Debate on how to handle loopholes in the management of protective forests in Northern Nghe An

Massive illegal logging in protective forests

Recently, Nghe An Newspaper had a series of articles "Loopholes in protective forest management”. The content of the series of articles reflects many shortcomings that have been occurring at the Northern Nghe An Forest Protection Management Board. Among them, for many years now, people in Hoang Mai town and Quynh Luu district have openly cut down and exploited the protective forest to grow agricultural crops, build large-scale farms, and build solid houses right in the middle of the forest... in the face of the powerlessness of the authorities.

Specifically, although it is a watershed protection forest, with a very important role, hundreds of hectares of forest here have been arbitrarily exploited by people to convert to growing agricultural crops, mainly pineapple. This has seriously affected the watershed ecosystem.

Protective forest but pineapples are grown. Photo: Tien Hung

In particular, since the beginning of 2022, many households have arbitrarily exploited protective forests, which are forests planted with their own capital on protective forest land. This situation is concentrated in Quynh Tan, Quynh Thang and Tan Thang communes in the Vuc Mau reservoir basin. The peak was that within just 18 days, from March 20, 2022 to April 8, 2022, the Bac Nghe An Protective Forest Management Board discovered up to 14 cases. There were days when up to 3 cases of exploitation of protective forests were discovered.

The Northern Nghe An Forest Protection Management Board said that the unit had inspected, prevented, made initial inspection records, protected the scene, preserved the evidence of violations, and reported to the competent authority for handling according to the provisions of law. There were cases where the Northern Nghe An Forest Protection Management Board, after making records, sent up to 20 documents to the Forest Protection Force and the People's Committee of Quynh Luu district requesting penalties. However, the forest protection side said that there are currently no sanctions to punish. Talking to reporters of Nghe An Newspaper, Mr. Le Ngoc Huu - Head of the Quynh Luu - Hoang Mai Forest Protection Department and Mr. Nguyen Anh Tuan - Deputy Head of the Nghe An Forest Protection Sub-Department, both affirmed that according to current regulations, it is impossible to punish the act of people arbitrarily exploiting forest products in protective forests. The reason is that before the protective forest was planned, people were allocated land to plant forests. Currently, this is a forest planted by people with their own capital...

“At first, I thought that we could impose a fine, so I wrote many documents requesting the forest rangers to impose a fine. But after working with the forest rangers and studying the regulations, it is true that there are no sanctions,” said Mr. Tran Van Son - Head of the Northern Nghe An Forest Protection Management Board.

A protected forest was completely exploited. Photo: Tien Hung

Can it be punished?

However, after Nghe An Newspaper published a series of articles, reporters received many opinions disagreeing with the viewpoints of the Forest Rangers as well as the leaders of the Northern Nghe An Forest Protection Management Board. “This situation can be punished, so why say it cannot be. Saying so is completely wrong,” said an officer of the Department of Agriculture and Rural Development who asked to remain anonymous.

According to this person, since the beginning of 2019, after the Forest Protection Department issued a document asking for opinions, the Forest Protection Department also responded in writing. Specifically, according to the Forest Protection Department, households that arbitrarily exploit without following the prescribed procedures and processes have violated... "We request that the Nghe An Forest Protection Department specifically consider the details and nature of the case to determine the violation and decide on handling (it is possible to consider and compare with the provisions at Point b, Clause 1, Article 24, Decree 157 of the Government, determining that this is an act of exploiting planted forest timber of legal origin but not complying with the provisions of current law on forest product records and management procedures and processes)...", the Forest Protection Department's response stated.

According to the officer with many years of experience working in the forestry sector, even though the forest is planted by the people themselves, if they want to exploit it, they must have a plan for timber exploitation according to the regulations of the Ministry of Agriculture and Rural Development, stipulated in Article 12, Circular 27 of the Ministry issued in 2018. Regarding the exploitation method, people are only allowed to exploit and thin the main crops but must also ensure the remaining density of at least 600 trees/hectare and evenly distributed in the plot. Selective exploitation of main crops must not exceed 20% of the reserve. Clear-cutting in strips must not exceed 30m in width; clear-cutting in patches must not exceed 3 hectares in area, the total annual exploitation area must not exceed 20% of the total forest area that has met protection standards. In addition, people must also comply with the regulations on new planting and replanting of protective forests.

Protective forest in Quynh Tan commune. Photo: Tien Hung

Meanwhile, at the Northern Nghe An Forest Protection Management Board, people have been exploiting without any plan approved by the authorities. They have even arbitrarily exploited forests and planted agricultural crops. “According to regulations, if forest owners use forests for the wrong purposes, intentionally do not fulfill their obligations to the State or seriously violate the provisions of the law on forestry... then the forest will be reclaimed according to Article 22 of the Forestry Law 2017. Or other forest land will be reclaimed according to the provisions of the Land Law 2013. The regulations are so clear, but saying there are no sanctions is wrong,” this official added.

Regarding this situation, the Nghe An Department of Agriculture and Rural Development recently sent a document to consult the Nghe An Department of Justice. In the response document, the Nghe An Department of Justice stated that "there may have been some violations in the records and procedures for exploiting forest products in protective forests, which are planted forests of individuals, organizations assigned to the forest and agencies assigned to manage the forest".

Specifically, according to the Department of Justice, the violation is not making an exploitation plan; not sending the exploitation plan to the competent authority approving the forest planting capital and the local forestry agency for synthesis and inspection during the exploitation process; after exploitation, the forest owner does not make a list of forest products. In case there is a basis to determine that individuals and organizations have committed violations and do not fully comply with the records and procedures for exploiting forest products, the Department of Agriculture and Rural Development may consider handling according to the provisions of Clause 1, Article 11, Decree No. 35 of the Government issued in 2019.

People illegally exploit protected forests. Photo: Tien Hung

Can forest land be reclaimed without compensation?

Sharing the same opinion with the officer of the Department of Agriculture and Rural Development, the leader of a protective forest management board in the province said that the previous allocation of forestry land under Decree 02, then switched to Decree 163, did not collect land use fees. "Therefore, when reclaiming, there will be no compensation like residential land. Because when allocating the right to use residential land, the State collects money," he said.

According to this person, currently households violating the exploitation of planted forests as well as natural forests can be handled because they violate the forestry law and the regulations on forest management. "In my opinion, land is national property, people who are allocated land have rights and also have obligations according to regulations. Therefore, people are required to fully comply with the provisions of the law. Otherwise, after harvesting the assets on the land, the State will take them back," he added.

According to the investigation of Nghe An Newspaper reporter, on August 15, the Department of Agriculture and Rural Development of the province summoned leaders of relevant units to a meeting to resolve the shortcomings related to the Management Board of Northern Nghe An Protective Forest. The meeting lasted until late evening, continuing to spark debate among many relevant parties about the direction of handling. At the end of the meeting, there was still no consensus on how to handle the loopholes in the management of protective forests.