During the trip back to Ba Ha village to visit the difficult situation of the Dan Lai people, I happened to hear the story of a household in Ke Tre village who was having problems that they hoped would be resolved. According to the story, like many other localities in Con Cuong district, in Thach Ngan commune there are many wild cassia trees that grow naturally, or are planted, protected, and cared for by the people. Wild cassia trees are found in natural forests, on production forest land, agricultural land, garden land, and even on residential land.
Previously, the cassia tree was not very valuable, belonging to the common wood group. When the tree was big enough, if the trunk was straight, it could be used as a pole, otherwise, it could be cut down for firewood. In the past few years, when cassia was loved by people in the city to display as an ornamental tree, it became valuable. Therefore, in Thach Ngan commune, there were traders coming to buy cassia trees, valued from several hundred to several million VND depending on the circumference of the base and the shape of the tree. However, because cassia is a tree species originating from natural forests, people are facing many difficulties in the process of exploitation, purchase, sale and exchange. Specifically, in 2022, there was a case of a household in Ke Tre village exploiting cassia trees that they had grown on their residential land to sell to traders, but when they were taken out of Thach Ngan commune, they were detained. The reason was because they were suspected of illegally exploiting cassia trees in natural forests. Only when the authorities clarify the origin and determine that the odd number of confiscated cassava trees were grown on home gardens will they be returned.
When we went to Thach Ngan commune to ask about the case of a household in Ke Tre village that exploited the cajuput tree, Vice Chairman of the People's Committee of the commune Ngo Tri Dai said that it was the family of Mr. Nguyen Van Hiem and Ms. Vi Thi Hanh. "The incident happened in early August 2022. But after the police force coordinated with relevant agencies to organize an inspection, this issue was clarified and handled in accordance with regulations..." - Vice Chairman of the People's Committee of the commune Ngo Tri Dai said.
Ke Tre village is a residential area where 100% of the Thai people have lived for many generations, and the economy is still very difficult. The family of Mr. Hiem and Ms. Hanh has a house at the end of the village. Close to the back of the house is a hill, on which there is a row of about 40-50 small cassia trees, quite even, with beautiful bright bark, and a base diameter of about 25-35cm. Standing under the row of small cassia trees, Vice Chairman of the People's Committee of the commune Ngo Tri Dai said that once the house of this family had its roof damaged by a broken branch of a small cassia tree. Because they were worried that their house would continue to be affected, and also because they hoped to have a little more income, Mr. Hiem and Ms. Hanh wanted to exploit and sell them to traders. Around the end of July 2022, they exploited and sold 35 trees, but when they moved out of the area, they were detained by the police to verify their origin. At that time, the interdisciplinary team led by the police force went to Thach Ngan commune and Ke Tre village to work and verify. After determining the odd number of cassava trees exploited by Mr. Hiem and Ms. Hanh's family on their residential land, they were returned...
Asked about the origin of the small-sized cassia garden, Ms. Hanh said that around 1991, Mr. Nguyen Van Hiem and his parents moved to build a house in this place to reclaim land to grow corn, peanuts and make a farm. At that time, there were no small-sized cassia trees on the land. After a while, the small-sized cassia trees grew on their own, and Mr. Hiem also dug up some small-sized cassia trees in the village and brought them back to plant, care for and protect them. Up to now, the small-sized cassia trees are more than 30 years old. In recent years, because the small-sized cassia garden was at risk of collapsing, affecting property and life, Ms. Hanh and her husband intended to cut it down for wood, firewood or sell it to earn more income. In 2022, when there was a buyer, the couple agreed to sell it, but the exploited small-sized cassia trees were temporarily confiscated. Although they were later returned, the exploitation was suspended.
From the story of Ms. Vi Thi Hanh and information from Vice Chairman of the People's Committee of Thach Ngan Commune, Ngo Tri Dai, it was learned that on August 2, 2022, a representative of the Economic Police Department of the Provincial Police presided over and coordinated with the Forest Protection Department, the Department of Natural Resources and Environment of Con Cuong District, Con Cuong Forest Protection Department and the People's Committee of Thach Ngan Commune to organize a field inspection to determine the origin and type of soil at the location where the sandalwood tree was exploited in Ke Tre village, Thach Ngan commune...
The inspection record of "determining the origin and type of land" made at 9:30 a.m. the same day showed that, through comparing the planning map of 3 types of forests (approved by the Provincial People's Committee in Decision No. 48/2014/QD-UBND dated February 21, 2014), the location of the individual cassia trees that were dug up and removed from the scene, and the surrounding soil was dug up, belonged to the DTR forest land type (area planted on the soil mountain); a part was outside the planning of 3 types of forests, a part was under the planning of production forests. However, based on the cadastral records of Thach Ngan commune, the locations of digging and cutting down the individual cassia trees were on plot No. 169, map sheet 02 approved by the Department of Natural Resources and Environment on October 28, 2004, showing the purpose of use as rural residential land (ONT). Regarding the current status, the inspection record clearly stated:“On plot 169, map sheet 02, there are 5 households that have built houses including: Vi Van Ly, Nguyen Van Tuoi, Lu Van Thanh, Nguyen Van Tho. The remaining area is being fenced, cared for, and protected by Mr. Nguyen Van Hiem. Regarding the origin of the land plot, there are forestry trees that Mr. Nguyen Van Hiem's family has fenced, protected, and cared for since they were young, and he has planted more on the land area that has been used stably, without any disputes, since 1991 until now.”
Also in the minutes, recorded the presentation of Mr. Nguyen Van Hiem with the following content:“In 1991, Mr. Hiem and his parents moved to build a house and farm in the area of the cassia garden. When they built the house, there was no garden yet. After a while, small trees grew and he personally dug up some small trees to plant and take care of them. It has been 31 years now. In 2000, he moved to a new location to build a house and gave his children land to build a house. Currently, because tall trees can easily fall on the house and damage it, I have sold it to a buyer.”
At the same time, there was confirmation from the Secretary of the Ke Tre village Party Cell, Mr. Vi Van Hai:“I was born and raised in Ke Tre village. From 2009 to 2011, I worked as a Deputy Village Chief, from 2011 to 2017 as Village Chief, and from 2017 to present, as Secretary of the Village Party Cell. I determined that since 1991, Mr. Nguyen Van Hiem has lived in Ke Tre village. At first, he built a house in the area where the hills were being exploited. In 2000, he moved to the flat area 10 meters below the old location and has lived stably until now. The previous exploitation location was not a forest, Mr. Hiem grew peanuts, corn, and cassava. The cassia trees grew on their own, Mr. Hiem dug up some trees to plant more and take care of them until now. On the afternoon of August 1, 2022, Ke Tre village held a meeting to evaluate Mr. Hiem's application on the origin of the cassia trees.”
According to a responsible official in Con Cuong district, the temporary detention of 35 individual cassava trees to clarify their origin is necessary, because they may have been illegally exploited from natural forests. During the verification process, the legal documents of Ms. Vi Thi Hanh's family's land were not complete, specifically, they had not been granted a Land Use Rights Certificate, but the Thach Ngan Commune People's Committee and the Ke Tre Village Management Board confirmed the origin and type of land, so the authorities returned the individual cassava trees that had been temporarily detained. Regarding the reason for suspending the exploitation of the remaining individual cassia trees, he said: “In 2022, there are no clear regulations on the exploitation of plants with the same name as natural forest trees on forestry land allocated to people. Meanwhile, in Ke Tre village, there is an overlapping situation in land use planning. Although the individual cassia garden is determined to be the property of Ms. Vi Thi Hanh's family, this household has not been granted a Land Use Rights Certificate; according to the planning of 3 types of forests, the land with the individual cassia garden of this family is still part of the production forest land, so the local government and competent agencies recommend that the family not continue to exploit individual cassia trees…”.
On December 30, 2022, the Ministry of Agriculture and Rural Development issued Circular No. 26/TT-BNNPTNT regulating the management and traceability of forest products (effective from February 15, 2023). In Article 12 of Circular No. 26/TT-BNNPTNT, regulations on the exploitation of common forest plants from production forests are planted forests invested by organizations, individuals, households, and residential communities; scattered plants, home garden plants with names that coincide with common forest plant species from natural forests, specifically as follows:
“1. Dossier: Original copy of Forest Product Exploitation Information Form prepared by the forest product owner or organization or individual authorized by the forest product owner according to Form No. 13 in the Appendix issued with this Circular.
2. Within 05 working days from the date of completion of exploitation, the forest product owner or the organization or individual authorized by the forest product owner shall send a copy of the dossier as prescribed in Clause 1 of this Article and a copy of the Forest Product Inventory to the local Forest Protection Agency for monitoring and synthesis.
A forestry expert analyzed that previously, the law did not have specific regulations for the exploitation of common forest plants from production forests, which are planted forests invested by organizations, individuals, households, and residential communities. But now, with the provisions of Article 12 of Circular No. 26/TT-BNNPTNT, this issue has been clarified and has specific regulations. He discussed: “For a specific case like Ms. Vi Thi Hanh's household, according to the provisions of Article 12 of Circular No. 26/TT-BNNPTNT, exploitation is allowed. However, when exploiting, it is necessary to prepare a record and report to the authorities. Ms. Hanh's family, or similar households, need to understand that this regulation is to establish the origin of forest products after exploitation. Fully implementing the regulations will avoid being suspected of illegal exploitation from natural forests, and the process of buying, selling, donating, and transporting will be convenient...".
Deputy Head of the Forest Protection Department Nguyen Anh Tuan also had a similar exchange when asked. According to Mr. Tuan, with the provisions in Article 12, Circular No. 26/TT-BNNPTNT, for tree species with the same name as natural forest trees such as cassia, lim, lat... planted in home gardens, or planted scattered on production forest land allocated to households, when people exploit them, they need to prepare a dossier according to the form issued by the Ministry of Agriculture and Rural Development with Circular No. 26/TT-BNNPTNT, then send it to the local Forest Protection agency.
Talking with Deputy Head of the Forest Protection Department Nguyen Anh Tuan about the reality, that is, the local level has not yet fully understood the regulations of Circular No. 26/TT-BNNPTNT, so there is confusion in providing guidance when people need it. According to Mr. Tuan, Circular No. 26/TT-BNNPTNT has just come into effect, so both the local level and the people have not yet fully understood it. "Because this is a new regulation, it is difficult to avoid this, because the provincial level has just been trained by the Central Government for a short time. We have recognized that in the coming time, we must focus on propaganda work, so that the regulations of Circular No. 26/TT-BNNPTNT come into life..." - Mr. Tuan said.
Discussing what was heard about the regulations of Article 12, Circular No. 26/TT-BNNPTNT with relevant officials in Thach Ngan commune, asking for answers to the wishes that Ms. Vi Thi Hanh had presented. A short time later, they said that they had guided Ms. Vi Thi Hanh's family to understand and follow the procedures for preparing documents and exploiting forest products in accordance with regulations...