CURRENT SITUATION AND SOLUTIONS FOR OBSTACLES IN THE MANAGEMENT AND USE OF LAND ORIGINATED FROM AGRICULTURAL AND FORESTRY FARMS IN ĐẮK LẮK PROVINCE

CURRENT SITUATION AND SOLUTIONS FOR OBSTACLES IN THE MANAGEMENT AND USE OF LAND ORIGINATED FROM AGRICULTURAL AND FORESTRY FARMS IN ĐẮK LẮK PROVINCE

CURRENT SITUATION AND SOLUTIONS FOR OBSTACLES IN THE MANAGEMENT AND USE OF LAND ORIGINATED FROM AGRICULTURAL AND FORESTRY FARMS IN ĐẮK LẮK PROVINCE

CURRENT SITUATION AND SOLUTIONS FOR OBSTACLES IN THE MANAGEMENT AND USE OF LAND ORIGINATED FROM AGRICULTURAL AND FORESTRY FARMS IN ĐẮK LẮK PROVINCE

Đặng Thị Thúy Kiều

Nguyễn Thị Diệu

Tây Nguyên University

Quyền Thị Lan Phương

Vietnam Academy of Agriculture

Abstract:

The purpose of this study is to assess the current state of management and use of land originated from agricultural and forestry farm in Đắk Lắk Province. To accomplish this, the study used secondary data collection methods to gather documents and data related to the research content; primary data collection methods through interviews with prepared questionnaires, and data processing methods.

The research results show that agricultural and forestry farms have been reorganized and innovated to improve operational efficiency. After the reorganization and innovation, the province currently has 22 forestry organizations and 24 agricultural companies.

Currently, 13 forestry companies manage and use 162,580 hectares; agricultural one-member limited liability companies and joint-stock companies manage 37,583 hectares; 70 agricultural and forestry projects manage 44,601 hectares; and commune-level People’s Committees manage 196,428 hectares.

The study proposed several solutions to improve the management and use of land with agricultural and forestry farm origins, including developing mechanisms on rights, responsibilities, and obligations of agricultural and forestry companies; resolving existing disputes and complaints; and providing financial support for forestry companies.

Keywords: management, land use, agricultural farm, forestry farm.

I. INTRODUCTION

Agricultural and forestry farms appeared in Vietnam in 1959. These farms were allocated large areas of agricultural and forestry land by the State for agricultural production and business purposes (Government, 2020).

Over the years, many state-owned agricultural and forestry farms have gradually undergone reforms and reorganization, with excess and inefficiently used land being reclaimed and handed over to local authorities for management and use (Trần Xuân Miễn, Xuân Thị Thu Thảo, Bùi Văn Phong, 2016).

Đắk Lắk Province is centrally located in the Tây Nguyên region and is one of the development hubs in the Vietnam-Laos-Cambodia development triangle. The province has a total natural land area of 1,307,041 hectares (ranked 4th in the country) and a population of approximately 1.9 million people, with basalt soil accounting for over 40% of the natural land area (Đắk Lắk Province Department of Natural Resources and Environment, 2022).

Đắk Lắk Province has a large number of agricultural and forestry farms. Throughout various stages of economic, social, and national defense development in the province, these farms have made practical and significant contributions to local socio-economic development and national defense stability.

They have contributed to job creation, the transfer and application of scientific and technical advancements, income generation, and the improvement of living standards for local residents. They have also actively contributed to infrastructure construction and rural residential area development, helping to transform the rural landscape.

Regarding the land areas returned to local authorities by agricultural and forestry companies after reassessment, Đắk Lắk Province has been organizing and allocating this land for various purposes, including housing, production land for residents, and serving local socio-economic development tasks.

However, the management and use of land originated from agricultural and forestry farms in the province have not been truly effective; complaints, lawsuits, and disputes have persisted and have not been thoroughly resolved (Đắk Lắk Province Department of Natural Resources and Environment, 2022). Therefore, researching the management and use of land originated from agricultural and forestry farms in Đắk Lắk Province to find solutions is a pressing issue.

II. RESEARCH METHODS

Secondary data collection methods: Collecting data and documents on natural conditions, socio-economic conditions; the situation of management and use of land originated from agricultural and forestry farms of the province at the Đắk Lắk Province Department of Natural Resources and Environment, forestry companies, forest management boards, national parks, nature reserves, and agricultural companies in the province.

Primary data collection methods: Through collected secondary documents, conducting field surveys, and direct interviews with leaders of 46 forestry companies, forest management boards, national parks, and agricultural companies operating in Đắk Lắk Province using prepared questionnaires on the management and use of land and solutions to overcome existing problems and obstacles in land management and use.

Data processing methods: The collected data, such as the area of land being used by agricultural and forestry farms, forest management boards, national parks; agricultural and forestry projects; the area of land handed over to local authorities for management, were processed and synthesized using Excel software.

III. RESEARCH RESULTS AND DISCUSSION

  1. Overview of the reorganization and innovation of agricultural and forestry farms in Đắk Lắk Province

1.1. For forestry farms, forest management boards, and national parks

After the provincial separation in 2004, Đắk Lắk Province retained 27 forestry farms, forest management boards, and national parks with a total area of 678,745 hectares.

When implementing Resolution No. 28-NQ/TW dated June 16, 2003, of the Politburo, and Decree No. 200/2004/ND-CP dated December 3, 2004, of the Government on the reorganization, innovation, and development of state-owned forestry farms, the 27 forestry farms, forest management boards, and national parks in the province were reorganized into 24 units (including 15 forestry companies, 9 forest management boards, and national parks) with 3 units dissolved.

Subsequently, implementing Resolution No. 30-NQ/TW dated March 12, 2014, of the Politburo, and Decree No. 118/2014/ND-CP dated December 27, 2014, of the Government on the reorganization, innovation, and development, and improvement of the operational efficiency of agricultural and forestry companies, the province reorganized 15 forestry companies into 13 companies.

Thus, through various reorganization and innovation phases, there are currently 22 forestry organizations in the province, including 13 one-member limited liability forestry companies, 2 national parks, and 7 forest management boards and nature reserves.

1.2. For agricultural farms

Previously, Đắk Lắk Province had 28 agricultural farms. Through several phases of reorganization and innovation, the province currently has 24 agricultural companies (with 4 agricultural farms dissolved), including 6 agricultural companies managed by the province (comprising 5 coffee companies and 1 rubber company) and 18 agricultural companies managed by the central government (comprising 16 one-member limited liability coffee companies under the Vietnam Coffee Corporation and 2 rubber companies under the Vietnam Rubber Group).

  1. Current situation of the management and use of land originated from agricultural and forestry farms

2.1. Land area at agricultural and forestry farms, forest management boards, and national parks

2.1.1. Land area at agricultural and forestry farms subject to reorganization according to Resolution No. 30-NQ/TW, Decree No. 118/2014/ND-CP

Implementing Resolution No. 30-NQ/TW of the Politburo, Decree No. 118/2014/ND-CP dated December 17, 2014, of the Government, the local authorities have actively carried out land review, preparation, and approval of land use plans at 44 agricultural and forestry companies (including 37 companies subject to reorganization and innovation; 7 companies subject to dissolution).

For the 37 units that continued to be maintained, consolidated, and developed after reorganization and innovation, the work of land measurement, cadastral mapping, boundary marking, and preparation and approval of land use plans has been basically completed. The remaining 2 forestry companies are finalizing their land use plans for approval according to regulations.

After inspection and review of the management and use of land at agricultural and forestry farms from 2004 to the present, the situation is as follows:

– Regarding 13 forestry companies: 

During the process of reorganization and innovation according to Resolution 28/2004/NQ-BCT of the Politburo, the land area retained by the forestry companies was 196,675 hectares; the land area handed over to local authorities for management was 105,788 hectares.

Implementing the reorganization, innovation, development, and improvement of the operational efficiency of forestry companies according to Resolution No. 30-NQ/TW dated March 12, 2014, of the Politburo, and Decree No. 118/2014/ND-CP dated December 17, 2014, of the Government, the companies continued to review land according to regulations.

Accordingly, the land area retained by the forestry companies is 162,580 hectares; the land area handed over to local authorities for management is 34,095 hectares. Therefore, the total land area that the companies have reviewed and continue to retain for production, business, and forest protection management is 162,580 hectares; the total land area that the companies have reviewed and handed over to local authorities for management from 2004 to the present is 139,883 hectares.

– Regarding agricultural one-member limited liability companies and joint-stock companies: 

During the process of reorganization and innovation according to Resolution 28/2004/NQ-BCT of the Politburo, the land area retained by the agricultural companies was 43,629 hectares; the land area handed over to local authorities for management was 18,453 hectares.

Implementing the reorganization, innovation, development, and improvement of the operational efficiency of forestry companies according to Resolution No. 30-NQ/TW dated March 12, 2014, of the Politburo, and Decree No. 118/2014/ND-CP dated December 17, 2014, of the Government, the companies continued to review land according to regulations.

Accordingly, the land area retained by the agricultural companies is 37,583 hectares; the land area handed over to local authorities for management is 10,546 hectares. Therefore, the total land area that the companies have reviewed and continue to retain for production and business is 37,583 hectares; the total land area that the companies have reviewed and handed over to local authorities for management from 2004 to the present is 28,999 hectares.

2.1.2. For the 9 forest management boards and national parks

Implementing Decree No. 200/2004/ND-CP dated December 3, 2004, of the Government, the forest management boards and national parks reviewed land according to regulations.

Accordingly, the total land area managed and used by these units is 306,700 hectares; the land area retained for forest management, protection, and development is 284,736 hectares; and the land area handed over to local authorities for management is 21,964 hectares.

The 284,736 hectares of retained land have been allocated, leased, and issued Land Use Rights Certificates by the provincial People’s Committee according to regulations (the 9 forest management boards and national parks are not subject to reorganization according to Resolution No. 30-NQ/TW of the Politburo and Decree No. 118/2014/ND-CP dated December 17, 2014, of the Government).

Implementing Resolution No. 112/2015/QH13 dated November 27, 2015, of the National Assembly, and Decision No. 32/QD-TTg dated January 7, 2020, of the Prime Minister, the local authorities are carrying out land measurement and cadastral mapping for the 284,736 hectares of land currently managed and used by the forest management boards and national parks as a basis for the units to review land, develop land use plans, and complete the land database in the province.

2.2. Land area at economic organizations implementing agricultural and forestry projects on land originated from agricultural and forestry farms

Since 2004, the provincial People’s Committee has issued decisions to lease 50,183 hectares of land for implementing 79 investment projects in agriculture, forestry, and forest protection management; and issued Land Use Rights Certificates to organizations according to regulations. Some projects have effectively utilized the land. However, some projects, specifically afforestation and rubber tree planting projects on khộp forest land (such as in Ea Súp District and Ea H’leo District), have not been very effective.

Recently, the province has directed departments and agencies to strengthen inspection and supervision of land use and the implementation of the aforementioned agricultural and forestry projects.

Based on inspection results, the provincial People’s Committee has reclaimed 5,582 hectares of land from 9 agricultural and forestry projects due to violations of land laws and handed it over to local authorities for management according to land use planning, plans, and regulations.

Currently, there are still 70 agricultural and forestry projects in the province managing and using 44,601 hectares of land for agricultural and forestry investment projects.

2.3. Land area managed by commune-level People’s Committees originating from agricultural and forestry farms

Upon review, the land area managed by commune-level People’s Committees originating from agricultural and forestry farms handed over to local authorities for management from 2004 to the present is 196,428 hectares.

Specifically: the land area handed over by agricultural farms and companies to local authorities for management is 28,999 hectares; the land area handed over by forestry farms and forestry companies to local authorities for management is 139,883 hectares; the land area handed over by forest management boards and national parks to local authorities for management is 21,964 hectares; the reclaimed land area from projects is 5,582 hectares.

2.4. Situation of complaints, lawsuits, and land disputes originating from agricultural and forestry farms

2.4.1. For land areas managed by one-member limited liability forestry companies, forestry management boards, national parks, commune-level People’s Committees, and economic organizations

Currently, the land area originating from forestry farms that has been encroached upon and illegally occupied by residents is 127,700 hectares. Specifically: 20,670 hectares at one-member limited liability forestry companies; 6,330 hectares at forestry management boards and national parks; 94,500 hectares managed by commune-level People’s Committees; and 6,200 hectares under forest protection and agroforestry projects.

The main content of disputes and lawsuits is due to residents deforesting and encroaching on forestry land for production and illegal trading, then claiming rights, leading to conflicts and lawsuits between residents and agricultural and forestry companies and projects.

Additionally, there are disputes and lawsuits concerning contract farming agreements between forestry companies and contractors, with the ultimate goal of demanding that the land be handed over to local authorities for allocation to residents for self-production or, in cases where the land is returned, requiring fair compensation and support.

2.4.2. For land areas at agricultural companies (one-member limited liability companies, limited liability companies with two or more members, and joint-stock companies)

There are currently 15 land disputes and lawsuits occurring at agricultural companies (one-member limited liability companies, limited liability companies with two or more members, and joint-stock companies), some of which have not been thoroughly resolved.

The content of disputes and lawsuits mainly arises after reorganization and innovation, with residents and contractors primarily disputing contract farming agreements, labor policies, requesting the dissolution of enterprises, returning the land to local authorities for allocation to households for self-cultivation, or reclaiming the land previously allocated to the agricultural farms.

  1. Some solutions for the management and use of land originated from agricultural and forestry farms

(1) Organize a preliminary review and evaluation of the implementation results of Resolution No. 30-NQ/TW of the Politburo and Decree No. 118/2014/ND-CP; assess the operational efficiency of agricultural and forestry companies after reorganization and innovation, and the status of land disputes and rights between residents and agricultural and forestry companies as a basis for developing mechanisms on the rights, responsibilities, and obligations of agricultural and forestry companies, and have policies to reasonably resolve these issues.

This aims to ensure the rights of all relevant parties, addressing the current situation of disputes and lawsuits at agricultural and forestry farms; review, amend, supplement, and issue new documents on mechanisms and policies for agricultural and forestry companies, especially the mechanism on land contract allocation at agricultural farms after reorganization and innovation.

(2) The State should allocate 100% of the funding from the Central Government’s budget to Đắk Lắk Province to implement the “Project on Strengthening Land Management of Land Originated from State-Owned Agricultural and Forestry Farms Currently Managed by Agricultural Companies, Forestry Companies Not Subject to Reorganization According to Decree No. 118/2014/ND-CP, Forest Management Boards and Other Public Organizations, Households, and Individuals” approved by the Prime Minister in Decision No. 32/QD-TTg dated January 7, 2020. The local authorities have approved the technical design and cost estimates for implementation with a total cost of 189.32 billion VND (with funding sourced from 10% of provincial land use revenue and Central Government budget support).

(3) Review and amend the regulations in Clause 4, Article 46 of Decree No. 43/2014/ND-CP; amend Clause 2, Article 15 of Decree No. 118/2014/ND-CP towards the direction that, for the land fund handed over to local authorities, when formulating land use plans, specific purposes of land use should not be specified. Instead, assign the District People’s Committee where the land is located, based on the approved local land use planning and plans by competent authorities and the actual local situation, to develop land use plans that closely align with the local reality, ensuring a harmonious resolution of the needs for residential land and production land for residents, especially ethnic minorities lacking land.

(4) The Government should consider and allow the People’s Committee of Đắk Lắk Province, based on the actual situation, approved local land use planning and plans, and current land law regulations (Point c, Clause 3, Article 22 of Decree No. 43/2014/ND-CP), to review and issue Land Use Rights Certificates for cases where households and individuals occupied land before July 1, 2014, with the origin being land encroached upon from forestry farms, currently used for agricultural production or housing, and not included in the planning for special-use forest protection, protective forests, production forests, public infrastructure construction, nor retained for business production by forestry companies after reorganization and innovation.

(5) Consider allowing the allocation and leasing of land originated from state-owned agricultural and forestry farms as follows: allocate agricultural land that is not special-use forest, protective forest, or natural forest in state-owned agricultural and forestry enterprises that have been stably contracted to farmers according to the local average quota. Any area exceeding the quota should be leased to ensure the stability of the contractors’ livelihoods, maintain social order, and effectively manage and use land originated from state-owned agricultural and forestry farms.

(6) There should be specific guidelines on the method for determining the average land area of households using land in the locality as stipulated in Point c, Clause 2, Article 15 of Decree No. 118/2014/ND-CP, and the outline for developing land use plans for the land areas handed over to local authorities by agricultural and forestry farms. Regarding the land fund for developing land use plans, it is proposed to define the land fund handed over to local authorities by agricultural and forestry farms according to Decree No. 170/2004/ND-CP, Decree No. 200/2004/ND-CP, and Decree No. 118/2014/ND-CP that are currently managed by local authorities; excluding the land area already put into use by the local authorities.

(7) Authorities should lead and direct the Vietnam Coffee Corporation to require its affiliated units located in the province to take direct responsibility for proactively resolving arising issues on the land under their management and to timely coordinate with local authorities to address existing disputes and lawsuits.

(8) Focus on directing and accelerating the progress of trials, promptly and definitively resolving disputes and lawsuits related to contract farming agreements; avoid prolonging cases, which could negatively impact other cases. After the judgment of the People’s Court, the Enforcement Agency should take specific measures to ensure the execution of judgments in cases handled by the Court; enforce judgments immediately after they take legal effect.

(9) Relevant ministries and sectors should consider providing financial support to local forestry companies (especially those maintaining, developing, and restructuring) to determine the status, reserves, and information of forests as a basis for completing the records for forest allocation, leasing, and reclamation according to the 2017 Law on Forestry.

IV. CONCLUSION

Đắk Lắk Province has reorganized and innovated its agricultural and forestry farms to improve operational efficiency. After the reorganization and innovation, the province currently has 22 forestry organizations and 24 agricultural companies, a reduction of 5 forestry organizations and 4 agricultural farms compared to before.

Currently, 13 forestry companies manage and use 162,580 hectares; one-member limited liability agricultural companies and joint-stock companies manage 37,583 hectares; 70 agricultural and forestry projects manage 44,601 hectares; and commune-level People’s Committees manage 196,428 hectares.

The reorganization and innovation of agricultural and forestry farms have made practical and significant contributions to local socio-economic development and national defense stability. However, there are still some existing problems and obstacles in the management and use of land originated from agricultural and forestry farms in the province.

Solutions for the reasonable and effective management and use of land originated from agricultural and forestry farms in the province, ensuring legal compliance, and contributing to maintaining social order and safety include: developing mechanisms on the rights, responsibilities, and obligations of agricultural and forestry companies; resolving existing disputes and lawsuits; and providing financial support for forestry companies.

References

  1. Report on the management and use of agricultural and forestry land; area of encroached agricultural and forestry land (including land allocated to companies and land handed over to local authorities for management) by Đắk Lắk Province Department of Natural Resources and Environment in 2022.
  2. Report No. 379/BC-CP dated August 15, 2020, of the Government on the implementation of the National Assembly’s Resolutions on thematic supervision and questioning during the XIV term and some Resolutions during the XIII term in the field of natural resources and environment.
  3. The 2013 Law on Land No. 45/2013/QH13 dated November 29, 2013, of the National Assembly of the Socialist Republic of Vietnam.
  4. The 2017 Law on Forestry No. 16/2017/QH14 dated November 15, 2017, of the National Assembly of the Socialist Republic of Vietnam.
  5. The 2004 Decree on the reorganization, innovation, and development of state-owned forestry farms No. 200/2004/ND-CP dated December 3, 2004, of the Government.
  6. The 2014 Decree on the reorganization, innovation, and development, and improvement of the operational efficiency of agricultural and forestry companies No. 118/2014/ND-CP dated December 17, 2014, of the Government.
  7. The 2015 Resolution No. 112/2015/QH13 dated November 27, 2015, of the National Assembly of the Socialist Republic of Vietnam on strengthening the management of land originating from state-owned agricultural and forestry farms used by agricultural companies, forestry companies, forest management boards, and other organizations, households, and individuals.
  8. Trần Xuân Miễn, Xuân Thị Thu Thảo, Bùi Văn Phong (2016), Current situation and solutions to strengthen the management and use of agricultural and forestry land in Hòa Bình Province, Journal of Forestry Science and Technology, No. 6 -2016, pp. 209-216.
  9. Decision No. 32/QD-TTg dated January 7, 2020, of the Government on approving the Project to strengthen the management of land originated from state-owned agricultural and forestry farms currently managed by agricultural companies, forestry companies not subject to reorganization according to Decree No. 118/2014/ND-CP, forest management boards, and other public organizations, households, and individuals.

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