5.Summary report of the implementation of the law on forest protection and development 2004 2

THE VIETNAMESE NON-GOVERNMENT ORGANIZATIONS NETWORK ON FOREST LAW ENFORCEMENT, GOVERNANCE, AND TRADE (VNGO-FLEGT) Ha Noi, April 2014 KEY MESSAGE F or effective forest protection, especially for the 10 million of natural forest, the participation of forest households and communities has to be ensured Up to now, forest protection is still viewed as the administrative responsibility of the State, and people are not truly deemed as a decisive factor with regards to forest protection The Law on Forest Protection and Development (2004) and other policies related to households and communities still have many issues; specifically, the policies on benefit distribution need to be revised, to ensure the implementation of a legitimate mechanism allowing people to benefit from the forest, hereby encouraging them to take on greater responsibility for forest protection This document presents the research findings on the implementation of the Law on Forest Protection and Development (2004) related to households and communities in Bac Kan , Thua Thien Hue and Lam Dong provinces, in order to draw recommendation for changes in the Law and related policies, and to create a legal basis for forest households and communities to participate in effective and sustainable forest protection and development, and livelihood improvement The research was implemented by member organizations of VNGO-FLEGT in communes of districts of the abovementioned provinces: Bac Kan: Phuong Vien and Ngoc Phai communes of Cho Don district Van Minh and Cu Le communes of Na Ri district Thua Thien Hue: Hong Ha commune of A Luoi district Thuong Nhat commune of Nam Dong district Lam Dong: Da Sar commune of Lac Duong district Phu Hoi commune of Duc Trong district Bao Thuan commune of Di Linh district Information was collected through interviews of 225 households and communities that have been allocated land and forest, or have signed a forest protection contract Consultations were also undertaken with 45 forestry staff commune, district, and provincial level Issues regarding the implementation of the law on forest protection and development (2004) related to households and communities ISSUES IN REGARDS TO FOREST ALLOCATION FOR HOUSEHOLDS MESSAGE From the target provinces, Lam Dong has not implemented a forest allocation policy for over 20 years Prior to that, when the province had allocated forest and land to 2000 households in Da Huoai district, the forest had been cut down after only a short time period with the purpose of planting other trees Stakeholders receiving forest allocation: Most of the households in communes of Bac Kan Thua Thien Hue are from ethnic minorities, are poor, and dependent on forest resources Type of forest allocated: Both provinces have been allocated production forest, but haven’t been allocated special use forest or protection forest Forest allocation is aligned with land allocation and land use certificate issuance Statistics on forest allocation and proportion of natural forest: In surveyed communes in Bac Kan, the average allocated forest plot area size per household is 9,19 ha, while the lowest is 5,53 in Van Minh commune, and the highest is 13,46 in Ngoc Phai commune The average proportion of natural forest is 75% In Thuong Nhat commune in Thua Thien Hue, the average allocated forest plot per household is 1,25 ha, the lowest is 0,5 ha, and the highest is In Hong Ha commune, natural forest accounts for 33,4% of allocated forest Forest patrol and protection tasks: Households and forest rangers in both provinces have patrolled the forest periodically In addition, they participate in forest fire prevention, forest maintenance, enrichment and planting, under contract with the authority Forest land usage: Households in communes of Bac Kan have used barren land to plant rubber and acacia, and have utilized young forest land for interim crops (corn, cassava, terraced rice) Households in communes of Thua Thien Hue have used barren land to plant acacia, rubber, rattan, in addition to having collected non-timber products This assists to increase the household income Harvesting of timber and non-timber products: 100% households interviewed in communes of Bac Kan claim to harvest timber from natural forests for family purposes, but only 11% households apply for a relevant permission The remaining 89% harvest without permission and 88% harvest non-timber products (rattan, bamboo, honey etc) 100% of households interviewed in communes of Thua Thien Hue claim to harvest timber from natural forests for family purposes, and of these 90% apply for permission; while 19% pay resource taxes and 10% pay harvesting fees Forest and land allocation to households is a good strategy However, without an effective and sustainable benefit distribution policy and land use regulations for stable livelihoods, forest and land allocation policies will not achieve their desired outcomes Households that have been allocated forest are the forest owners, but they haven’t been able to carry out the rights as stated in Article 69 and 70 of the Law Thua Thien Hue has implemented mechanisms to allocate forest and land to household groups for many years, but the law doesn’t specify household groups In reality, there are many results in the province which can be used to assess this practice Issues regarding the implementation of the law on forest protection and development (2004) related to households and communities ISSUES ON FOREST ALLOCATION FOR COMMUNITIES MESSAGE Forest allocation to communities has been implemented in all provinces Stakeholders receiving allocation and terms of allocation: They are ethnic communities including Tay, Nung, Dao (in Bac Kan), Co Tu, Pa Co, Ta Oi (in Thua Thien Hue), K’Ho (in Lam Dong), and the majority of them are poor, have low income, are forest-dependent and unstable, i.e they are allocated forest are but cannot sustain forest livelihoods communities in Lam Dong each receive 50-year forest allocation contracts by district People Committee Type of forest allocated: Bac Kan and Thua Thien Hue both have implemented mechanisms to allocate forest to communities Only production forest is allocated, not special use forest or protection forest Forest allocation is aligned with land allocation and land use certificate issuance Statistics on allocated forest plot and proportion of natural forest: In Bac Kan, the community in Na Muc has been allocated 118,3 forest, the community in Khuay Lieng has been allocated 121,1 ha, of which over 80% is natural forest In Thua Thien Hue, communities in Thuong Nhat have received an average of 164,6 of forest, and the figure in Hong Ha is 289 In Lam Dong, the community in Ka La Tong Gu includes 196 households that have received 500 of forest, and the community in Phu An includes 10 households that have received 60 forest Thus, forest allocation figures differ from one province to another, subject to the forest inventory Forest patrol and protection task: All surveyed communities have established community management boards that organize forest patrols with forest rangers Harvesting of timber and forest products, and other activities: In Bac Kan, communities have mostly been allocated poor natural forest, and households from the community are allowed to harvest timber for family purposes They must apply for the relevant permission from the community, the commune and the district, and pay a harvesting design fee of 60.000 vnd/m3 and a resource tax of 300.000 vnd/m3 In addition, communities can use barren land to plant sao, xoan and crops In Thua Thien Hue, communities in Thuong Nhat receive either external funding or forest protection payment from the State, and patrol forest regularly However, when the funding ends and there is no longer any forest protection payment, communities not patrol forest anymore In A Luoi district, communities, households and household groups receive district funding for planting forest and rattan under the forest canopy Households and groups agree to contribute with partial funding to increase its effectiveness Communities, however, cannot contribute, and consequently render the implementation ineffective In Lam Dong, communities in Ka La Tong Gu and Phu An receive PFES payment of 300.000 vnd/ha/year in order for them to implement effective forest patrols and forest protection In addition, intact forest sustains water sources for grass and paddy fields, enabling the community in Phú An to raise 200 buffalos and to grow paddy crop The Forest Protection and Development Law provides a legal basis for forest allocation for communities but does not recognize communities as formal owner, consequently Chapter V of this Law fails to specify the rights and obligations of communities like other forest owner Article 30 of the Law states the right of communities to stable and long-term forest use, enabling community members to harvest forest products for family purposes However, most of the natural forest allocated to communities is of poor quality, and the additional lack of an enforced benefit distribution policy complicates the life of communities very much The Civil Law (2005) has not recognized the community as a legal entity, thus the position of the community in forest management is unclear Issues regarding the implementation of the law on forest protection and development (2004) related to households and communities ISSUES ON FOREST PROTECTION CONTRACT WITH HOUSEHOLDS MESSAGE Forest protection contracts with households has been signed and implemented in all provinces, especially in Lam Dong Stakeholders obtaining forest protection contracts and terms of contract: The area size of forest under protection contracts with households in Bac Kan is limited, as most of the forest has been allocated In our survey, only households in Cu Le commune are contracted to protect the production forest, which can be natural forest or planted forest In Thua Thien Hue, households are contracted to protect the upstream forest area, including the barren land inside the upstream forest In Thuong Nhat commune, there are 18 households with 30-year contracts, while in Hồng Hạ commune, only households are contracted In Lam Dong, 62,8% of the forest area is contracted to households In Da Sar commune, all of the forest is contracted to 713 K’Ho ethnic households, under 1-year agreements with the Da Nhim Management Board for Protection Forest Type of forest under protection contract: Upstream protection forest and production forest which can be natural or planted forest Statistics on the forest under protection contract: The average area size in Bac Kan is 11,27 per household In Thua Thien Hue, the average forest plot under protection contract in Thuong Nhat commune is 1,46 per household, while in Hong Ha commne households are jointly contracted 360 of forest In Lam Dong, the average area size of forest plots under protection contract in Da Sar is 27 per household Forest patrol and protection task: In Bac Kan, the contract is signed with individual households In Thua Thien Hue, the contract is signed with a selected representative of the household group In Lam Dong, the contract is signed with individual households In any case, forest patrol teams of 7-15 households are organized Benefits of forest protection contract: In Bac Kan and Lam Dong, households are paid by the State through Program 661 In Lam Dong, households receive PFES payments averaging 300.000 vnd/ha/year In addition, they benefit from harvesting planted forest and small cutting Forest protection contracts with households are not formally stated in the Law, but in reality it is implemented quite effectively in many provinces Forest protection contracts have been implemented for over 20 years, but the State has not provided the relevant policies, especially on stable and long-term protection contracts and forest benefit distribution The question is how to implement 30-or-more-year contracts with households and to ensure that households benefit from additional natural forest increment that they plant Issues regarding the implementation of the law on forest protection and development (2004) related to households and communities RECOMMENDATION FOR CHANGES IN THE LAW ON FORESTPROTECTION AND DEVELOPMENT (2004) RELATED TO HOUSEHOLDS AND COMMUNITIES REFERENCE The Law needs to reflect that forestry is an economic sector, which consists of an economic chain from seeding to harvesting, processing, and exporting The forest must be sustained as a valuable economic source, and the State must have relevant policies on promoting effective forest use and expanding the value of the forest and ecosystems The Law must not only regulate forest protection and development We must remember the principle of “ensuring that forest workers can sustain themselves with their forest occupations” The Law needs to include a chapter on issues related to households and communities, which entails: the legal position of households and communities in forestry; their responsibility in forest management; their rights to use forest resources and to participate in PFES; their rights to use land must be aligned with forest use; mechanism for rewards, penalties, credits, benefit sharing, monitoring etc must be clearly stated This reflects the role and position of the people in forest management and forestry, which is recognized by the State and the law These legal requirements must be connected to the law and regulations Stable and long-term forest protection contracts need to be specified in the Forest Protection and Development Law, because they have been implemented quite effectively in many provinces for over 20 years Viet Nam Socialist Republic (2004), the Law on Forest Protection and Development Viet Nam Socialist Republic (2005), the Civil Law Viet Nam Socialist Republic (2013), the Land Law Government of Viet Nam Socialist Republic (2006), Decree 23/2006/NĐ-CP on implementing the Law on Forest Protection and Development Government of Viet Nam Socialist Republic (2008), Decree 30a/2008/NQ-CP on Rapid and Sustainable Poverty Eradication Prime Minister of Viet Nam Socialist Republic (1994), Decision 202-TTg on forest protection contract Prime Minister of Viet Nam Socialist Republic (2006), Decision 186/2006/QĐ-TTg on forest management Prime Minister of Viet Nam Socialist Republic (2005), Decision 304/2005/QĐ-TTg on forest allocation and forest protection contract in Tây Nguyên MARD (2011), Report 1404/BC-BNN-TCLN on Program million of forest 10 MARD (2013), Decision 1739/QĐ-BNN-TCLN on 31/7/2013 on Announcement of forest condition 2012 11 FSSP (2013), Review of 10-year implementation of the Law on Forest Protection and Development (2004) Issues regarding the implementation of the law on forest protection and development (2004) related to households and communities OVERVIEW OF VNGO-FLEGT VNGO-FLEGT currently has 40 member organizations nationwide The Network’s Steering Committee includes leaders from organizations: Center for Sustainable Rural Development (SRD), Center for People and Nature (Pan Nature), Central Rural Development Organization (CRD), and Center for Forest and Wetland Research (FORWET) The Director of SRD currently chairs the Steering Committee Most of VNGO-FLEGT members are sciencetechnology organizations, legally established by the State authority (such as VUSTA, provincial DOST, provincial DPI etc) Member organizations voluntarily established the VNGO-FLEGT network with the purpose of raising the role, position, and awareness of forest households and communities, supporting them to effectively protect and develop forests, and to use forests legitimately and sustainably, in order to improve their livelihoods and income, and to contribute to the completion of new forest governance policies and relevant mechanisms Issues regarding the implementation of the law on forest protection and development (2004) related to households and communities CENTRE FOR SUSTAINABLE RURAL DEVELOPMENT ADDRESS: 56, lane 19/9 Kim Dong Street, Hoang Mai District, Ha Noi TEL: 04 3943 6678/76 FAX: 04 3943 6449 EMAIL: info@srd.org.vn WEB: www.srd.org.vn ... MARD (20 13), Decision 1739/QĐ-BNN-TCLN on 31/7 /20 13 on Announcement of forest condition 20 12 11 FSSP (20 13), Review of 10-year implementation of the Law on Forest Protection and Development (20 04) ... the implementation of the law on forest protection and development (20 04) related to households and communities RECOMMENDATION FOR CHANGES IN THE LAW ON FORESTPROTECTION AND DEVELOPMENT (20 04) ... regarding the implementation of the law on forest protection and development (20 04) related to households and communities ISSUES ON FOREST PROTECTION CONTRACT WITH HOUSEHOLDS MESSAGE Forest protection