People are upset about land and forest allocation in Dien Phu (Dien Chau)
People of Dien Phu commune (Dien Chau) have repeatedly made comments and petitions to the authorities regarding land and forest allocation, but to date this issue has not been completely resolved.
Illegal allocation of forest land
Dien Phu is a semi-mountainous commune, located in the south of Dien Chau district, about 15km from the district center and about 300m from National Highway 1. To the south of Dien Phu commune is Than Vu mountain, separating this locality from the communes of Nghi Loc district.
In particular, there is Xuan Duong Lake, surrounded by many mountains, such as De Mountain, La Mountain, Chach Mountain, Ba Chang Mountain... which is the largest reservoir in Dien Chau district with about 11 million cubic meters, providing irrigation water for the South Dien Chau area, including Dien Phu, Dien Loc, Dien Loi, Dien Tho communes. Currently, the Nghe An Economic Zone Project Management Board is selecting a contractor to carry out the Bidding Package for surveying and establishing a 1/2,000 scale construction zoning plan for Xuan Duong Lake Golf Course and Ecotourism Area in Dien Phu commune, Dien Chau district. This promises to create a big change in this land.
Dien Phu commune has many hills and mountains, suitable for forestry development. Currently, most of the hills and mountains have been assigned to households for forest planting. And from the land and forest allocation here, many violations have arisen that have not been resolved completely.
We returned to Dien Phu when the people's grievances had been simmering for many years. Many opinions were raised at voter meetings, and even via hotlines at live meetings... but it seemed that the responses did not satisfy the people.
Mr. Nguyen Van Tien, residing in Hamlet 7, Dien Phu Commune, is the one who has had many opinions related to the allocation of forestry land to local people, but so far it has not been implemented. According to Mr. Tien, in 2013, the People's Committee of Dien Chau District issued a decision to reclaim forestry land from 24 households (mostly commune officials), in the Dong Ho forest area and Ong Toa forest, because the land was allocated in violation of regulations.
However, since then, despite being urged to do so many times, the People's Committee of Dien Phu commune has still not been able to implement the land and forest allocation. Meanwhile, every year the local government contracts an individual in the area to exploit pine resin.
In particular, although the People's Committee of Dien Phu commune was assigned to manage the above-mentioned forest area (forest owner), from 2020 to now, many fires have occurred in this area, causing damage to many pine forest areas, but until now the culprit has not been found, no one has been held responsible...
Obviously, these are well-founded concerns of local people. Above all, they were concluded by the inspection team of the Dien Chau District Party Committee's Inspection Committee after conducting an inspection of the Party organization when there were signs of violations.
Specifically, on July 2, 2012, Dien Chau District Party Committee issued Notice No. 301-TB/HU, announcing the Conclusion of the inspection of the Party organization when there were signs of violations against the collective Executive Committee of the Dien Phu Commune Party Committee (term 2000-2005), in the leadership and direction of considering and granting Forestry Land Use Right Certificates to households and individuals.
According to the 2012 inspection team's report, every year the Dien Phu Commune Party Committee has paid attention to leading and directing the management and use of land in general and the work of considering and granting Forestry Land Use Right Certificates in particular. However, during the 2000-2005 term, the Dien Phu Commune Party Committee did not hold meetings to discuss and issue resolutions to lead and direct the consideration and granting of Forestry Land Use Right Certificates to households and individuals, but only assessed that it had been done well.
Regarding Dong Ho forest, this area was previously a protective forest managed by the People's Committee of Dien Phu commune, in Sub-area 898, plot 94, lots 1, 2, 3. Implementing Decree No. 163/1999/ND-CP, on November 20, 2001, the People's Committee of Dien Phu commune requested the People's Committee of Dien Chau district to issue certificates of forest land use rights to 743 households in the commune. By December 2001, the People's Committee of Dien Chau district issued a decision on granting certificates of forest land use rights to 743 households on the list. Of which, 18 households were assigned in the Dong Ho area.
For Mr. Toa's forest area, located in Sub-area 897, plot 90b, lots 1, 2, 3, 4 with an area of 45.6 hectares. This area was also issued a decision by the People's Committee of Dien Chau district to grant a Certificate of Forestry Land Use Rights in December 2001 (along with the 743 households mentioned above). However, this area was only allocated to 6 households, and all were recorded as shared use (co-use).
It is worth mentioning that 18 households were assigned 42.6 hectares (area at the time of inspection in 2012) in Dong Ho area and 6 households were assigned 45.6 hectares in Mr. Toa forest area, most of them were officials of Dien Phu commune. After inspection, the inspection team determined that this land allocation was against regulations.
Recalled but not yet able to be returned
Immediately after the inspection team announced the conclusion and recommended the revocation of 24 illegally issued forest land use right certificates in Dong Ho forest and Ong Toa forest areas, on May 2, 2013, the People's Committee of Dien Chau district issued Decision No. 1155/QD-UBND on the revocation and cancellation of forest land use right certificates of the 24 households mentioned above.
Dien Chau District People's Committee also assigned Dien Phu Commune People's Committee to manage the area of forest and forest land that has been recovered and cancel the above-mentioned Forest Land Use Right Certificate. At the same time, develop a plan for forest and forest land allocation according to the guidance in Circular No. 38/2007/TT-BNN&PTNT dated April 25, 2007 of the Ministry of Agriculture and Rural Development on guiding the order and procedures for forest allocation, forest lease, and forest recovery for organizations, households, individuals and village communities and Joint Circular No. 07/2011/TTLT-BNN&PTNN - BTNMT dated January 29, 2011 of the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment, guiding a number of contents on forest allocation and forest lease associated with forest land allocation and lease.
It is worth mentioning that, although the People's Committee of Dien Chau district assigned the task in Decision 1155 mentioned above, it was still not implemented. On April 2, 2015, the People's Committee of Dien Chau district continued to issue an official dispatch requesting the People's Committee of Dien Phu commune to urgently implement the content of Decision 1155 and report the implementation results to the People's Committee of the district before May 30, 2015. However, up to this point, even though more than 10 years have passed, the land and forest allocation in the above areas has not been implemented.
Nominally, these areas are still under the management of Dien Phu Commune People's Committee, but for a long time, the local government has contracted this area to exploit pine resin to an individual in the area. Also here, in recent years, forest fires have continuously occurred but the culprits have not been found. Meanwhile, the damage to the pine forest area is very large.
We contacted Mr. Thai Ba The - Chairman of Dien Phu Commune People's Committee to clarify this issue. However, it was very difficult to schedule a meeting with Mr. The, he said he was busy and did not have time. At the same time, it was confirmed that the Dong Ho forest area is currently being contracted to exploit pine resin by Mr. Dinh Van Nho (from Dien Phu Commune).
According to a document responding to voters' petitions of Dien Chau Forest Protection Department that we have accessed: In 2019, Dien Chau District People's Committee organized forest allocation, associated with forestry land allocation of more than 168ha/308ha (according to Decision 5281/QD-UBND/QD-UBND dated November 29, 2018 of the Provincial People's Committee), to 47 households and individuals in Dien Doai commune. By 2020, Dien Chau District People's Committee had registered land and forest allocation with an area of 1,239 ha, including 45ha in Dong Ho forest area (data on land and forest allocation registration of Dien Phu Commune People's Committee).
However, the reason that Dien Chau Forest Protection Department cited for not being able to implement land and forest allocation in 2020 was because the unit price was too low to be implemented; and a consulting unit could not be found to organize land and forest allocation.
In addition, through the review of the consulting unit implementing land and forest allocation for the People's Committee of Dien Chau district in 2019, it was found that: The area of forest and forestry land included in the land and forest allocation plan of the communes was not accurate in terms of area, boundaries, owners... There were some overlapping areas leading to disputes because up to now, the district has carried out land and forest allocation under many projects.
In addition, previously assigned to groups of households (one household represented in the name), assigned to households for co-use (one area managed and protected by many households), now assigned to individual households, so the area is small and fragmented, not enough according to regulations (2 hectares/household).
Regarding the handover of forest land in Dong Ho area, according to the information we have, even 18 households whose Forest Land Use Rights Certificates were revoked in 2013 in this area also applied to receive forest land. Not to mention many other individuals registered. Dien Phu Commune People's Committee said that due to the large number of registrations, the Commune People's Committee could not select the subjects to allocate land and forest...