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INTRODUCTION
By 2012, forestry enterprises (AFEs) and Forestry Management Boards manage 2.15million hectare of forest land with very limited efficiency
Resolution No 30/NQ-TW and Decree No 118/2014/NĐ-CP on restructuring,development and improvement of agriculture and forestry enterprises (AFEs)
AFEs develop land use plan to return “inefficient” land to local authorities
Priority in allocating forest land is given to ethnic minorities in the area who arelandless or lack of production land
But:
The process was running very slowly
Lack of special policy framework for the land that AFEs return to localauthorities, to ensure the right of smallholders farmers and ethnic minorities toaccess that resource
Lack of M&E system for that land reallocation process
Project: Assessment framework on land reallocation of forestry enterprises in Vietnam
Lead organization: The Center for Agricultural Policy (CAP) / the Institute of Policy and Strategy for Agricultural and Rural Development (IPSARD)
Project Partners: Research Institute of Land Administration (RILA) of General Department of Land Administration; Centre for Environment and Community Assets Development (CECAD) under the Vietnam Union of Science and Technology Associations (VUSTA).
Objectives
Policy framework for reallocation of lands of State Forest Enterprises reviewed and Monitoring System developed and piloted
Recommendations for improved policies and practices on reallocation of lands from state forest enterprises and scaling up of M&E systems
M&E FrameworkSFE land
reallocation process
Good governance
Indicators Sub-indicators Questions Calibration
Process of
land allocate
from AFEs to
local
government:
- Step 1
- Step 2
- …
Process of land
reallocate for
farmers
- Step 1
- Step 2
- …
Participation
Transparency
Accountability
Capacity
Effectiveness
Fairness
Sub- Indicator 1
Sub- Indicator 2
Sub- Indicator X
Sub- Indicator 1
Sub- Indicator 2
Sub- Indicator n
……………….
Question 1.1
Question 1.x
Question 2.1
Question 2.y
Question 3.1
Question 3.z
…………………
Question ..
Question ..
Forest land
governance
index (FLGI)
Evalu
ation
point
Weighting
Weighting
Evalu
ation
point
Evalu
ation
point
Evalu
ation
point
100 points
each
PROCESS
1. Process of land allocate from AFEs to local government (100 point)
Arrangement, renewing of AFEs (10 point)
Allocate land to local government (40 point)
Reallocate land to farmers and organizations (40 point)
Monitoring and Evaluation of inspectors (10 point)
2. Process of land reallocate for farmers (100 point)
Assessing local people’s demand (10 point)
Designing allocation plan (20 point)
Announcing land allocation plan (20 point)
Publishing the list of allocated cases (20 point)
Determine land boundaries and resolving land disputes (20 point)
Issuing land-use right certificate (10 point)
SUB-INDICATORS(Process of land allocate from AFEs to local government)
Arrangement, renewing of AFEs
1. Designing plan for rearranging AFEs
2. Preparing, evaluating, submitting evaluation documents to be approved, and organizing
implementation plan if approved
3. Approving AFE rearrangement plan
4. Reviewing land-use situation including location, management boundary and land-use
5. Designing land-use plan based on approved rearrangement plan
6. Evaluating and approving land-use plan of AFEs
7. Regarding AFEs that was officially inspected and their land was reviewed and measured,
their land-use plan should be adjusted to be suitable to local land-use plan
Allocate land to local government
1. Designing plan for transferring land that is not used by AFEs to local government
2. Approving plan for dealing with the land acquired from AFEs
3. Developing plan for dealing with the land acquired from AFEs
4. Acquiring the land back and transferring it to local government
5. Resolving disputes over land lease, encroachment
6. Handing over land acquisition documents to Provincial People Committee
7. Determining land-use boundaries for the land transferred to local government
SUB-INDICATORS(Process of land allocate from AFEs to local government)
Reallocate land to farmers and organizations
1. Designing land-use plan for land that is transferred to local government by companies
2. Determining land value for facilitating land lease and allocation process
3. Selecting appropriate local groups to be given reallocation priority
4. Informing/guiding investors, local people applying for leasing or being allocated the
acquired land from AFEs
5. Measuring and determining land boundaries for facilitating reallocation activity and
process of issuing land-use right certificate to users
6. Issuing land-use right certificate to organizations, individuals being reallocated or leasing
acquired land
7. Women participation in land acquisition and reallocation process
SUB-INDICATORS(Process of land allocate from AFEs to local government)
Sample Matrix of M&E SystemIndicators Process Sub-indicators Questions Answer Score description
Score rangeLegal framework
Min Max
I1. Participation
(Maximum score is 100)
Arrangement,
renewing of AFEs (10
point)
Designing plan for rearranging forestry companies
- Do your organization participate in designing the plan for rearranging forestry companies?- Is the plan contents well-organized? (Clearly mentioning about current situation, proposal content, stakeholder function, measures for managing land and forest, labour, capital, implementation conditions after approved)
Yes, No5 point for Yes, 0 point for No
0 5
Section 1, Article 12 Decree
118/2014/ND-CP
Article 2, Circular
02/2015/TT-BNNPTNT
Preparing, evaluating, submitting evaluation documents to be approved, and organizing implemention plan if approved
- Do your organization evaluate the plan of agriculture and forestry companies? - Are evaluation documents exact, complete and complied with regulations? - 5 kinds of document- Responsibility for founding and joining evaluation board- 20 days after receiving the complete documents, Enterprises Management Department shall submit to evaluation board
Yes, No6 point for Yes, 0 point for No
0 6Section 1,2,3,4,5, Article 7, Circular 02/2015/TT-BNNPTNT
Approving rearrangment plan of companies
- Completing documents, then submit them to Prime Minister for being considered- Is it suitable to regulate duration for completing documents within 5 days?
Yes, No5 point for Yes, 0 point for No
0 5Section 6, Article 7, Circular 02/2015/TT-BNNPTNT
Reviewing land-use current situation including location, management boundary and land-use
- Participating in reviewing land-use current situation, management boundary and land-use…
Yes, No7 point for Yes, 0 point for No
0 7
Section 1, Article 46, Decree 43/2014/ND-CPSection 1, Article 13 Decree 118/2014/ND-CPArticle 5, Circular 07/2015/TT-BTNMT
Designing land-use plan based on approved arrangement plan
- Participating in designing land-use plan based on approved arrangement plan- Participating in reviewing land-use plan, tmanagement boundary and land-use…
Yes, No4 point for Yes, 0 point for No
0 4
Section 1, Article 46, Decree 43/2014/ND-CPSection 2, Article 13 Decree 118/2014/ND-CPArticle 6, Circular 07/2015/TT-BTNMT
Women participation in land acquisition and redistribution process
- Proportion of women participation in land acquisition and redistribution process
%
2 Choices2 point for 100% - 75%1.5 point for 75%-50%1 point for 50%-25%0.5 point for 25%-0%
0 2
.........................
An example of evaluation results of 1 governance indicator
0
20
40
60
80
1001. Participation
2. Accountability
3. Transparency
4. Capacity
5. Effectiveness
6. Fairness
Maximum
Authorities
Farmers
Who will be interviewed?1. Government officers
Enterprises Management Department, MARD
Provincial People Committee
Provincial Department of Agriculture and Rural Development
Provincial Department of forest protection
State forestry companies
Provincial Department of Natural Resources and Environment
District People Committee (Division of Natural Resources and Environment, Agriculture)
District Department of forest protection
Forest Management Board
Commune People Committee
2. Farmers
Ex-worker or contracted farmers of AFEs
Local people
Poor people/Ethnic minority
3. CSOs/NGOs
Next steps
Finalize M&E system (drafting)
Piloting M&E system in 5 provinces
Workshop to present the M&E results of the 1st survey
Capacity building training for commune officers and farmers in forest land
allocation policy and good forest land governance practices
Policy recommendation
Transition plan for scaling up the M&E system
Sharing lesson learns and experiences