During a trip to Ba Ha village to visit the impoverished Dan Lai people, I happened to hear about a household in Ke Tre village facing difficulties they wanted resolved. According to the story, like many other localities in Con Cuong district, Thach Ngan commune has many wild-growing Săng Lẻ trees, or trees planted, protected, and cared for by the people. These trees can be found in natural forests, on production forest land, agricultural land, garden land, and even on residential land.
Previously, the Săng Lẻ tree was not very valuable, belonging to the common timber group. When the tree was large enough, if the trunk was straight, it could be used as a post; otherwise, it could be cut down for firewood. In recent years, as Săng Lẻ trees have become popular among city dwellers for display as ornamental trees, they have become valuable. Therefore, in Thạch Ngàn commune, traders have come to buy Săng Lẻ trees, with prices ranging from a few hundred thousand to several million dong depending on the circumference of the trunk and the shape of the tree. However, because Săng Lẻ is a species of timber originating from natural forests, the people are facing many difficulties in the process of harvesting, buying, and trading. Specifically, in 2022, a household in Kẻ Tre village harvested Săng Lẻ trees they had planted on their land to sell to traders, but when they tried to take them out of Thạch Ngàn commune, they were temporarily detained. The reason was suspicion of illegal harvesting of Săng Lẻ trees from a natural forest. Only after the authorities clarify the origin and determine that the confiscated sandalwood trees were planted on the owner's garden land will they be returned.
Upon inquiring about the case of a household in Ke Tre village that had illegally harvested the Săng Lẻ tree, Deputy Chairman of the People's Committee of Thach Ngan commune, Ngo Tri Dai, stated that it was the family of Mr. Nguyen Van Hiem and Ms. Vi Thi Hanh. “The incident occurred in early August 2022. However, after the police, in coordination with relevant agencies, conducted an inspection, the matter was clarified and handled according to regulations…” – Deputy Chairman Ngo Tri Dai said.
Ke Tre village is a community where 100% of the population are ethnic Thai people who have lived there for generations, and their economy is still very difficult. The Hiem and Hanh family's house is located at the end of the village. Adjacent to their house is a hill with a row of about 40-50 fairly evenly sized, bright-barked trees, with trunk diameters ranging from 25-35cm. Standing beneath the row of trees, the Vice Chairman of the People's Committee of Thach Ngan commune, Ngo Tri Dai, said that the family's house had once been damaged by falling branches. Worried about further damage to their house, and also hoping to earn some extra income, Hiem and Hanh expressed their desire to harvest and sell the trees to traders. Around the end of July 2022, they harvested and sold 35 trees, but when they were transporting them out of the area, the police temporarily seized them to verify their origin. At that time, an inter-agency team led by the police went to Thach Ngan commune and Ke Tre village to investigate. After determining the number of sandalwood trees that Mr. Hiem and Ms. Hanh's family had harvested on their land, they were returned to them…
When asked about the origin of the sandalwood orchard, Ms. Hanh said that around 1991, Mr. Nguyen Van Hiem and his parents came to build a house in this area to clear land for planting corn, peanuts, and farming. At that time, there were no sandalwood trees on the land. After some time, sandalwood trees sprouted naturally, and Mr. Hiem also brought back some small sandalwood trees from the village to plant, care for, and protect. To date, the sandalwood trees are over 30 years old. In recent years, because the sandalwood trees are at risk of falling, affecting property and lives, Ms. Hanh and her husband intended to cut them down for wood, firewood, or sell them to earn extra income. In 2022, when a buyer came along, the couple agreed to sell, but the harvested sandalwood trees were temporarily seized. Although they were later returned, harvesting was suspended.
Based on the story of Ms. Vi Thi Hanh and information from the Vice Chairman of the Thach Ngan Commune People's Committee, Ngo Tri Dai, it was learned that on August 2, 2022, representatives from the Economic Police Department of the Provincial Police, in coordination with the Forest Protection Department, the Department of Natural Resources and Environment of Con Cuong District, the Con Cuong Forest Protection Unit, and the Thach Ngan Commune People's Committee, conducted an on-site inspection to determine the origin and type of soil at the location where the Săng Lẻ trees were illegally harvested in Ke Tre village, Thach Ngan commune…
The inspection report on "determining the origin and type of land," compiled at 9:30 AM on the same day, shows that, upon comparison with the map of the three types of forest planning (approved by the Provincial People's Committee in Decision No. 48/2014/QD-UBND dated February 21, 2014), the location where the Săng Lẻ trees were dug up and removed from the site, and the surrounding soil was excavated, belongs to the DTR forest land type (area already planted on hillside land); part is outside the three types of forest planning, and part belongs to the production forest planning. However, based on the land cadastral records of Thạch Ngàn commune, the locations where the Săng Lẻ trees were dug up and cut down are on plot number 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 report clearly states:“On plot 169, map sheet 02, there are 5 households that have built houses: Vi Van Ly, Nguyen Van Tuoi, Lu Van Thanh, and Nguyen Van Tho. The remaining portion is being cultivated, cared for, and protected by Mr. Nguyen Van Hiem. Regarding the origin of the land, the forest trees on the plot were cultivated, protected, and cared for by Mr. Nguyen Van Hiem's family since they were young, and he has planted additional trees on the area of land he has been using stably and without dispute from 1991 to the present.”
The minutes also record Mr. Nguyen Van Hiem's statement, which reads as follows:“In 1991, Mr. Hiem and his parents built a house and cultivated land in the area of the sandalwood orchard. When they built the house, there were no trees yet. After some time, small trees grew, and he himself dug up some small saplings to plant and care for, and they have been there for 31 years now. In 2000, they moved to a new location to build a house and gave the land to their children to build on. Currently, because the tall trees are prone to falling onto the house and causing damage, I am selling it to a buyer.”
At the same time, there was a confirmation from the Party Secretary of Ke Tre village, Mr. Vi Van Hai:“I was born and raised in Ke Tre village. From 2009 to 2011, I served as Deputy Village Head, from 2011 to 2017, and from 2017 to the present, I have been the Party Secretary of the village. I confirm that Mr. Nguyen Van Hiem has lived in Ke Tre village since 1991. Initially, he built his house in the area with the trees being exploited, but in 2000 he moved to the flat area below, 10 meters away from his original location, and has lived there stably until now. The area where the trees were previously exploited was not forest; Mr. Hiem cultivated peanuts, corn, and cassava. The wild-growing trees were dug up by Mr. Hiem, who planted some and cared for them until now. On the afternoon of August 1, 2022, Ke Tre village held a meeting to evaluate Mr. Hiem's application regarding the origin of the wild-growing trees.”
According to a responsible official in Con Cuong district, the temporary seizure of 35 sandalwood trees to clarify their origin was necessary, as they may have been illegally harvested from natural forests. During the verification process, the land legal documents of Ms. Vi Thi Hanh's family were incomplete; specifically, they had not been granted a land use certificate. However, the Thach Ngan commune government and the Ke Tre village management board confirmed the origin and type of land, so the authorities returned the seized sandalwood trees. Regarding the reason for suspending the harvesting of the remaining Săng Lẻ trees, he explained: “In 2022, there were no clear regulations regarding the harvesting of cultivated trees with names identical to natural forest timber trees on forest land already allocated to the people. Meanwhile, in Kẻ Tre village, there was overlapping land planning. Although the Săng Lẻ orchard was identified as the property of Ms. Vi Thị Hạnh's family, this household had not been granted a Certificate of Land Use Rights; according to the three-category forest planning, the land containing this family's Săng Lẻ orchard still belongs to production forest land, so the local government and relevant agencies advised the family not to continue harvesting the Săng Lẻ 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). Article 12 of Circular No. 26/TT-BNNPTNT stipulates the exploitation of common forest plants from production forests that are planted forests invested in by organizations, individuals, households, and communities; scattered trees, and garden trees whose names are identical to common forest plant species from natural forests, specifically as follows:
“1. Documents: Original copy of the Forest Product Exploitation Information Form prepared by the forest product owner or an 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 logging, the owner of the forest products or the organization or individual authorized by the owner of the forest products shall send a copy of the documents 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 compilation.”
A forestry expert analyzed that previously, the law did not have specific regulations for harvesting common forest vegetation from production forests, which are planted forests invested in by organizations, individuals, households, and communities. However, with the regulations in Article 12 of Circular No. 26/TT-BNNPTNT, this issue has been clarified and specific regulations have been established. He explained: “In the specific case of Ms. Vi Thi Hanh's household, according to Article 12 of Circular No. 26/TT-BNNPTNT, harvesting is permitted. However, when carrying out the harvesting, documentation and reports must be submitted to the relevant authorities. Ms. Hanh's family, or similar households, need to understand that this regulation aims to establish the origin of harvested forest products. Full compliance with the regulations will avoid suspicion of illegal harvesting from natural forests, and will facilitate buying, selling, gifting, and transportation…”
Deputy Head of the Forest Protection Department Nguyen Anh Tuan also gave a similar response when asked. According to Mr. Tuan, under Article 12 of Circular No. 26/TT-BNNPTNT, for tree species with names identical to natural forest timber trees such as Săng lẻ, Lim, Lát… planted in home gardens or scattered on production forest land allocated to households, when people harvest them, they need to prepare a dossier according to the form issued by the Ministry of Agriculture and Rural Development along with Circular No. 26/TT-BNNPTNT, and then send it to the local Forest Protection agency.
In a discussion with Deputy Head of the Forest Protection Department Nguyen Anh Tuan, a reality emerged: local authorities are not yet fully aware of the regulations in Circular No. 26/TT-BNNPTNT, leading to confusion in providing guidance to residents. According to Mr. Tuan, Circular No. 26/TT-BNNPTNT has only recently come into effect, so both local authorities and the people are not yet fully familiar with it. “Because this is a new regulation, this is unavoidable, as even provincial-level authorities have only recently received training from the central government. We recognize that in the coming time, we must focus on disseminating information to ensure that the regulations of Circular No. 26/TT-BNNPTNT are implemented effectively…” – Mr. Tuan stated.
I discussed what I had heard about the regulations in Article 12 of Circular No. 26/TT-BNNPTNT with the relevant officials in Thach Ngan commune, requesting clarification on the concerns raised by Ms. Vi Thi Hanh. Shortly afterward, they informed me 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 the regulations…