff capacity (around 7-10<br />

people), funded from the budget of Program 661, therefore they face many<br />

difficulties in managing protection and special-use forests;<br />

• Payment for forest protection service is too low (initially 50,000 vnd/ha/year,<br />

then increased up to 100,000 vnd/ha/year.<br />

What is monitored/ measured already?<br />

• Area of protection and special-use forest.<br />

• Number of forest management boards.<br />

• Pay for provided forest-protection service.<br />

What needs to monitored/measured in the future?<br />

• Number of forest management boards having forest management plan<br />

(protection and special-use forest).<br />

• Number of forest management boards having forest-patrol plan (protection<br />

and special-use forest).<br />

• Number of patrols conducted vs planned.<br />

• Average of actual income of a staff of forest management boards.<br />

• Number of forest management boards that do not get fund for forest<br />

management on time.<br />

3.3.5. Forest environmental services<br />

Box 20 : Status of forest environmental service<br />

• After nearly 2 years, two provinces Lâm Đồng and Sơn La following<br />

decision No 380/2008/Decision No-TTg on April 10 th 2008 of Government<br />

Prime Minister, the two provinces have screened and updated the<br />

allocated area, contracting to family households, individuals,<br />

organizations, enterprises. Up to February 2010 of implementation there<br />

are 7 hydraulic power plants and clean drinking water supply committed<br />

to pay for 2009 with the total of 234, 4 billion VND and 300 million VND<br />

from tourist units in Lâm Đồng;<br />

• The Government issued Decree No 99/2010/Decree No-CP on<br />

September 24 th 2010 on policy of paying forest environment services<br />

(PES);<br />

ISSUES TO BE ADDRESSED:<br />

42


• The implementing progress is slow (up to February 2010): in Lâm Đồng just<br />

paying 20, 23% of the pilot area and in Sơn La just with 9/156 communes of<br />

12, 9% of the pilot area. Reason is that the forest status and forest boundary<br />

have not been defined. Besides, catchment’s area and fields are not clear on<br />

maps There is lack of budget to screen forest;<br />

• Confusion in the establishment Forest Protection and Development Fund<br />

(FPDF) in the localities;<br />

• Regulation of “K” factor is difficult when forest quality is not grasped;<br />

• Collaboration with ministries and the pilot localities is not close enough,<br />

especially pilot budget arrangement for the provinces.<br />

What is monitored/ measured already?<br />

• Information from box 20 and the information in the first bullit above<br />

What needs to monitored/measured in the future?<br />

• Number of provinces having clearly defined principles, calculation method and<br />

procedure for paying for forest environmental service.<br />

• Number of organizations, households who are entitle to get payment for forest<br />

environmental service provided, but payment has not been made.<br />

• Number of provinces having clearly defined area providing forest<br />

environmental services.<br />

• Number of provinces having clearly defined forest status with “K” – pay<br />

coefficient.<br />

• Number of provinces having clearly defined in-the-field forest boundaries of<br />

organizations and households providing forest environmental service.<br />

3.3.6. Forestry finance<br />

Box 21: Status of forestry finance<br />

• Decision 147/2007/ QĐ-TTg dated 10/9/2007 issued by the prime<br />

minister for production forest development.<br />

• Circular 02/2008/TTLT-BKH-NN-TC dated 23/6/2008 jointly issued by<br />

MPI, MARD, and MOF on guidelines for implementation of Decision<br />

147/2007/ QĐ-TTg dated 10/9/2007<br />

• Decree 05/2008/NĐ-CP dated 14/1/2008 issued by the government on<br />

establishment, management and use of fund for forest protection and<br />

development.<br />

• Decision 114/2008/QĐ-BNN dated 28/11/2008 issued by MARD on<br />

establishment of fund for forest protection and development.<br />

• Law on natural resources tax 2009.<br />

ISSUES TO BE ADDRESSED:<br />

43


Decision 147/2007/ QĐ-TTg dated 10/9/2007<br />

• Article 12 of Decision No 147 is about funding for local budgets Funds are<br />

collected from e.g.: (a) standing tree selling, (b) forest resources tax, (c)<br />

money collected from punishments for violations of laws on forest protection<br />

and development, (d) environment protection fee, (e) fee from hydraulic<br />

power plants to make local budget for production forest development. This<br />

article is not feasible, because:<br />

o Collection from hydraulic power plants is only paid for protecting<br />

watershed forest,<br />

o Standing tree selling money and resource tax collection is not sufficient<br />

(small) to manage and protect the trees and the forest,<br />

o Environment protection fee must be approved by the Government, and<br />

o Money collection of from administrative punishment is mainly put to<br />

local-government budget for other-than-forest purpose and the rest<br />

only can cover some cost of forest protection activities done by the<br />

forest rangers and collaboration with the other forest protection bodies.<br />

• Decision No 147 stipulates total investment for implementation of the decision<br />

is 40,000 billion VND, in which contribution from all economic sectors is<br />

31,000 billion VND, contribution from central government budget is 8,000<br />

billion VND and contribution from local government budget is 1,000 billion<br />

VND. However, in reality contribution for implementation of this decision from<br />

the central government budget hardly reaches amount of 1,000 billion<br />

VND/year.<br />

• For credit policy: Only Vietnam Forest Product Corporation (VINAFOR) and<br />

Vietnam <strong>Paper</strong> Products Corporation (VINAPACO) can access the<br />

concessionary loans. For other enterprises, family households and individuals<br />

who are planting production forest, so far, the access to this kind of credit is<br />

impossible.<br />

What is monitored/ measured already?<br />

• Budget information under second bullit.<br />

What needs to monitored/measured in the future?<br />

• Number of provinces collecting standing-tree fee.<br />

• Amount of money that forest sector receive from national budget.<br />

• Amount of money that forest sector receive from provincial budget.<br />

• Number of households having access to preferential credit for forestry<br />

activities.<br />

Vietnam fund for forest protection and development<br />

• Vietnam Fund for Forest Protection and Development (VN FFPD) is still is not<br />

operating, as there is no financial resources: it is stipulated that the state<br />

budget supports the fund 100 billion VND as soon as it is established, but so<br />

far it is not sufficient in spites of the fact that 2 years gone after the fund<br />

establishment;<br />

• There is no mechanism to mobilize willingly contribution of international<br />

organizations; organizations, individuals in country and outside the country;<br />

44


• The provincial fund for forest protection and development (FFPD) is not<br />

established there is no guidance from MARD how to get resources for the<br />

fund. Many provincial DARDs have submitted proposals to PPCs requesting<br />

for establishment of the fund, but so far almost is still unsolved.<br />

What is monitored/ measured already?<br />

• Amount of money invested in forestry.<br />

What needs to monitored/measured in the future?<br />

• Size of the National Forest Protection and Development Fund.<br />

• Number of organizations, individuals providing contributions to the National<br />

Forest Protection and Development Fund.<br />

• Amount that organizations and individuals contributed to the National Forest<br />

Protection and Development Fund.<br />

• Number of provinces established provincial forest protection and development<br />

fund and set up the fund management system.<br />

Law on natural resources tax 2009:<br />

• Tax rate of timber class I and II is higher than all metal mineral and non metal<br />

ones, coal, and natural gas, and from 4 to 7 times higher than tax rate of<br />

natural sea products. Timber is a natural renewable resource, therefore<br />

charge it at a tax rate higher than that of non renewable resources is not<br />

accurate/fair.<br />

• Too high tax rate promotes illegal logging, especially illegal logging of highvalue<br />

timber from natural forest.<br />

What is monitored/ measured already?<br />

What needs to monitored/measured in the future?<br />

• Total amount of natural-resource tax paid by forest companies.<br />

• Total amount of natural-resource tax paid by households.<br />

3.4. Program “Forest Products Processing and Trade”<br />

Box 22: Tasks of Program “Forest Products Processing and Trade”<br />

a) Reorganize the wood and NTFP processing industries in order to match<br />

the production capability with the sustainable raw material supply sources.<br />

b) Strengthen the production capacity of forest product processing industry to meet<br />

the basic demands for domestic consumption and for export, which are:<br />

• Total capacity of sawn timber: 6 million m3/year<br />

• Particle board: 320,000 m3 of products/year<br />

• MDF board: 220,000 m3 of products/year<br />

• Value of exported wood products: 7.0 billion USD (3.5 million m3 of<br />

products)<br />

• NTFPs for export: 0.8 billion USD<br />

c) By 2020, NTFPs will become one of the main production commodities,<br />

45


accounting for more than 20% of the total value of forestry production, the<br />

average exported NTFP value will increase 15-20%, attracting 1.5 million<br />

laborers and incomes from NTFPs will comprise 15-20% of the rural household<br />

economy.<br />

Box 23: Status of legal regulation for timber processing and trade<br />

Timber processing and timber trade is governed by Circular 35/2011/TT-<br />

BNNPTNT, dated 20 May 2011, of MARD on timber and NTFP harvesting;<br />

Decision 44/2006/QĐ dated 01 June 2006, of MARD, on managing and using<br />

for-harvesting- timber-mark hammer and forest protection hammer; Decision<br />

59/2005/QĐ-BNN dated 10 October 2005 of MARD, on timber and forest<br />

products control.<br />

ISSUES TO BE ADDRESSED:<br />

• Control system for timber supply chain ensuring timber legality in line with<br />

FLEGT and Lacey Act requirement.<br />

• There is lacking of an official and comprehensive study on domestic timber<br />

consumption and its market.<br />

What is monitored/ measured already?<br />

• Annual export value of timber products.<br />

• Annual import value of imported timber material.<br />

What needs to monitored/measured in the future?<br />

• Total number of wood processing companies.<br />

• Number of wood processing companies having timber product exporting<br />

business.<br />

• Number of companies importing timber to Vietnam.<br />

• Volume of from-natural-forest imported timber.<br />

• Volume of from-plantation-forest imported timber.<br />

• Volume of from-domestic-plantation processed into timber products for export.<br />

• Volume of exported wood chip.<br />

• Total volume and value of exported timber products.<br />

3.5. Planning and decision-making processes<br />

46


3.5.1. Forest governance cycle<br />

Sustainably<br />

FOREST<br />

managed forest<br />

GOVERNANCE<br />

& forestry<br />

1 2<br />

Implementation,<br />

Enforcement<br />

and compliance<br />

6<br />

Policy, legal,<br />

institutional<br />

and regulatory<br />

framework 3<br />

Good<br />

Forest<br />

governance<br />

monitoring<br />

5<br />

Bad<br />

Planning &<br />

decision<br />

making process<br />

4<br />

Figure 05: Forest governance cycle<br />

Figure 05 roughly describes forest governance cycle, from three-pillar-relationship<br />

point of view, including planning and decision making process (step 4) producing<br />

policy, legal, institutional and regulatory framework (step 3). Implementation of<br />

policy, legal, institutional and regulatory framework in practice (step 6) brings results<br />

and impact of forest governance (step 1) leading to sustainably managed forest and<br />

forestry (step 2). Besides of that demand from sustainable forest management and<br />

sustainable development of forestry generates needs for new or revision of current<br />

policy, legal, institutional and regulatory framework. In fact the demand generates<br />

inputs for planning and decision making process (step 4). Apart from that monitoring<br />

implementation of the policy, legal, institutional and regulatory framework (step 5)<br />

can bring two kinds of results. If the result is good then current policy, legal,<br />

institutional and regulatory framework can continue. If the result is bad which means<br />

that the implementation of the policy, legal, institutional and regulatory framework<br />

creates bad or negative impacts, then the framework must be revised or a new one<br />

needs to be issued, which generates inputs for step 4 of the process.<br />

3.5.2. Planning and decision making process at national level<br />

47


The planning and decision making process is defined in Law number 17/2008/QH12,<br />

dated 03/06/2008 and consists of steps as follows:<br />

• Needs assessment: Occurrence of needs (new or revision) on policy, legal,<br />

institutional and regulatory framework can be identified by forest governance<br />

practice (found by local people/organizations, found by researchers, found by<br />

working visits, etc).<br />

• Description of need and its rationale: Organization who found the need should<br />

clearly describe the need and its rationale to have new or revised policy, legal,<br />

institutional arrangements.<br />

• Need approved and put into plan: After proven, need will approved and put<br />

into plan to develop new or revise current policy, legal, institutional and<br />

regulatory framework of relevant institutions, organizations (ministries,<br />

government, etc). The plans are reviewed at operational meeting of those<br />

institutions, organizations.<br />

• Development of policy, legal, institutional and regulatory framework and<br />

consultation with stakeholders: Unit who is assigned to develop or revise<br />

policy, legal, institutional and regulatory framework has to develop and get<br />

consultation from stakeholders.<br />

• Monitoring implementation of the plan: Plan to develop or revise policy, legal,<br />

institutional and regulatory framework is reviewed at every operational<br />

meeting of the concerned institutions, organizations. The assigned units must<br />

report progress and result of their works at the meetings.<br />

• Issuance of new or revised policy, legal, institutional and regulatory framework<br />

: After the regulation is developed or revised, it must go through consultation<br />

process with stakeholders, before official issuance by authorized bodies.<br />

It is very clear that (i) quality of finding, describing, identifying the need of new or<br />

revised policy, legal, institutional and regulatory framework, and (ii) quality of<br />

consultation of stakeholders are crucial for getting good policy, legal, institutional and<br />

regulatory framework for forest governance.<br />

Other institutional and regulatory arrangements follow procedure similar to one<br />

mentioned above.<br />

FSSP and the planning and decision making process for policy, legal, institutional<br />

and regulatory framework<br />

FSSP has created many fora, where Government of Viet Nam and international and<br />

domestic partners could exchange information on scientific technology,<br />

management, institutions and policies relating to forestry at national, regional and<br />

global scale. Through information sharing and policy dialogue fora, FSSP has<br />

definitely made remarkable contributions on important issues of the forest sector of<br />

Viet Nam, such as in development of Forest Protection and Development Law 2004,<br />

development and implementation of National Forestry Strategy 2001 – 2010, and<br />

Viet Nam Forestry Development Strategy 2006 – 2020, and other legal documents of<br />

the sector.<br />

What is monitored/ measured already?<br />

•<br />

48


What needs to monitored/measured in the future?<br />

• Number of needs assessments executed before new policy.<br />

• Number of initiatives on policy, legal, institutional and regulatory framework to-<br />

MARD proposed by FSSP.<br />

• Number of initiatives on policy, legal, institutional and regulatory framework to-<br />

MARD proposed by FSSP considered by MARD.<br />

• Number of initiatives on policy, legal, institutional and regulatory framework to-<br />

MARD proposed by Forestry Regional Network, FSSP.<br />

• Number of initiatives on policy, legal, institutional and regulatory framework to-<br />

MARD proposed by Forestry Regional Network, FSSP considered by MARD.<br />

• Number of initiatives on policy, legal, institutional and regulatory framework to-<br />

MARD proposed by organizations, individuals (including civil society).<br />

• Number of initiatives on policy, legal, institutional and regulatory framework to-<br />

MARD proposed by organizations, individuals (including civil society),<br />

considered by MARD.<br />

• Number of monitoring implementation reports.<br />

• Number of reports on consultations after issuance of new or revised policy,<br />

legal, institutional and regulatory framework.<br />

3.5.3. Planning and decision making at provincial and local level<br />

The inventory for forest for management and protection is generally prepared by<br />

provincial agencies, while the preparation of both a short and medium-term plan is<br />

assigned to authorized organizations at district and commune levels based on the<br />

provincial master plan.<br />

Forest land planning and use specification were clearly indicated in the Land Law<br />

2003, Decree 181/NĐ-CP, and Circular 30 issued by the Ministry of Natural<br />

Resources and Environment (MONRE).<br />

ISSUES TO BE ADDRESSED:<br />

• The development of an inventory for forest protection and management<br />

mainly depended on professional organizations and statistics data, rarely<br />

involving local people and organizations at district and commune levels. As a<br />

consequence, the feasibility of a forest plan was limited. Concerning the<br />

decision making of how to record the annual volume of logged timber and<br />

changing of land-use purposes, national and provincial agencies are the ones<br />

who formulate and make every decision with little consultation from district<br />

and commune-level organizations.<br />

• The cooperation among in-charge agencies in the vertical axis (from<br />

provincial to district and commune levels) and among ones in horizontal axis<br />

(between professional departments at the same level as provincial and<br />

district) is not always good. This was proved when a large area of forest land<br />

in the Central Highlands was changed into rubber plantations, which was not<br />

indicated in the forest sector’s plan for the 2006-2010 period. The interviews<br />

with the leaders of the provincial forest sector (during the review meeting of<br />

the Central Highlands forestry network on 9 September 2011) indicated that<br />

the decision to change the natural poor forests into rubber plantations was<br />

made in haste, and thus did not receive support from the grass root level.<br />

49


There was even some feedback that went against the decision, especially<br />

those residing in the forest sector. The statistics show that in 2007, the PPC<br />

of Gia Lai province allocated more than 73,000 ha of forest to forest<br />

enterprises in order to convert this forested land to rubber plantations. From<br />

2007 to 2011, Kon Tum and Dak Lak provinces allocated 47,000 ha and<br />

35,000 ha of forested land to forest enterprises to convert the plots into rubber<br />

plantations. Most of these rubber plantations were managed by state<br />

companies or corporations, not by local people.<br />

• Furthermore, there was a lack of transparency in every stage of decisionmaking<br />

process. A specific decision may be well received by one professional<br />

discipline (rubber production), while it failed to get support from the other field<br />

(forestry sector). The report on rubber plantation development by 2010,<br />

created by the Gia Lai People’s Council, pointed out several constraints of this<br />

policy. “Changing natural poor forests into rubber plantations in Gia Lai<br />

province was not a careful decision, which lacked of comprehensive field<br />

research, which resulted in the circumstance that not much land was allocated<br />

for planting rubber compared to its land potentials” (from Baogialai.com.vn).<br />

• The provincial and district policies and regulations on forest and forest land<br />

use were mainly based on ones from the national level. Most of documents<br />

released by provincial agencies were guiding papers which clarified national<br />

policies, not their own initiatives or policies. There was not much ownership or<br />

initiative at the provincial and district levels because they were not<br />

empowered in the decision-making process, even if those decisions were<br />

directly related to their local needs. This indicates that participatory<br />

approaches were rarely used at the local level.<br />

• When asked to point out some constraints of national policies and regulations,<br />

most interviewees could not indicate them distinctly. In general, there were no<br />

serious mistakes in the forestry sector’s policies and regulations (in terms of<br />

clarity of words, and general orientation). However, discussions on the<br />

implementation of policies brought about a number of various, different ideas.<br />

In short, the research team found out that there was a big gap in policy<br />

implementation compared to what was stated by the policy itself. This gap<br />

was due to the low feasibility and effectiveness of the policies because once<br />

the state policies were made without adequate consultation from relevant<br />

stakeholders and local people, they could not create a substantial effect.<br />

What is monitored/ measured already?<br />

• Number of ha converted from forest to rubber plantations.<br />

• Number of the state companies and the private companies involved in the<br />

rubber plantation.<br />

• Total amount of investment to rubber plantation and potential number of job<br />

created by planting rubber according to the reports from companies.<br />

• The process of rubber planting after clearing forest/vegetation in comparison<br />

with the plan.<br />

What needs to monitored/measured in the future?<br />

• Who are the owners of rubber plantations.<br />

• How many local and poor households allocated land for rubber plantation.<br />

• How many jobs are created by this program.<br />

50


• Impacts of conversion from forest to rubber plantation on biodiversity loss,<br />

and vulnerable group especially ethnic minorities and the poor.<br />

3.6. Implementation, enforcement and compliance<br />

3.6.1. Implementation, enforcement and compliance at national level<br />

Normally the issued legal regulation contains a provision on its implementation<br />

where specifies who is mandatory to implement it and when. After that, depending<br />

on the issued legal regulation itself, a written guideline in form of anther legal<br />

regulation (e.g. circular) or administrative letter will guide how to implement the<br />

issued legal regulation. And in many cases, trainings on the issued legal regulation<br />

implementation are taken place.<br />

The implementation of the issued legal regulation is also reported in operation<br />

meetings to aim (i) for right implementation of the regulation and find opportunities<br />

for improvement of its implementation or gaps that need to be addressed by its<br />

possible revision or even by possible issuing new regulation like described in the<br />

<strong>FGM</strong> cycle (figure 05).<br />

What is monitored/ measured already?<br />

• Number of forest-related legal regulations newly issued.<br />

• Number of forest-related legal regulations withdrawn (out of effectiveness).<br />

What needs to monitored/measured in the future?<br />

• Number of feedbacks on implementation of legal regulations from Forestry<br />

Regional Network, FSSP to MARD.<br />

• Number of feedbacks on implementation of legal regulations from Forestry<br />

Regional Network, FSSP to MARD, considered by MARD.<br />

• Number of feedbacks on implementation of legal regulations from<br />

organizations, individuals (including civil society) to MARD.<br />

• Number of feedbacks on implementation of legal regulations from<br />

organizations, individuals (including civil society) to MARD, considered by<br />

MARD.<br />

3.6.2. Finance at provincial and local level<br />

Normally the issued legal regulation contains a provision on its implementation<br />

where specifies who is mandatory to implement it and when. After that, depending<br />

on the issued legal regulation itself, a written guideline in form of anther legal<br />

regulation (e.g. circular) or administrative letter will guide how to implement the<br />

issued legal regulation. And in many cases, trainings on the issued legal regulation<br />

implementation are taken place.<br />

The implementation of the issued legal regulation is also reported in operation<br />

meetings to aim (i) for right implementation of the regulation and find opportunities<br />

for improvement of its implementation or gaps that need to be addressed by its<br />

possible revision or even by possible issuing new regulation like described in the<br />

<strong>FGM</strong> cycle (figure 05).<br />

51


At the provincial level, the Department of Agriculture and Rural Development<br />

(DARD), together with Forest Protection Sub-Department and Forestry Sub-<br />

Department, which belong directly to DARD, are key agencies in charge of state<br />

management of forest activities. Though placed under the management of technical<br />

and professional aspects from MARD, most of the forestry activities at provincial,<br />

district and commune levels are coordinated by the policies enforced by the<br />

provincial people’s committee (PPC).<br />

ISSUES TO BE ADDRESSED:<br />

• The annual publication of exploited timber, as well as projects pertaining to<br />

afforestation and forest development, which use the provincial budget, have<br />

shown that although most of forest policies are carried out at provincial and<br />

district levels, there is usually a lack of staff members to perform the assigned<br />

tasks. The number of permanent staff members is based upon the decisions<br />

made by the provincial Department of Home Affairs and the PPC.<br />

• Another interesting finding is that DARD cannot be active in recruiting staff to<br />

carry out the required assignments. Concerning the preparation of provincial<br />

forest production and development plan, DARD is often assumed to be the<br />

agency in charge of plan development, which in turn would be submitted to<br />

the PPC. However, due to technical requirements, the final decision actually<br />

depends greatly on the provincial Department of Finance. The cooperation<br />

between these organizations is not always good, which can create difficulties.<br />

The forestry sector is often less active than it would like to be, especially<br />

under the implementation of its sector plan, due to the dependency on budget.<br />

• This difficulty happens even when the income generated from forest, which in<br />

principle would be used for forest protection and care, cannot be accessed by<br />

the forest sector. This amount of money often goes to the State of Treasure<br />

first, then is allocated through the provincial Department of Finance, based on<br />

its annual budget plan. This creates unnecessary paper work, time-consuming<br />

procedures and roots of bad practices.<br />

• The stagnation in budget allocation causes a delay in planting forests,<br />

resulting in the slow progress of forest development, and bad quality of<br />

plantations. However, those reports failed to explain the reasons for the delay,<br />

which organizations are now blamed for, and consequences in terms of profit<br />

losses and what should be done to fix the problem.<br />

What is monitored/ measured already?<br />

• Number of staff members at local and provincial level.<br />

• Procedures for budgeting and budget flows based on the regulation of<br />

Ministry of Finance or the PPC at provincial level.<br />

• Annual forest plantation and forest protection area plan based on the existing<br />

forested area and land available for plantation.<br />

• Annual report of forest production, forest protection area including the number<br />

of forest law violation cases.<br />

• Annual forest production turnover including domestic production and exporting<br />

forest products.<br />

52


What needs to monitored/measured in the future?<br />

• Income generated from forest sector of domestic and exporting forest<br />

products.<br />

• Budget allocation and actually transferred funds to the forestry sector based<br />

on the real demand from grass root level, such as the number of forest area<br />

must be protected, the available barred land for forest plantation.<br />

• Number of staff really function well and appropriate with their educated<br />

background and assessment of their performance based on the results of<br />

assigned tasks as well as the feedback from their counterparts at all level.<br />

This measure the accountability of the civil servants downward the local<br />

population and upward to the policy level.<br />

• Training needs assessment should be conducted by the third party in the link<br />

with real demand of forestry sector and the long term education strategy of<br />

forest university and colleges. This assessment also reflects how many<br />

percent of educated student got proper job with their background, and the<br />

number of new staff appointed proper position in the forestry organizations.<br />

• The cost-benefit analysis for the forest production and forest protection if the<br />

budget allocating to the forestry sector delayed.<br />

• Policy analysis for the current mechanism of budgeting process and budget<br />

follows inside and outside forestry sector in order to point out which steps<br />

should be skipped so as to save time and reduce transaction cost.<br />

3.6.3. Forest land management and allocation at provincial and local level<br />

For the field of forest and forest land management, Decision 245/QĐ, enforced by<br />

the Prime Minister in 1998, stated that at the provincial level, “the<br />

chairman/chairwoman of PPC is responsible for reporting to the Prime Minister on<br />

forest and forestry land use, protection and development in the province. DARD is<br />

assigned to assist PPC in carrying out the state management of forest and forest<br />

land. The provincial Department of Forest Protection (FPD) is responsible for<br />

inspecting and monitoring the implementation of laws regarding forest protection and<br />

development within the provincial area. In particular situations, the FPD is<br />

encouraged to cooperate with army and public security forces in the province to<br />

establish a forest patrol, arrest forest violators, and fight against forest fire. The<br />

provincial Department of Land Administration is assigned to help PPC carry out the<br />

state management of forest land” (extracted from Decision 245).<br />

At the provincial level, the PPC is responsible for forest land allocation (FLA) and<br />

issuance of land use right certificates for institutes and organizations, and the district<br />

people’s committee is associated with assignments for individuals, households and<br />

community groups. The Department of Natural Resources and Environment is the<br />

advisory agency in charge of paper work for FLA process.<br />

The Decision 245/QD on the state management of forest and forestry land, which<br />

should be carried out by commune people’s committee (CPC) indicates that:<br />

The chairman/chairwoman of commune people’s committee is responsible for<br />

reporting to the chairman/chairwoman of the district people’s committee about forest<br />

protection and management, and forest land use within the area of its commune.<br />

a) Management of forest and forested land occur within a commune’s area, in<br />

terms of the list of forest owners, forest area and borders, forest land<br />

allocation (FLA) papers, forest protection contracts, rehabilitation and<br />

53


afforestation activities among organizations, households and individuals in the<br />

commune.<br />

b) There will be instructions given to villages and communities in order to<br />

prepare and carry out the rules on forest protection and management; and<br />

planting forests for use which should be in line with current regulations.<br />

c) Based on the district’s inventory and plan, the CPC is in charge of making<br />

plans and checking inventory for forest protection and development, forest<br />

land use; preparing the FLA options, which should be first sent to the<br />

commune people’s council for their comments, and then submitted to DPC;<br />

and carrying out FLA process among organizations, households, and<br />

individuals according to the instructions of DPC, while setting the landmarks in<br />

the field among forest owners.<br />

d) Keeping records of forest and forested land change in order to write reports<br />

for the authorized organizations; regularly inspecting forests and forested land<br />

use by organizations, households and individuals in the commune.<br />

e) Cooperating with forest rangers, public security and army forces, and<br />

communities to protect forests in the commune, efficiently preventing any<br />

action that many lead to destroying forests.<br />

f) Making awareness campaigns on forest fire control, and involving relevant<br />

organizations and security forces to assist forest owners to fight against forest<br />

fires in the commune.<br />

g) Distributing fines to any violations against forest protection and management<br />

policies based upon legalized rights and responsibilities.<br />

h) Solving any disputes about forest and forested land within the commune area.<br />

(Extracted from Decision 245/QĐ-TTg)<br />

Issues that need attention:<br />

• The field trips in two provinces showed that the majority of field inventory and<br />

measurement and a part of FLA paper work were carried out by forestry<br />

organizations (Forest Companies, provincial Forest Inventory and Planning<br />

Institutes). Another fact found in the areas visited by researchers was that the<br />

management of forest and forest land allocation was not given adequate<br />

attention by the authorized organizations. This management task is not even<br />

considered as an official and regular assignment. Instead, it is only performed<br />

if there is an evaluation and inspection mission.<br />

• Most forest companies in the Central Highlands have not been given land use<br />

right certification for the land areas that they have been cultivating and<br />

managing since their date of establishment. One of many reasons for this is<br />

that those companies could not afford the fees of issuance of a land use right<br />

certificate. This obstacle made those companies fail to access bank loans for<br />

their production development. This difficulty has existed for a long time, right<br />

from the date when the Decision on reforming state forest enterprises came<br />

into effect (Decision 187/QĐ-TTg 1999, and later revised one 200/NĐ-CP<br />

2004).<br />

• The management of forest and forest land at the district level, by the time the<br />

research group carried out this study, was based on Decision 245/QĐ-TTg,<br />

also enforced by the Prime Minister in 1998, on decentralization within forest<br />

management. In reality, there has been no document/paper instructing the<br />

responsibilities and rights of forest activities. As a consequence, a couple of<br />

organizations at district level were not consulted during the process of project<br />

54


design and development relating to changing land use purposes, including<br />

forest land. It can be understood that though districts and communes are<br />

greatly associated with forest management within their area, they did not play<br />

a role in the decision making process. They did not have a budget for carrying<br />

out activities and lacked staff to carry out assignments. In general, Decision<br />

245 failed to bring its effect and significance of decentralization of forest<br />

management into life. However, it has been ten years since the the Decision<br />

was issued, and no official evaluation has been made to figure out the effect<br />

of this Decision.<br />

• In order to carry out all the above-mentioned assignments (ranging from” a” to<br />

“h”), there must be enough permanent staff members at CPC. However, most<br />

of those assignments were not implemented at the communal level. The<br />

reason being that only forested communes where a “ forest team’’ was set<br />

up were able to perform the tasks. The team members included a vicechairman/chairwoman<br />

of CPC, who often took the position of team leader,<br />

head of commune public security force, and some other members from army<br />

groups. Still, the team leader was often the only person to receive a monthly<br />

allowance of around VND 80,000. Though the CPC had to carry out the state<br />

management of forests in its area, they did not receive salary, and could not<br />

make decisions if any problems arose. For instance, if the commune forest<br />

team established a forest patrol and discovered a case of illegal logging, they<br />

would confiscate the tools and illegal timber, and bring them all to CPC’s<br />

venue. However, all the illegal timber would be sold by another authorized<br />

district agency (District Section of Forest Protection and District Department of<br />

Finance). The profit gained from selling the illegal timber was out of the<br />

control of the CPC and the CPD was left to pay the forest patrol fees and<br />

collect the illegally logged timber. This left the CPC unmotivated to protect the<br />

forests because they did not make any profit.<br />

What is monitored/ measured already?<br />

• Number hectares of forest and land allocated to the state forest companies,<br />

local people and communities and its existing land use.<br />

• The roles and responsibilities for forest management at all levels province,<br />

district and commune indicated in Decision 245/TTg.<br />

• The volumes of timber logged yearly based on the demand of the province<br />

which approved by People Council Committee and MARD at central level.<br />

• The total area of new plantation made from government funding sources<br />

(normally from state forest companies for production forest, and state budget<br />

for protection forest), and the number of tress planted scatter of the year.<br />

• Number hectares of deforestation and forest fire around the year in the<br />

province.<br />

What needs to monitored/measured in the future?<br />

• Information on amounts obtained by selling illegally logged timber.<br />

• The effectiveness of forest and land used by state forest companies.<br />

• Number of state forest companies got land certificate (red book), and how<br />

many of them can mortgaged it for loan from the bank.<br />

• Information from assessment of allocated forestland to the local people and<br />

communities.<br />

• The area of new plantation made by the private sector and individuals.<br />

55


• Analysis and impact assessment of forestland allocation policy and the<br />

performance at province, district and commune level to explore how the<br />

policies, regulations functioning on the ground.<br />

• Information of feedback from district, and commune level about the<br />

implementation of Decision 245/TTg in term of forest management<br />

decentralization process.<br />

3.6.4. Coherence and cooperation at local and provincial level<br />

The cooperation among relevant organizations in carrying out state policies within<br />

the vertical axis was relatively good, as indicated by most of the interviewees and<br />

discussion groups. Nevertheless, the cooperation among agencies in the horizontal<br />

axis still faced a great deal of challenges. For instance, there were a lot of<br />

differences in the forest resources and land data recorded by DARD and provincial<br />

Department of Natural Resources and Environment (DONRE). When asked about<br />

the differences, these two agencies gave reasonable explanations based on their<br />

own viewpoints.<br />

What is monitored/ measured already?<br />

• The guidelines, and policy direction mentioned generally about cooperation,<br />

collaboration among government organizations, departments during carrying<br />

out the policies.<br />

• Number of committees mixed members from different department to regulate<br />

certain projects and programs for forest development.<br />

What needs to monitored/measured in the future?<br />

• Transparent of policy development process including budgeting and cost<br />

benefit analysis for all forest management and development project with<br />

cleared tasks and responsibility of each actors involved.<br />

• Number of time that head of different department have meeting to deal with<br />

crucial issues happening in the province, and district levels.<br />

• The information/data jointly published by two or more government agencies.<br />

• Frequency of the regular meetings, and the ad hoc meeting held among the<br />

departments at province level.<br />

3.6.5. Staff capacities at provincial and district level<br />

Concerning the capacity of local forestry organizations, results from interviews and<br />

group discussions indicated that provincial agencies/organizations were well trained<br />

and capable of completing their tasks. Each professional discipline was managed by<br />

given organizations and agencies. Provincial staff members often received good<br />

training based on the human resource development strategy of forest sector.<br />

Issue that needs attention:<br />

• At the district and commune levels, staff members were not qualified enough.<br />

Moreover, there were not sufficient numbers of staff working for the forest<br />

sector. This was because of a budget shortage and preparations for<br />

permanent staff members. Another reason was that many people assumed<br />

that the forest sector was not a productive field.<br />

56


What is monitored/ measured already?<br />

• Number of staff working for forestry sector at province, district and commune<br />

level and their education level (technician, engineer, and post-graduation).<br />

• Number of training courses provided to the local staff yearly.<br />

• Number of staff got refreshing courses for their professional.<br />

What needs to monitored/measured in the future?<br />

• Capacity building efforts at district and commune level.<br />

• Percent of new staff appointed proper to their background in forestry sector.<br />

• Training need assessment at district and commune levels.<br />

• Amount of time that staff at district and commune level really involved in<br />

forestry activities rather than the other tasks.<br />

• Information about local educated students come back home to work in<br />

forestry sector and the seasons.<br />

• Job competition and the opportunity for staff working in forestry sector based<br />

on the statistic information in the past (it should be available in the personnel<br />

section of the district).<br />

3.7. Main initiatives relevant to <strong>FGM</strong> in Vietnam<br />

3.7. 1. FLEGT and VPA<br />

FLEGT and VPA is relevant to <strong>FGM</strong> because it is towards transparent and cleanfrom-illegal-timber<br />

supply chain which involve participation of stakeholders from<br />

private sector in timber processing, timber trading (domestic and imported) industry<br />

and forest mangers harvesting timber that joins the timber supply chain. But this<br />

initiative, as mentioned in previous chapter, is in an early stage.<br />

Box 24: Status of FLEGT and VPA in Vietnam<br />

• Vietnam established organizations relevant to VPA negotiation, including<br />

Steering Committee, Negotiation Mission/Technical Working Group,<br />

FLEGT and Lacy Act Standing Office, working groups.<br />

• Completed three important researches, providing input information for the<br />

VPA negotiation and other related activities, including (i) Domestic and<br />

imported timber flows in Vietnam, (ii) Timber legality definition, and (iii)<br />

Stakeholders analysis in Vietnam.<br />

ISSUES TO BE ADDRESSED:<br />

• Complete VPA negotiation and sign VPA by end of 2012.<br />

• Establish and run the timber legality assurance system (TLAS).<br />

What is monitored/ measured already?<br />

•<br />

What needs to monitored/measured in the future?<br />

57


• Number of organizations/individuals trained in FLEGT, VPA, EU Timber<br />

Regulation 995/2010 and Lacey Act.<br />

• Number of organizations/individuals consulted during VPA negotiation/VPA<br />

implementation.<br />

• Number of initiatives/suggestions/requests from organizations/individuals<br />

contributed to VPA negotiation/VPA implementation.<br />

• Number of companies having COC certificate.<br />

• Number of companies having FSC FM certificate.<br />

• Total forest area FSC FM certified.<br />

• Number of organizations/individuals competent to provide consultancy in<br />

timber supply according to COC requirement.<br />

• Number of organizations/individuals competent enough to provide<br />

consultancy in forest management according to FSC FM requirement.<br />

• Number of organizations/individuals trained in TLAS.<br />

• Number of organizations/individuals competent enough to verify timber supply<br />

chain according to TLAS requirement.<br />

• Number of organizations competent enough to do FLEGT licensing for timber<br />

products exported to EU.<br />

• Number of organizations competent enough to conduct independent<br />

monitoring for TLAS.<br />

• Volume of legal/controlled/certified timber imported into Vietnam.<br />

• Number of shipments need to be licensed for export to EU market.<br />

• Number of companies competent enough to get “operator-based licenses” for<br />

their timber products exported to EU market.<br />

• Volume/value of timber products exported to each of 27 countries of EU.<br />

3.7.2. <strong>REDD</strong>+<br />

<strong>REDD</strong>+ is relevant to <strong>FGM</strong> because it is towards sustainably managed forest in<br />

country and also to purpose of preventing leakage. But this initiative, as mentioned in<br />

previous chapter, is also in very early stage.<br />

Box 25: Status of <strong>REDD</strong> in Vietnam<br />

Established:<br />

• National Steering Committee for <strong>REDD</strong>;<br />

• <strong>REDD</strong> Standing Office;<br />

• National <strong>REDD</strong>+ Network;<br />

• Sub-technical working groups (STWG):<br />

o STWG on <strong>REDD</strong> governance (STWG-Governance);<br />

o STWG on measurement, reporting and verification (STWG-MRV);<br />

o STWG on finance and benefit distribution system (STWG-BDS)<br />

o STWG on local implementation of <strong>REDD</strong> (STWG-LI).<br />

ISSUES TO BE ADDRESSED<br />

• National <strong>REDD</strong> program<br />

• <strong>REDD</strong> governance;<br />

• Forest data, forest inventory, data management;<br />

58


• Monitoring, reporting, verification;<br />

• Finance and benefit distribution;<br />

• Implementation of <strong>REDD</strong> at district and community level.<br />

What is monitored/ measured already?<br />

•<br />

What needs to monitored/measured in the future?<br />

• Number of forest companies/forest management boards competent enough<br />

(meeting all conditions) to join <strong>REDD</strong>+.<br />

• Total forest area meeting all conditions to join <strong>REDD</strong>+.<br />

• Number of communities competent enough (meeting all conditions) to join<br />

<strong>REDD</strong>+.<br />

• Number of forest companies, forest management boards having forest area<br />

with defined c-stock.<br />

• Total area of forest having defined c-stock.<br />

• Number of communities having established system for from-<strong>REDD</strong>+ benefit<br />

distribution (BDS).<br />

• Number of provinces having established system for measuring, reporting and<br />

verification (MRV).<br />

• Number of forest companies, forest management boards participate in carbon<br />

voluntary market.<br />

• Total C-stock of Vietnam forest.<br />

• Total amount of money received from <strong>REDD</strong>+.<br />

59


Chapter 4: <strong>FGM</strong> ASSESSED BY 3 PILLARS AND 6<br />

PRINCIPLES – MAIN FINDINGS<br />

During interviews, after discussion about the current status and issues of <strong>FGM</strong>,<br />

interviewees were requested to assess Vietnam <strong>FGM</strong> by using the 3 pillars and the 6<br />

principles of the FAO framework and by giving score rating to each principle in each<br />

pillar. See box 26.<br />

Box 26: Score rating<br />

0 = If there is no sign that <strong>FGM</strong> considers the principle. Score 0 is 0% when<br />

transferred to 100% mark scale.<br />

1 = If there is sign that a minor part of the principle is considered by <strong>FGM</strong>.<br />

Score 1 is 33% when transferred to 100% mark scale.<br />

2 = If there is sign that a major part of the principle is considered by <strong>FGM</strong>.<br />

Score 2 is 66% when transferred to 100% mark scale.<br />

3 = If there is sign that the principle is fully considered by <strong>FGM</strong>. Score 3 is<br />

100% when transferred to 100% mark scale.<br />

Because the principles are not indicators having measurement unit the assessment<br />

of the interviewees is their perception. However, on one side, the interviewees are<br />

experts in their FG and <strong>FGM</strong>-related working area and, on the other side, their<br />

judgment was done after a long discussion with the consultant and on top of that<br />

they had to explain their own score rate by giving their own evidences and<br />

arguments. The evidence and arguments sourced from their own practice, their<br />

working experiences, as well as their expectations how a good FG and <strong>FGM</strong> in<br />

Vietnam should be.<br />

For instance, about the principle “Effectiveness”, person rated it with score 3 argued<br />

that FG and <strong>FGM</strong> is under a national driven process ownership and firm commitment<br />

and a strong political and societal will to manage forests sustainably and to monitor<br />

forest governance with evidence that FG and <strong>FGM</strong> considerably contributed to<br />

increase of the forest cover from 27.2 % in 1990 up to 39.1% in 2009 and millions of<br />

households in mountainous areas received land and thanks to that they got rid of<br />

poverty. But the “Effectiveness” is rated by another interview with score 1 with other<br />

arguments that FG and <strong>FGM</strong> is without integration with the country’s sustainable<br />

development strategies, inter-sectoral approaches, and evidences of weak<br />

effectiveness is problematic conversion of natural forest to rubber plantation and<br />

60


other non-forest purposes, and responsibilities and beneficiary policy for people<br />

managing allocated is not clear enough.<br />

In terms of gathering all possible information on FG and <strong>FGM</strong> in Vietnam, both<br />

people mentioned here provided the consultant with a very good help in getting<br />

multi-vision and multi-experience based information. Therefore with the score rating<br />

for 3 pillars and 6 principles, the consultant at least achieved two purposes: (i) know<br />

how overall <strong>FGM</strong> in Vietnam is seen by the deeply- in-<strong>FGM</strong>-involved people, and (ii)<br />

all arguments and evidences of the interviewees to back their own score rating are<br />

really good ideas and suggestions for how a good <strong>FGM</strong> in Vietnam should be.<br />

Figure 06 describes result of the score rating mentioned above. Following that 27%<br />

of the interviewees rated <strong>FGM</strong> in Vietnam with score 1, while another 62% consider<br />

that the <strong>FGM</strong> is entitle with the score 2, and only 11% of them given the <strong>FGM</strong> the<br />

score 3.<br />

Figure 06: Forest Governance Monitoring – Assessed by Score Rating<br />

Figure 07 reflects result of <strong>FGM</strong> assessment (as mentioned above) by 6 principles.<br />

According to that principle “Transparency” is rated at 56% (56/100 mark) which is the<br />

lowest, from lowest to highest, then follow by “Accountability” and “Participation” both<br />

at 60% (60/100 mark), “Fair/Equity” and “Effectiveness” at 63% (63/100 mark), and<br />

finally and highest is “Efficiency” at 67% (67/100 mark).<br />

61


Figure 07: Forest Governance Monitoring – Assessed y 6 Principles<br />

Data on the figure 07 advise us that if Vietnam wants to improve its <strong>FGM</strong> the<br />

prioritized focus should be more on “Transparency”, (ii) “Accountability” and<br />

“Participation” than other principles.<br />

Figure 08 is scoring result of the pillar 1 “Policy, legal, institutional and regulatory<br />

framework”. The data on the figure shows that 3 principles including “Transparency”,<br />

“Accountability” and “Participation” have the lowest mark 63% (63/100 mark), then<br />

“Efficiency” 67% (67/100 mark) and finally “Fair/Equity” and (Effectiveness” both at<br />

70% (70/100 mark).<br />

Data of pillar 1 assessment once again advise that if Vietnam wants to improve its<br />

<strong>FGM</strong> the prioritized focus should be more on “Transparency”, (ii) “Accountability”<br />

and “Participation” than other principles.<br />

62


Figure 08: Pillar 1 “Policy, legal, institutional and regulatory framework” – Assessed<br />

by 6 principles<br />

Figure 09 describes scoring result of the pillar 2 “Planning and decision making<br />

process” which shows that “Transparency” gets 52% (52/100 mark), “Accountability”<br />

scored at 59% (59/100 mark), are the lowest ones. All three “Effectiveness”,<br />

“Participation”, “Fair/Equity” reached 63% (63/100 mark). And the highest one is<br />

“Efficiency” 67% 67/100 mark).<br />

Data of pillar 2 assessment once again tell us if Vietnam wants to improve its <strong>FGM</strong><br />

the prioritized focus should be more on “Transparency”, (ii) “Accountability” than<br />

other principles.<br />

63


Figure 09: Pillar 2 “Planning and decision making process” – Assessed by 6<br />

principles<br />

In the Figure 10 we can see “Transparency” scored at 52% (51/100 mark) which is<br />

very lowest and very low. This means that if Vietnam wants to improve its <strong>FGM</strong> the<br />

first priority focus should be “Transparency”.<br />

Figure 10: Pillar 3 “Implementation, enforcement and compliance” – Assessed by 6<br />

principles<br />

The Table 01 is overall assessment by scoring whole <strong>FGM</strong> and each pillar by the 6<br />

principles. The data clearly show that the first attention in strengthening <strong>FGM</strong> should<br />

be paid to (i) “Transparency”, (ii) “Accountability”, and (iii) “Participation”.<br />

64


Table 01: Overall assessment by 6 principles<br />

PRINCIPLE <strong>FGM</strong> PILLAR 1 PILLAR 2 PILLAR 3 AVERAGE<br />

Transparency 56% 63% 52% 52% 56%<br />

Accountability 60% 63% 59% 59% 60%<br />

Effectiveness 63% 70% 63% 56% 63%<br />

Participation 60% 63% 63% 56% 60%<br />

Fair/Equity 63% 70% 63% 56% 63%<br />

Efficiency 67% 67% 67% 67% 67%<br />

65


Chapter 5: STRENGTHENING FOREST GOVERNANCE<br />

MONITORING IN VIETNAM<br />

5.1. <strong>FGM</strong> is new for Vietnam<br />

The term of forest governance has not been officially used in the legal documents of<br />

the forestry sector, at least at the provincial, district and commune levels. The targets<br />

in forest monitoring and evaluation, which have been used by the forest sector,<br />

mainly focus on technical aspects such as forest cover, area of plantation forests,<br />

and volume of logged timber. Meanwhile, there is still a lack of targets relating to the<br />

transparency in policy making, the extent of involvement in forest activities, or<br />

gender equity in forest land allocation. There are no specific policies and regulations<br />

for forest governance monitoring, nor implementation instruction at the local level.<br />

The results from the interviews conducted in Dak Lak and Thua Thien Hue provinces<br />

indicated that the annual report from the forest sectors contains a great deal of<br />

information on forest governance, nevertheless the information is general and lack<br />

specific targets, foundation and a performance guide.<br />

5.2. Current indicator systems for Vietnam forest sector<br />

Current indicator systems for Vietnam forest sector are structured as a pyramid. At<br />

national level, indicators are the highest synthetic mode. From national level down to<br />

sectoral, provincial, and local level those indicators split off to detailed indicators.<br />

5.2.1. Indicators of the General Statistics Office (GSO)<br />

The GSO indicator system is formed in line with the Decision 305/2005/QDTTg,<br />

dated 24 November 2005 of the Prime Minister. This system consists of 24 groups of<br />

indicators. Forest sector indicators belong to group number 9 (agricultural and<br />

fishery indicators according to Vietnam classification) which includes 17 indicators,<br />

namely from 0901 to 0917. But there are only 3 indicators for the forest sector which<br />

are: Production value of forestry-0901, area of newly planted forest-0912, and<br />

volume of harvested timber-0913.<br />

5.2.2. Indicator system of MARD<br />

MARD indicator system is formed according to Decision 71/2006/QD-BNN of MARD<br />

dated 14 September 2006, containing 19 groups with 231 indicators including 18<br />

indicators for the forest sector, classified in group 3. See table 02.<br />

Table 02: 18 indicators of MARD for the forest sector<br />

No<br />

Indicator Name<br />

Time<br />

period of<br />

reporting<br />

Organization<br />

leading in &<br />

reporting<br />

Information<br />

source<br />

A B D E F<br />

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45<br />

Current status of<br />

forest land<br />

Year FPD PFPD<br />

46 Area of current forest<br />

Year/5<br />

years<br />

FPD/FIPI<br />

PFPD/FIPI<br />

48 Forest cover Year FPD PFPD<br />

49 Area of lost forest Month FPD PFPD<br />

50<br />

Forest<br />

force<br />

protection<br />

Year FPD PFPD<br />

51<br />

Ratio of special-use<br />

forest conserved<br />

Year FPD PFPD<br />

52<br />

List of rare and<br />

endanged of forest<br />

plants and animals<br />

Year FPD PFPD<br />

53<br />

Timber<br />

stock<br />

standing<br />

5 years DoF FIPI<br />

54<br />

Area of newly planted<br />

forest<br />

Month<br />

DoF<br />

PDoF,<br />

DARD<br />

55<br />

Area of planted forest<br />

after harvesting<br />

Month<br />

DoF<br />

PDoF,<br />

DARD<br />

56<br />

Area of forest under<br />

enrichment<br />

Month<br />

DoF<br />

PDoF,<br />

DARD<br />

57<br />

Area of forest under<br />

enrichment became<br />

forest<br />

Month<br />

DoF<br />

PDoF,<br />

DARD<br />

58<br />

Number of scattered<br />

planted trees<br />

Quarter<br />

DoF<br />

PDoF,<br />

DARD<br />

59<br />

Area of forest under<br />

protection<br />

Month<br />

DoF<br />

PDoF,<br />

DARD<br />

60<br />

Volume of harvested<br />

and forest products<br />

harvested<br />

6 months DoF<br />

PDoF,<br />

DARD<br />

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61<br />

Area of clear-cut<br />

plantation<br />

Year<br />

DoF<br />

PDoF,<br />

DARD<br />

62<br />

Volume, industrial<br />

value of timber and<br />

other forest products<br />

processing<br />

6 months DoF<br />

PDoF,<br />

DARD<br />

63<br />

Investment<br />

sylvicultural works<br />

in<br />

Year<br />

DoF<br />

PDoF,<br />

DARD<br />

5.2.3. Indicator system to monitor implementation of Vietnam Forestry<br />

Development Strategy 2006-2010 of VNFOREST, MARD (see table 03)<br />

Table 03: List of 72 forest-sector indicators (FOMIS)<br />

No CODE INDICATOR<br />

1. OVERALL OBJECTIVE AND IMPACTS INDICATORS<br />

1 1.1 Existing forest areas FPD<br />

2 1.2 Forest cover FPD<br />

3 1.3<br />

Gross domestic product (GDP) contributions from the forest<br />

sector<br />

GSO<br />

4 1.4 Poverty rate of forested areas GSO<br />

2. SPECIFIC OBJECTIVE INDICATORS<br />

2.1 Economic objectives and outcome indicators<br />

5 2.1.1 Gross forest output value GSO<br />

6 2.1.2 The structure of forest output value GSO<br />

7 2.1.3 Timber volume FIPI<br />

8 2.1.4<br />

Investment in forestry at current and constant price by<br />

ownership<br />

Future<br />

9 2.1.5 Profit from planting 1 ha of forest Future<br />

2.2 Social objectives and outcome indicators<br />

10 2.2.1 Number of poor communes under Program 135 CoITS<br />

11 2.2.2 Area of allocated and leased forestland MoNRE<br />

12 2.2.3 Average monthly income per capita GSO<br />

13 2.2.4<br />

Number of annual jobs in forestry (created by the Program 661<br />

and wood processing sector)<br />

2.3 Environmental objectives and outcome indicators<br />

DoFD<br />

14 2.3.1<br />

No. of forest fauna and flora species that are rare of endangered<br />

(threatened with extinction)<br />

FPD<br />

15 2.3.2 Rate of forest cover by elevation and slope FIPI<br />

16 2.3.3<br />

Rate of crown cover and number of forest layers in protection<br />

forest<br />

Future<br />

17 2.3.4 Area of forestland threatened by desertification Future<br />

3. PERFORMANCE INDICATORS<br />

68


3.1 Sustainable forest management and development program<br />

18 3.1.1 Area of land planned as forest land to 2010 MoNRE<br />

19 3.1.2 Area of land for natural regeneration DoFD<br />

20 3.1.3 Land planned for new forest plantation MoNRE<br />

21 3.1.4 Area of production forests DoFD<br />

22 3.1.5 Area of annual newly planted forests DoFD<br />

23 3.1.6 Area of annual forests re-planted after harvesting DoFD<br />

24 3.1.7 Area of land for natural regeneration that has become forest DoFD<br />

25 3.1.8 Number of scattered trees planted each year DoFD<br />

26 3.1.9 Area of certified production forests DoFD<br />

27 3.1.10 Non-timber forest products (NTFPs) DoFD<br />

28 3.1.11<br />

Area of forest that has approved plan for forest protection and<br />

development<br />

Future<br />

3.2 Forest protection, biodiversity conservation and environmental services development<br />

program<br />

29 3.2.1 Area of protection forests FPD<br />

30 3.2.2 Area of special-use forests FPD<br />

31 3.2.3 Area of forests under forest protection contracts FPD<br />

32 3.2.4 No. of forest rangers working at commune level FPD<br />

33 3.2.5 Area of damaged forests FPD<br />

34 3.2.6 No. of Forest Protection and Development Law violation cases FPD<br />

35 3.2.7 No. of villages having forest protection conventions FPD<br />

36 3.2.8 Total values of environmental services of forests (collected) Future<br />

3.3 Forest products processing and trade program<br />

37 3.3.1 Harvested timber volume DoFU<br />

38 3.3.2 Volume of harvested NTFPs DoFU<br />

39 3.3.3 Volume of harvested fuel wood GSO<br />

40 3.3.4 Gross output values of wood processing industry GSO<br />

41 3.3.5 Export value of forestry sector GSO<br />

42 3.3.6 Value of imported wood and wood materials GSO<br />

43 3.3.7 Productivity of main forest products from the processing industry GSO<br />

44 3.3.8<br />

Areas (and gross outputs) of agroforestry production in the<br />

forestland<br />

Future<br />

45 3.3.9 Gross outputs of wood and NTFP of craft villages Future<br />

46 3.3.10 Price index for main forest products Future<br />

47 3.3.11 Total value of retail sale of forest products Future<br />

3.4 Research, education, training, and forestry extension program<br />

48 3.4.1 No. of people working in forest science and technology DoST<br />

49 3.4.2 No. of seed species to be certified DoFD<br />

69


No. of scientific research results post-tested and transferred or<br />

50 3.4.3 applied into production<br />

DoST<br />

51 3.4.4 No. of agro-forestry extension staff CoIST<br />

52 3.4.5<br />

No. of forestry students (in vocational, technician, high schools<br />

and universities)<br />

HRD<br />

53 3.4.6 No. of government staff working in forestry sector are re-trained Future<br />

54 3.4.7<br />

55 3.4.8<br />

No. of on-farm farmers to assess and benefit from in forestry<br />

and agriculture activities<br />

No. of farmers participated in voluntary forestry extension<br />

groups<br />

3.5 Renovation of the forestry sector institutions, policies, planning and monitoring<br />

program<br />

56 3.5.1<br />

No. of laborers in forestry-related economic and administrative<br />

agencies<br />

Future<br />

Future<br />

CoIST<br />

57 3.5.2 Number of forest product processing enterprises GSO<br />

FSSPCO<br />

58 3.5.3<br />

Number of SFEs converted to forestry companies/ enterprises<br />

(Decree 200) and management area<br />

59 3.5.4 Value of fixed assets of forestry production enterprises GSO<br />

60 3.5.5 Number of households working in forestry GSO<br />

61 3.5.6 No. of forest farms, laborers and management area GSO<br />

62 3.5.7 Revenue of forest farms GSO<br />

63 3.5.8<br />

No. of cooperatives participating in forest<br />

management/protection and forest areas managed<br />

Future<br />

64 3.5.9<br />

No. of village communities participating in forest management/<br />

protection and managed forest areas<br />

4. INPUT INDICATORS<br />

4.1 Financial investment<br />

Future<br />

65 4.1.1 Total basic construction investment capital for the forestry sector CoIST<br />

FSSPCO<br />

66 4.1.2 No. of ODA projects in forestry sector (signed, implemented)<br />

67 4.1.3<br />

Total value of FDI projects in forestry sector (signed,<br />

implemented)<br />

FSSPCO<br />

68 4.1.4 Investment in forest science and technology DoST<br />

69 4.1.5 Outputs values for silvicultural investment DoFD<br />

4.2 Human resource development<br />

70 4.2.1 Expenditures on forest extension CoIST<br />

71 4.2.2 No. of people in working age in rural areas GSO<br />

70


72 4.2.3 Expenditure on forest training, education HRD<br />

5.3. Strengthening <strong>FGM</strong> in Vietnam – a set of proposed indicators<br />

Based on results of the analysis of related documentation and interviews, issues to<br />

be addressed and monitoring needs the strengthening <strong>FGM</strong> in Vietnam may<br />

consider indicators suggested, by the consultant, listed in table 04. The proposed<br />

indicators are in line with area of the Vietnam Forestry Development Strategy 2006-<br />

2020 and issues that need to be addressed and monitoring needs, as summarized in<br />

the chapter 3 of this report, to get better implementation of the strategy.<br />

Criteria for proposal of the indicators are as:<br />

1. Strengthening <strong>FGM</strong> is to improve quality of FG for implementation of<br />

programs of Vietnam Forestry Development Strategy 2006-2020;<br />

2. Strengthening <strong>FGM</strong> should be appropriate to forestry sector administration<br />

system, in terms of sectoral, multi-sectoral and geographical aspects;<br />

3. Strengthening <strong>FGM</strong> should not require to much additional resources;<br />

4. Strengthening <strong>FGM</strong> should be appropriate to FAO framework so that <strong>FGM</strong> in<br />

Vietnam can be, to certain extent, similar with global <strong>FGM</strong>.<br />

Total number of proposed indicators is 150, including 16 areas as bellows:<br />

• General indicators;<br />

• Forestry land and 3 types of forest;<br />

• Forest and forest land rental and allocation;<br />

• State forest enterprise restructuring;<br />

• Timber harvesting from natural forests;<br />

• Conversion of natural forest into rubber plantation and other purposes;<br />

• Beneficiary policy;<br />

• Forest Protection;<br />

• Handling of violations related to forest;<br />

• Forest fire prevention and fire fighting;<br />

• Protection forests and special-use forests;<br />

• Forest environment services ;<br />

• Forestry finance;<br />

• Forest Products Processing and Trade.<br />

• FLEGT và VPA;<br />

• <strong>REDD</strong>.are<br />

71


In the table 04, indicator number is in the column A. Area of the <strong>FGM</strong> concern is in<br />

the column B. Indicator name is in the column C. Indicator measurement unit is in<br />

the column D. The column E is about availability of the indicators information as<br />

follows: “Y” means the information is available, “N” means the indicator information is<br />

not available, and “P” means the indicator information is partially available. The<br />

column F is about organization leading for information collection and reporting for<br />

indicators. The column G is about reporting period which, at national level, is one<br />

year. However, at lower levels, is can be shorter according to different kinds of<br />

organizations and their monitoring needs. The column H is about “code” of indicators<br />

within FAO forest governance monitoring framework.<br />

The set of proposed indicators do not require establishment of a new agency,<br />

because all indicators can be integrated into roles and tasks of the current<br />

organizations. Furthermore most of indicators having “count” as measuring unit<br />

therefore the proposed system do nor require much additional resources. Major part<br />

of information needed for the proposed indicators can be provided if organizations<br />

have a standard documentation system for their day-to-day operations.<br />

In terms of method and methodology of collection and treatment, FORMIS and NFA<br />

projects can support the <strong>FGM</strong> through their action plan and pilot case studies.<br />

72


Table 04: Indicators proposed for strengthening <strong>FGM</strong> in Vietnam<br />

No AREA OF <strong>FGM</strong> SUGGESTED INDICATOR UNIT INFORMA<br />

TION<br />

AVAILABIL<br />

ITY (Y/N/P)<br />

ORGANIZ<br />

ATION IN<br />

CHARGE<br />

REPORT<br />

ING<br />

PERIOD<br />

REFERE<br />

NCE TO<br />

FAO<br />

FRAME<br />

WORK<br />

A B C D E F G H<br />

1 General Number of forest-related legal regulations Count Y VNFORE 1 year<br />

indicators newly issued.<br />

ST<br />

2 Number of forest-related legal regulations Count Y TCLN 1 year<br />

withdrawn (out of effectiveness).<br />

3 Number of initiatives on policy, legal,<br />

institutional and regulatory framework to-<br />

MARD proposed by FSSP.<br />

Count P FSSP<br />

Office<br />

1 year 0204<br />

4 Number of initiatives on policy, legal,<br />

institutional and regulatory framework to-<br />

MARD proposed by FSSP considered by<br />

MARD.<br />

5 Number of initiatives on policy, legal,<br />

institutional and regulatory framework to-<br />

MARD proposed by Forestry Regional<br />

Network, FSSP.<br />

6 Number of initiatives on policy, legal,<br />

institutional and regulatory framework to-<br />

MARD proposed by Forestry Regional<br />

Network, FSSP considered by MARD.<br />

7 Number of feedbacks on implementation<br />

of legal regulations from Forestry<br />

Regional Network, FSSP to MARD.<br />

8<br />

Number of feedbacks on implementation<br />

of legal regulations from Forestry<br />

Count P FSSP<br />

Office<br />

Count P FSSP<br />

Office<br />

Count P FSSP<br />

Office<br />

Count P FSSP<br />

Office<br />

Count P FSSP<br />

Office<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

73


Regional Network, FSSP to MARD,<br />

considered by MARD.<br />

9 Number of initiatives on policy, legal,<br />

institutional and regulatory framework to-<br />

MARD proposed by organizations,<br />

individuals (including civil society).<br />

10 Number of initiatives on policy, legal,<br />

institutional and regulatory framework to-<br />

MARD proposed by organizations,<br />

individuals (including civil society),<br />

considered by MARD.<br />

11 Number of feedbacks on implementation<br />

of legal regulations from organizations,<br />

individuals (including civil society) to<br />

MARD.<br />

12 Number of feedbacks on implementation<br />

of legal regulations from organizations,<br />

individuals (including civil society) to<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

MARD, considered by MARD.<br />

13 P1A)* Total national land, defined for<br />

ha N VNFORE 1 year<br />

Forestry land management of the Forest Sector, with<br />

ST<br />

and 3 types clear boundaries in the field.<br />

14 of forest Total national land area, with forest, ha N MoNRE, 1 year<br />

defined for management of the Forest<br />

DARD<br />

Sector with clear boundaries in the field.<br />

15 Total area of production forest ha Y VNFORE 1 year<br />

ST<br />

16 Area of production forest with clearly ha N VNFORE 1 year<br />

defined boundaries in the field.<br />

ST<br />

17 Area of production forest with clear<br />

ha N VNFORE 1 year<br />

demarcation in the field.<br />

ST<br />

18<br />

Area of protection forest. ha Y VNFORE 1 year<br />

74


ST<br />

19 Area of protection forest with clearly<br />

defined boundaries in the field.<br />

ha N VNFORE<br />

ST<br />

20 Area of protection forest with clear<br />

ha N VNFORE<br />

demarcation in the field.<br />

ST<br />

21 Area of special-use forest. ha Y VNFORE<br />

ST<br />

22 Area of special-use forest with clearly ha N VNFORE<br />

defined boundaries in the field.<br />

ST<br />

23 Area of special-use forest with clear ha N VNFORE<br />

demarcation in the field.<br />

ST<br />

24 P1B) Forest Number of Forest Management Boards Count N VNFORE<br />

and forest having forest allocated, but without land<br />

ST<br />

land rental use certificate.<br />

25 and<br />

Number of Forest Management Boards Count N VNFORE<br />

allocation clearly knows in-the-field defined<br />

ST<br />

boundaries of the forest under their<br />

management.<br />

26<br />

Number of Forest Management Boards Count N VNFORE<br />

made in-the-field demarcation for the<br />

ST<br />

forest under their management.<br />

27 Total area of land, forest allocated to<br />

households.<br />

28 Area of land, forest allocated to<br />

households having clearly defined<br />

boundaries in the field.<br />

29 Area of forest allocated to households but<br />

without land-use certificate.<br />

30 Number of land-related conflicts between<br />

households and organizations.<br />

ha N MoNRE/<br />

VNFORE<br />

ST<br />

ha N MoNRE/<br />

VNFORE<br />

ST<br />

ha N MoNRE<br />

VNFORE<br />

ST<br />

Count N MoNRE<br />

VNFORE<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

75


31 Number of land-related conflicts between<br />

households and organizations solved.<br />

32 Number of land-related conflicts between<br />

households and other households.<br />

33 Number of land-related conflicts between<br />

households and other households solved.<br />

34 P1C) State<br />

forest<br />

enterprise<br />

Number of forest companies having<br />

allocated forest but without land-use<br />

certificate.<br />

35 restructuring Number of forest companies having<br />

allocated forest but with land-use<br />

certificate.<br />

36 Number of forest companies having land<br />

and forest with clearly defined boundaries<br />

in the field.<br />

37 Number of forest companies having land<br />

and forest with clear demarcation in the<br />

field.<br />

38 Total forest area allocated to forest<br />

companies.<br />

39<br />

Total land area allocated to forest<br />

companies (with land-use certificate).<br />

40 Total land area and forest area allocated<br />

to forest companies having clear<br />

demarcation in the field.<br />

41 Number of forest companies doing<br />

business according to Company Law<br />

2005.<br />

ST<br />

Count N MoNRE<br />

VNFORE<br />

ST<br />

Count N MoNRE<br />

VNFORE<br />

ST<br />

Count N MoNRE<br />

VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

ha Y VNFORE<br />

ST<br />

ha N VNFORE<br />

ST<br />

ha N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

76


42 Number of forest companies financially<br />

independent in line with the Company<br />

Law 2005.<br />

43 Number of forest companies trained in<br />

sustainable forest management.<br />

44 Number of companies having forest<br />

management plan.<br />

45 Number of forest companies received<br />

fund supporting enrichment of poor forest.<br />

46 Number of forest companies received<br />

support in application of new technology.<br />

47 Number of forest companies providing<br />

forestry extension and market information<br />

for local communities.<br />

48 Number of forest companies managing<br />

protection received investment as defined<br />

by policy for protection forest.<br />

49 Number of forest companies received<br />

long-term preferential credit appropriate<br />

to timber-production cycle.<br />

50 Number of provinces having forest value<br />

defined when the forest is allocated to<br />

forest companies.<br />

51 Number of provinces having forest rental<br />

price defined when rent the forest to<br />

forest companies.<br />

52 Number of companies defined forest<br />

value when the forest is allocated to<br />

them.<br />

53 Number of forest companies having<br />

forest-added-value calculation defined.<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

77


54 Number of forest companies paid forest Count N VNFORE 1 year<br />

rental charge.<br />

ST<br />

55 P1D) Timber Number of forest companies are in Count N VNFORE 1 year<br />

56<br />

harvesting<br />

from natural<br />

forests<br />

condition accurate for implementation of<br />

sustainable timber harvesting.<br />

Number of forest companies allowed to Count N<br />

ST<br />

VNFORE 1 year<br />

do timber harvesting in line with timber<br />

production of their allocated forest.<br />

ST<br />

57 P1E)<br />

Area of natural forest converted to rubber ha Y VNFORE 1 year<br />

58<br />

Conversion<br />

of natural<br />

plantation.<br />

Total number of projects to convert Count N<br />

ST<br />

VNFORE 1 year<br />

59<br />

forest into<br />

rubber<br />

natural forest to rubber plantation.<br />

Number of projects to convert natural Count N<br />

ST<br />

VNFORE 1 year<br />

60<br />

plantation<br />

and other<br />

purposes<br />

forest to rubber plantation appraised by<br />

relevant authority from forest sector.<br />

Number of projects to convert natural Count N<br />

ST<br />

VNFORE 1 year<br />

forest to rubber plantation rejected by<br />

relevant authority from forest sector after<br />

appraisal.<br />

ST<br />

61 Total area of forest converted to hydropower<br />

ha Y VNFORE 1 year<br />

plants.<br />

ST<br />

62 Number of hydro-power plant projects Count N VNFORE 1 year<br />

requesting conversion of natural forest.<br />

ST<br />

63 Number of hydro-power plant projects Count N VNFORE 1 year<br />

appraised by relevant authority from<br />

forest sector.<br />

ST<br />

64 Number of hydro-power plant projects Count N VNFORE 1 year<br />

rejected by relevant authority from forest<br />

sector after appraisal.<br />

ST<br />

65 Area of natural forest lost due to mining ha Y VNFORE 1 year<br />

activities.<br />

ST<br />

66<br />

Number of mining projects requesting Count N VNFORE 1 year<br />

78


conversion of forest.<br />

ST<br />

67 Number of mining projects appraised by<br />

relevant authority from forest sector.<br />

Count N VNFORE<br />

ST<br />

68 Number of mining projects rejected by Count N VNFORE<br />

relevant authority from forest sector after<br />

ST<br />

appraisal.<br />

69 P1F)<br />

Number of provinces having forest value Count N VNFORE<br />

Beneficiary defined when the forest is allocated to<br />

ST<br />

policy households.<br />

70 Number of provinces having forest rental Count N VNFORE<br />

price defined when rent the forest to<br />

ST<br />

households.<br />

71 Number of provinces defined forest value Count N VNFORE<br />

when the forest is allocated to<br />

ST<br />

households.<br />

72<br />

Number of provinces defined real income Count N VNFORE<br />

from forest (including pay for forest<br />

ST<br />

protection and others from forest), per ha<br />

of forest allocated to households.<br />

73 Number of provinces defined total real Count N VNFORE<br />

income from forest (including pay for<br />

ST<br />

forest protection and others from forest)<br />

and its ratio to total income of local<br />

households.<br />

74 P2A) Forest Number of local forest rangers. Count Y VNFORE<br />

Protection<br />

ST<br />

75 Number of communes having local forest Count Y VNFORE<br />

rangers.<br />

ST<br />

76<br />

Number of plans of forest protection Count N VNFORE<br />

authorities, forest companies, forest<br />

ST<br />

management boards to cooperate with<br />

local authorities and communities in<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

79


forest protection agreed and signed.<br />

77 Number of violations of Forest Protection<br />

and Development Law that are not<br />

treated due to legal position of forest<br />

protection officers (forest rangers) is<br />

limited.<br />

78 Number of forest patrol units having<br />

forest regular patrol plans.<br />

Count N VNFORE<br />

ST<br />

1 year<br />

Count N VNFORE 1 year<br />

ST<br />

79 Number of patrols conducted. Count N TCLN 1 year<br />

80 Number of villages having common forest Count Y VNFORE 1 year<br />

protection agreement.<br />

ST<br />

81 Number of communes having forest Count N VNFORE 1 year<br />

officer.<br />

ST<br />

82 Number of communes having forest Count N VNFORE 1 year<br />

protection team.<br />

ST<br />

83 P2B)<br />

Number of cases against people on duty. Count N VNFORE 1 year<br />

84<br />

Handling of<br />

violations Number of forest-destroy cases. Count Y<br />

ST<br />

VNFORE 1 year<br />

85<br />

related to<br />

forest Area of destroyed forest. ha Y<br />

ST<br />

VNFORE 1 year<br />

ST<br />

86 Volume/value of seized timber. m 3 /vnd Y VNFORE 1 year<br />

ST<br />

87 Value of illegal-logging means seized. vnd N VNFORE 1 year<br />

ST<br />

88 Number of illegal timber transportation Count Y VNFORE 1 year<br />

cases.<br />

ST<br />

89 Volume/value of illegal-transported timber<br />

Y VNFORE 1 year<br />

seized.<br />

ST<br />

90<br />

Value ofillegal-timber-transporting means<br />

seized.<br />

vnd N VNFORE<br />

ST<br />

1 year<br />

80


91 Number of criminal-violation cases. Count Y VNFORE<br />

ST<br />

92 Number of contriver-found violations. Count N VNFORE<br />

ST<br />

93 Number of violation punishments that Count N VNFORE<br />

violators do not follow.<br />

ST<br />

94 P2C) Forest Number of organizations having fireprevention<br />

Count N VNFORE<br />

fire<br />

and fire-fighting plans, and<br />

ST<br />

prevention resources to implement those plans.<br />

95 and fire Number of agreement of forest range Count N VNFORE<br />

fighting units; forest companies; forest<br />

ST<br />

management boards to cooperate with<br />

local authorities and communities in fireprevention<br />

and fire-fighting, signed.<br />

96<br />

Number of communes having budget, Count N VNFORE<br />

plan, means and forces for fire prevention<br />

ST<br />

and fire fighting.<br />

97 P2D)<br />

Number of forest management boards Count N VNFORE<br />

Protection having forest management plan<br />

ST<br />

forests and (protection and special-use forest).<br />

98 special-use Number of forest management boards Count N VNFORE<br />

forests having forest-patrol plan (protection and<br />

ST<br />

special-use forest).<br />

99 Number of patrols conducted vs planned. Count N VNFORE<br />

ST<br />

100 Average of actual income of a staff of<br />

N VNFORE<br />

forest management boards.<br />

ST<br />

101<br />

Number of forest management boards<br />

that do not get fund for forest<br />

vnd per<br />

capita<br />

per<br />

year<br />

Count N VNFORE<br />

ST<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

81


management on time.<br />

102 P2E) Forest<br />

environment<br />

services<br />

Number of provinces having clearly<br />

defined principles, calculation method<br />

and procedure for paying for forest<br />

environmental service.<br />

103 Number of organizations, households<br />

who are entitle to get payment for forest<br />

environmental service provided, but<br />

payment has not been made.<br />

104 Number of provinces having clearly<br />

defined area providing forest<br />

environmental services.<br />

105 Number of provinces having clearly<br />

defined forest status with “K” – pay<br />

coefficient.<br />

106<br />

Number of provinces having clearly<br />

defined in-the-field forest boundaries of<br />

organizations and households providing<br />

forest environmental service.<br />

107 P2F) Forestry Number of provinces collecting standingtree<br />

finance<br />

fee.<br />

108 Amount of money that forest sector<br />

receive from national budget.<br />

109 Amount of money that forest sector<br />

receive from provincial budget.<br />

110 Number of households having access to<br />

preferential credit for forestry activities.<br />

111 Size of the National Forest Protection and<br />

Development Fund.<br />

112<br />

Number of organizations, individuals<br />

providing contributions to the National<br />

Forest Protection and Development Fund.<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

Count Y VNFORE<br />

ST<br />

vnd Y VNFORE<br />

ST<br />

Y VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

vnd N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

82


113 Amount that organizations and individuals<br />

contributed to the National Forest<br />

Protection and Development Fund.<br />

114 Number of provinces established<br />

provincial forest protection and<br />

development fund and set up the fund<br />

management system.<br />

115 Total amount of natural-resource tax paid<br />

by forest companies.<br />

116 Total amount of natural-resource tax paid<br />

by households.<br />

117 P3) Forest Total number of wood processing<br />

companies.<br />

Products<br />

118 Number of wood processing companies<br />

Processing having timber product exporting business.<br />

119<br />

and Trade<br />

Number of companies importing timber to<br />

Vietnam.<br />

120 Volume of from-natural-forest imported<br />

timber.<br />

121 Volume of from-plantation-forest imported<br />

timber.<br />

122 Volume of from-domestic-plantation<br />

processed into timber products for export.<br />

vnd per<br />

year<br />

N<br />

VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

vnd per<br />

year<br />

1 year<br />

1 year<br />

N DoPF 1 year<br />

DoPF<br />

1 year<br />

Count N MARD 1 year<br />

Count N MARD 1 year<br />

Count N MARD 1 year<br />

m 3 N MARD 1 year<br />

m 3 N MARD 1 year<br />

m 3 N MARD 1 year<br />

123 Volume of exported wood chip. Ton N MARD 1 year<br />

124<br />

Total volume and value of exported m 3 /usd N/Y MARD 1 year<br />

timber products.<br />

125 FLEGT and Number of organizations/individuals Count Y FLEGT & 1 year<br />

VPA<br />

trained in FLEGT, VPA, EU Timber<br />

Lacey<br />

Regulation 995/2010 and Lacey Act.<br />

Act Office<br />

126<br />

Number of organizations/individuals Count Y FLEGT & 1 year<br />

consulted during VPA negotiation/VPA<br />

Lacey<br />

implementation.<br />

Act Office<br />

83


127 Number of Count N FLEGT & 1 year<br />

initiatives/suggestions/requests from<br />

Lacey<br />

organizations/individuals contributed to<br />

Act Office<br />

VPA negotiation/VPA implementation.<br />

128 Number of companies having COC Count Y MARD 1 year<br />

certificate.<br />

129 Number of companies having FSC FM Count Y VNFORE 1 year<br />

certificate.<br />

ST<br />

130 Total forest area FSC FM certified. Count Y VNFORE 1 year<br />

ST<br />

131 Number of organizations/individuals Count N VNFORE 1 year<br />

competent to provide consultancy in<br />

ST<br />

timber supply according to COC<br />

requirement.<br />

132 Number of organizations/individuals<br />

competent enough to provide consultancy<br />

in forest management according to FSC<br />

FM requirement.<br />

133 Number of organizations/individuals<br />

trained in TLAS.<br />

134 Number of organizations/individuals<br />

competent enough to verify timber supply<br />

chain according to TLAS requirement.<br />

135 Number of organizations competent<br />

enough to do FLEGT licensing for timber<br />

products exported to EU.<br />

136 Number of organizations competent<br />

enough to conduct independent<br />

monitoring for TLAS.<br />

Count N VNFORE<br />

ST<br />

Count N VNFORE<br />

ST<br />

m 3 N VNFORE<br />

ST<br />

m 3 N VNFORE<br />

ST<br />

m 3 N VNFORE<br />

ST<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

137 Volume of legal/controlled/certified timber m 3 N NC 1 year<br />

imported into Vietnam.<br />

138 Number of shipments need to be licensed Count N FLEGT & 1 year<br />

84


for export to EU market.<br />

139 Number of companies competent enough<br />

to get “operator-based licenses” for their<br />

timber products exported to EU market.<br />

140 Volume/value of timber products exported<br />

to each of 27 countries of EU.<br />

141 <strong>REDD</strong> Number of forest companies/forest<br />

management boards competent enough<br />

(meeting all conditions) to join <strong>REDD</strong>+.<br />

Lacey<br />

Act Office<br />

Count N FLEGT & 1 year<br />

Lacey<br />

Act Office<br />

m 3 /usd N/Y TCHQ 1 year<br />

Count N <strong>REDD</strong><br />

Office<br />

1 year<br />

142 Total forest area meeting all conditions to<br />

join <strong>REDD</strong>+.<br />

143 Number of communities competent<br />

enough (meeting all conditions) to join<br />

<strong>REDD</strong>+.<br />

144 Number of forest companies, forest<br />

management boards having forest area<br />

with defined c-stock.<br />

145 Total area of forest having defined c-<br />

stock.<br />

146 Number of communities having<br />

established system for from-<strong>REDD</strong>+<br />

benefit distribution (BDS).<br />

147 Number of provinces having established<br />

system for measuring, reporting and<br />

verification (MRV).<br />

148<br />

Number of forest companies, forest<br />

management boards participate in carbon<br />

voluntary market.<br />

ha N <strong>REDD</strong><br />

Office<br />

Count N <strong>REDD</strong><br />

Office<br />

Count N <strong>REDD</strong><br />

Office<br />

ha N <strong>REDD</strong><br />

Office<br />

Count N <strong>REDD</strong><br />

Office<br />

Count N <strong>REDD</strong><br />

Office<br />

Count N <strong>REDD</strong><br />

Office<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

1 year<br />

85


149 Total C-stock of Vietnam forest. Ton N <strong>REDD</strong><br />

Office<br />

150 Total amount of money received from vnd N <strong>REDD</strong><br />

<strong>REDD</strong>+.<br />

Office<br />

1 year<br />

1 year<br />

Note:<br />

*: Within abbreviation P1A, P1 stands for program 1 of Vietnam Forestry Development Strategy 2006-2020 (VFSD), A means part<br />

“A” of the program 1. Whole P1A means area of <strong>FGM</strong> concern under part A, Program 1, VFDS. P2, P3 have similar meanings.<br />

Number in the H column is indicator code having 4 digits. The first two digits represent pillar of FAO <strong>FGM</strong> framework. The two rest<br />

digits represent principle of FAO <strong>FGM</strong> framework. Following that the pillars have their code as: the pillar 1 “Policy, legal,<br />

institutional and regulatory framework”: 01; the pillar 2 “Planning and decision making process”: 02; the pillar 3 “Implementation,<br />

strengthening and compliance”: 03. Similarly the principles have their code as: “Transparency”: 01, “Accountability”:02,<br />

“Effectiveness”:03, “Participation”): 04, “Fair/Equity”:05, “Efficiency”:06. In the table 04: indicator number 3 “Number of initiatives on<br />

policy, legal, institutional and regulatory framework to-MARD proposed by FSSP” has code 0204 which means that the indicator<br />

number 3 belongs to the pillar 2 (planning and decision making) and principle 4 (participation) of FAO <strong>FGM</strong> framework. This code<br />

number may be put into the “H” column, by the international <strong>FGM</strong> consultant , after the workshop in order to a certain link of those<br />

indicators with the FAO <strong>FGM</strong> concept.<br />

86


5.4. Next steps proposed for strengthening <strong>FGM</strong> in Vietnam<br />

In case, Vietnam would like to strengthen <strong>FGM</strong> systematically, what will be mention<br />

below can be a reference.<br />

Figure 11: A framework for forest governance monitoring design<br />

Figure 11 presents a generic design overview for forest governance monitoring. The<br />

overview distinguishes between a number of building blocks that need to be<br />

addressed in the process of preparing for design, actual design, and sustaining the<br />

designed forest governance monitoring.<br />

1. Creating a forest governance reference framework – establishing shared<br />

understanding of what is involved in forest governance and its monitoring. As a<br />

starting point for such a reference framework figure 1 from the previous chapter can<br />

be used. It is composed of three “pillars” (i.e. in a way the structural elements for<br />

Forest Governance to function) and “principles” (the quality of how well Forest<br />

87


Governance functions,. In a kind of matrix, under each pillar and principle specific<br />

forest governance issues can be identified.<br />

2. Agreeing on a defined purpose & vision – establishing a shared understanding of<br />

the key reasons for engaging in forest governance monitoring. Such an<br />

understanding needs to be consistent with national policies, strategies/NFP<br />

document and fit within the country’s sustainable development strategies, intersectoral<br />

approaches. It would be consistent with the country’s legal frameworks,<br />

recognition and respect for customary and traditional rights and secure land tenure<br />

arrangements.<br />

3. Making information needs explicit – establishing shared understanding of what<br />

information is needed to answer forest governance performance questions, taking<br />

into consideration the need to prioritize amongst the many information needs.<br />

4. Selecting methods & methodologies for data collection – establishing shared<br />

understanding of the ways in which needed information will be gathered from which<br />

sources of information; use of primary and secondary data; clarification of IT part of<br />

the methods and methodologies (storage, retrieval etc.).<br />

5. Creating an outline of the organization (flow) & intended use of information –<br />

establishing clear processes for turning data into information and the way in which it<br />

will flow to/be accessed by intended audiences.<br />

6. Agreeing on roles & responsibilities – establishing shared understanding of who<br />

will be expected to do what to make functional forest governance monitoring happen;<br />

7. Activating a plan for putting in place operational capacities & conditions for<br />

functional forest governance monitoring – establishing a shared understanding of<br />

what will be required in terms of capacities and conditions to sustain efforts.<br />

8. Providing an Institutional embedding – establishing forest governance monitoring<br />

in existing organizational and institutional arrangements.<br />

The background paper partially touched the points 1, 2, 3 of the framework in figure<br />

11. So very first step of the process for strengthening <strong>FGM</strong> in Vietnam can start with<br />

discussing the background paper then take relevant actions to complete steps 1, 2, 3<br />

and all the rest steps.<br />

88


Chapter 6: CONCLUSION<br />

Due to the increasing recognition of the importance of forest governance quality on<br />

progress towards SFM, FLEGT and the reduction of deforestation and forest<br />

degradation (<strong>REDD</strong>+), increasingly many efforts are taken to monitor and report<br />

forest governance and governance quality. Recently, the <strong>REDD</strong> negotiations under<br />

the UN Framework Convention on Climate Change have agreed on safeguards,<br />

initiative of EU FLEGT VPA, and timber supply chain policy of different governments<br />

that relate to forest governance, further increasing the need for monitoring. However,<br />

perhaps most importantly, forest governance monitoring systems at the country level<br />

need to meet national monitoring needs in order to be relevant. This means that<br />

monitoring of forest governance should be most of all useful to better fulfill national<br />

and local priorities for forest management. Any forest governance monitoring that<br />

should be established by countries needs to be feasible, cost-effective, reliable<br />

(verifiable), allow reliable measurement of change over time, and fulfill international<br />

reporting requirements.<br />

To meet these goals, Government of Vietnam (MARD) has requested the assistance<br />

of FAO to help integrate forest governance monitoring into national-forest related<br />

monitoring systems. To this end, FAO is providing support through the services of a<br />

national consultant and international technical consultants.<br />

Initially, the national consultant tried to use 13 components and 77 sub-components<br />

of the “FAO framework for assessing and monitoring forest governance”, to assess<br />

<strong>FGM</strong> in Vietnam. The consultant sent the framework to 43 people (including 29 from<br />

domestic organizations and 14 from international organizations) requesting them to<br />

assess <strong>FGM</strong> in Vietnam accordingly to 13 components and 77 sub-components of<br />

the framework. Opinion of majority of the requested is too difficult to assess <strong>FGM</strong> in<br />

Vietnam by using the 13 components and 77 sub-components of the framework. And<br />

the consultant is in the similar view. In fact, it is too difficult to classify what is being<br />

done in Vietnam, in terms of <strong>FGM</strong>, into 13 components and 77 sub-components of<br />

the “FAO framework for assessing and monitoring forest governance”. Until time<br />

when the consultant starts writing the background paper, only 6 assessments in the<br />

mentioned way were received. As explained by the requested the main reason of the<br />

difficulties is the components and sub-components of the FAO framework are still<br />

general. Besides of that a common understanding about forest governance in<br />

Vietnam is governance to implement Vietnam Forestry Development Strategy 2006-<br />

2020. In another words, it is governance to implement the 5 programs of the strategy<br />

and their targets. This fact is a self explanation that: (i) FAO vision on assessment of<br />

<strong>FGM</strong> based on FG with the 13 components and 77 subcomponents is rather quite far<br />

from Vietnam circumstances on assessment of <strong>FGM</strong> based on FG towards<br />

implementation of the Forestry Development Strategy 2006-2020; (ii) The first step<br />

to shorten the gap, perhaps, is both sides (FAO & Vietnam) to work out indicators of<br />

assessment of <strong>FGM</strong> (because any monitoring can be effective if is based on clearly<br />

identified indicators); and based on that (iii) a base for comparison of those<br />

indicators to select indicators appropriate for Vietnam and also for FAO, to apply for<br />

<strong>FGM</strong> in Vietnam.<br />

Because of explanations above, this background paper is written based on analysis<br />

of related documentation and interviews of selected government officers in forest<br />

89


sector at central level and local level; different experts; some key NGOs; and<br />

representatives of private sector in Vietnam, about issues of assessment of <strong>FGM</strong> in<br />

Vietnam. The documentation analysis and interviews, mainly, were conducted in the<br />

context of the two relations:<br />

• Firstly, the relation between <strong>FGM</strong> on one side and implementation of the 5<br />

programs of Vietnam Forestry Development Strategy 2006-2020 and their<br />

targets, on the other side. In current circumstances this, perhaps, is an<br />

appropriate way to get the background paper for the workshop, because by<br />

this way the paper can bring what the workshop participants are familiar with,<br />

interested in and confident to join discussions.<br />

• Secondly, <strong>FGM</strong> is assessed through documentation analysis and interviews in<br />

the context of the FAO <strong>FGM</strong> framework, but only of the 3 pillars and 6<br />

principles and not 13 components and 77 sub-components.<br />

Recently, Vietnam achieved some very important results in forest sector, especially<br />

in increase of forest cover, forest products export and poverty reduction in<br />

mountainous areas. Forest governance in Vietnam, no doubt, provided considerable<br />

contributions to those achievements. However, this report will rather focus on finding<br />

issues, not for criticism but for opportunities to improve the forest governance<br />

towards sustainably managed forests and sustainable development of Vietnam<br />

forestry. The documentation analysis and the discussions with the key organizations<br />

and persons in this field during preparation of this report therefore were conducted<br />

following this way.<br />

The background paper tried to provide (i) an overall picture of <strong>FGM</strong> in Vietnam, and<br />

f(ii) propose a set og indicators for strengthening <strong>FGM</strong> in Vietnam based on criteria:<br />

• Strengthening <strong>FGM</strong> is to improve quality of FG for implementation of<br />

programs of Vietnam Forestry Development Strategy 2006-2020;<br />

• Strengthening <strong>FGM</strong> should be appropriate to forestry sector administration<br />

system, in terms of sectoral, multi-sectoral and geographical aspects;<br />

• Strengthening <strong>FGM</strong> should not require to much additional resources;<br />

• Strengthening <strong>FGM</strong> should be appropriate to FAO framework so that <strong>FGM</strong> in<br />

Vietnam can be, to certain extent, similar with global <strong>FGM</strong>.<br />

Total number of proposed indicators is 150, including 16 areas as bellows:<br />

• General indicators (12);<br />

• Forestry land and 3 types of forest (11);<br />

• Forest and forest land rental and allocation (10);<br />

• State forest enterprise restructuring (21);<br />

• Timber harvesting from natural forests (2);<br />

• Conversion of natural forest into rubber plantation and other purposes (12);<br />

• Beneficiary policy (5);<br />

90


• Forest Protection (9);<br />

• Handling of violations related to forest (11);<br />

• Forest fire prevention and fire fighting (3);<br />

• Protection forests and special-use forests (5);<br />

• Forest environment services (5);<br />

• Forestry finance (10);<br />

• Forest Products Processing and Trade (8).<br />

• FLEGT và VPA (16);<br />

• <strong>REDD</strong> (10).<br />

Each from the set of the proposed indicators has its own reference code to the 3<br />

pillars and the 6 principle of FAO <strong>FGM</strong> framework which is a effort to get the first<br />

basis for getting a certain resemblance of Vietnam <strong>FGM</strong> with FAO <strong>FGM</strong> framework.<br />

Due to time and resources constraints, and “forest governance monitoring” is a<br />

complex issue, the background paper surely contains certain shortcomings which we<br />

expect to get and appreciate every input to address them.<br />

LITERATURE<br />

1. Vietnam Forestry Development Strategy 2006-2020<br />

91


2. Vietnam Forestry Development Strategy 2006-202 - 2010 progress report<br />

3. The Vietnam province governance and public administration performance index<br />

PAPI 2010<br />

4. World Bank, 2009. Roots for Good Forest Outcomes: An Analytical Framework for<br />

Governance reform. Report No. 49572-GLB. 47 pp.<br />

5. Partially based on the national forest programme principles and on Saunders &<br />

Reeve. 2010 Monitoring Governance for Implementation of <strong>REDD</strong>+. Chatham House<br />

6. Capistrano, D., 2010. Forest Governance Indicator Development: Early Lessons<br />

and Proposed Indicators for Country Assessments. FAO, 34 pp.<br />

7. Grindle, M.S., 2004. Good Enough Governance: poverty reduction and reform in<br />

developing countries. Governance: an institutional journal of Policy, Administration,<br />

and Institutions, Vol. 17, No. 4, October 2004 (p. 525-548),<br />

8. Grindle, M.S. 2005. Good enough governance revisited. A report for DFID with<br />

reference to the Governance Target Strategy <strong>Paper</strong>, 2001. Harvard University, USA.<br />

27 pp.<br />

9. James Mayers | Stephen Bass | Duncan Macqueen | 2002 : The Pyramid<br />

A DIAGNOSTIC AND PLANNING TOOL FOR GOOD FOREST GOVERNANCE<br />

10. JOANGO Hutan, September 2006: Forest governance in Malaysia<br />

An NGO perspective<br />

11. Krister Andersson and Ashwin Ravikumar, University of Colorado at Boulder, July<br />

15, 2010 : Monitoring Forest Governance: A Field-Based Approach from Tanzania<br />

12. Kusek, J., and Rist, R., 2004, 'Ten Steps to a Results-based Monitoring and<br />

Evaluation System', World Bank, Washington, D.C. 268 pp<br />

13. Nigel Dudley, Nguyen Cu and Vuong Tien Manh: A Monitoring and Evaluation<br />

System for Forest Landscape Restoration in the Central Truong Son Landscape,<br />

Vietnam<br />

14. Nguyen Hang, Wulf Killmann, Xuan Phuong Pham and Eveline Trines: Viet Nam<br />

National <strong>REDD</strong>+ Program: <strong>Background</strong> document UN-<strong>REDD</strong> PROGRAMME Version<br />

3 February, 2011<br />

15. ODI, 2006. Governance, development and aid effectiveness: a quick guide to<br />

complex relationships. Briefing paper March 2006. 4pp.<br />

16. Pham Xuan Phuong, Doan Diem, le Khac Coi: Assessment on forest policy<br />

formulation and execution phase 2006-2010 and proposal for forest policy<br />

amendment, revision phase 2011-2015.<br />

17. Simon Counsell: Forest Governace in Africa. 2009<br />

18. Tim Holland and Doan Diem: Scoping Study of Forest Governance Indicators in<br />

Vietnam<br />

19. Van Bodegom, A.J., D. Klaver, F van Schoubroeck and O. van der Valk, 2008.<br />

FLEGT beyond T: exploring the meaning of ‘Governance’concepts for the FLEGT<br />

process. Wageningen UR, The Netherlands<br />

ANNEX 01: LIST OF PEOPLE RECEIVED <strong>FGM</strong> FAO FRAMEWORK WITH 13<br />

COMPONENTS AND 77 SUB-COMPONENTS<br />

92


No Name Position Position<br />

1 Dr. Nguyễn Bá Ngãi Vice director VNFOREST<br />

2 Nguyễn Tường Vân Vice director<br />

Department of Science;<br />

Technology and International<br />

Cooperation, VNFOREST<br />

3 Nguyễn Hữu Dũng<br />

4<br />

Dr. Nguyễn Nghĩa<br />

Biên<br />

Director<br />

Planning and Finance<br />

Department, VNFOREST<br />

5 Cao Chí Công Director<br />

Department of Forest Utilization,<br />

VNFOREST<br />

6 Vũ Thành nam Seniot officer<br />

Management Board for Forestry<br />

Enterprises<br />

7 Đàm Ngọc Năm Vice director<br />

Department of Agricultural<br />

Products Processing and Trading<br />

and Salt Production, MARD<br />

8 Trần Hữu Thành Senior officer<br />

Department of Agricultural<br />

Products Processing and Trading<br />

and Salt Production, MARD<br />

9 Phạm Minh Thoa Director<br />

Department of Science;<br />

Technology and International<br />

Cooperation, VNFOREST<br />

10<br />

Dr. Phạm Mạnh<br />

Cường<br />

Director<br />

<strong>REDD</strong> Standing Office,<br />

VNFOREST<br />

11 Dr. Đinh Đức Thuận Director Forestry Projects, MARD<br />

12 Tô Mạnh Tiến Director<br />

Provincial Department of<br />

Forestry LN, DARD Lào Cai<br />

13 Phạm Trọng Minh Vice general director Vietnam Forestry Corporation<br />

14<br />

Dr. Nguyễn Phú<br />

Hùng Vice director FIPI, VNFOREST<br />

15 Hồ Mạnh Tường NFA Project, FIPI, VNFOREST<br />

16<br />

Dr. Nguyễn Văn<br />

Tuấn Vice director Vietnam Forestry University<br />

Forestry Business & Management<br />

17<br />

Dr. Nguyễn Quang<br />

Hà<br />

Faculty, Vietnam Forestry<br />

University<br />

18 Dr. Lê Minh Chính<br />

Dr. Phạm Xuân<br />

19 Phương<br />

Faculty Head<br />

Senior lecturer in forestry<br />

economics<br />

Freelance consultant<br />

20 Tô Đình Mai Director<br />

21 Đoàn Diễm Freelance consultant<br />

22 Vũ Long Freelance consultant<br />

23 Nguyễn Tuấn Phú Freelance consultant<br />

General Secretary, Vice<br />

24 Nguyễn Tôn Quyền<br />

Chairman<br />

25 Huỳnh Thạch Senior officer<br />

26 Chu Đình Quang Freelance consultant<br />

27 Lê Duy Phương Freelance consultant<br />

28 Trần Lê Huy General Secretary<br />

Vietnam Forestry University<br />

Former vice director of Legal and<br />

Institutional Framework, MARD<br />

Centre for Environment and<br />

Community Development<br />

Vice chairman of Forestry<br />

Science & Technology<br />

Association<br />

Former director of Forestry<br />

Economics Institute<br />

Former director of Agriculture<br />

Department, Vietnam government<br />

Office (expert in FPES)<br />

Vietnam Forest Products<br />

Association (VIFORES)<br />

Vietnam Forest Products<br />

Association (VIFORES)<br />

Former coordinator to Vietnam-<br />

Germany Forestry Program<br />

Bình Định Forest Product<br />

Association<br />

93


29 Nguyễn Chiến Thắng Chairman<br />

Handicraft & Wood Processing<br />

Association (HAWA)<br />

30 Huỳnh Văn Hạnh Vice-chairman<br />

Handicraft & Wood Processing<br />

Association (HAWA)<br />

31 Trần Quốc Mạnh Vice-chairman<br />

Handicraft & Wood Processing<br />

Association (HAWA)<br />

32 Nguyễn Văn Vy General Secretary<br />

Handicraft & Wood Processing<br />

Association (HAWA)<br />

33 Akiko Inoguchi Officer FAO<br />

34 Dr. Juergen Hess Director MNR Program, GIZ<br />

35 Tô Thị Thu Hương Component Manager FP, GIZ<br />

36 Tapio Leppänen CTA FORMIS<br />

37 Lê Công Uẩn GFTN VN Coordinator WWF, GFTN<br />

38 Dr. Hồ Văn Cử<br />

Vietnam Country<br />

Representative TFT<br />

39 Dr. Tô Xuân Phúc<br />

Vietnam Country<br />

Representative Forest trends<br />

40 Trần Hữu Nghị<br />

Vietnam Country<br />

Representative Tropenbos International<br />

41<br />

Dr. Nguyễn Quang<br />

Tân<br />

Vietnam Country<br />

Representative RECOFTC<br />

42 Goetz Eberhard Advisor to HAWA HAWA/CIM<br />

43 Heiko Woerner CTA GFA<br />

44 Lutz Lehmann CIM advisor to Kontum Kon Tum<br />

45 Tim Dowson FLEGT VPA Advisor EC Hanoi<br />

46 Lauri Vesa CTA NFA Project<br />

Note:<br />

People who filled 77 sub-components of the FAO <strong>FGM</strong> framework<br />

ANNEX 02: LIST OF PEOPLE DIRECTLY INTERVIEWED<br />

No Name Position Position<br />

94


1<br />

Dr. Nguyễn Bá<br />

Ngãi Vice director VNFOREST<br />

2<br />

Nguyễn Tường<br />

Vân<br />

Vice director<br />

Department of Science;<br />

Technology and<br />

International Cooperation,<br />

VNFOREST<br />

3<br />

Nguyễn Hữu<br />

Dũng<br />

4<br />

Dr. Nguyễn<br />

Nghĩa Biên<br />

Director<br />

Planning and Finance<br />

Department, VNFOREST<br />

5 Cao Chí Công Director<br />

Department of Forest<br />

Utilization, VNFOREST<br />

6 Phạm Minh Thoa Director<br />

Department of Science;<br />

Technology and<br />

International Cooperation,<br />

VNFOREST<br />

7<br />

Dr. Phạm Xuân<br />

Phương<br />

Freelance consultant<br />

Former vice director of<br />

Legal and Institutional<br />

Framework, MARD<br />

8 Tô Đình Mai Director<br />

Centre for Environment and<br />

Community Development<br />

9 Đoàn Diễm Freelance consultant<br />

Vice chairman of Forestry<br />

Science & Technology<br />

Association<br />

Former director of Forestry<br />

10 Vũ Long Freelance consultant<br />

Nguyễn Tôn General Secretary, Vice<br />

11 Quyền<br />

Chairman<br />

12 Huỳnh Thạch Senior officer<br />

Dr. Tô Xuân<br />

Vietnam Country<br />

13 Phúc<br />

Representative<br />

Economics Institute<br />

Vietnam Forest Products<br />

Association (VIFORES)<br />

Vietnam Forest Products<br />

Association (VIFORES)<br />

Forest trends<br />

ANNEX 03: List of the interviewees and the organizations at provincial level<br />

95


No. Name, position of<br />

Position and Organization<br />

interviewees<br />

1 Mr. Y Manh Adrong, Vice Chairman of District People Committee<br />

2 Mr. Huynh Duc Luan Director of Ea Hleo State Forest Company<br />

3 Mr. Le Cong Hung Vice director of Ea Hleo SFC<br />

4 Mr. Nguyen Ngoc Vice head of Technical Section of Ea Hleo SFC<br />

Hung<br />

5 Mr. Phung Chi Hai Head of Technical Section of Ea Hleo SFC<br />

6 Mr. Ho Duy Tan Chairman of Ea Sol Commune People Committee<br />

7 Mr. Nguyen Van Xuan Deputy Director of Dak Lak province DARD<br />

8 Mr. Nguyen Quoc<br />

Hung<br />

Vice Director of Forest Sub-Department of Dak Lak<br />

province<br />

9 Mr. Le Van Minh Deputy Director of Lam Dong Province DARD<br />

10 Mr. Nguyen Trong Director of Thua Thien Hue Department of Forestry<br />

11 Mr. Nguyen Vu Linh Vice Director of Bach Ma National Park, Thua<br />

Thien Hue<br />

12 Mr. Nguyen Huu Dai Director of Phong Dien Forest Company, Thua<br />

Thien Hue<br />

13 Mr. Le Van Tam Director of Forest Protection Unit, Nam Dong<br />

district, Thue Thien Hue province<br />

14 Mr. Truong Xang Vice Director of Forest Protection Unit, Nam Dong<br />

district<br />

96

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