Assessment framework on land reallocation of forestry enterprises in

Vietnam

Dr. Nguyen Anh Phong

INTRODUCTION

By 2012, forestry enterprises (AFEs) and Forestry Management Boards manage 2.15million hectare of forest land with very limited efficiency

Resolution No 30/NQ-TW and Decree No 118/2014/NĐ-CP on restructuring,development and improvement of agriculture and forestry enterprises (AFEs)

AFEs develop land use plan to return “inefficient” land to local authorities

Priority in allocating forest land is given to ethnic minorities in the area who arelandless or lack of production land

But:

The process was running very slowly

Lack of special policy framework for the land that AFEs return to localauthorities, to ensure the right of smallholders farmers and ethnic minorities toaccess that resource

Lack of M&E system for that land reallocation process

Project: Assessment framework on land reallocation of forestry enterprises in Vietnam

Lead organization: The Center for Agricultural Policy (CAP) / the Institute of Policy and Strategy for Agricultural and Rural Development (IPSARD)

Project Partners: Research Institute of Land Administration (RILA) of General Department of Land Administration; Centre for Environment and Community Assets Development (CECAD) under the Vietnam Union of Science and Technology Associations (VUSTA).

Objectives

Policy framework for reallocation of lands of State Forest Enterprises reviewed and Monitoring System developed and piloted

Recommendations for improved policies and practices on reallocation of lands from state forest enterprises and scaling up of M&E systems

M&E FrameworkSFE land

reallocation process

Good governance

Indicators Sub-indicators Questions Calibration

Process of

land allocate

from AFEs to

local

government:

- Step 1

- Step 2

- …

Process of land

reallocate for

farmers

- Step 1

- Step 2

- …

Participation

Transparency

Accountability

Capacity

Effectiveness

Fairness

Sub- Indicator 1

Sub- Indicator 2

Sub- Indicator X

Sub- Indicator 1

Sub- Indicator 2

Sub- Indicator n

……………….

Question 1.1

Question 1.x

Question 2.1

Question 2.y

Question 3.1

Question 3.z

…………………

Question ..

Question ..

Forest land

governance

index (FLGI)

Evalu

ation

point

Weighting

Weighting

Evalu

ation

point

Evalu

ation

point

Evalu

ation

point

100 points

each

PROCESS

1. Process of land allocate from AFEs to local government (100 point)

Arrangement, renewing of AFEs (10 point)

Allocate land to local government (40 point)

Reallocate land to farmers and organizations (40 point)

Monitoring and Evaluation of inspectors (10 point)

2. Process of land reallocate for farmers (100 point)

Assessing local people’s demand (10 point)

Designing allocation plan (20 point)

Announcing land allocation plan (20 point)

Publishing the list of allocated cases (20 point)

Determine land boundaries and resolving land disputes (20 point)

Issuing land-use right certificate (10 point)

SUB-INDICATORS(Process of land allocate from AFEs to local government)

Arrangement, renewing of AFEs

1. Designing plan for rearranging AFEs

2. Preparing, evaluating, submitting evaluation documents to be approved, and organizing

implementation plan if approved

3. Approving AFE rearrangement plan

4. Reviewing land-use situation including location, management boundary and land-use

5. Designing land-use plan based on approved rearrangement plan

6. Evaluating and approving land-use plan of AFEs

7. Regarding AFEs that was officially inspected and their land was reviewed and measured,

their land-use plan should be adjusted to be suitable to local land-use plan

Allocate land to local government

1. Designing plan for transferring land that is not used by AFEs to local government

2. Approving plan for dealing with the land acquired from AFEs

3. Developing plan for dealing with the land acquired from AFEs

4. Acquiring the land back and transferring it to local government

5. Resolving disputes over land lease, encroachment

6. Handing over land acquisition documents to Provincial People Committee

7. Determining land-use boundaries for the land transferred to local government

SUB-INDICATORS(Process of land allocate from AFEs to local government)

Reallocate land to farmers and organizations

1. Designing land-use plan for land that is transferred to local government by companies

2. Determining land value for facilitating land lease and allocation process

3. Selecting appropriate local groups to be given reallocation priority

4. Informing/guiding investors, local people applying for leasing or being allocated the

acquired land from AFEs

5. Measuring and determining land boundaries for facilitating reallocation activity and

process of issuing land-use right certificate to users

6. Issuing land-use right certificate to organizations, individuals being reallocated or leasing

acquired land

7. Women participation in land acquisition and reallocation process

SUB-INDICATORS(Process of land allocate from AFEs to local government)

Sample Matrix of M&E SystemIndicators Process Sub-indicators Questions Answer Score description

Score rangeLegal framework

Min Max

I1. Participation

(Maximum score is 100)

Arrangement,

renewing of AFEs (10

point)

Designing plan for rearranging forestry companies

- Do your organization participate in designing the plan for rearranging forestry companies?- Is the plan contents well-organized? (Clearly mentioning about current situation, proposal content, stakeholder function, measures for managing land and forest, labour, capital, implementation conditions after approved)

Yes, No5 point for Yes, 0 point for No

0 5

Section 1, Article 12 Decree

118/2014/ND-CP

Article 2, Circular

02/2015/TT-BNNPTNT

Preparing, evaluating, submitting evaluation documents to be approved, and organizing implemention plan if approved

- Do your organization evaluate the plan of agriculture and forestry companies? - Are evaluation documents exact, complete and complied with regulations? - 5 kinds of document- Responsibility for founding and joining evaluation board- 20 days after receiving the complete documents, Enterprises Management Department shall submit to evaluation board

Yes, No6 point for Yes, 0 point for No

0 6Section 1,2,3,4,5, Article 7, Circular 02/2015/TT-BNNPTNT

Approving rearrangment plan of companies

- Completing documents, then submit them to Prime Minister for being considered- Is it suitable to regulate duration for completing documents within 5 days?

Yes, No5 point for Yes, 0 point for No

0 5Section 6, Article 7, Circular 02/2015/TT-BNNPTNT

Reviewing land-use current situation including location, management boundary and land-use

- Participating in reviewing land-use current situation, management boundary and land-use…

Yes, No7 point for Yes, 0 point for No

0 7

Section 1, Article 46, Decree 43/2014/ND-CPSection 1, Article 13 Decree 118/2014/ND-CPArticle 5, Circular 07/2015/TT-BTNMT

Designing land-use plan based on approved arrangement plan

- Participating in designing land-use plan based on approved arrangement plan- Participating in reviewing land-use plan, tmanagement boundary and land-use…

Yes, No4 point for Yes, 0 point for No

0 4

Section 1, Article 46, Decree 43/2014/ND-CPSection 2, Article 13 Decree 118/2014/ND-CPArticle 6, Circular 07/2015/TT-BTNMT

Women participation in land acquisition and redistribution process

- Proportion of women participation in land acquisition and redistribution process

%

2 Choices2 point for 100% - 75%1.5 point for 75%-50%1 point for 50%-25%0.5 point for 25%-0%

0 2

.........................

An example of evaluation results of 1 governance indicator

0

20

40

60

80

1001. Participation

2. Accountability

3. Transparency

4. Capacity

5. Effectiveness

6. Fairness

Maximum

Authorities

Farmers

Who will be interviewed?1. Government officers

Enterprises Management Department, MARD

Provincial People Committee

Provincial Department of Agriculture and Rural Development

Provincial Department of forest protection

State forestry companies

Provincial Department of Natural Resources and Environment

District People Committee (Division of Natural Resources and Environment, Agriculture)

District Department of forest protection

Forest Management Board

Commune People Committee

2. Farmers

Ex-worker or contracted farmers of AFEs

Local people

Poor people/Ethnic minority

3. CSOs/NGOs

Next steps

Finalize M&E system (drafting)

Piloting M&E system in 5 provinces

Workshop to present the M&E results of the 1st survey

Capacity building training for commune officers and farmers in forest land

allocation policy and good forest land governance practices

Policy recommendation

Transition plan for scaling up the M&E system

Sharing lesson learns and experiences

Thank you for your attention!