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Georg-August University of Goettingen = & = FOREST LAND ALLOCATION IN DAK LAK PROVINCE, VIET NAM A Case Study Of Ea Hleo And Cu Jut Forest Enterprises Thesis to obtain the Degree of Master of Science in Tropical Forestry (M.Sc.forest.trop.) at the Faculty of Forest and Ecology Geog-August University Goettingen Submitted by Tran Huu Nghi Dak Lak, Viet Nam 1 st Supervisor: Prof. Dr. Maximillian Krott 2 nd Supervisor: Dr. Regina Birner November 2001 Goettingen, Germany

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Page 1: FOREST LAND ALLOCATION IN DAK LAK PROVINCE, VIET NAM...great appreciation to Mr. Daniel Mueller, PhD. Candidate, Mr. Pham Tan Ha, and Ms. Nguyen Ai Lien from the TOEB project, who

Georg-August University of Goettingen���� = && = ����

FOREST LAND ALLOCATION INDAK LAK PROVINCE,

VIET NAMA Case Study Of Ea Hleo And Cu Jut

Forest Enterprises

Thesis to obtain theDegree of Master of Science in Tropical Forestry (M.Sc.forest.trop.)

at theFaculty of Forest and Ecology

Geog-August University Goettingen

Submitted byTran Huu NghiDak Lak, Viet Nam

1st Supervisor: Prof. Dr. Maximillian Krott2nd Supervisor: Dr. Regina Birner

November 2001

Goettingen, Germany

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Acknowledgements

This thesis is submitted as the final part of a postgraduate course "Forestry in Tropics and

Sub-tropics" at the Georg August University of Goettingen, Germany. This thesis is a part

of the research project "Development of an Information System to Assess Land Use

Change in Upland Watersheds" which was funded by the Tropical Ecology Support

Program (TOEB) in co-operation with the project of Sustainable Management of Resources

in the Lower Mekong Basin (SMRP) both of which are undertaken by the German Agency

for Technical Cooperation (GTZ). The research was carried out in two communes, namely

Ea Sol and Ea Po, in Dak Lak province, central highlands of Vietnam, where the Forest

Land Allocation program has been implemented.

This thesis would not have been possible without the assistance of many individuals and

institutions. Most importantly, I am deeply indebted to the villagers who were patient and

kindly answered my questions during the field research. I am grateful to my supervisor

Prof. Dr. Maximilian Krott, Institute of Forestry Policy, University of Goettingen, who

finally evaluated my final work. I would also like to acknowledge the inestimable support

from my second supervisor Dr. Regina Birner, Institute of Rural Development, University

of Goettingen, who kindly gave me much assistance throughout the whole duration of my

MSc. course.

I would like to express my gratitude to The Sustainable Management of Resources in the

Lower Mekong Basin Project, The German Technical Co-operation Agency (GTZ),

especially Dr. Hans Helmrich and Mr. Michael Glueck, for their trust given to me to join to

the research program with funding support from GTZ. My grateful thanks are extended to

Mr. Phan Muu Binh, director of the Department of Agriculture and Rural Development of

Dak Lak province and Mr. Tran Ngoc Thanh, SMRP project, who made the administration

available for me to conduct the field research. I would also like to express my sincere

thanks to the representatives of the state agencies at provincial, district and commune level

involved in forest land allocation who fully co-operated in the collection of information,

especially the Ea Hleo and Cu Jut Forest Enterprises.

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A special word of thanks are due to all my friends and colleagues in Dak Lak province

whose names are too numerous to be mentioned separately here, for their co-operation and

supplying me with information required during my research. I would like to express my

great appreciation to Mr. Daniel Mueller, PhD. Candidate, Mr. Pham Tan Ha, and Ms.

Nguyen Ai Lien from the TOEB project, who gave me a lot of advice and information. I

would also like to acknowledge Ms. Pamela Mc Elwee from Yale University, U.S.A, and

Dr. Thomas Sikor from Humboldt University for their editing and comments on my thesis.

Special thanks are also due to my assistants Mr. Hoang Van Long, Mr. Ksor Tot, and Mr.

Ksor Wanh who assisted me in household interviews at the villages.

Last but not least, I would like to thank my parents and my brothers and sisters who forgo

their hard-earned comfort and pleasures of life in order to enable me to join this course and

who always encourage me to pursue academic goal, and especially, my lovely wife, Ngoc

Diem, for her love and support for me in my study, without whose support this thesis would

have been impossible.

Thank you all.

Goettingen, November 2001 Tran Huu Nghi

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Table Of Contents

ACKNOWLEDGEMENTS.................................................................................................I

TABLE OF CONTENTS ................................................................................................. III

LIST OF TABLES............................................................................................................ V

LIST OF FIGURES .......................................................................................................... V

LIST OF ABBREVIATIONS........................................................................................... VI

CHAPTER I ................................................................................................................ 1

1 INTRODUCTION ............................................................................................ 1

1.1 BACKGROUND.................................................................................................. 11.2 OBJECTIVES...................................................................................................... 31.3 STRUCTURE OF THE THESIS ............................................................................ 4

CHAPTER II............................................................................................................... 5

2 THEORETICAL FRAMEWORK ............................................................. 5

2.1 LITERATURE REVIEW OF PROPERTY RIGHTS AND TENURE SYSTEMS ....... 52.2 ANALYTICAL FRAMEWORK ............................................................................ 72.3 RESEARCH HYPOTHESIS................................................................................ 112.4 LEGISLATIVE AND POLICY FRAMEWORK FOR FOREST LAND

ALLOCATION IN VIETNAM....................................................................................... 11

CHAPTER III........................................................................................................... 14

3 METHODOLOGY ......................................................................................... 14

3.1 SELECTION OF RESEARCH SITES .................................................................. 143.2 RESEARCH METHODOLOGY.......................................................................... 163.3 LIMITATION OF THE RESEARCH METHODOLOGY ....................................... 17

CHAPTER IV .......................................................................................................... 19

4 PROFILE OF THE STUDY SITES........................................................ 19

4.1 OVERVIEW OF EA SOL AND EA PO COMMUNES ........................................ 194.2 POPULATION AND ETHNIC COMPOSITION ................................................... 194.3 FOREST RESOURCES AND ITS UTILIZATIONS .............................................. 214.4 LAND USE ....................................................................................................... 21

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CHAPTER V ............................................................................................................ 23

5 RESULTS AND ANALYSIS.................................................................... 23

5.1 INSTITUTIONAL ANALYSIS............................................................................ 235.1.1 Role of Stakeholders and Their Performance in FLA process .................... 235.1.2 Roles of SMRP/GTZ project in FLA......................................................... 285.1.3 Chronology of events in Ea Hleo Forest Enterprise ................................... 295.1.4 Chronology of Events in Cu Jut Forest Enterprise ..................................... 325.1.5 Stakeholders assessment ........................................................................... 33

5.2 PRESENTATION OF HOUSEHOLD SURVEY RESULTS ................................... 355.2.1 Targeting................................................................................................... 355.2.2 Participation.............................................................................................. 365.2.3 Equity in the Forest Land Allocation program........................................... 375.2.4 Forest protection and investment............................................................... 405.2.5 Expected benefits ...................................................................................... 425.2.6 Expectation of non-recipients .................................................................... 445.2.7 Gender issue ............................................................................................. 45

CHAPTER VI .......................................................................................................... 49

6 DISCUSSION................................................................................................... 49

6.1 INSTITUTIONAL ASPECTS .............................................................................. 496.2 HOUSEHOLD PERSPECTIVE ........................................................................... 51

6.2.1 Participation.............................................................................................. 516.2.2 Incentive to invest in allocated plots.......................................................... 526.2.3 Incentive to protect allocated plots ............................................................ 536.2.4 Expectation from non-recipients................................................................ 546.2.5 Gender issue ............................................................................................. 54

CHAPTER VII......................................................................................................... 56

7 CONCLUSIONS AND RECOMMENDATIONS ........................... 56

7.1 CONCLUSIONS................................................................................................ 567.2 RECOMMENDATIONS..................................................................................... 57

SUMMARY .............................................................................................................. 60

ZUSAMMENFASSUNG..............................................................................62

BIBLIOGRAPHY .................................................................................................. 64

APPENDICES ......................................................................................................... 67

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List Of Tables

Table 1: Bundle of rights associated with positions ............................................................ 6

Table 2: Households sampling selection ........................................................................... 17

Table 3: Population in two communes.............................................................................. 20

Table 4: Existing land use of Ea Sol and Ea Po communes (Unit: Hectare) ...................... 22

List Of Figures

Figure 1: Analytical framework.......................................................................................... 8

Figure 2: Study sites in Dak Lak province ........................................................................ 15

Figure 3: Ethnic group composition of Ea Sol and Ea Po communes ................................ 20

Figure 4: Institutional landscape of FLA in Dak Lak province.......................................... 23

Figure 5: Number of recipient and non-recipient households by poverty class .................. 36

Figure 6a: Attendance of meeting by poverty class ........................................................... 37

Figure 6b: Attendance of meeting by gender .................................................................... 37

Figure 7: The size of agricultural land of recipients and non-recipients............................. 38

Figure 8a: Quality of allocated forest (evaluated by villagers) .......................................... 39

Figure 8b: Size of plots by poverty .................................................................................. 39

Figure 9a: Time allocation for forest protection................................................................ 40

Figure 9b: Formation group for forest protection ................................................................40

Figure 10: Intended investment and changes of allocated plots by poverty class ............... 41

Figure 11: Recipients expected support from relevant of organizations............................. 42

Figure 12: Expected benefit from allocated forest............................................................. 43

Figure 13: Non-recipients expect to receive forest land in the future by poverty class....... 44

Figure 14: Non-recipients expect disadvantages because without FLA ............................. 45

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Figure 15: Intention of recipients to inherit allocated plots in the future............................ 46

Figure 16: Registered name in the Red Books .................................................................. 47

Figure 17: Collection of NTFPs in two study sites............................................................ 48

List Of Abbreviations

AES Agriculture Extension Station

ARDO Agriculture and Rural Development Office

CFE Cu Jut Forest Enterprise

CWG Consultative Working Group

DARD Department of Agriculture and Rural Development

DOLISA Department of Labor, Invalids, and Social Affairs

DPI Department of Planning and Investment

EFE Ea Hleo Forest Enterprise

FDD Forest Development Sub-Department

FLA Forest Land Allocation

FPD Forest Protection Department

FPU Forest Protection Unit

GTZ German Technical Cooperation Agency

IUCN International Union for the Conservation of Nature

LMD Land Management Department

LMO Land Management Office

NTFPs Non-Timber Forest Products

PC People’s Committee

PRA Participatory Rural Appraisal

SFEs State Forest Enterprises

SMRP The Sustainable Management of Resources in the Lower Mekong Basin

Project

SPSS Statistical Package for Social Sciences

TOEB Tropical Ecology Support Program (belonging to GTZ)

VND Viet Nam Dong (currency)

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CHAPTER I

1 Introduction

1.1 Background

" ... to facilitate allocation of land to the use that provides

the greatest sustainable benefits and to promote the

transition to a sustainable and integrated management

of land resources. In doing so, environmental, social and

economic issues should be taken into consideration. Protected area,

private property rights, the rights of indigenous people and

their communities and other local communities and

the economic role of women in agriculture and rural development,

among other issues, should also be taken into account"

(Agenda 21 - Chapter 10)

In Vietnam, land is owned by the people under the integrated management of the State,

which allocates land to users for long term and stable use (Land Law 1993). Because forest

resources have been degraded rapidly over the last few decades, (annual forest loss has

been around 100 to 40,000 hectares){IUCN Vietnam (Publ.) 2000}. The Government has

become aware of the problem with the country's decreasing forest cover and has been

addressed it by embarking on forestry policy reform programs. During the 1990s, Vietnam

has been reviewing its approach to the management of its natural resources. Forest Land

Allocation (FLA) is one important component of the decentralization process in Vietnam's

forest management.

A part from the forest degradation, rural poverty is also a big problem to be addressed by

the local government. Most of the poor and hungry are ethnic minorities and live in remote

areas with daily activities related to forest resources, especially, the indigenous ethnic

groups who have been living in the central highlands for hundreds of years, but are still

very poor and lack land for cultivation. According to a survey in 1999 from the Department

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of Labor, Invalids and Social Affairs (DOLISA) of Dak Lak province, there were 58,987

households (18.1 percent of the provincial population) classified as poor and hungry in Dak

Lak province of which 40 percent were indigenous people. Besides, the population growth

rate has been very high in the last decades in Dak Lak province. There were 350,000 people

in 1975, which increased to 1.73 million people in the year 2000 {Thanh 2000}.

Uncontrolled immigrants from other provinces of the country mainly caused this fact.

Consequently, indigenous ethnic minorities have been pushed deeper and deeper into the

forest driven not only by land encroachment, but also by land transfers and land sales to the

new comers.

In January, 1994, based on the Decree No. 02/CP and the more recent Decree No 163/ND-

CP in November 1999, the government decided to decentralize forest management and

allocate forest and forest land to households, individuals and organizations for long-term

sustainable usage. So far, mostly bare lands for reforestation has been distributed to

agricultural households under this decree. There is still a considerable lack of knowledge

and experience concerning successful models of allocating forested land. One major

question is under which institutional arrangements forest land should be allocated in order

to improve the management and protection of the forests on the one hand and improve the

livelihood of rural households on the other hand. Another question is whether land should

be allocated to individual households, to groups of households or to communities. Different

models have been discussed: leasing out of forest land on a long-term contractual basis,

allocation of a bundle of rights (right to use, to mortgage, to transfer, to inherit, right to

sell.) on the basis of the Land Use Certificate, a so called “Red Book”1, or formation of

groups of households for the purpose of forest management, etc.

Against this background, the People’s Committee (PC) of Dak Lak Province has played a

pioneering role and started a pilot project of allocating existing natural forest to households

user groups and communities which goes much beyond the national policy and has not

taken place in other provinces. 7,000 ha of stock forest from five State Forest Enterprises

(SFEs) were allocated to households and user groups with Red Book certificates in 1999.

1 Land Use Certificate with red cover, in Vietnamese called “Red Book”

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This program was continuously expanded in the year 2000. In order to get a successful

model of forest management, Dak Lak province tried to devolve forest land to several

different economic entities, such as individuals, user groups and communities.

Taking into account that there is still a considerable lack of knowledge and experience

concerning successful models of allocating forested land, this pilot project in Dak Lak

province offers a unique opportunity for policy-relevant research on forest land allocation.

The pilot project allows us to study the process of Forest Land Allocation in order to

evaluate the degree of participation of villagers, the equity and transparency aspects, and

the role of the different actors involved in the process. On the other hand, the expected

impact on the local people’s livelihood as well as forest protection and investment from

villager’s perspectives is also taken into account. This research will be relevant not only for

the regional level in Dak Lak Province, but also will contribute to the further development

of forest policies on the national level.

1.2 Objectives

The overall objective of this research is to study the process of forest land allocation and to

derive conclusions concerning the potentials and constraints of this process. Based on this

assessment, policy recommendations will be derived.

The specific objectives of the research project include:

• To assess the role and performance of the stake holders involved in the FLA process

• To examine the degree of participation of the residents in villages where forest land has

been allocated (recipients and non-recipients of forest land),

• To identify expected impacts of forest land allocation on livelihoods of local residents

• To contribute to the identification of good practices in forest land allocation and to

derive policy recommendations

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1.3 Structure of the thesis

The thesis consists of seven chapters. The overview and objectives of the research are

described in the first chapter. In chapter two, the literature is reviewed and an analytical

framework presented. The third chapter outlines the research methodology. The study sites

profile is in the fourth chapter. The research results are in the fifth chapter. The discussion

part is in the sixth chapter. The conclusions and recommendations are in the seventh

chapter. The appendix consists of all the figures, minutes, questionnaires, and list of the

government regulations/law related to the FLA program.

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CHAPTER II

2 Theoretical Framework

2.1 Literature Review of Property rights and tenure systems

It is useful to understand properly the concept of the property, especially in nature resource

management. As one author notes, “Property relations over land and related natural

resources must be understood as part of the larger institutional structure of society”{Daniel

W.Bromley 1998}.

In a given society, the all economic goods can be possessed under different property

regimes. In developing countries, property rights over natural resources are often to a large

extent broadly classified as State Property. In this circumstance, the state controls and

manages property through the activities of state agencies and organizations. Property held

by a community or group of users is classified as Common Property. Under common

property, all individuals have rights to access and have the duty to respect the asset.

Property held by individuals or groups, which is accepted legally by the society at large, is

classified as Private Property. Additionally, property that has no legal right of use

assigned to anyone is classified as Open Access. This means that open access resource is

free for all, and no property right accrues to anyone in this regime. (See {Daniel

W.Bromley 1998})

There are a number of definitions of property rights. Alchian has defined a property right

as a “socially enforced right to select uses of an economic good.”{Alchian 1987} Furobotn

and Pejovich characterize the concept of property rights as follows: "A central point noted

is that property rights do not refer to relations between men and things but, rather, to the

sanctioned behavioral relations among men that arise from the existence of things and

pertain to their use” {Furobotn 1972}.

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In general, “property right is the capacity of the holder to compel the authority system to

come to his or her defense. To have a property right is to have the capacity to require the

authorities to defense your interests in an object or a circumstance” {Daniel W.Bromley

1998}

It is generally accepted that property rights consist of the right to use, right to manage, right

to the income, right of exclusion, right of transfer, right to compensation, and right to

security in regard to piece of property. {Honore 1961} and {Snare 1972}

According to a recent analysis, there are “five property rights that are most relevant for the

use of common-pool resources including access, withdrawal, management, exclusion, and

alienation” {A .Agrawal & E.Ostrom 1999}. This definition is illustrated in the Table 1.

Table 1: Bundle of rights associated with positions

Owner Propietor Authorizedclaimant

Authorizeduser

Authorizedentrant

Access X X X X XWithdrawal X X X XManagement X X XExclusion X XAlienation XSource: {A .Agrawal & E.Ostrom 1999}

Why does it matter who hold the rights to natural resources? Arguments over property

rights in developing countries are increasingly attracting attention nowadays. In addition,

“increasing recognition of local people’s role in forest management and growing

dissatisfaction with state management has led to call for devolution. Today devolution is a

core theme in forest management” {Hans Helmrich 2001}. The fact is that “many

governments lack the resources to adequately manage natural resources over large areas”,

and management of natural resources by government agencies has proven to be expensive

and ineffective {Ruth Meinzen-Dick & Anna Knox 1999}.

The concept of tenure is closely related to the concept of property rights and property

systems. It is defined as a bundle of rights, rights that are held in land and trees. In

particular, combinations or bundles of rights in resources are recognized by law and

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custom in particular societies. The people affected will have a name for recognized

tenures: "ownership" or "usufructs" are example of Western tenures {John W.Bruce 1989}.

Some tenures consist of a fairly clearly prescribed bundle of rights, but the content of

others, "leasehold" for instance, can be determined to a large extent by contract between

the parties. A "tenure system" is the set of tenures in a given societies. There are usually

several different tenures in a tenure system, for different land uses or types of users, but

they should constitute a coherent system, complementing one another.

John W. Bruce has also stressed that tree tenure is not necessarily considered as a part of

parcel of the land on which they grow in all societies. In some tenure system, trees are

"fixtures" and like buildings are assumed to be owned by whoever owns the land. But, in

fact, trees can like minerals and water, which can be an object of property rights separable

from the land on which they are located.

2.2 Analytical framework

The major objectives of the forest allocation program in Vietnam in general and in Dak

Lak province in particular are:

1) To improve the management and protection of the forests, and

2) To improve the livelihood of the local residents.

The local government makes efforts to reach the goals of the FLA as a part of an integrated

rural development process.

Devolution in natural resource management can offer incentives for management, give

necessary authorization and control over the resource, reinforce collective action and assign

rights to the users {R. Meinzen-Dick & A. Knox 1999}.

In addition, devolution of forest management would change the state of the resources and

resource users. Dealing with the attribute of resources and resource users, it is necessary to

look at the institutional changes. “The forest users are more likely to devise their own roles

they use a forest that is starting to deteriorate but has not substantially disappeared, when

some forest products, provide early warning concerning forest condition, when forest

products are predictably available, and when forest is sufficiently small that users can

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develop accurate knowledge of condition” {Elinor Ostrom 1999}. Self-organization would

occur when forest resources are salient to the users, and when users are aware of problems

they are facing and are affected by low discount rate.

Figure 1: Analytical framework

Based on the considerations on Forest Land Allocation developed by Birner {Birner 1999},

this thesis concentrates on the conditions under which forest land allocation will serve the

two goals of forest land allocation mentioned above. As indicated in Figure 1, the analytical

framework suggested here holds that the extent to which the goals of FLA can be reached

and reflected in the output parameters depends on the success of the FLA process in terms

of participation, co-ordination, transparency and affordability.

The following indicators can be used to judge the achievement of two goals of forest land

allocation:

1) Improved resource conditions

1a) increased investment in forest land (e.g., replanting, enrichment planting, etc.);

1b) increased protection of forests from conversion, unsustainable use and forest

fire;

2) Improved conditions of the resource users

2a) clear and generally recognized land and tree tenure

2b) increased income contribution or other benefits from forest to local residents;

Policy interaction

OUTPUTChange in resourcecondition§ Degradation level

Change in the conditionof resource user§ Local livelihood§ Equity

STATE OF RESOURCES

§ Degradation

CONDITION OFRESOURCE USERS

§ Tenure insecurity§ Population pressure

FLA. PROCESS

§ Participation§ Coordination§ Transparency§ Affordability

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2c) reduced income differentiation between local residents. (equity)

2d) Capital asset generation.

Note that indicator 2c is an equity indicator, which does not necessarily follow from the

general formulation of the second objective mentioned above. However, as poverty

alleviation was also mentioned as a goal of forest land allocation, the choice of this

indicator appears to be reasonable.

At the current stage of the land allocation process, it is, however, not yet possible to

directly observe the above indicators. This will only be possible in a long-term perspective,

if appropriate monitoring procedures are implemented. Nevertheless, it is possible at the

current stage to judge whether or not it is likely that the above objectives can be achieved

by studying the incentives (reasons to do or not to do something), which are created by the

forest land allocation program. The following guideline questions can be used for the

analysis. The explanation following each question shows how different aspects of the FLA

process, as indicated in Figure 1, are linked to the different outcome parameters.

How were the local residents involved in the FLA process and how did they act?

The participation from the local residents in the FLA process plays a vital role, which leads

to feasibility and success of FLA. If the local people actively involved at the beginning of

the process, it would be a potential way to avoid future conflicts, which might be

encountered during the process of devolution.

How were the take holders involved in the process of FLA and what were their roles?

A good coordination and collaboration between the different stakeholders would simply the

complex procedure of FLA. A part from that, the cost of FLA could be reduced, if there is a

sound mandate assigned to the main actors in the FLA process.

When does forest land allocation create incentives for investments such as afforestation

or enrichment planting?

From an economic perspective, it can be assumed that a household has an incentive to

invest labor and/or capital in forest land, if the costs to do so are lower than the expected

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benefits. If one adopts this assumption, the following factors influence the incentive of the

household to invest into the forest:

When does forest land allocation create incentives for better protection of forests?

If villagers protect the forest from forest fire, illegal logging and encroachment by

outsiders, this can be considered as an investment of labor. Therefore, the above

considerations on investment also apply to the question of protection. A strong sense of

“ownership” may also create an incentive for forest protection, even in case that the

discounted benefits of protection do not exceed the costs. It is suggested to consider this

incentive for forest protection also as “ownership effect” {Birner 1999}.

When does forest land allocation create additional benefits for the households?

As already noted above, that the additional benefits, which arise due to forest land

allocation, depend on the quality of the allocated forest, the benefit sharing rules, time

preferences, security and the possibility to create new markets for forest products. The

expected benefits also depend on the effectiveness by which the households are able to

protect the forest they received (see above). Another additional benefit can be seen in the

right to mortgage forest land which is entailed in the Red Book Certificate.

When does forest land allocation reduce inequality within the village?

If land is allocated to individual households and if not all households in the village receive

forest land in this process, differences among villagers in income and wealth can only be

reduced, if forest land is allocated to the poorer households. The challenge here is to devise

a mechanism that can guarantee such a distribution. One has to take into account that the

poor households may have a lower capacity (high opportunity costs of capital) and a lower

incentive (high time discount rate) to manage the forest well. This implies that there may be

a trade-off between the two goals of forest land allocation discussed above. If forest

protection has a higher priority for the agencies involved in forest land allocation, they may

not have an incentive to distribute it to the poorer households. If the allocation procedure is

entirely left to the village itself, one cannot simply assume that there are sufficient

incentives to allocate land to the poorer households. Unequal access to information and the

local power structure within the village may prevent such a result. Even if forest land is

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allocated to all households in the village, there is still the problem to delineate plots of

equal value.

2.3 Research hypothesis

From the theoretical considerations outlined in the last section, the following research

hypotheses can be derived:

P-1: If the equity goals is pursued, the poor and hungry households have a greater chance

than better-off households to receive forest land. In addition, they have at least the

same access to information on FLA.

P-2: The recipients are willing to invest in afforestation and forest enrichment. This

means that FLA, by changing the ownership of land, creates incentives for

investment.

P-3: Households that receive forest land have an increased incentive to stop other

villagers from illegal activities on the allocated forest land.

P-4: Households that did not receive forest land may have a lower incentive to co-

operate in forest protection, especially if they consider the forest allocation process

as unfair and if they lose benefits from the forest which they used before or

expected prior to allocation.

2.4 Legislative and policy framework for Forest Land Allocation inVietnam

The success of the recently introduced policy of agricultural land allocation has induced

the Vietnamese Government to allocate forest lands to individual households. Officially

the aim of the forest land allocation policy is to help farmers to solve their food security

problems, gradually abandon unsustainable farming activities, which it is hoped will lead

to preserving, enlarging forest cover, and in general to improve living conditions of people

(see{Paolo Faggi, Tiziano Gomiero, et al. 1998}).

The revised Land Law, which was amended by the National Assembly in 1993, clearly

states that land is owned by the people and under the integrated management of the State,

but the State allocates land to the users for long term and stable use. Following the land

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law, there are considerable numbers of decrees and regulations to elaborate the land

allocation policy. The Forest Land Allocation program has taken place since late 1994, but

has mainly been applied to bare land or shrubs. At that time, forested lands were also only

assigned to households or user groups with a protection contract. Since 1998, Dak Lak

province has initiated FLA with stock forest to individual households with a land use

certificate (Red Book) see1.1.

The Forest Land Allocation in Vietnam is the process of transition from "state property" to

"private property" or "common property" as mentioned above. Land is allocated to

individuals or group users with the land tenure certificate. The land holders can receive 20-

year renewable tenure rights on land for annual crops and 50-year rights for perennial

crops and forest land (see Land Law 1993).

Under the Land Law, there are many decrees, and regulations elaborating the process of

land allocation, especially for forest land allocation. The key decrees for forest land

allocation are the Decree No.02/CP dated on 15 January, 1994 which was replaced by the

Decree No. 163/ND-CP dated on 16 November, 1999. This Decree deals with Forest Land

Allocation, Lease to Individuals, Households and Organizations for Long-term Forestry

Purpose.

In Viet Nam FLA is a one tool of a process of devolution. “Devolution is often part of a

number of related policy reform, in which central government agencies transfer rights and

responsibilities to the lower level” such as province and district {Ruth Meinzen-Dick &

Anna Knox 1999}.

However, “the theoretical assumptions underlying devolution have been juxtaposed by lack

of empirical assessments of the process and outcomes of devolution {H. Helmrich 2001}. It

is needed to have research on the influences of the devolution on socio-economic and

ecological aspects such as: local resident livelihoods, equity, and forest state. Another

aspect should be taken into account is institutional changes and assessment tools for FLA in

Viet Nam.

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One of the requisite conditions to ensure success of FLA is “participation approaches,

which does not seem to be always properly followed. In most of the villages farmers had

been just informed about the FLA process, but not actively contribute to the decisional

process” {Paolo Faggi, Tiziano Gomiero, et al. 1998}.

Related to the gender issue in connection to FLA, legal registration in the land use

certificate (Red Book) is also a theme to be addressed as women do not have their names

recorded in the Red Books. This is gradually being paid attention to in the rural area. In

addition, using Red Books as collateral in the bank for loans to farmers is still a crucial

problem due to inadequate legal regulations (see{Oxfam UK/I Vietnam 1998}).

Regarding to FLA in Dak Lak, it is necessary to have empirical research, which can

analyze the impact of FLA by studying the process of FLA, expected impact, and

institutional involvement. (see{Birner 1999})

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CHAPTER III

3 Methodology

3.1 Selection of research sites

The research was conducted in two State Forest Enterprises, in Ea Hleo and Cu Jut district,

Dak Lak province, Vietnam. These two cases have been selected, because the FLA process

is particularly advanced there and because the cases capture a considerable variation in

socio-cultural and land use systems. The FLA was implemented in Ea Hleo Forest

Enterprise in 1998 and was the first place in Dak Lak province to carry out the pilot project

of FLA. Most of the households who received forest land are indigenous ethnic group of th

Gia Rai who still practice shifting cultivation. The Gia Rai ethnic group has a matriarchal

system of traditional land use in the central highlands of Vietnam. In the other case of Cu

Jut Forest Enterprise the process started a little later and therefore gained certain

experiences from the first FLA. The households involved in the FLA program here are

mainly new immigrants from the Northern provinces, who have different framing practices

as well as a different culture from indigenous farmers in the central highlands.

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15

Figure 2: Study sites in Dak Lak province

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LOCATION OF EA PO & EA SOL COMMUNES IN DAK LAK PROVINCE

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3.2 Research methodology

The reports, regulations, minutes and legal documents, which were produced during of

FLA process have been used as valuable secondary data sources in the research.

The major focus of research was the collection of primary data using household

interviews and meetings with the stakeholders at various levels (commune, district and

province), who are involved in the FLA process. At the village level, the discussions were

informally held with the participation of the traditional village headman, official village

headman, key informants and representatives of the mass organizations such as the

women’s union, and veteran’s association, who offered an overview of the villages' socio-

economic conditions. At the commune level, the People’s Committee and the Forestry

Board representatives were interviewed with the questionnaires guidelines (see appendix).

At the district level, the interview guideline were used to interview the following

organizations/agencies: People’s Committee, Forest Protection Units, Land Management

Offices, Agriculture and Rural Development Offices, Agricultural Extension Stations, and

State Forest Enterprises.

To construct the sampling frame, a list of all households in the two selected sites was

obtained from village headman and State Forest Enterprises. The poverty status2, recipient

status and villages were also defined in this list. This was used as sampling frame and then

random sampling steps have been done using SPSS (Statistical Package for Social Science)

soft ware. In order to get unbiased representative filed data, a stratified random sample of

households, comprising 75 recipient and 55 non-recipient households of FLA were

interviewed, using a pre-tested standardized questionnaire. The proportion of sampled

households which received forest land was higher in the sample than in the population

because the study focused more on the recipient group (see Table 2). Besides the

recipient/non-recipient status, village and poverty class were used as stratification criteria

for random sampling. This procedure ensures that the sample represents households of all

poverty classes in all villages of the two cases, where FLA took place. All the information

2 Base on the results of the survey from Poverty Alleviation program

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from household interviews was encoded and entered into SPSS soft-ware for statistical

analysis.

Participatory observation of meetings, field visits and Participatory Rural Appraisal (PRA)

techniques were also used during the field research. This proved to be very useful to gain

deeper understanding and to cross check the collected information. Besides, provincial

workshops, and roundtable discussions were held to get comments from stakeholders of

FLA and were another valuable information source for this thesis.

Table 2: Households sampling selection

Ea Sol Cu Jut Total Interviewed Percent

Total HH3 297 122 419 130 31%

Recipient 119 81 200 75 38%

Non-recipient 178 41 219 55 25%

3.3 Limitation of the research methodology

Research was carried out in the initial stage of the allocation process. Consequently, only

expectations from villagers about future actions could be assessed. Furthermore, these

expectations might be biased in favor of answers that the respondents think could benefit

them in the future. This is a common problem observed in survey research, where the

researcher spends only a relatively short time with the respondent and does not have a lot

of time available for in-depth discussions.

Another aspect is related to questions about future use of allocate forest land. Especially in

the Vietnamese situation with a traditionally strong state executing control over resources,

answers about intended future forestry related activities might be influenced by fears that

answers about potentially planned ‘illegal’ activities could be used against respondents.

3 Total households in FLA area, not for whole commune.

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The fact that FLA took place in only four forest enterprises, also limited options for

sampling. The language barrier between researcher and the villagers in Ea Sol case was

also a limitation during interviews, which might lead to information missing or not

completely understood and recorded. Additionally, the process of FLA was not in the same

stage between Ea Hleo and Cu Jut, and it is therefore, difficult to compare the two

situations at the same time. Moreover, it would be better if it is possible to measure the

degree of attainment of the FLA goal by collecting socio-economic data before and after

FLA implementation. This approach cannot be applied in the site of Dak Lak, because

such kind of information was never gathered initially. Furthermore, outcomes of forest

land allocation cannot be expected within a short time frame due to the growth rates of

trees. Long-term monitoring, e.g. by means of remote sensing techniques, is necessary to

detect changes in forest cover and quality.

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CHAPTER IV

4 Profile Of The Study Sites

4.1 Overview of Ea Sol and Ea Po communes

The field research was conducted all villages in the two communes where FLA took place.

However, to give an overview of the condition of area, the following information is related

to the commune administrative boundary. Both are remote communes of Dak Lak province

with poor infrastructure condition and low-income levels.

Ea Sol was founded in 1975 and is located in the North-East, 30 km from Ea Hleo district

center and 120 km from the provincial capital.

Ea Po commune was founded in 1989 and is located in the North, 20 km from Cu Jut

district center and 50 km from center of Dak Lak province. To the North of Ea Po

commune is Jok Don national park, one of the biggest in Vietnam with an area of 58,000

ha.

It is useful to address the fact that, although the communes were both established after the

American war, the indigenous ethnic groups already inhabited this area for hundreds of

years. They have a lot of experience related to natural resources management. The

indigenous ethnic groups in the central highlands have their own traditional land use

systems, such as land inheritance with matriarchal systems used by the Ede, Mnong, Gia

Rai, and many other smaller groups. However, these systems have changed recently due to

various factors such as government policies, population pressure, and immigration.

4.2 Population and ethnic composition

Although Ea Sol commune was founded in 1975, the ethnic minorities are mainly

indigenous people. On the contrary in Ea Po commune, most of people are new immigrants

from other provinces. The population and ethnic composition are described in Table 3.

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Table 3: Population in two communes

Items Ea Sol commune Ea Po communeTotal people 7,168 14,115No. of households 1,370 2,949Working labor 2,513 -Population density 16.5 27.0Number of ethnic groups 13 8Number of villages 11 23Number villages with FLA 4 3 Source: P.Cs of Ea Sol and Ea Po communes, 1999

The ethnic group composition of communes is illustrated in the Figure 3.

Ea Po commune

Tay14%

Kinh32%

EDe2%

Thai21%

Nung16%

Dao7%

Others8%

Tay Kinh EDe Thai Nung Dao Others

Source: PCs of Ea Sol and Ea Po communes, 1999.

Ea Sol commune

Gia Rai36%

E De27%

Thai4%

Others2%

Kinh31%

Gia Rai Kinh E De Thai Others

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Figure 3: Ethnic group composition of Ea Sol and Ea Po communes

People from diverse cultural background characterize this multi-ethnic environment. After

nearly two decades living in the same area, the cultures have influenced each other. For

instance, the rituals of funerals or weddings are not as original as they once were, especially

for native minority people. Their rituals included harvest-time, buffalo sacrifices and

threshing ceremonies and these have changed considerably in comparison with the past.

4.3 Forest resources and its utilizations

Moist deciduous forest is the main type of forest in the two communes, with dominant

species including: Dipterocarpus tuberculatus, Shorea obtusa, and Shorea siamensis. In

addition, there are also semi-evergreen forest along the streams with species such as

Laguestroemia caliculata and Xylia dolarbriformic... Some of the precious species such as

Dalbergia cochinchinensis, and Pterocarpus pedatus are endangered due to over

exploitation by illegal logging by local residents as well as outsiders.

Forest resources are very important for local villagers, especially in isolated villages where

people depend heavily on natural forest resources. They need timber for housing, furniture,

firewood for daily food cooking and heating, vegetables and hunting during food

shortages, and medical herbs. A part from that, the natural forest offers native ethnic

groups a place for their worship and religious practices. However, deforestation is a crucial

problem in these places due to illegal logging and uncontrolled immigrant from other

provinces. According to the PC commune of Ea Po, immigrants caused a lot of problems

related to the environment as well for social problems in the region, such as land

encroachment, illegal logging, illegal land transferring, etc. The population increased very

rapidly in the last decade in Ea Po commune. There were 297 households with 2,500

people in 1989, but it reached 2,949 with 14,115 people households in 1999 (ten times

increase).

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Based on the inventory data obtained from Ea Hleo and Cu Jut forest enterprises, most of

the forest area that has been allocated to households already is poor and degraded forest.

Additionally, the soil in the allocated areas is not very fertile (sandy soil in Ea Sol

commune and rocky soil in Cu Jut commune).

4.4 Land use

Land use planning was not carried out for long-term or short-term usage in Ea Sol and Ea

Po communes. Land classification is based on the legal prescription of land use that does

not always reflect actual land use in fact. Land use classification is used mainly for land

source statistics and land management, and can be different from actual land use on the

ground.

Table 4: Existing land use of Ea Sol and Ea Po communes (Unit: Hectare)

Source: Land Use Planning Center of Dak Lak province, 1999

Land encroachment and land use conflicts have increased nowadays in both communes.

High population pressure, both natural and from immigration and the expansion of State

Farms, are the main reasons of land use conflict between local villagers, the new comers

and the State farms. In many villages, most of the upland fields used previously for shifting

cultivation, have nowadays been converted to rubber and coffee plantations, which belong

No. Land type Ea Sol commune Ea Po communeTotal 23,406 52,150

I Agricultural land 4,033 5,942.591 Annual crop 932 5,407.9A Rice 28 275.5B Subsidiary crop 904 5,132.42 Perennial crop 2,676 476.59A Coffee 1,284 -B Rubber 1,393 -3 Nursery 23 -4 Home garden 402 56.35 Fishery pond - 1.8II Forestry land 14,520 42,812.05III Special used land 915 431.84IV Residential land 76 120V Unused land 3862 2,843.52

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to the state farms without or with only little compensation to the indigenous villagers. Local

farmers are pushed deeper and deeper to the agricultural frontier and into the natural forest

area for their own cultivation as a result.

Farmers in Ea Po commune mainly cultivate green bean, soya bean, ground nut and cotton

on upland fields. On the contrary, people in Ea Sol commune mainly cultivate upland rice

and industrial cash crops such as coffee, pepper and are employed on the rubber and coffee

field of the State farms to earn cash income.

CHAPTER V

5 Results And Analysis

5.1 Institutional analysis

5.1.1 Role of Stakeholders and Their Performance in FLA process

As mentioned in the introduction, Dak Lak province is a pioneer in the movement to

allocate natural forested land to individual households and user groups with Red Book

Certificates. This task is very new with the State Forest Enterprises as well as with the local

authorities. As a result, the FLA in Dak Lak is a learning process and it needs to be

monitored and evaluated to draw the lessons learnt for other regions in the country. The

Figure 4 gives an overview of the institutional landscape of the FLA process.

LMDFPD DARDDPI

SFEFPU LMO ARDOAES

PC

PC

PC Direct management

Province

Distrcit

Commune

GTZ

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Source: Modified from {Sikor. 2000}

Figure 4: Institutional landscape of FLA in Dak Lak province

At the provincial level, the People's committee (PC) directs the Land Management

Department (LMD), the Department of Investment and Planning (DPI) and the Department

of Agriculture and Rural Development (DARD) including the Forest Development Sub-

Department (FDD) inside the DARD. The assignments and actual roles of each department

in FLA in Dak Lak province were described as follows:

§ The People Committee of the province is very important in regulating and

coordinating the activities among different departments at the provincial level. In the

FLA program, the People’s Committee has the role to initiate the pilot projects and

promulgate the policy decisions. However, technical advises from departments are

extremely important for the People’s Committee to give a decision.

§ The Department of Agriculture and Rural Development (DARD) was designated as

the major implementing agency for FLA because DARD manages activities related to

forestry, agricultural and water resources in Dak Lak province. Inside DARD the

Forest Development Sub-Department (FDD) is in charge of the forestry sector of the

whole province. The Forest Development Sub-Department provides technical guidance

and approves technical plans and field implementation tasks of FLA for whole

province. Thus, the Forest Development Sub-Department is the most important actor in

FLA of Dak Lak province. Forest Development Sub-Department has moderated the

provincial workshops of FLA and provided technical assistance to State Forest

Enterprises implementing FLA. With support from Sustainable Management of

Resources in the Lower Mekong Basin Project and the Consultative Working Group

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25

(CWG), the Forest Development Department has helped State Forest Enterprises to

develop the benefit sharing policy and submitted it to other Departments at the

provincial level for comments.

§ The Land Management Department (LMD) is in charge of all procedures to issue

Land Use Certificate (Red Book), land allocation, land use planning, and other

administrative work in land management such as transferring land use rights, changing

land use purposes, land sales, etc. So far, the Land Management Department has only

dealt with agricultural land, and thus they have no experience in FLA. Land

Management Department has inactively participated in the FLA workshops at the

provincial as well as district level to discuss about the FLA policy. Although land

allocation is one of main task of Land Management Department, they did not perform

an active role in the FLA process. The Land Management Department does not involve

itself in the implementation of the FLA but it is very important in assigning the tasks

and budget distribution down to Land Management Office (LMO) at district level, who

partly implement the program.

§ The Department of Planning and Investment is in charge of assisting the provincial

People’s Committee to distribute the annual budget and work plan to the implementing

agencies. Thus the role of Department of Planning and Investment is very important not

only for the FLA program but also for financial issues. In the FLA program, the

Department of Planning and Investment has performed an active function in the process

of developing the policy as well as promoting the State Forest Enterprises to conduct

the FLA program.

§ The Forest Protection Department (FPD) at the provincial level was inactively

involved in the FLA process. The Forest Protection Department only participated at the

workshops and the meetings. But later on Forest Protection Department will also play a

role in the enforcement of the forest protection law. Nevertheless, the role of Forest

Protection Units at the district level will be very important after forest land allocating to

the households/user groups or community.

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At district level, mainly the People’s Committee regulates the State Forest Enterprises and

Land Management Office (LMO), which conduct the FLA process following the decision

of provincial People’s Committee. Even though, the Forest Protection Unit (FPU) and the

Agriculture and Rural Development Office (ARDO) will be in charge of all the activities

after forest allocation to the individual households/user groups or community (based on the

Decision No.245/QD-TTg.1998). They have not played an active role in the initial

allocation. In reality, most of the tasks are undertaken by State Forest Enterprises with little

active support from the Land Management Office, Forest Protection Unit and Agriculture

and Rural Development Office, and even People’s Committee as in the Cu Jut case. Most

of the state agencies at the district level think that the State Forest Enterprise is responsible

for the FLA program because the budget was distributed to the State Forest Enterprise.

However, Legally, land allocation and Red Book issuing must be done by the Land

Management Office. The performance of the district stakeholders is described as follows:

§ The district People’s Committee coordinates the activities between State Forest

Enterprises and other professional office such as Land Management Office, Forest

Protection Unit and Agriculture and Rural Development Office. The district People’s

Committee also approves the FLA plan and signs in Red Books at the end of the

process. Thus, the role of People’s Committee at the district is indispensable for the

FLA implementation. Different from the Ea Hleo district, the People’s Committee of

Cu Jut district has demonstrated a low level of coordination and interest in the FLA

process. This has led to a slow and complicated process, which may endanger the

success of the FLA in the area.

§ The State Forest Enterprises are in charge of implementing FLA following the work

and budget plan from the People’s Committee and Department of Planning and

Investment of the province. The State Forest Enterprises did the survey of land use,

village meetings, forest inventory, demarcation of forest plots in the field, mapping, and

the development of the FLA plans. The Land Management Offices and the People’s

Committee then issue the Red Books. If there was good cooperation at the beginning,

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the task of handing over the FLA information (documents, profile...) from State Forest

Enterprises to Land Management Office and People Committee is very easy and fast for

the process of issuing Red Books. Otherwise, this task takes a long time due to lack of

information and accuracy for issuing Red Books. The State Forest Enterprises have

very high capacity to implement the FLA, because they have much professional

experiences and capacity. Usually, there are fifteen to twenty full time staff in a State

Forest Enterprise, and most of them are forestry engineers and forestry technicians.

§ The Land Management Office is in charge of land administration in the district, and is

directly under authority of the district PC and technically managed by provincial LMD.

The Land Management Offices normally have around five staff members, most of them

with limited professional knowledge due to inadequate training. Very few staff

members have university degrees at district offices. The Land Management Offices

currently concentrate on agricultural land allocation, for which they receive significant

support from provincial Land Management Department. Related to FLA, Land

Management Offices have no experience, but the responsibility to issue Red Books at

the end. Land Management Offices therefore, were invited to all FLA events at all

levels, such as village meetings, workshops or benefit sharing policy discussions. The

role of Land Management Offices is also important in the FLA.

§ The other state agencies are Agriculture and Rural Development Office (ARDO), Forest

Protection Unit (FPU) and the Agriculture Extension Station (AES). These

organizations did not closely cooperate with State Forest Enterprise in the FLA process,

although they will be in charge of forest management activities after forest allocated to

the households. The Agriculture and Rural Development Office is under direct

authority of the district People’s Committee and technically managed by the provincial

Department of Agriculture and Rural Development Department. On average, there are

nine staff in the Office most of them have agricultural and hydrological background, but

only few are foresters. So far, the main task of Agriculture and Rural Development

Office is the management of agricultural, irrigation and poverty alleviation activities in

the district. The Agriculture and Rural Development Office does not have any

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28

experience in FLA, because so far, the state forest enterprises undertook all the forestry

activities at the district with supervision of Forest Protection Unites.

§ The Forest Protection Unit is more independent because it is managed by the Forest

Protection Department of the province, which is not a part of DARD. The mandate of

the Forest Protection Unit is to deal with violations of the Forest Protection Law. Forest

Protection Units in Dak Lak province have never dealt with FLA or forestry extension

services as it did in the North provinces of Viet Nam. This gives the FLA model in Dak

Lak a different institutional landscape from other provinces in the North of Vietnam. It

would be useful, if Forest Protection Units would get involved in the FLA process from

the beginning to make it easier for them to monitor and control the activities of forest

recipients later on.

§ The Agriculture Extension Stations at the district are quite new. Most of the stations

have been established in recent years. There have on average three staff members and

mainly do services such as information provision to local farmers and organization of

field seminars, training courses and field demonstration models. So far, the Agriculture

Extension Stations have only done few extension services in agriculture due to their

limitation in human resources as well as budget limitations. In the long run, Agriculture

Extension Stations are also a potential agency to assist local farmers to develop their

forest plots.

At the commune level, the People’s Committee is a sole stakeholder, which cooperates

with the State Forest Enterprise in implementing the FLA program. However, several staff

members are in charge of FLA related activities such as the land management officer,

women union’s members, military officer and security officers. The Forest Protection

Board and Land Management Officer are important for FLA implementation. They are

important not only in the FLA process, but also later on after forest allocation in the

enforcement of forest protection laws as well as in conducting forestry extension services.

In the FLA process, the staff from communal People Committee participated with their

assignment without additional payment. This has been a constraint encountered during the

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29

implementation process. The State Forest Enterprises would hardly organize a village

meeting without assistance from commune People Committee staff and village headman.

5.1.2 Roles of SMRP/GTZ project in FLA

The Sustainable Management of Resources in the Lower Mekong Basin Project (SMRP)

has the objective to support the Mekong River Commission, its member states and relevant

partner organizations in “developing, promoting and implementing strategies in

participatory natural resource management”. In Dak Lak province, SMRP has focused on

pilot projects of developing innovative participatory approaches to land use planning,

forestland allocation, and forest management through state agencies with support from

Non-Government Organizations (NGOs). SMRP has created a forum and roundtable

discussions among departments at provincial and district level, which performed weak

coordination in the early stages of the FLA process. SMRP has also financed the

“Consultative Working Group” (CWG) of forest land allocation of Dak Lak province

which has members from various organizations such as Tay Nguyen University, Land

Management Department, Forest Protection Department, etc. The main task of the CWG is

to give technical and scientific advise to Department of Agriculture and Rural Development

to implement FLA and to monitor, evaluate and document the FLA process. SMRP has

contributed significantly to the promotion of participatory approaches and facilitated local

authorities and agencies to pay attention to gender issues in the implementation process. In

addition, SMRP organized and supported several training courses for local staff in terms of

participatory approaches.

5.1.3 Chronology of events in Ea Hleo Forest Enterprise

As mentioned in the introduction, the pilot project of FLA in Dak Lak province was

initiated by Ea Hleo Forest Enterprise. In the early stage of the project, it was aimed to

allocate forest land to households with long term contracts on the basis of decree

02/CP/1994. At that time, there were several meetings and workshops held at commune,

district and provincial level, which lead to changes in FLA to the use of land use right

certificate (Red Book) instead of long-term contracts. The chronology of events is briefly

described below:

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Early 1998, Ea Hleo Forest Enterprise prepared (EFE) a project to allocate forest land to

rural households with protection contracts (so-called green book) which can not be

mortgaged, transferred, inherited, etc, as Ea Hleo Forest Enterprise is a state forest

enterprise administered by Department of Agriculture and Rural Development (DARD) at

the provincial level. The Ea Helo Forest Enterprise had to submit the project to DARD for

approval, and at the same time to the Department of Planning and Investment and

provincial People’s committee for budget.

January 21, 1998, the People's Committee of Dak Lak province approved the FLA project

of Ea Hleo Forest Enterprise and made an official decision to assign the responsibility to

allocate 1000 ha forest to households in Ea Sol commune. Following this decision, the

Department of Planning and Investment prepared a budget plan for the implementation of

the FLA project.

June 13, 1998 a first district level workshop was organized by Ea Hleo Forest Enterprise

and Ea Hleo district PC. The participants of the workshop were different stakeholders from

commune, district and provincial level. The objective of the event was to inform the

decision makers at different levels about the project and draft a benefit sharing rule before

informing local farmers. The policy of benefit sharing between the state and the forest

recipients was a major issue to be discussed in the workshop.

July 24, 1998, the second workshop was organized by Ea Hleo Forest Enterprise and Ea

Sol commune People’s Committee in order to get information about the expectation of the

local people concerning the FLA program. After four days, on 30 July, a meeting was held

at the village level to discuss the FLA program and determine which part of the forest

should be allocated to the villagers in four hamlets of Ea Sol commune.

August 1998, the Department of Planning and Investment made a decision to require EFE

to allocate an additional one thousand hectares of forest, because Dak Mol Forest

Enterprise could not conduct FLA due to lack of capacity. This means that Ea Hleo Forest

Enterprise had a plan to allocate 2000 ha of forest for the period of 1998-1999. In early of

August 1998, a questionnaire was delivered to individual households in order to collect

information about the opinions and expectations of the households concerning forest land

allocation. On August 22, a workshop was held at district level (Ea Hleo Forest Enterprise

office) to bring the opinions of villagers up to decision-makers at district level. This

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31

workshop also kept the PC involved and reached at a consensus on forest land allocation at

district level before submitting the plan to provincial level. On August 29, a workshop was

held at Department of Agriculture and Rural Development (provincial level) after colleting

comments from lower levels. The first draft of forest land allocation plan was discussed and

ratified by Department of Agriculture and Rural Development before submitting the plan to

the provincial People’s Committee and related Departments at provincial level.

After the FLA proposal was ratified and approved by the district People’s Committee and

Department of Agriculture and Rural Development, Ea Hleo Forest Enterprise conducted a

detailed land use survey and forest inventory and then demarcated forest plots to be

allocated in the field. The field work took place from August until December 1998.

March 1999: The Department of Agriculture and Rural Development wrote an official

letter of comments on the second draft of the FLA plan and raised the question whether

forest should be allocated to households with Red Book or assigned with long-term

protection contract. This letter was sent to related Department such as Land Management

Department (LMD), Department of Planning and Investment, Forest Protection Department

at the province.

April 1999: A workshop was held at Department of Agriculture and Rural Development on

April 10, with the participation from different stakeholders at provincial level. The main

issue to be discussed was, if forest should be allocated with Red Book or assigned with

long-term contracts. The policy of benefit sharing was also discussed in the workshop with

stakeholders. On 18 April, another workshop was held to revise some contents of the plan

of FLA with presence of Department of Justice, Department of Planning and Investment,

Land Management Department, Department of Science Technology and Environment and

the Communist Party.

May 1999: A workshop was held at the Deptment of Agriculture and Rural Development

to revise some contents of the FLA plan and then get agreement among the Department of

Agriculture and Rural Development, Department of Planning and Investment and Land

Management Department before submitting proposed plan to provincial People Committee.

July 1999: The Dak Lak provincial PC requested to ensure if the FLA plan still satisfied

local people’s expectation after the adjustment. Another workshop was held in Ea Sol

commune to confirm that the FLA plan satisfies these expectations.

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August 1999: An official proposal jointly made by Department of Agriculture and Rural

Development, Department of Planning and Investment and Land Management Department

was submitted to Dak Lak province People's Committee for approval on August 14.

September 1999, Dak Lak People's Committee approved the proposed plan of FLA on

September 7, 1999 (Decision No. 2232/QD-UB). The decision regulated that forest land

should be allocated to households with Red Book Certificates. Along with Red Books the

FLA recipients receive a contract, which indicates the benefit sharing between the state and

recipients.

5.1.4 Chronology of Events in Cu Jut Forest Enterprise

Cu Jut Forest Enterprise has implemented the FLA program one year after Ea Hleo Forest

Enterprise. The chronology of events, therefore, was slightly different compared to Ea

Hleo. The process was not much better in Cu Jut due to many problems encountered during

the implementation. Uncontrolled immigrants and poor cooperation are two main reasons

that had led to the slowdown of the process in Cu Jut Forest Enterprise.

March 1999: The Department of Planning and Investment made a decision to assign Cu

Jut Forest Enterprise to allocate 1000 ha of forest to local households with budget plan for

implementation.

May 1999, Cu Jut Forest Enterprise conducted a land use survey and forest inventory to

prepare a map of existing forest as well as a land use planning map for the forest plot No.

478 in Ea Po commune. In July 1999, the maps of forest state and land use planning were

available.

August 1999: The first village meeting was organized by Cu Jut Forest Enterprise. The

objective of the meeting was to inform the villagers who live around the forest about the

FLA program. Until the end of 1999, there were three meetings held by Cu Jut Forest

Enterprise with local people but the first one was not successful due to the absent of

communal People’s committee. In the first meeting, 56 households applied to receive

forest, but at the third meeting there were up to 102 households applying for forest.

January 2000: The Cu Jut Forest Enterprise submitted an official letter to Department of

Agriculture and Rural Development and asked for approval of FLA plan.

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February 2000: A meeting was organized by Cu Jut Forest Enterprise to inform recipients

and representatives of commune People’s Committee about the detailed FLA plan and

established forest protection groups. With the facilitation of Cu Jut Forest Enterprise, nine

groups were established.

August 2000: Dak Lak People’s Committee made a decision to retrieve the forest area

from Cu Jut Forest Enterprise to assign to Cu Jut district People’s Committee. Based on the

Land Law, the People’s Committee is a competent authority to allocate forest land with

Red Books. A long with this decision, the People’s Committee of the province also made a

decision to approve the FLA plan of Cu Jut Forest Enterprise.

November 2000: The People's Committee of Cu Jut district organized a mission including

Cu Jut Forest Enterprise, Land Management Office and Forest Protection Unit to verify in

the field how much forest land change since Cu Jut Forest Enterprise conducted the FLA

program. The reason for this was that because at the time when Cu Jut Forest Enterprise

started the program until the Dak Lak People’s Committee has the decision to approve the

FLA plan and to retrieve forest land to Cu Jut People Committee there were a lot of

changes due to illegal logging and encroachment.

In comparison with the process in Ea Hleo Forest Enterprise, the situation in Cu Jut was

complicated due to high immigration rates and lack of collaboration between Cu Jut Forest

Enterprise and the local authorities during implementation of the FLA program.

5.1.5 Stakeholders assessment

Although, the institutional landscape of FLA is very divers in the early stages, it can be

divided into four main groups

1. Local government with the communal People’s Committee

2. Government agencies,

3. User groups, and

4. The private sector and non-government organizations.

It is useful to have a closer look at the vertical and horizontal relationships among these

institutions and between these institutions and FLA in terms of decision-making, service

provision, resource flows, and accountability.

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For the local governments FLA is a process of decentralization as well as devolution of

forest management. They, therefore have more power in decision-making compared to in

the past. However, they also have more responsibility for forest protection and enforcement

of penalties against violations of forest management laws. Local government has tried to

devolve forest management to lower levels and to individual households or user groups.

This is a process that can improve the cooperation in forest protection activities and lead to

joint forest management. On the other hand, in the early stages of FLA, local people need

support from local governments such as basic services like financial assistance, extension,

and improvement of infrastructures. The Provincial People’s Committee has played an

active role in the FLA process and regulated the departments at the provincial level to

fulfill their mandates. Due to a lack of experienced and trained human resources, local

governments at district and commune levels performed ineffectively at the beginning of the

FLA process.

Government agencies have changed their role due to the FLA process. Different interests

prevailed in different government agencies. Therefore, they have followed different ways in

the FLA process. The State Forest Enterprises were assigned to implement the FLA and

received the budget for it, so they do FLA as annual assignment. Besides, many state forest

enterprises in Dak Lak are eager to allocate forest land to local people/community, because

this area is mainly poor or degraded forest, of which they can only make limited profit. . In

area with fertile basaltic soils, which are suitable to plant cash crop like coffee and pepper,

the state forest enterprises try to keep their land and are resistant to allocate it, in order to

do business with cash crop plantations. Other state agencies such as the Land Management

Office, the Forest Protection Unite, the Agriculture Extension Station, and the Agriculture

and Rural Development Office were not actively involved in the FLA process, because they

did not get any benefit from FLA. They participated in FLA process due to their mandates

assigned by the local governments.

User Groups of FLA in Dak Lak province include individual households, interest groups

and communities. The incentive of local people to get involved in FLA is to have an

official right to use the forest and forest land as well as the related benefits stated in chapter

I (1.1), and to pas it on to their children. For urgent needs, the recipients could convert

some part of forest to agricultural land, if they lack land for cultivation. In addition, they

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35

may get support from local government through the state agencies such as technical

services, training programs, and credit schemes. It is expected that FLA would create more

investment in forest development by these user groups. However, with long- term benefits

from forest production, the user groups face a lot of difficulties in terms of capital and labor

force if FLA is carried out with individual household recipients. Another danger of FLA is

potential forest degradation, conversion or clear-cutting for other purposes due to

difficulties in protection by the forest owners, bad economic development policies, and

poor monitoring systems from local governments. In addition, people may move to forest

areas that belong to other owners or state forest enterprises to log timber or harvest NTFPs.

This could create more difficulties for state forest enterprises and local government.

In the private sector In Dak Lak province there is only one foreign project involved in

FLA process, which supported state agencies and local governments to apply participatory

approaches in FLA. It is too early to describe any private company or organization, who are

involved in the FLA in Dak Lak province. So far, almost all forest management activities

are undertaken by state agencies. Nevertheless, FLA would give a chance for the private

sector to be involved in service provision in the near future.

5.2 Presentation of household survey results

5.2.1 Targeting

As discussed in Chapter 2, a major objective of the FLA program in Dak Lak province is to

contribute to poverty alleviation. Another objective is to ensure sound and sustainable

forest management to bring deforestation to a halt, which is seen as a crucial problem in the

region. This implies that forest land should predominantly be allocated to households that

are ranked as "poor" and "hungry"4 in the official poverty classification system. The

following figure displays the total number of recipients and non-recipients of forest land in

each poverty class in all villages, where forest land was allocated by Ea Hleo and Cu Jut

4 Households are classified as hungry, if their income is less than 13 kg of rice (equivalent 45,000 VND) percapita per month., Poor households with less than 15 kg of rice (equivalent 55,000VND)/capita/month areclassified as poor.

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36

Forest Enterprises. It can be observed that most of recipients of forest land are in the classes

"poor" and "hungry". This corresponds to the objective of allocating forest land mainly to

the poor and hungry households. However, Figure 5 also shows that the percentage of

recipients in the "hungry" class (33%) is lower than in the "poor" class (46%). This may be

due to the fact that many households in the hungry class do not meet other criteria for the

forest land allocation, such as sufficient labor resources, lack of agricultural land, native

ethnic minority group, or located close to a forest.

Figure 5: Number of recipient and non-recipient households by poverty class

The FLA can contribute to poverty alleviation because each recipient household of forest

land is allowed to convert up to two hectares of forest into agriculture or agro-forestry, if

they are definitely lacking agricultural land. However, for forest development in the long

run, it is necessary to pay attention to the investment capacity of the poor. Most of the poor

cannot invest in forest development without support from the government or outsiders.

5.2.2 Participation

Participation of the villagers in FLA is considered to be a major prerequisite to its success.

Villagers should actively participate in meetings and express their own opinions. This will

also facilitate discussion among them and help them to derive recommendations. Figure 6a

812 21

32111

132

34

69

0

50

100

150

200

250

Better-off Medium Poor Hungry

Non-recipient

Recipient

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37

shows that there were no major differences between medium, poor and hungry households

concerning the attendance of meetings held in the course of the FLA process. However, the

better-off households participated in more meetings. They may have better access to

information and are in a better position to set aside time for meetings. Figure 6b shows that

in 78% of the households, only male family members attended the meeting, even though

FLA certainly is highly relevant for women as well. The interviewed villagers explained

that women are usually busy with housework, and with the children and therefore have no

time to participate. Moreover, in ethnic minority areas in the central highlands, the men in

the family undertake most of the affairs dealing with outsiders.

Figure 6a: Attendance of meeting by poverty class Figure 6b: Attendance of meeting by gender

5.2.3 Equity in the Forest Land Allocation program

One of the biggest challenges of the FLA is the selection of recipients and the distribution

of the forest plots. In order to meet the goals of the FLA and avoid conflicts among the

villagers, SFEs and communal PCs, criteria were developed to define who will receive

forest land. The criteria applied are to pay first priority to: 1) to hungry and poor

households; 2) households with lack of agricultural land; 3) households that have enough

labor capacity; and 4) indigenous ethnic groups living close to a forest. The criteria have

been discussed in the village meetings. However, the final decision of recipient selection

poverty class

hungrypoormediumbetter of f

aver

age

no. m

eetin

gs a

ttend

ed

4,5

4,0

3,5

3,0

2,5

2,0

1,5

1,0

,5

0,0

2,3

2,72,5

4,0

both 2 %

only female 11%

only male 87 %

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38

was made by SFE together with communal PC and village headman. Figure 7 below show

how these criteria are met.

Recipient

non-recipientrecipient

Mea

n si

ze o

f Agr

. lan

d (h

a)

1.4

1.2

1.0

.8

.6

.4

.2

0.0

cash crop size

upland size

paddy size

Figure 7: The size of agricultural land of recipients and non-recipients

Figure 7 shows that the recipients have more agricultural land than the non-recipient. It

should have been the other way round. This means that criterion (2) was not met in the

selection of recipients. Non-recipients have roughly the same amount of paddy land, but

slightly less land under cash crops and significantly less upland fields. Although the poor

and hungry have more agricultural land than the other groups, they lack capital for

production inputs and knowledge due to less access to the information from outsiders. In

addition, the poor and hungry cannot hire labor for their agriculture production. They have

more land on which they produce less, because they cultivate it less intensively.

Criteria (3) was also not well met, because the data reveals that there is not a big difference

between average working labor of recipients and non-recipients, (recipient 2.55 per

household and non-recipient 2.51 per household).

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39

As 39% of the recipients in Ea Sol belong to an indigenous ethnic group (Gia Rai), criteria

(4) were met. Cu Jut this criteria were not considered, because almost all residents there are

immigrants, who came within the last two decades.

The size and the quality of the allocated forest land is important, because it influences the

potential income to be derived and the time when it will be available. Moreover, the

question how plots of different size and quality are distributed among households is

important with regard to the equity objectives of FLA and the goal to avoid conflicts.

Figure 8a shows that mostly poor or degraded forest has been allocated. As displayed in

Figure 8b, the size of allocated plots decreased with increasing poverty status. This could

be a consequence from the available labor force in each household. This must be carefully

interpreted, because of insufficient data on this variable. Many recipients could not answer

exactly how many hectares of forest they received. In addition, in the case of Cu Jut the

demarcation of the plots in the field was not finished at the time when interviews were

conducted. Therefore, the size of the allocated plots was not known. Nevertheless, it is

useful to study whether a trend of equity has been implied.

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40

poverty class

hungrypoormediumbetter off

Mea

n pl

ot s

ize

(ha)

1212

18

20

Figure 8a: Quality of allocated forest(evaluated by villagers)

Figure 8b: Size of plots by poverty class

The evaluation of forest by recipients5 is not different from the inventory data conducted by

forest enterprise. Most of the allocated forest area is close to where the people live, it has

been damaged by illegal logging, fires, and shifting cultivation. Forest quality is a

challenge of the FLA to be attracted by local people.

5.2.4 Forest protection and investment

A major goal of forest land allocation is to create incentives for the villagers to better

protect and manage forest resources and to promote investment for forest rehabilitation.

5 The local people have their own methods to evaluate forest, based on the number of trees can be harvested,soil fertile, species composition, etc. This can be adapted to the official classification of SEFs.

other

degraded

poor

medium

rich

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Figure 9a shows that households plan to spend time and effort in forest protection. The

poorest households even showed the highest interest in protection. This also means that the

poor may depend more on the forest resources than the better off, because they combine

protection forest and other activities such as NTFPs collection or going to their upland

fields.

Figure 9b shows that most of the recipients are members of a forest protection group. This

indicates that they try to find efficient ways for forest protection, because group formation

allows to save labor and cost by rotating the protection activities. Moreover, group

formation enhances the security of such activities, which might be a crucial problem in

cases in which outsiders come to damage forest. The formation of groups for forest

protection could also be used for the provision of group-based extension and support

services later on. The majority of the recipients intend to invest in the allocated forest land.

They may, however, require financial and technical support.

Figure 9a: Time allocation for forestprotection

Figure 9b: Group formation for forestprotection

Figure 10 shows that all households intend to invest in afforestation. The households in the

poor and hungry group also intend to convert some parts of the allocation forest into

agricultural land. This may reflect their need of land for agricultural production. Moreover,

FLA could contribute to poverty alleviation by giving the poor and hungry households a

poverty class

hungrypoormediumbetter off

mea

n tim

es p

er m

onth

goi

ng fo

r pr

otec

tion

10

8

6

4

2

0

9

6

2

3

poverty class

hungrypoormediumbetter off

perc

enta

ge o

f hou

seho

lds

100

90

80

70

60

50

40

30

20

10

0

member of group

no

yes

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42

chance to have more land for cultivation and generate more income. Nevertheless, the need

of agricultural land of the poor is also a danger for the existing allocated forest, because the

recipients would convert forest gradually for into agricultural land.

Participatory land use planning before the allocation of forest could be one way to avoid

unplanned future conversion of forest to agricultural land. The criteria to convert forest to

agricultural land must be carefully developed to avoid detrimental environmental

consequences.

Figure 10: Intended investment and changes of allocated plots by poverty class

Figure 10 also shows that the recipients do not expect much from the natural forest, but

they hope to get more income from afforestation on the allocated plots. To support

recipients the SFEs have developed forest development plans for each allocated plot.

However, this plan was developed without the participation of recipients, who will be the

ones to carry it out. Besides, recipients hardly ever follow these official plans, which were

developed according to technical specification, and which lack funds to pay for the required

forest development investment.

Although recipients plan to invest in forest production, they still face a lot of difficulties in

financial and technical aspects. It is necessary to pay attention to the situation that many

recipients do not know where to get support. Figure 11 illustrates where recipients expect to

get assistance.

poverty class

hungrypoormediumbetter off

perc

ent o

f hou

seho

lds

in e

ach

clas

s

100

90

80

70

60

50

40

30

20

10

0

kind of change

other

no change

convert to

agriculture

enrichment

afforestation

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poverty class

hungrypoormediumbetter off

Per

cent

age

100

80

60

40

20

0

From whom you expect

do not know

relative, friends

other organisation

from the SFE

from the bank

2562950

148

50

50

14

50

17

4443

Figure 11: Recipients expected support from relevant of organizations

About fifty percent of the better off, poor and hungry classes expect to get support from the

SFEs. This would reflect the role and relationship between SFE and villagers. Many

recipients have the intention to get a loan from the bank. This is especially the case for

recipients in the poor and medium class. Nobody in the better off class expected to get

support from the bank. They might not be as capital-constrained as poorer households or

already have sufficient access to formal and informal capital resource or can arrange such

loans themselves and might not need support from outsiders.

5.2.5 Expected benefits

Figure 12 shows that timber is the most important benefit, which recipients expect to

receive from the allocated forest. Moreover, the survey also clearly showed that non-timber

forest products (NTFPs) play a considerable role for the rural households. However, these

benefits have already been available prior to forest land allocation, after allocation this

benefit will merely be officially condoned.

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poverty class

hungrypoormediumbetter off

Per

cent

age

100

80

60

40

20

0

estimated income

others

From afforestation

Land for agriculture

timber from N.forest

625

6

24

13

38

20

65

85

38

80

Figure 12: Expected benefit from allocated forest

Timber from the natural forest is the most important expected benefit, but it can only be

harvested after a considerable period of time. The question is how the poor and hungry

households can increase their living standards in the mean time. It would be useful to

combine forest land allocation with other rural development activities, which provide more

immediate benefits such as: agricultural extension, financial assistance, and infrastructure

development. A part from that, sustainable NTFPs management should be introduced to

help villagers make effective use of natural forest for the long term. Besides, conversion

forest into agricultural land is also an expectation from recipient. This contradicts the

intention to change their plots in Figure 10 with better off and medium class. People might

have been afraid to give answers, which contradicts the official regulation stated in the Red

Book. Therefore, answers from the survey are probably biased and intended future

conversion is underestimated by survey results.

5.2.6 Expectation of non-recipients

Almost all non-recipients in the interviewed sample do expect to receive forest land in the

future. Figure 13 indicates that only very few households in the poorest group did not have

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45

this expectation, because they themselves did not meet the criteria to be recipients of the

FLA primarily due to lack of labor. This shows that FLA is a very popular and well-

received program. The survey shows that the villagers are worried about their children's

future due to lack of timber for housing and land for cultivation. Many people state this as

one of the major reasons why they want to receive forest land. Moreover, this also reflects

the existing pressure on the forest land, which leads to rapid deforestation and forest

degradation in the region.

poverty class

hungrypoormediumbetter off

Per

cent

age

100

80

60

40

20

0

Expect receive for.

no

yes

9

91

100100100

Figure 13: Non-recipients expect to receive forest land in the future by poverty class

However, the high expectation of non-recipients in those villages where forest land has

been allocated needs to be considered to avoid future conflicts. If forest allocation to all

households in a village is not an objective in the FLA process, special efforts appear to be

necessary to make clear that households that do not meet certain criteria, will not receive

forest land. It may also be worthwhile to consider the objective of increasing the proportion

of recipients in villages where the FLA took place by allocating more forest, because there

are still big forested area available, which are not yet allocated to the people in the region.

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poverty class

hungrypoormediumbetter off

Per

cent

age

100

80

60

40

20

0

Expect disadvantage

no

yes

5721

43

79

100100

Figure 14: Non-recipients expect disadvantages because without FLA

Figure 14 shows that most of non-recipients are aware of disadvantage if they will not

receive forest land in the future. The figure also shows the trend that people in better off

and medium class may know better about the advantage of receiving forest land. But only

43 % of the hungry aware that they have disadvantages due to not receiving forest land. It

would mean that the poor and hungry people may lack of information about the FLA and

potential uses of the land use certificates (Red Books). This is also a logical interpretation

of the fact that 100 % of interviewed household in the hungry class, and 92% of household

in the poor class said that they can use the forest without Red Books. This indicates that

poorer classes view the forest lands as a common property resource to be exploited by those

who need it.

5.2.7 Gender issue

In Ea H’Leo FLA has been undertaken in indigenous minority areas where a matriarchal

cultural system exists. Therefore, it is of particular importance to pay attention to gender

issues. However, the participation of the women in the FLA process does not mirror their

importance in every day forest management. As mentioned above, men undertake most of

the affairs dealing with outsiders. Related to the FLA program, women’s participation in

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the meetings was much less than men. Figure 15 compares the differentiation between the

two study sites.

Research sites

Ea Po (Cu Jut)Ea Sol (Ea Hleo)

Per

cent

age

100

80

60

40

20

0

who inherit plot

who stay with parent

only sons

only daughters

all children equally

1116

66

81

21

Figure 15: Intention of recipients to inherit allocated plots in the future

Figure 15 shows that the Gia Rai ethnic group in Ea Sol commune prefers land

management systems following the traditional way of matriarchy. FLA therefore gives

them a chance to conserve their own customary law in land management. On the contrary,

people in Cu Jut with its majority of Kinh and Thai ethnic groups employ a different

system in land management. They do not intend to bequeath allocated plots to daughters,

because daughters will get married and move to the husband’s family. However, there are

also a number of families, who have the idea that land should be equally divided up to all

children.

Nevertheless, most villagers in both study sites want to register only the husband in the

Redbook (see Figure 16). The husband is the ‘family owner’ and the key person, who deals

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with most social affaires and with outsiders. Some villagers explained that husbands have

better knowledge in law issues and social affaires than wives do.

research site

Ea Po (Cu Jut)Ea Sol (Ea Hleo)

Per

cent

age

100

80

60

40

20

0

Name in red book

other

both

wife

husband

65

9094

Figure 16: Registered name in the Red Books

However, gender plays a larger role in how forests are used in the study sites. Harvesting of

forest products for food and income generation are important activities for villagers in two

study sites. Figure 17 gives evidence that the collection of NTFPs is mostly done by

women.

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Research site

Ea Po(Cu Jut)Ea Sol (Ea Hleo)

Per

cent

age

100

80

60

40

20

0

who harvest NTFPs

mainly wife with

other help sometimes

both equally

wife

husband

35

5

15

43

81

17

Figure 17: Collection of NTFPs in two study sites

It is crucial to pay attention to women in aspects related to forest management as women

spend considerably more time in the forest than men and are the primary ‘forest managers’.

Because they are very familiar with the forest, training courses or extension services after

FLA could facilitate the use of their skills in forest protection and management. In

households of ethnic minorities, women have a substantial knowledge on forest products,

because they usually go to harvest NTFPs in the natural forest. For example, many kinds of

medical herbs are only known by women, especially in the indigenous ethnic group of Gia

Rai, E de and M’nong people.

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CHAPTER VI

6 Discussion

6.1 Institutional aspects

RolesThe findings from this study show that the pilot project of FLA in Dak Lak province has

achieved initial remarkable initial successes, because of the high need for policy relevant

models for FLA. However, there are number of shortcomings that need to be addressed for

improvement in further implementation of FLA. For example, the institutional

arrangements in the earlier stages were not well organized, mainly due to the low level of

collaboration between state agencies. The stakeholders involved in the FLA process all had

different interests, and even no interest at all, except just as a duty assigned by local

government. It is too early to judge the success of FLA and the degree to which it achieved

its objectives. Nevertheless, FLA has initiated a promising trend to the change role of

government agencies, from direct management of resources to the provision of a regulatory

framework and support services. The role of state forest enterprises, agriculture extension

body, and other relevant organizations would change accordingly. For the State Forest

Enterprises, FLA would change their role from direct management of forest into service

providing agencies. As the research has shown State Forest Enterprises were very differ in

their capacity. There are some State Forest Enterprises have sufficient capacity to do their

own business, but many of them have shown a weak adaptable capacity to the new

situation. The extension body will have more chance to do business by providing services

to individual households, community in term of forest production and other off farm

enterprises. In this circumstance, state agencies will also change their behavior sue to

ownership of forest changed. To do so, State Forest Enterprises and extension body need to

be trained more in term of technical skills as well as the approaches. The participatory and

bottom up approaches should be taken into account during implementation process.

Moreover, a sound and adequate legal framework and mechanism to help state agencies

doing business need to be issued by government in order to adapt to the new circumstance.

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Participation was taken into account in the implementation process, but it was not followed

properly due to lacking of experience in implementation process. Most of state agencies

have got used to top down approaches, so far, because they have to follow regulation issued

by higher levels instead of demands from local people. Many relevant organizations and

even local people have just been informed about FLA, but they did not know much about

the process and especially were not included in the decision making process. This

shortcoming may cause conflicts between the state agencies, local government, and among

the people who should benefit from the FLA program. Thus, many state forest enterprises

were afraid to conduct FLA program, because they wanted to try to avoid the risk of

creating conflicts. Moreover, they do not want to loose benefits caused by handing over

property rights to other holders.

Incentives

It is expected that FLA can contribute to halt deforestation as well as to alleviate poverty.

In addition, in the administrative reform process, local governments want to reduce the cost

of resource management. Besides, government agencies would make some business by

providing services to user groups and undertake certain rural development programs on

behalf of the government. FLA in Dak Lak could also be a chance for some state forest

enterprises to “kick the ball” of responsibility of forest protection to local people, because

most of the forest area to be allocated is poor and degraded forest, which can not be

harvested in the coming five or ten years. The pilot project has definitely determined that

FLA will get more involvement from local people in forest protection, at least in the

allocated areas due to the official regulations in the Red Books. Moreover, under pressure

from the demands of environmental protection from national and international levels, the

local government tries to overcome deforestation by conducting FLA. In addition, local

government of Dak Lak would also like to prove their capacity in process of forest

management reform.

Capacity

It is necessary to look at financial, skill/experience and coordination among stakeholders.

Related to the financial issue, complete FLA would be a huge budget to be requested from

local government. But it is feasible to continue allocating forest land because recently the

central government spends annually about six billion VND for forest protection. This

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budget will be spent until government has proper solution for forest protection. When will

government stop spend this amount for forest protection in Dak Lak is still an open

question. However, if government uses six billion VND for FLA, these can allocate

approximately 120.000 ha in two or three years6. It means that, after two or three years

government will not have to spend such amount anymore because forest land will be

protected by local people.

Because there was a lack of experience of FLA implementation, the main actors in the pilot

area undertook the FLA with learning by doing approaches. This in general can lead to a

sound model for devolution of forest management in the transition process of the country’s

economic development because local actors would have initiatives during the

experimentation. Besides, it would be a valuable example for other provinces to draw

lessons learnt from implication of policy. However, learning-by-doing takes a long time

and is risky for the actors involved, especially for the beneficiaries of the project because of

a fear of a failure of policy.

The FLA in Dak Lak can be undertaken by state forest enterprises, because they have the

capability in terms of forest inventory, forest development design. Also, they are familiar

with the forests that they have managed since the foundation of the forest enterprise. A

problem, which needs to be addressed is coordination, collaboration among government

agencies, e.g. among the departments at provincial level, between SFEs and other

government agencies at district level. In addition, participatory approaches and gender issue

should be taken into account during implementation process as well as decision making at

all levels.

6.2 Household perspective

6.2.1 Participation

The results from the household survey show that participation from villagers of different

poverty classes was met due to the official criteria that mandated priority to the hungry and

poor households. The number of recipients classified as poor and hungry is much larger

6 See {Thanh.T.N, Tuan.N.V, et al. 2000}

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than the better off and medium classes (see Figure 5). The first hypothesis that “the poor

and hungry households have greater chance than better-off to receive forest land” is well

met, illustrated by Figure 5. However, the size of the allocated plots differs between better-

off and other classes. The statistical test shows the different means is not significant. It

would be influenced by many other factors such as the sample size, transparency procedure,

and available labor force. In addition, many of interviewed households could not answer

how many hectares did they receive. Also, all recipients in Ea Po commune did not know

the size of plots due to process of demarcation plots has not been finished in the field. This

must be carefully interpreted and should have deeper study to examine the factors

influenced.

The time villagers participated in the meetings varies between the better off and the others.

The better-off people may have more chance to receive information to participate in the

meetings or they may have more time because of better arrangement of labor in the family.

However, the time of attendance in meetings would not reflect completely how much

information participants would get from those meetings. It is difficult to determine that the

better off got more information than other classes because they participated more time. The

survey results were not sufficient to determine that better off have more chance to receive

information of FLA than other classes, but it, however, show the tendency that they

participated more time than other. It would be useful for the practitioners of the FLA to pay

attention to the participation of household from different poverty classes.

6.2.2 Incentive to invest in allocated plots

FLA has created the incentives to invest in afforestation and enrichment. Figure 10 reveals

that most of the recipients intend to plant trees on the allocated plots or enrich the plots

with the profitable species, which would generate income in the near future. This is a

significant change in the local people’s attitudes. FLA gives the recipient a chance to think

about long term investments in forest development, which they have never done before due

insecure of land use and land tenure. This means that FLA has influenced the ownership of

land. Officially, recipients can bequeath forest plots to their children, and so this makes

them more confident to do the long-term investments on the plots. Besides this, there are

also some recipients, who intend to convert some part of the forests into agricultural land,

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54

which would help them to address their urgent needs of agricultural production. This is

very congruent with the second hypothesis that “recipients are willing to invest in

afforestation/enrichment allocated forest”, and gives a good signal for the FLA

prospective. However, it is still difficult for the recipients to invest in forest development

due to lack of capital as well as experience. Thus, the local government should provide

financial and technical support in the beginning after FLA took place. In addition, other

rural development programs such as infrastructure improvement, credit scheme and health

care, etc should go along with FLA in order to help local resident to address their urgent

needs.

6.2.3 Incentive to protect allocated plots

Related to forest protection, the Figure 9a, and the Figure 9b shows the tendency that all

recipients are willing to spend time and effort for forest protection activities. They have

also formed groups for forest protection, which can be seen as a potential method for future

development of community forestry or joint management of forests. Apart from that,

recipients have plans to develop their own forest protection rules, which are mainly based

on customary laws toward forest management. 47 percent of recipients who answered that

they would punish people, who damage or cut their forest with a cash fine or turn him over

to the people’s committee or Forest Protection Unit. Other recipients reported that they

would inform the village headman about the incident and ask him and people’s committee

to deal with the problem. This proves that recipients perceived that their allocated plot

belongs to them and they would take the decision to punish whoever invades their property.

These are well matched with the third hypothesis that “the recipients have an increased

incentive to stop other villagers from illegal activities on allocated plots”. To do so, local

people need to be advised in terms of legal framework, and the law of forest development

and protection. Besides, the customary law of indigenous people in forest management

should be taken into account to facilitate local people to reserve their own way of natural

resources management, which seem to be gradually disappeared in mountainous area of

Vietnam recently.

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6.2.4 Expectation from non-recipients

As FLA was not applied for all villagers, who live in the same village, it is therefore

necessary to study the attitude and the feedback of non-recipients in forest protection after

FLA. Figure 14 manifests that non-recipients perceived that they would have

disadvantages, if they do not receive forest land. However, people in the poor (21%) and

hungry class (57%) were not aware of disadvantages, because they thought that they can

use the forest without owning a Red Books. The challenge for the FLA is to satisfy local

people’s expectations and needs, or otherwise it could create conflicts among the villagers.

Figure 13 illustrates the high expectations from non-recipients to receive forest in the

future. If this expectation cannot be met, it would endanger the FLA process. Furthermore,

one hundred percent of non-recipient households in the better-off and medium class and

ninety percent of poor and hungry class answered that they don’t actively protect forest

without Red Books. This proves that non-recipients have lower incentives to cooperate in

forest protection on land, which they used to use but now allocated to others. These results

confirm the fourth hypothesis that “non-recipients have lower incentive to cooperate in

forest protection”. Forest land allocated to limited numbers of individual households might

counteract equity aspects in the community, because not all households have been allocated

forest. This is useful information for Dak Lak province to evaluate whether forest should be

allocated to individual households or community or user groups. These are not only

influenced to equity aspect, but also influence to the forest management activities later on

because it is quite difficult to conduct forest management practice on household basic with

small area, especially with natural forest.

6.2.5 Gender issue

The results of this study also show an interesting aspect of FLA is gender related. The

participation of women in the FLA process was much less than men. There was also

considerable variation between the two study sites due to the traditional ways of the ethnic

groups involved in natural resource uses. While women are the main actors, who deal with

the collection of NTFPs and many other forest-related activities, they are not named in the

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Red Book nor usually in attendance in the meetings. The interviewed villagers explained

that women are very with their children and housework, but this author feels this is not a

real reason for this phenomenon.

The descriptive statistic shows that sixty four percent of interviewed villagers answered

that women can participate in forest protection activities and thirty five percent of

interviewed villagers answered that women can not participate in forest protection because

women can not solve the problem. The observation from field research proved that

deforestation is a crucial problem in the area, especially illegal logging from outsiders.

Thus, it is hard for women to deal with forest protection problems, in case they have to

arrest people who invade their forest plots. To get women participation in forest

management activities would be a potential solution. But, it may not work out with forest

protection activities, in particularly in the case Dak Lak province.

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CHAPTER VII

7 Conclusions and recommendations

7.1 Conclusions

The pilot project of FLA in Dak Lak province has achieved remarkable initial results

thanks to many efforts to address the needs of local people. It has been determined that Dak

Lak has played a vital role in pioneering experimentation in this field in addressing the

needs of local people, which is highly appreciated by the central government. The findings

from the study demonstrate that the forest land allocation process in Dak Lak province is

extremely important as a pilot project, from which valuable experiences and lessons can be

drawn. Studying these experiences could support the future forest land allocation process

not only in the region, but also in the whole country. The lessons to be learnt from Dak Lak

will help policy makers and organizations involved in the implementation of further

development and adjust the policies and implementation process. This could more

effectively reach the goals of poverty alleviation and economic development in

mountainous areas of Viet Nam. Further more, FLA would contribute to regional watershed

rehabilitation and downstream flowing effected by improving sustainable forest function.

However, there are shortcomings of the implementation process that need to be addressed.

The participation of villagers in different poverty classes, women and relevant stakeholders

was not completely followed properly, especially in the decision making process. The

coordination, collaboration among state agencies, and between state agencies with local

people was not good at the earlier stage of the implement process.

Based on the findings, specific conclusions can be derived:

• Coordination among the state agencies at all levels is very important to smooth the

process of FLA in Dak Lak province.

• FLA has paid priority to the targeted group of poor and hungry households.

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• The recipient selection only partly meet the criteria, which were developed by SFEs

and communal People’s Committee. In particular, criteria No.(2) was not

sufficiently considered.

• Most of the allocated forest is poor and degraded due to over-harvesting and illegal

logging. Thus, the allocated forest needs a long time to recover until meeting the

government criteria for timber use.

• The formation of groups for forest protection and the intention to invest in

afforestation and forest enrichment of recipients proves that FLA creates incentives

for investment and protection in forest development.

• Women’s participation in the meetings is considerably lower and they are less

frequently named in the Red Books than man despite the fact that their daily

activities are much more closely related to forest resources.

• The recipients of FLA expected support from SFEs and the bank for forest

development in the near future. However, many recipient do not know where and

how to get support for forest activities.

• Non-recipients have high expectation and willingness to receive forest land in the

future.

• Non-recipients have lower incentive to cooperate in forest protection with recipients

because they think that is responsibility of the recipients. This is also a limitation of

FLA, which not apply for whole community.

7.2 Recommendations

§ Related to institutional aspects, a set of adequate technical procedures (guidelines)

of FLA for the whole province should be developed that include specific tasks and

responsibilities of each state agency. Besides this, the requirements for the

participation of villagers, monitoring, and information dissemination should also be

included in the guidelines. This can help to avoid the overlapping responsibilities

between stakeholders who are involved in the FLA process.

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§ An intervention from provincial PC and district PC is necessary in order to improve

the coordination among the state agencies in the FLA implementation process

§ FLA and Land Use Planning technique training courses should be carried out for

technical staff at all levels, especially for practitioners in the field. In particular,

participatory approaches and improved participation of women) should be taken

into account during the FLA process.

§ In view of the poverty alleviation goal of the FLA, further implementation activities

should consider the question whether it is possible to increase the proportion of

recipients in the category of hungry households. This would require a revision of

the criteria of recipient selection in FLA process.

§ Taking into account that broad participation is an important prerequisite to a

successful FLA process, further research and implementation activities should focus

on 1) The reason for the relatively low participation and 2) How to increase the

participation of the hungry, poor households and of female household members.

§ The formation of groups for forest protection can also be used for the provision of

group-based extension and support services. The majority of recipients intend to

invest in the allocated forest land. That may, however, require financial and

technical support. The need of poor and hungry households for agricultural land

should be taken into consideration in the FLA process. Participatory land use

planning should be carried out before FLA takes place.

§ The criteria to convert forest to agricultural land must be carefully developed to

avoid environmental problems, because many recipients intend to convert forest

into agricultural land without official planning. A good monitoring and evaluation

system for the forest land that has been allocated to the people is needed.

§ As timber, the most important expected benefit, will be available only after a

considerable period of time, it may be useful to combine forest land allocation with

other rural development activities, which provide more immediate benefits such as:

agricultural extension, financial assistance, and infrastructure development. Apart

from that, sustainable NTFPs management should be introduced to help villagers to

make use of the natural forest in the long term.

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§ High expectations of non-recipients in those villages where forest land has been

allocated need to be considered in order to avoid conflicts in the future. If forest

allocation to all households in a village is not an objective in the FLA process,

special efforts appear to be necessary in order to communicate more clearly that

households that do not meet certain criteria will not receive forest land. It may also

be worthwhile to consider the objective of increasing the proportion of recipients in

villages where forest land is allocated.

§ Further research and implementation activities should pay special attention to the

social and cultural aspects of forest land tenure.

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Summary

In Vietnam land is uniquely owned by government, but government allocates to the users

for long-term and sustainable use (Land law 1993). Poverty and insecurity of land use have

lead to rapid deforestation in the country during last two decades. Vietnamese government

has tried to reform the forestry sector in order to halt deforestation and contribute to

poverty alleviation by decentralization and devolution of forest management in the country.

So far most of barren land, which was classified as forestry land (forestry development

purpose) was allocated to individual households, user groups or organizations. However,

with forested land (with trees exist) it is still at the beginning stage. Dak Lak province is

playing pioneering role in allocating forested land to individual households with long-term

land use certificate so called “Red Book”, which can be collateral at the bank, transfer, sell,

use, and inherit.

This study tries (1) to assess the process of the role and performance of stakeholders

involved in the project (2) to examine the degree of participation of local people,

stakeholders in the Forest Land Allocation process. (3) to identify the expected impact of

FLA on livelihood of local resident, and (4) derive recommendations to policy relevant of

Forest Land Allocation program.

The major focus of the research was collection of primary data from household interviews

and meeting with stakeholders at province down ward to village level. Stratified random

sampling was used to select 130 households including recipient and non-recipient to be

interviewed with standardized questionnaires. The stratification was applied for recipient

status, location of villages, and poverty status. However, the available secondary data of

Forest Land Allocation was also used for supplementary information. In addition, direct

participation in meetings, workshops and participatory rural appraisal was used for

crosscheck the collected information.

The results of the research are summarized as follows:

§ The stakeholders involved inactively in the earlier stage of the implementation of the

FLA process due to lacking of coordination, collaboration among state agencies and

state agencies with local people. However, the intervention of the People’s Committee

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at province and district is very important to improve the coordination and collaboration

among state agencies.

§ The participation of villagers in the FLA process differed between poverty classes. The

better off participated in the meetings more than the poor and hungry households. But,

FLA paid priority to the poor and hungry households to receive forest. The criteria of

recipient selection were not well met. Besides, most of the allocated forest is poor and

degraded due to over-harvesting and illegal logging. Thus, the allocated forest needs a

long time to recover until meeting the government criteria for timber use. Women’s

participation in the meetings is considerably lower and they are less frequently stated in

the Red Books than man despite the fact that their daily activities are much closer

related to forest resources.

§ Recipients have incentive to invest in afforestation, enrichment of forest and have

willingness to spend their time and effort to protect allocated plots. The formation

group for forest protection, intention to plan profitable species proves that FLA has

influenced to the ownership of land. However, they need support from government and

state agencies in term of financial and technical assistance.

§ Non-recipients have high expectation and willingness to receive forest land in the

future. Besides, Non-recipients have lower incentive to cooperate in forest protection

with recipients because they think that is responsibility of the recipients.

As a whole, Forest Land Allocation program is a promising solution, which contributes to

halt deforestation as well as to alleviate poverty of local resident. However, there are still

shortcomings should be improved in further implementation process. This study derived

several policy relevant recommendations in order to support decision makers draw lesson

learnt for doing better in the future.

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Zusammenfassung

Land ist in Vietnam Eigentum der Regierung, wird jedoch zur langfristigen und nachhaltigen

Nutzung vergeben (Land Law 1993). Armut und unsichere Besitzverhältnisse führten zu einer

schnellen Degradierung der Waldresourcen in den letzten beiden Dekaden. Um diesen Trend

aufzuhalten und gleichzeitig die Armut zu mindern, versuchte die Vietnamesische Regierung

den Waldsektor durch Dezentralisierung von Forstmanagement zu reformieren. Bis zum

heutigen Zeitpunkt wurde der grösste Teil Brachland, das zum Zweck der Forstentwicklung als

Wald klassifiziert ist, an einzelne Haushalte, Nutzergruppen und Organisationen vergeben. Die

Forstlandvergabe von tatsächlich bewaldetem Land ist jedoch noch immer in der

Anfangsphase. Die Provinz Dak Lak spielt eine Vorreiterrolle bei der Vergabe von bewaldeten

Flächen an einzelne Haushalte mit langfristigen Nutzungsverträgen, die „Rotbücher“ genannt

werden. Diese Landnutzungszertifikate können als Hypothek bei einer Bank eingesetzt werden

und erlauben den Transfer und Verkauf sowie die Nutzung und Vererbung des Forstlandes.

Diese Studie versucht (1) die Rolle und Leistung der im Prozess beteiligten Gruppen zu

bewerten, (2) den Grad der Partizipation der lokalen Bevölkerung im Zuge der

Forstlandvergabe zu untersuchen, (3) die erwarteten Auswirkungen der Forstlandvergabe auf

die Lebensumstände der lokalen Bevölkerung zu identifizieren, und (4) daraus

Politikempfehlungen abzuleiten, die für die zukünftige Durchführung der Forstlandvergabe von

Nutzen sein könnten.

Das Hauptaugenmerk der Forschung lag in einer Primärdatenerhebung auf Haushaltsebene und

Diskussionen mit Beteiligten von Provinz- bis Dorfebene. Für die Haushaltsumfrage wurde

eine stratifizierte Zufallsauswahl von 130 Haushalten gezogen, die sowohl Empfänger von

Waldland als auch Haushalte einschloss, die in der derzeitigen Phase nicht berücksichtigt

wurden. Die Statifizierung wurde nach dem Emfängerstatus, der Lage der Dörfer und der

Armutsklassifizierung durchgeführt. Die ausgewählten Haushalte wurden mit einem

standardizsierten Fragebogen interviewt. Verschidenste Sekundärdaten wurden als zusätzliche

Informationsquellen benutzt. Teilnahme an Treffen, Arbeitsgruppen und ‚Participatory Rural

Appraisal’- Techniken ergänzten die gesammlten Infromationen und erlaubten eine

Verifizierung der gesammlten Primärdaten.

Die Ergebnisse können folgendermassen zusammengefasst werden:

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• Die beteiligten Gruppen waren in der Anfangsphase nur unzureichend an der

Implementierung der Forstlandvergabe beteiligt aufgrund mangelnder Koordination und

Zusammenarbeit unter staatlichen Stellen sowie zwischen staatlichen Stellen und der

lokalen Bevölkerung. Ein Eingreifen der Volkskommittees der Provinz und der Distrikte

wäre in diesem Punkt sehr wichtig, um die Koordination und Zusammenarbeit zwischen

stalltichen Stellen zu verbessern.

• Die Partizipation der Dorfbevölkerung im Prozess der Forstlandvergabe zeigte

Unterschiede zwischen verschiedenen Armutsklassen. Wohlhabendere Haushalte nahmen

an mehr Treffen teil als ärmere Haushalte. Letztere sind jedoch die Hauptzielgruppen des

Programms. Das Kriterium der Auswahl der Empfänger wurde somit nur mit

Einschränkungen erreicht. Ausserdem ist der grösste Teil des vergebenen Waldlandes

bereits degradiert aufgrund Übernutzung und illegalem Holzeinschlag, weshalb diese

Flächen lange Zeit benötigen werden, um die Kriterien der Regierung zur Holznutzung zu

erfüllen. Die Beteiligung der Frauen in den Treffen ist beträchtlich niedriger und sie sind

weniger häufig als Männer in den Landnutzungszertifikaten aufgeführt, obwohl die

täglichen Aktivitäten der Frauen sehr viel enger mit den Forstressoursen verbunden sind.

• Empfänger haben einen Anreiz in Wiederaufforstung zu invertieren und sind bereit Zeit

und Anstrengungen aufzuwenden, um ihre zertifizierten Forstflachen zu schützen. Die

Bildung von Waldschutzgruppen und das Vorhaben vieler rentable Sorten zu pflanzen

bestätigen den Einfluss der Forstlandvergabe auf die Eigentumsverhältnisse. Dies bedarf

jedoch finanzieller und technischer Unterstützung von staatlicher Seite.

• Haushalte, die keinen Wald erhalten haben, erwarten und sind bereit in der Zukunft

berücksichtigt zu werden Weiterhin haben diese Haushalte zur Zeit einen niedrigeren

Anreiz in Forstschutzmassnahemen mit Empfängern zu kooperieren, weil sie dies als deren

Verantwortung ansehen.

Zusammengefasst ist das Programm zur Forstlandvergabe eine vielversprechende Lösung den

Rückgang des Waldbestandes aufzuhalten und die Armut der ländlichen Bevölkerung zu

lindern. Verschiedene Problembereiche bedürfen jedoch in der zukünftigen Implementierung

vermehrter Aufmerksamkeit. Diese Studie entwickelte verschiedene Politikempfehlungen, um

Entscheidungsträger in der zukünftigen Durchführung des Programmes zu unterstützen und aus

bisherigen Erfahrungen zu lernen.

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Cees Leeuwis. 2000. Reconceptualizing Participation For Sustainable Rural Development:Towards a Negotiation Approach. Development and Change, Vol.31 (200), 931-959. Oxford OX4 1JF, UKRef Type: Magazine ArticleRef ID: 137

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Elinor Ostrom. Self-Governance and Forest Resources. Nr.20. 1999. CIFOR. LocalInstitutions for Forest Management.Ref Type: Conference ProceedingRef ID: 133

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Franz Schmithuesen. 1996. "Tenure and joint resources management systems on publicforest lands: Issue and trends." der Professur Forstpolitik und Forstoekonomie

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Furobotn, Eirik G. Pejovich Svetozar. 1972. "Property Right and Economic Theory: ASurvey of Recent Literature, in Journal of Economic Literature." Journal ofEconomic 101137-62.Ref ID: 123

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Hans Helmrich. Devolusion of Forest Management: Development of Assessment Methodsfor Forest Land Allocation in Dak Lak, Vietnam. 2001. Phnompenh, GTZ.Ref Type: Research proposalRef ID: 129

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Nghi, Tran Huu. Information on Natural Resources and Socio-economic Conditions in EaSol Commune, Ea H'Leo District, Daklak Province. 1999. Buon Ma Thuot,SMRP/GTZ.Ref Type: ReportRef ID: 113

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P. Faggi, T. Gomiero, A. Gribaldo, P. Palmeri, M. Paoletti, D. Pettenella, and B.Vinceti. 1998. Forest Land Privatisation In Vietnam: a sustainable transitionprocess ? Ed. Davide Pettenella. University of Padova.Ref ID: 109

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Parnwell, Michael J. P. 1996. Introduction: Politics, Sustainable Development AndEnvironmental Change In South-East Asia. Ed. Parnwell, Michael. London:Routledge.Ref ID: 31

Regina Birner. 1999. Forest Land Allocation to Households: Experiences from the PilotProject in Dak Lak Province. Analysis of the First Experiences from Ea Sol andDak Phoi Communes. Consultant Report .Ref Type: ReportRef ID: 112

Regina Birner. 1996. Decision-Making in Agricultural Production: Household, Co-operatives and Commercial Enterprises. Goettingen: NATURA/NECTAR Project.Ref ID: 119

Regina Birner, Michael Kirk, and Eirik Romstad. 2000. Theoretical Concepts ForResource Economics (Training module). NATURA/NECTAR Project.Ref ID: 120

Ruth Meinzen-Dick and Anna Knox. Collective Action, Property Rights, and Devolutionof Natural Resource Management: A Conceptual Framework. Journal ofEnvironment and Development . 1999. Washington DC, World Bank.Ref Type: In PressRef ID: 128

Ruth Meinzen-Dick and Margaretha Bakker. Water Rights And Multiple Water Uses:Framework And Application To Kirindi Oya Irrigation System, Sri Lanka. 2000.Washington, D.C., International Food Policy Research Institute. EPTD DiscussionPaper No. 59.Ref Type: JournalRef ID: 77

Sikor, Thomas and Trong Binh Nguyen. Forest Land Allocation in Dak Lak: An InitialAssessment. 2000. SMRP/GTZ.Ref Type: ReportRef ID: 110

Snare, Frank. 1972. "The Concept of OWnership", Vol.9." American PhilosophicalQuaterly 9200-6.Ref ID: 121

Thanh.T.N, Tuan.N.V, and Long .H.V. Phan tich chi phi va nhu cau nhan luc de thuchien giao dat giao rung (bao cao so 2). Ed. Tran Ngoc Thanh. 02. 2000. Buon MaThuot, SMRP/GTZ.Ref Type: ReportRef ID: 136

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APPENDICES

Appendix 1: Forest plots allocated to individual households in Dak Lak province

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Appendix 2: Questionnaires of recipient household interview

RECIPIENTS of Forest Land: Household Questionnaire No. _____

Explain purpose of the interview first!

Date of survey:___/___/2000 Hamlet: ____________________ Commune: ___________________

Name of interviewee: ________________________________________________________________

Name of interviewer: _______________________Assistant: _________________________________

Other persons present at the interview: ___________________________________________________

A. Forest Land AllocationA1) Red Book Certificate

1. Do you have a Red Book for agricultural land? yes no (only ask, if you don’t know)

2. Do you have a Red Book for home garden? yes no

3. Did you already receive the Red Book for forest land? yes no (only ask, if you don’t know)If yes, please show us your Red Book.4. What are the advantages of the Red Book Certificate as compared to a contract, Green Book, etc.?----------------------------------------------------------------------------------------------------------------------------------------------

A2) Allocated Plot

5. Do you know exactly, where your forest plot is located? yes no

6. Can you distinguish the boundary of your plot and the neighbours ? yes no

7. What is approximately the size of your plot? ________ ha don’t know8. What types (quality) of forest have been allocated in your village?

Many trees can be logged (rich) Some trees can be logged (medium)

Only small trees (poor) scattered trees and bare land (degraded)----------------------------------------------------------------------------------------------------------------------------------------------

9. What are the species which you find useful (for sale, housing, furniture, ...) in your plot ?----------------------------------------------------------------------------------------------------------------------------------------------

10. Is there a big variation in comparison with the other plots in your village ? Yes No11. As compared to the quality of the other allocated forest plots, how would you assess the value of your

own plot?

average of allocated plots above average below average

12. How many years do you think it will take until the trees will be big enough to be harvested?

aprox. 5 years aprox. 10 years aprox. 15 years more than 20 years

13. Will you have to apply for permission to be allowed to harvest timber? yes noIf yes, what will be the application procedure?----------------------------------------------------------------------------------------------------------------------------------------------

14. Will the State Forest Enterprise receive a share of the timber at the time of harvesting? yes noIf yes, what are the regulations?----------------------------------------------------------------------------------------------------------------------------------------------

15. Do you know how these regulations were made?----------------------------------------------------------------------------------------------------------------------------------------------

16. What kind of NTFPs can you get from the forest ?----------------------------------------------------------------------------------------------------------------------------------------------

17. Do you have to apply for it ? yes no18. What income do you estimate you may receive from allocated plot in the future ?

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----------------------------------------------------------------------------------------------------------------------------------------------19. What will you do with timer when trees can be harvested in the future ?----------------------------------------------------------------------------------------------------------------------------------------------

20. Can you harvest yourself ? yes noIf no - How will you harvest ?----------------------------------------------------------------------------------------------------------------------------------------------

21. If sell- to whom will you sell ?----------------------------------------------------------------------------------------------------------------------------------------------

A3) Forest Protection22. What are the main reasons to protect the forest ?----------------------------------------------------------------------------------------------------------------------------------------------

23. Are you member of a group of households which protect their allocated plots together? no yesIf yes:24. How many households are in your group? _______25. How many of them are close relatives? _________26. How has this group been formed?----------------------------------------------------------------------------------------------------------------------------------------------

27. How many group members go usually together to the allocated forest for protection? _________28. How often do they go to the forest (e.g., times per week): ______ times per _________

29. Does the time necessary for protection vary throughout the year? no yesIf yes, please specify why and indicate range----------------------------------------------------------------------------------------------------------------------------------------------

30. Do you or your family member loose other income opportunities (e.g., hiring out labour) because of the

forest protection activities? no yesIf yes, please specifyType of income lost: __________________________________31. How many days per months are lost? __________How many months per year is this relevant: _____32. Do you do other things during going for forest protection ?----------------------------------------------------------------------------------------------------------------------------------------------

If the household is member in a forest protection group:33. Would you prefer that the forest land is allocated to the entire group, instead of allocating it to individual

households? no yesPlease explain the reasons why no or yes:----------------------------------------------------------------------------------------------------------------------------------------------

34. Do you know whether this hamlet has God/sprit or watershed forest ? no yes

35. If yes, would you prefer that the forest is allocated to the entire village? no yesPlease explain the reasons why no or yes:----------------------------------------------------------------------------------------------------------------------------------------------

36. How would you share benefit for whole village ?----------------------------------------------------------------------------------------------------------------------------------------------

37. Have you found anyone damage your forests ? no yes38. If you find someone deforestation, what would you do ?----------------------------------------------------------------------------------------------------------------------------------------------

39. Who will solve this problem ?----------------------------------------------------------------------------------------------------------------------------------------------

A4 Investment in the Forest Plot

40. Would you like to change your allocated plot? no yesIf yes,41. What kind of changes ? (afforestation, enrichment, convert to agriculture,...)----------------------------------------------------------------------------------------------------------------------------------------------

42. How could you get the necessary financial resources for changing ?

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----------------------------------------------------------------------------------------------------------------------------------------------43. Who do you think you can get supports from ?----------------------------------------------------------------------------------------------------------------------------------------------

A5) Process of forest land allocation44. How many meetings on forest land allocation have you attended? ____45. How many households in your village have been allocated forest land? __________46. Why have you and the other households been selected for the allocation of forest land?----------------------------------------------------------------------------------------------------------------------------------------------

47. How exactly was the decision made that you will receive the plot which you have received?----------------------------------------------------------------------------------------------------------------------------------------------

48. Have there been conflicts over the questions who will receive which plot? no yesI yes, who resolves conflicts ? ----------------------------------------------------------------------------------------------------------49. Have there been conflicts in the village because not all households have received forest land?----------------------------------------------------------------------------------------------------------------------------------------------

50. What reactions do you expect from villagers who did not receive forest land? Do you expect that they maycause damage to your forest?----------------------------------------------------------------------------------------------------------------------------------------------

51. According to your opinion, what should be done to avoid conflicts arising because other villagers did notreceive forest land?----------------------------------------------------------------------------------------------------------------------------------------------

A6 Gender Issues51. Who in your family has participated in the meeting related to forest land allocation?----------------------------------------------------------------------------------------------------------------------------------------------

52. Did she/he inform other family members about the information that he/she got from the meeting ?----------------------------------------------------------------------------------------------------------------------------------------------

53. If yes - What did they tell you ?----------------------------------------------------------------------------------------------------------------------------------------------

54. If no - Why ?----------------------------------------------------------------------------------------------------------------------------------------------

55. Do all members in your family know where your forest plot is located? yes no56. Who has main responsibility of forest plots ?----------------------------------------------------------------------------------------------------------------------------------------------

57. Why that person ?----------------------------------------------------------------------------------------------------------------------------------------------

58. Can women participate in the forest protection activities? yes noIf no, why not?----------------------------------------------------------------------------------------------------------------------------------------------

59. Who will inherit your forest plot? Will it be divided in the course of inheritance?----------------------------------------------------------------------------------------------------------------------------------------------

60. Who should be named in the Red Book? wife husbandWhy ?----------------------------------------------------------------------------------------------------------------------------------------------

61. Who go to harvest NTFP/fire wood in the forest ?----------------------------------------------------------------------------------------------------------------------------------------------

A7 Recommendations62. What are your recommendations concerning the process of forest land allocation?----------------------------------------------------------------------------------------------------------------------------------------------

B Household Information Sheet Fill in or tick B1. Household Composition:63. Total number of household members? __________ Main labor

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No. No.Interviewed person 1 sons who finished schoolWife (or husband) daughters who finished schoolChildren below schooling age married children (still stay in family)Children in school spouses of married childrenOther members (specify)

B2. Quality of house (observe and assess)

64. average of village above average of village below average of villageB3. Vehicles :65. Do you own a vehicle?

none bicycle motorbike 2-wheel tractor other vehicle: _________________B4. Crop Land:66. How much agricultural land do you cultivate? (all household members together)

Type of land No. of plots Size (total of all plots) RemarksPaddy land (irrigated)Upland fieldsCoffeePepperOther land (specify)

67. How many storage baskets of rice did you harvest and store last year? _____the year before? ______68. If less than before, do you know why ?----------------------------------------------------------------------------------------------------------------------------------------------

69. Do you lack of food ? : no yes , if yes, how many month ? . . . . . . .70. What do you do to earn living during shortage of food ?----------------------------------------------------------------------------------------------------------------------------------------------

71. How would your situation change if there would be no forest available for you (or you are not allow toenter to the forest) ?----------------------------------------------------------------------------------------------------------------------------------------------

B5. Livestock:72. How many animals do you have? (count only adult animals)

Cattle: _______ Buffalo: _________ Chicken: no yesPigs: ________ Other animals (specify type and number): ________________________________B6. Government Services73. Did your household benefit from a government program (e.g., poverty alleviation program) during the last

years? no yesIf yes, specify program and benefit: _____________________________________________________

73. Does your household have access to credit? no yesIf yes, specify program and conditions: __________________________________________________B7. Classification74. How was your household ranked during the last survey?

Better-off medium poor hungry; other classification: _______________________

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Appendix 3: Questionnaires of non-recipient household interview

Non-Recipients of Forest Land: Household Questionnaire No. _____

Explain purpose of the interview first!

Date of survey:___/___/2000 Hamlet: ____________________ Commune: ___________________

Name of interviewee: ________________________________________________________________

Name of interviewer: _______________________Assistant: _________________________________

Other persons present at the interview: ___________________________________________________

A. Forest Land AllocationA1) Process of forest land allocation1. How many meetings on forest land allocation have you attended? ____

2. Have you applied for forest land? yes noWhy or why not?----------------------------------------------------------------------------------------------------------------------------------------------

3. How many households in your village have been allocated forest land? __________ don’t knowIf the farmer has applied:

4. Do you know why you have not been selected for the allocation of forest land? yes noIf yes, please explain the reasons.----------------------------------------------------------------------------------------------------------------------------------------------

5. Do you know why the others have been selected for the allocation of forest land? yes noIf yes, please explain the reasons.----------------------------------------------------------------------------------------------------------------------------------------------

6. Have there been conflicts in the village because not all households have received forest land?----------------------------------------------------------------------------------------------------------------------------------------------

7. Do you expect disadvantages that the allocation of forest land to a part of the households in the village

will have disadvantages for the households which did not receive forest land? yes no8. If yes, what type of disadvantages:----------------------------------------------------------------------------------------------------------------------------------------------

9. Do you expect to receive forest land in the future? yes no10. If yes, where should this land be located?----------------------------------------------------------------------------------------------------------------------------------------------

11. Do you use forest land already for which you do not have a tenure certificate ? -------------------------------------------12. Are you worried you do not have official rights to this land ? ----------------------------------------------------------------A2) Red Book Certificate

13. Do you have a Red Book for agricultural land? yes no (only ask, if your don’t know)

Do you have a Red Book for home garden? yes no13. In your opinion, what would are the advantages of forest land allocation with the Red Book Certificate as

compared to contract, Green Book, etc.?----------------------------------------------------------------------------------------------------------------------------------------------

14. Can you go to the forest and harvest NTFPs without "red book certificate" ? yes no15. What would you think if the recipients do not allow you to enter their forest plot ?----------------------------------------------------------------------------------------------------------------------------------------------

A3) Allocated Plots

16. Do you know exactly, where the forest plots which have been allocated are located? yes no

16. What types (quality) of forests have been allocated in your village? Is there a big variation?----------------------------------------------------------------------------------------------------------------------------------------------

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17. How many years do you think it will take until the trees will be big enough to be harvested?

aprox. 5 years aprox. 10 years aprox. 15 years more than 20 years

don’t know A4) Forest Protection

18. Do you think that the recipients can protect the allocated forest ? yes noPlease explain why----------------------------------------------------------------------------------------------------------------------------------------------

19. If you would be allocated forest land in the future, would you join a group for forest protection?

yes noPlease explain the reasons for yes or no.----------------------------------------------------------------------------------------------------------------------------------------------

20. Would you prefer that the forest land is allocated to a entire group of households, instead of allocating it

to individual households? yes noPlease explain the reasons why yes or no:----------------------------------------------------------------------------------------------------------------------------------------------

21. Would you prefer that the forest is allocated to the entire village? yes noPlease explain the reasons why yes or no:----------------------------------------------------------------------------------------------------------------------------------------------

22. If yes, how would you share benefit from the forest in the future ?----------------------------------------------------------------------------------------------------------------------------------------------

23. Do you do any forest protection activities even for land that you do not have a certificate for ?----------------------------------------------------------------------------------------------------------------------------------------------

A5) Investment in the Forest Plot24. If you would receive a forest plot in the future, which is not well stocked, would you like to plant

additional trees? no yesIf yes, which species and why?----------------------------------------------------------------------------------------------------------------------------------------------

24. How much would this investment cost (per ha)? ____________________________25. How could you get the necessary financial resources for this investment?----------------------------------------------------------------------------------------------------------------------------------------------

26. Who do you think you can get financial supports from ?----------------------------------------------------------------------------------------------------------------------A6) Gender Issues27. Who in your family has participated in the meeting related to forest land allocation?----------------------------------------------------------------------------------------------------------------------------------------------

28. Did she/he inform other family members about the information that he/she got from the meeting ?----------------------------------------------------------------------------------------------------------------------------------------------

29. If yes - What did they tell you ?----------------------------------------------------------------------------------------------------------------------------------------------

If no - Why ?----------------------------------------------------------------------------------------------------------------------------------------------

30. Do all members in your family know where your forest plot is located? yes no31. Who has main responsibility of forest plots ?----------------------------------------------------------------------------------------------------------------------------------------------

Why that person ?----------------------------------------------------------------------------------------------------------------------------------------------

32. Can women participate in the forest protection activities? yes noIf no, why not?33. Who will inherit your forest plot? Will it be divided in the course of inheritance?----------------------------------------------------------------------------------------------------------------------------------------------

34. Who should be named in the Red Book? wife husband

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Why ?----------------------------------------------------------------------------------------------------------------------------------------------

35. Who go to harvest NTFP/fire wood in the forest ?----------------------------------------------------------------------------------------------------------------------------------------------

A7 Recommendations36. What are your recommendations concerning the process of forest land allocation?----------------------------------------------------------------------------------------------------------------------------------------------

Household Information Sheet Fill in or tick

B1. Household Composition:37. Total number of household members? __________ Main labor

No. No.Interviewed person 1 sons who finished schoolWife (or husband) daughters who finished schoolChildren below schooling age married childrenChildren in school spouses of married childrenOther members (specify)

B2. Quality of house (observe and assess)

38. average of village above average of village below average of villageB3. Vehicles :39. Do you own a vehicle?

none bicycle motorbike 2-wheel tractor other vehicle: _________________B4. Crop Land:40. How much agricultural land do you cultivate? (all household members together)

Type of land No. of plots Size (total of all plots) RemarksPaddy land (irrigated)Upland fieldsCoffeePepperOther land (specify)

41. How many storage baskets of rice did you harvest and store last year? _____the year before? ______42. If less than before, do you know why ?----------------------------------------------------------------------------------------------------------------------------------------------

43. Do you lack of food ? : no yes , if yes, how many month ? . . . . . . .44. What do you do to earn living during shortage of food ? ----------------------------------------------------------------------------------------------------------------------------------------------45. How would your situation change if there would be no forest available for you (or you are not allow toenter to the forest) ?B5. Livestock:46. How many animals do you have? (count only adult animals)

Cattle: _______ Buffalo: _________ Chicken: no yesPigs: ________ Other animals (specify type and number): ________________________________

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B6. Government Services47. Did your household benefit from a government program (e.g., poverty alleviation program) during the last

years? no yesIf yes, specify program and benefit: _____________________________________________________

48. Does your household have access to credit? no yesIf yes, specify program and conditions: __________________________________________________

B7. Classification49. How was your household ranked during the last survey?

Better-off medium poor hungry; other classification: _______________________

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Appendix 4: Questionnaires of institutional interviews

Guideline for institutional questionnaires of LFA

Questionnaire No: _______

8 Explain purpose of the interview first!

Date of survey:___/___/2000 Organization: ____________________ _______

Commune: ___________________ District ___________________

Name of interviewee: ___________________________________________position:____________________

Name of interviewer: _______________________Assistant: _________________

Other persons present at the interview: ___________________________________________________

A. Institutional information:

1. How many staff are there in your office/organization ? _______

- University graduation: __________ of which female: ___________

- Technician: ______________ of which female: ______________

- Worker: ______________ of which female: ______________

2. What are main tasks/functions of your office ?

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

B. Forest land allocation process:

3. Have you/your staff attended FLA meetings/workshop ? no yes

If yes, how many ? Workshop: __________ Village meeting: __________

If No, Why ? .................................................................................................................................

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

4. What are the contents of meetings/workshop ?

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

5. How many staff in your office know about the FLA program ?

............... exactly few half all

6. How much the staff in your office know about the FLA program ?

very well well little don’t know

7. Do you know how long does it take to allocate forest land to the households/group ? no yes.

How long ? : ____________

8. Is it slow or fast , Why ?

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

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

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9. (If slow) Could you please tell us the main causes of delay of the FLA process ?

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

10. According to your opinion what should be done to get the process of FLA faster ?

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

11. Does your office get involve in the distributing forest plots to HHs/groups ? no yes

12. Do you think the villagers satisfy with method applied ? no yes

13. Does your office involve in the Red book issued process ? no yes

C. Potential cooperation:

14. According to your opinion what should be done to help recipients after forest land allocation ?

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

15. What are your office’s roles at that time ?

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

16. According to your opinion which organizations will be the main actor to assist villagers to develop forest

?

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

17. What are your recommendation related to coordination in FLA process ?

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

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

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