FGM Workshop Background Paper - REDD - VietNam

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• There is no connection between land allocation and forest allocation (area is identified but there is no data about forest status, standing stock, etc, thus there is no basis for beneficiary calculation. • Land disputes and encroachments in some areas occurred because of different reasons. They have not been solved. • Civil Law in 2005 (Basic Law) does not recognize village communities (called community) as a legal entity. Therefore, they do not have rights like other forest owners to transform, transfer, rent, mortgage, act as a gurantee with their allocated forest land. Legal status of village communities should be clearly identified for forest resource management. • It is unclearly perceived that forest is a property, so forest allocation and forest rental policies are treated as natural forest protection policies rather than property protection and defined only for two criteria: forest area and cover. • What are the rights of forest enterprises when they work with forest rental or allocated forest with rental charge or fee payment (especially natural forest land). What is being monitored already? • Allocation of land and forests What needs to be monitored in the future? • Number of Forest Management Boards having forest allocated, but without land use certificate. • Number of Forest Management Boards clearly knows in-the-field defined boundaries of the forest under their management. • Number of Forest Management Boards made in-the-field demarcation for the forest under their management. • Total area of land, forest allocated to households. • Area of land, forest allocated to households having clearly defined boundaries in the field. • Area of forest allocated to households but without land-use certificate. • Number of land-related conflicts between households and organizations. • Number of land-related conflicts between households and organizations solved. • Number of land-related conflicts between households and other households. • Number of land-related conflicts between households and other households solved. 3.2.3. State forest enterprise restructuring Box 12: Results of state forest enterprise restructuring • The number of SFEs decreased from 355 (2005) down to: only 157 SFEs converted into Forest Companies (FCs), 68 SFEs converted into Forest Management Boards and 28 Forest Management Committee newly established due to splitting of protection forests from SFEs, and 14 SFEs dissolved. • Total area under management of 157 FCs) is more than 2 million ha (2005: 4.08 million ha). • Total area managed by forest management boards (converted from SFEs 30
and newly established) : more than 4 million ha. ISSUES TO BE ADDRESSED: • Rights, duties, and responsibilities of FCs for forest management as forest enterprises have not been clearly identified in legal documents, particularly, the policy on natural forest with production function allocated to FCs. According to the current law, natural forests with production function are important production materials of the company, but they are not accepted as FCs’ asset. FCs therefore manage the allocated forests as natural resources not as asset. • According to Forest Protection and Development Law, for FCs the Government executes the land and forest land allocation or forest rental with rental charge paid by FCs, but there is no specific provisions to address that. Currently, the Government has performed the land allocation without land and forest use/rental charge for many FCs. Some provinces implement forest rental, but FCs can not afford the payment for the rental charge due to lack of budget. • Decree No. 200 also does not have any provision facilitating FCs to get longterm loans for plantation cycle, essential for FCs to run their operation, even FCs operating in remote areas. • According to Forest Protection and Development Law (Article 64), though FCs have paid forest use and rental charge from their own budget (no government budget), they only are allowed to profit from the value added to the forests, but there is no transparent and clear regulation how to identify the value added and how to benefit from it. • SFEs that do not have harvestable plantation and mainly have poor natural forests were converted into FCs, do not afford to manage and protect this forest area and can generate profits. • Land withdrawn from SFEs for allocation to other bodies has not been implemented well. In some localities, numerous area of forest land has been withdrawn from FCs but failed to be allocated to other bodies. Commune People Committes therefore temporarily manage this area, but they are not forest owners and have no capacity for management and protection, which results in “ownerless” circumstances for the forest land. • Almost all FCs have not completed their forest and forest land management plans or have plans available but fail to apply as a “legal” instrument for land and forest management. • In some provinces, FCs do not have self-control right for their own financial issues during their natural forest business because in the provincial policy, profits from standing tree auction is collected by Provincial Financial Department and reallocated a part to FCs as forest management unit operating under provincial budget. • FCs had to hand over good-quality and close-to-communities lands for agricultural purposes, so they had to move to more remote region and do their business with poor-quality land left, poor infrastructure, long production cycle with lots of risks which results in higher costs, particularly transportation and lower efficiency. 31
Page 1 and 2: Forest Governance Monitoring in Vie
Page 3 and 4: 3.6.1. Implementation, enforcement
Page 5 and 6: LIST OF FIGURES PAGE Figure 01: Rel
Page 7 and 8: ACRONYMS AND ABBRIVIATIONS COFO Com
Page 9 and 10: 1.1 Background and context Chapter
Page 11 and 12: providing valuable experiences for
Page 13 and 14: The term Forest Governance also eme
Page 15 and 16: In each of these pillars the follow
Page 17 and 18: Figure 03: The Roots and fruits of
Page 19 and 20: way, for example on the actual impr
Page 21 and 22: a. Credibility of the monitoring pr
Page 23 and 24: ii. Use as much as possible existin
Page 25 and 26: As mentioned above, forest governan
Page 27 and 28: Development” • Establish the na
Page 29: management boards 4,318,492 ha (33%
Page 33 and 34: • Total land area allocated to fo
Page 35 and 36: • Area of natural forest lost due
Page 37 and 38: • Develop and consolidate the pro
Page 39 and 40: sanctions with 210 defendants. Howe
Page 41 and 42: Box 18: Status on forest fire • F
Page 43 and 44: • The implementing progress is sl
Page 45 and 46: • The provincial fund for forest
Page 47 and 48: 3.5.1. Forest governance cycle Sust
Page 49 and 50: What needs to monitored/measured in
Page 51 and 52: • Impacts of conversion from fore
Page 53 and 54: What needs to monitored/measured in
Page 55 and 56: design and development relating to
Page 57 and 58: What is monitored/ measured already
Page 59 and 60: • Monitoring, reporting, verifica
Page 61 and 62: other non-forest purposes, and resp
Page 63 and 64: Figure 08: Pillar 1 “Policy, lega
Page 65 and 66: Table 01: Overall assessment by 6 p
Page 67 and 68: 45 Current status of forest land Ye
Page 69 and 70: 3.1 Sustainable forest management a
Page 71 and 72: 72 4.2.3 Expenditure on forest trai
Page 73 and 74: Table 04: Indicators proposed for s
Page 75 and 76: ST 19 Area of protection forest wit
Page 77 and 78: 42 Number of forest companies finan
Page 79 and 80: conversion of forest. ST 67 Number
Page 81 and 82:
91 Number of criminal-violation cas
Page 83 and 84:
113 Amount that organizations and i
Page 85 and 86:
for export to EU market. 139 Number
Page 87 and 88:
5.4. Next steps proposed for streng
Page 89 and 90:
Chapter 6: CONCLUSION Due to the in
Page 91 and 92:
• Forest Protection (9); • Hand
Page 93 and 94:
No Name Position Position 1 Dr. Ngu
Page 95 and 96:
1 Dr. Nguyễn Bá Ngãi Vice direc
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FGM Workshop Background Paper - REDD - VietNam

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