Assessment framework on land reallocation of forestry enterprises in Vietnam

1. Assessment framework on land
reallocation of forestry enterprises in
Vietnam
Dr. Nguyen Anh Phong

2. INTRODUCTION
 By 2012, forestry enterprises (AFEs) and Forestry Management Boards manage 2.15
million 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 are
landless or lack of production land
 But:
The process was running very slowly
Lack of special policy framework for the land that AFEs return to local
authorities, to ensure the right of smallholders farmers and ethnic minorities to
access that resource
Lack of M&E system for that land reallocation process

3. 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

4. M&E Framework
SFE 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

5. 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)

6. 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

7. 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)

8. 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)

9. Sample Matrix of M&E System
Indicators Process Sub-indicators Questions Answer Score description
Score range
Legal 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, No
5 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, No
6 point for Yes, 0 point for
No
0 6
Section 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, No
5 point for Yes, 0 point for
No
0 5
Section 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, No
7 point for Yes, 0 point for
No
0 7
Section 1, Article 46, Decree
43/2014/ND-CP
Section 1, Article 13 Decree
118/2014/ND-CP
Article 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, No
4 point for Yes, 0 point for
No
0 4
Section 1, Article 46, Decree
43/2014/ND-CP
Section 2, Article 13 Decree
118/2014/ND-CP
Article 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 Choices
2 point for 100% - 75%
1.5 point for 75%-50%
1 point for 50%-25%
0.5 point for 25%-0%
0 2
.........................

10. An example of evaluation results of
1 governance indicator
0
20
40
60
80
100
1. Participation
2. Accountability
3. Transparency
4. Capacity
5. Effectiveness
6. Fairness
Maximum
Authorities
Farmers

11. 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

12. 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

13. Thank you for your attention!