Violations in the purchase, transfer and use of forest land (Part 3): What are the causes?

(Baonghean) - Investigations show that the illegal buying, selling, transferring and converting of forest use purposes have many causes. Among them are poverty and limited awareness of a part of the people; while the Party committees, local authorities and relevant agencies in some places are still lax in forest management and protection.

Poverty - ignorance

For many mountainous households, the reason they sell their forest land use right certificates is simple: because they are poor! Former head of Ke Ninh village (Chau Hanh commune, Quy Chau), Mr. Le Van Binh was assigned 23 hectares of natural forest, located near Chau Thuan commune in 2003. In 2011, he sold his forest land use right certificate to Mr. Phan Ba ​​Giang.

Mr. Binh said: "Around 2010, because I needed money to treat my child's illness, I had to mortgage my house to the bank. When it was time to pay the debt, because I had no money, I had to sell the forest land that the State gave me. Each hectare of forest cost 1.5 million VND. I sold 20/23 hectares to get 30 million VND...".

The forest land area lot 4, compartment 6, sub-area 248, Nghia Lac commune (Nghia Dan) was leveled by the family of the Party Secretary of the commune to build a house foundation.

As for Mr. Hoang Van Toan, his family was granted two natural forest land use right certificates. One certificate is under his name, the other is under the name of his father, Mr. Hoang Van Hung. In 2011, due to lack of money to buy roof tiles, Mr. Hung sold the certificate under his name to Nghe An Xanh Joint Stock Company. "The forest land area is about 3 hectares, the amount of money paid is just enough to buy tiles, about 4-5 million VND" - Mr. Toan said.

Also in Ke Ninh, Mr. Vi Van Thanh is one of the people who still retains all the documents for buying and selling forest land use right certificates. Mr. Thanh was granted land use right certificate No. 00374 on September 24, 2004, an area of ​​37.2 hectares of forest land in lots 58, 160, 394, 391 in Chau Hanh commune; the purpose of use is Rtn.S.

Also because of difficulties, in 2011, Mr. Thanh sold lot 58 with an area of ​​19.7 hectares to Mr. Phan Ba ​​Giang for 13 million VND. Mr. Thanh's forest land use right certificate was given to the buyer; he was given a photocopy. With a sad face, Mr. Thanh said: "It was also because of difficulties that I had to sell. My younger brother, Vi Van Diep, also had to sell his forest land use right certificate with an area of ​​more than 17 hectares to Mr. Giang...".

In fact, not only in Quy Chau, but also the people in Que Phong and Con Cuong districts... also explain the reason for selling forest land like that. But for many responsible local officials, in addition to the cause of poverty, people also have a heavy mentality of waiting and relying on preferential policies of the State; and especially the lack of understanding of the law and lack of awareness of their own rights and interests in the assigned forest area.

“Mountain people have a life attached to the forest. With the forest, if they are diligent and only collect secondary forest products, it is enough to ensure their life. However, due to lack of knowledge, they think that leaving the land use right certificate there is useless, while selling it will help them buy some items. Unexpectedly, when it is sold, the right to collect secondary forest products in the forest is no longer granted. Even cutting down a bamboo tree or a linden tree to weave a basket or a basket, the new owner also forces them to pay 10,000 - 20,000 VND. It is very pitiful…” - Mr. Sam Van Thiet - Chairman of Chau Hanh Commune People's Committee explained.

Mr. Lo Van Thanh (Ke Ninh village, Chau Hanh commune, Quy Chau) talked about the difficulties that forced him to sell his forest land use right certificate.

Learning in many localities, in cases of forest encroachment, the subjects handled by the authorities are basically also the people, forcing us to ask the question: Why? And the reason is also given because the people are poor and ignorant! Because of poverty and ignorance, many households that sell forestry land and forest land then continue to be enticed by "brokers" and "brokers" to hire and contract to encroach on the forest. That is, trimming and cutting down trees; cutting down bamboo, hunting until the forest is left with only vines, bushes... then burning.

The price to cut down trees, clear cut, burn the forest and plant acacia on an area of ​​one hectare, as a Forest Ranger Chief told us, is only about 9 million VND (of which, buying acacia seedlings costs 1.6 million VND). “Poor people, lacking knowledge. When they sell forest land for a small amount of money, they “buy” household items, but do not know how to keep the capital to make a profit. So when they run out of money, they continue to be lured into deforestation. They do not know that the price the “brokers” pay is too cheap compared to the price they will have to pay when the authorities discover and punish their deforestation behavior…” - said the Forest Ranger Chief.

Loose management

The question arises again: why do “brokers” like Mr. Phan Ba ​​Giang’s Nghe An Xanh Joint Stock Company know that people in Ke Ninh and Pa Co villages in Chau Hanh commune, and even in Dong Van and Thong Thu (Que Phong) will sell forest land to buy? Those who understand the story all answer: they have people in the area to act as brokers.

As in the Ke Ninh copy, Mr. Mac Van Hoa said: “Previously, in the village management board, there was a man named Mr. Luu Van Thien who worked as a broker for Mr. Giang. Because he was a village cadre, he knew which households were granted forest land use right certificates, so he often came to ask "do you need money? Sell the certificate and someone will buy it". The poor, when they needed money, had to sell everything. I also had to sell the forest land use right certificate in the name of my son, Mac Van An, when he was sick...".

During our travels through many localities, we realized that for a very long time, the authorities at all levels and relevant agencies have been lax in management; besides, they have not put all their heart into poverty eradication and raising people's awareness.

Regarding management, we can cite an example in the hot land of Quy Chau. In 2011, the district government knew about the illegal buying and selling and transferring of forest land use right certificates; in 2012, there was Official Dispatch No. 162/UBND.TNMT requesting the chairmen of communes and towns not to confirm the transfer of forest land use right certificates; assigning the Land Use Right Registration Office not to accept the transfer of forest land use right certificates of households that had been granted according to Decree 163.

However, local authorities still lack control, allowing illegal buying and selling and transfers to continue; and more importantly, illegally transferred forest areas are negatively impacted, even completely changing the forest status.

There are even officials and party members who have not been exemplary, have not complied with the law and have committed acts of forest encroachment. For example, the incident that happened in Nghia Lac commune, Nghia Dan district. Right at this time in August 2016, the family of the Party Secretary of the commune arbitrarily cut down the forest assigned to them with status Ic in lot 4, compartment 6, sub-area 248 to level the land for the house foundation.

Nghia Dan Forest Protection Department officials confirmed information about the incident in Nghia Lac commune with reporters.

Or like in the Ru Cam protective forest area of ​​Vuc Mau lake, Quynh Tan commune (Quynh Luu), households contracted to protect the forest have encroached on the forest, arbitrarily planting pineapples and acacia trees until they are discovered...

Poverty eradication and bringing the Party and State’s policies and laws to the people, especially in the highlands, have been a regular task of Party committees, authorities and agencies at all levels for many years. However, issues related to forests have not been guaranteed.

A core objective when the State allocates forest land to people is to provide them with means of production and increase their income to ensure their livelihood. Production forest land allocated to people is basically of two types: land with protected forests; and depleted forest land that can be converted, planned, and designed to plant forests or suitable trees. However, how many localities have provided guidance and helped people to make a living from forests allocated by the State for protection? Has any locality helped people prepare planning and design documents so that competent authorities can consider converting the purpose of using forest land in accordance with the law?...

Regarding this content, a responsible official bitterly exclaimed to us that, for organizations with potential, it is difficult to carry out planning and designing documents for converting forestry land; and for people, even if the State grants them forest land use right certificates, converting land use purposes is even more difficult than… ascending to heaven. Therefore, in his locality in the coming time, he will study to have policies to support consulting units to help people in setting up documents, planning, designing… converting land use purposes, thereby, people have the opportunity to effectively use forest land!

Nhat Lan

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