Circular No. 46/TT-HTX guiding the acceleration of land allocation and forest allocation to collectives and people for afforestation in accordance with Decision No. 184-HĐBT dated November 6, 1982 of the Council of Ministers.

CIRCULAR

OF THE MINISTRY OF FORESTRY NUMBER 46-TT/HTX ON DECEMBER 13, 1982 GUIDING THE STRENGTHENING OF LAND AND FOREST ALLOCATION TO ORGANIZATIONS AND THE PEOPLE FOR PLANTING FORESTS IN ACCORDANCE WITH THE DECISION
NUMBER 184/HĐBT OF NOVEMBER 6, 1982 OF THE COUNCIL OF MINISTERS

To implement Decision No. 184-HĐBT dated November 6, 1982 of the Council of Ministers on the policy of allocating land and forests for organizations and the people to plant forests, repair, improve, and manage forests, the Ministry of Forestry guides certain issues regarding the allocation of land and forests for planting trees and establishing forests as follows.

I. PRINCIPLES OF ALLOCATING LAND AND FORESTS FOR ORGANIZATIONS TO MANAGE.
AND THE PEOPLE FOR BUSINESS OPERATIONS.

1. Forests and forest lands are assets of the entire people managed uniformly by the State; the State may allocate such lands and forests to state-owned units, cooperatives, households, and other collective units for business operations according to planning, plans, and laws of the State.

2. The allocation of forests and forest lands to organizations and the people for business operations must comply with the central and local planning of land distribution and agricultural, forestry, and fishery production zones at provincial, city, and district levels.

3. Based on the land distribution plan approved by the Provincial People's Committee, the District People's Committee shall determine the area of vacant land, barren hills, and poor forests that can be allocated to organizations and the people for production and business operations based on the condition of the forests and forest lands, the purpose of business operations, management capacity, and labor capability of each location. There is no limit to the amount of forest and forest land allocated to organizations for business operations; only the amount that can be effectively managed will be allocated.

4. Organizations and households must fully utilize the allocated forest and forest land for business operations according to planning, plans, and laws of the State. They must not use it for other business purposes that would lead to the destruction of forest resources and forest lands.

5. Agricultural products grown intercropped on forest land in accordance with the integration of agriculture and forestry, the person planting them shall enjoy the full benefits. For forest products produced on vacant land, barren hills, and depleted forests, apart from the portion used according to the prescribed ratio, the remainder shall be sold to the State at a reasonable price (the State Price Commission and the Ministry of Forestry will provide specific guidance later).

II. ENTITIES ELIGIBLE FOR ALLOCATION OF FORESTS AND FOREST LANDS FOR PRODUCTION AND BUSINESS OPERATIONS
FOR PRODUCTION AND BUSINESS OPERATIONS

1. Cooperatives, production groups, agencies, enterprises, schools, and armed forces units located in midlands, mountainous areas, or coastal sandy and swampy regions, if they voluntarily submit applications to receive land and forests for business operations to meet their own wood and firewood needs and to plant forests according to national planning and plans, may be considered for allocation of a certain area of forests and forest lands within their capacity to organize forest production and business operations.

2. Households (including both agricultural and non-agricultural households) living in midland, mountainous areas, and other regions with much vacant land and barren hills may be granted a certain area of land near their homes to establish forest gardens to meet their own wood and firewood needs and other agricultural and forest products. Additionally, depending on their labor capacity, they may apply to borrow a certain area of vacant land and barren hills to plant forests according to the general plan.

3. Counties, provinces, and cities with labor but lacking forest land may form joint ventures with regions having land to plant forests, long-term industrial crops, etc., according to national planning and plans to achieve self-sufficiency in wood and firewood and contribute quickly to greening barren hills, protecting the environment, and providing many products to society.

III. TYPES OF LAND AND FORESTS AND AREA OF LAND AND FORESTS ALLOCATED FOR ORGANIZATIONS AND THE PEOPLE TO MANAGE

1. Types of land and types of forests allocated for collective business operations.

1. Types of land and forests allocated for cooperative management.

- Areas of land planned for forestry including vacant land, barren hills, sand dunes, swamps, coastal areas, and poor forests requiring improvement may be allocated to each cooperative or production group according to their management and business capabilities to plant forests for industry, construction, and export. Unallocated natural forests may also be considered for allocation to cooperatives and production groups to repair, protect, and manage according to national planning, plans, and regulations.

- Through reorganizing agricultural and forestry production and adjusting the scope of business operations for state-owned, collective, and household units within the county, state-owned units may transfer part of their managed forest land (including natural and planted forests) to cooperatives and production groups for management and protection. When transferring, a detailed inventory and assessment of the forest situation must be conducted. Cooperatives and production groups are responsible for repairing and protecting natural forests to promote their growth. For planted forests, cooperatives and production groups continue to contract for care and protection until the forest reaches maturity. After harvesting, the land will be transferred to collectives for planting forests according to the State's plan.

- Protected forests and protective forests within the county shall be uniformly managed by the County People's Committee and not allocated to any unit for business operations, but may be contracted out to collectives or households for encirclement and protection. At the end of each year, inspections will be conducted; if well-managed, each hectare will receive a labor fee, which will be determined by the Provincial People's Committee in consultation with the Ministry of Forestry based on the effort expended. Conversely, if the forest is destroyed, not only will there be no payment for labor, but penalties will be imposed according to the value of the damaged forest products. Collectives and households managing the contracts may gather dry firewood and special forest products under the canopy, but must follow the guidance of the forestry sector without reducing the protective nature of the forest.

- For protected forests managed by the province or central government with dedicated staff, the County People's Committee has the responsibility to inspect, urge, and mobilize the people to protect them according to the regulations issued by the State for those areas.

Each locality must base on the current situation of forests and forest land, economic and technical norms, labor norms, technical procedures for each type of tree, type of forest, type of land; natural conditions and business management capacity of each cooperative and production group, especially the number of workers assigned to forestry work from each production unit must be at least 10 - 15% of the total workforce, to determine the reasonable area of forest and forest land to be allocated to each unit.

Due to the long cycle of forest tree business operations, the area of forest and forest land to be allocated shall be as follows. For vacant land, barren hills, and poor forests that need to be improved with bamboo, rattan, pine trees for exploitation, it may be allocated from 2 to 4 hectares. For young forests requiring repair, nurturing, or natural wood forests for exploitation, approximately 8 to 10 hectares should be allocated for each forestry worker. It is necessary to actively implement the principle of combining agriculture and forestry by intercropping under forest canopies to ensure good forest development, treating forestry like gardening.

3. Allocation of forest land for households to establish forest gardens.

- According to the regulations of the Council of Ministers, each household in mountainous areas, midland regions, and coastal areas with many vacant lands and barren hills may be considered for allocation of up to 2000 to 2500 square meters of such land per laborer to establish forest gardens. Therefore, localities must base on their own available vacant lands and barren hills near residential areas and the converted labor force of each household to set specific allocation levels for their locality, but not exceeding 1 hectare. If a family already has a garden around their house close to the specified level, they will retain the original plot (no reduction, no additional allocation). For households without or with few laborers but many members, they may also be considered for allocation of forest garden land at a reasonable level so these households can meet their own needs for timber, firewood, and other agricultural and forestry products.

- In places where cooperatives and production groups already exist, the part of land allocated for household members to establish forest gardens lies within the total vacant lands and barren hills allocated to cooperatives and production groups for management and operation. The management board is responsible for reallocating this land to household members according to each production team for convenience in production and product management.

- In places where there are no cooperatives or production groups, the People's Committee of the district authorizes the People's Committee of the commune to allocate land for establishing forest gardens to households in the commune and to compile reports for review by the district.

- In cases where there are no vacant lands and barren hills near residential areas, only collective or state-owned forests remain, land for establishing forest gardens may still be considered. Households receiving land there must take responsibility for caring for and protecting the forest until it matures, allowing them to collect dry firewood or intercrop under the forest canopy without affecting forest growth. When harvesting, families who have cared for and protected the forest will enjoy 10 to 20% of the main products depending on the condition of the forest when it was allocated, with the remaining portion enjoyed by the entity that planted the forest. After harvesting, the land will be transferred to the family for establishing a forest garden.

- Households in non-agricultural zones but living in areas with vacant lands and barren hills, if voluntarily applying for land, may be considered for allocation of a certain amount of vacant lands and barren hills equivalent to the level allocated to agricultural households in the region for establishing forest gardens based on the availability of land in each locality.

- Households that have been allocated land for establishing forest gardens must plant in the designated location and area, not encroach or sell, and must return all other land they occupy outside the forest area to eliminate shifting cultivation and deforestation.

- For households that have not voluntarily accepted land for establishing forest gardens and engage in acts of violating forest resources, the People's Committee of the locality must educate them, and if they repeat the offense, impose strict penalties.

4. Allowing people to borrow forest land for forestry business operations.

In places where there are no cooperatives or production groups, or where such organizations exist but the management and business capacity of forestry operations is limited, if families genuinely apply to borrow land, they may be considered for borrowing a certain amount of vacant lands and barren hills to plant forest trees according to the planning and plan of the county. The criteria for borrowing land for planting forest trees are based on the labor capacity of each household capable of engaging in forestry work to determine a reasonable amount of borrowed land. The borrowing period is one business cycle, depending on the economic purpose of each type of tree. At the end of the previous cycle, if the household performs well, they may be allowed to continue borrowing for the next cycle. If during the business cycle, a cooperative or production group is established and has the ability to manage and operate, the forest area planted by households can be managed by the collective, but this must be based on the voluntary agreement of the cooperative members and the collective must adequately compensate the efforts of each household. Otherwise, households will continue to operate until the end of the production cycle before transferring the land area to the collective for management and operation according to the overall plan.

5. Regarding joint ventures in planting forest trees.

Joint ventures in planting forest trees between localities can be divided into responsibilities by stages. Localities with labor, food, and capital undertake the planting stage; then hand over to the local authority for care and protection until the forest matures. The organization of harvesting and distribution of products taken from the forest is decided by the joint venture.

For collective and state-owned forestry units, joint ventures in planting forests, repairing, and improving can also be organized similarly. Forestry farms are responsible for providing seeds, capital, materials, and technical guidance. Collectives undertake planting, caring, protecting, and harvesting the forest according to the principle of mutual benefit.

6. Regarding planting trees along transportation routes. (Circulars jointly issued by the Ministry of Forestry and the Ministry of Transport will provide detailed guidance later).

IV. OBLIGATIONS AND RIGHTS OF COLLECTIVES AND CITIZENS RECEIVING LAND AND FORESTS FOR FORESTRY BUSINESS OPERATIONS

A. REGARDING OBLIGATIONS:

1. Collectives and people must take measures to gradually bring the assigned forest areas and forest land into production and business in accordance with planning, plans, and technical procedures of the forestry sector on the principle that "land transfer must be accompanied by planting trees, forest transfer must be accompanied by care, protection, and reasonable exploitation to ensure forest regeneration." If within one year from the date of assignment, the land and forest resources are not organized for production and business but are used for other business purposes, causing the forest to be destroyed, the land to deteriorate, or if after harvesting the previous cycle, the land remains vacant for more than one year without replanting the forest, and there is no valid reason, the State will impose penalties and reassign the land to another entity or person.

2. Fully fulfill the obligation to sell products and manage unified product sales; simultaneously, pay the forest nurturing fee according to current regulations.

B. REGARDING RIGHTS AND BENEFITS

1. The State assigns long-term forests and forest land for production and business. In special cases where the State must reclaim part or all of the assigned area for public purposes, the collective or family shall be reassigned an equivalent area and adequately compensated for the trees and crops on the reclaimed area.

2. May be provided by the State with technical materials for forestry, new types of seedlings, technical guidance, training of cadres, and if necessary, loans.

3. Forests planted or improved by collectives using their own capital and labor, intermediate products during the process of care and thinning, may be fully utilized by the collectives. When harvesting, they may use 20% to 30% of the main products for planted forests or 10% to 20% of the main products (products listed in the county's plan indicators) for improved forests, with the remainder sold to the State at a fair price.

For naturally grown forests improved by collectives through labor and protection, when harvested, 30% of the main products are sold according to the directive price (cost + profit margin), 20% is retained by the collective for use, and the remaining 80% is sold at a fair price.

For naturally grown forests reaching the age for harvesting, newly assigned to collectives for management and protection, when the collectives organize harvesting, 90% of the main products are sold according to the directive price, with the remainder used by the collectives; if not fully used, the surplus is sold to the State at a fair price.

4. In concentrated economic forestry planting areas such as paper fiber forests, mine pillar forests, specialty cinnamon, frankincense, red antelope forests..., or regions where the main production direction is forestry business for newly settled ethnic groups, cooperatives and production groups facing many difficulties may be subsidized by the State with seedlings, handheld production tools, and up to 20% to 50% of the labor remuneration for planting, caring for, and protecting the forest based on the state-owned forestry plantation unit price in the region. Upon harvesting, 20% to 50% of the main products are sold to the State at the directive price, with 70% sold at a fair price and 30% retained for use, which the State will exchange for construction timber of equal value.

5. For forests previously planted by collectives using subsidized funds under Decisions No. 129-CP dated May 25, 1974, No. 272-CP dated October 3, 1977, and No. 95-CP dated March 27, 1980, etc., the collectives must continue to care for and protect them; upon harvesting, they may use 10% to 20% of the main products, with the remainder sold to the State at a fair price.

6. The portion of forest products reserved for collective use is exempted from 50% of the forest nurturing fee; the forest products sold to the State by the collectives are subject to the payment of the nurturing fee by the purchasing agency.

7. Forest products harvested from family forest gardens, if not fully used, are sold to the State at a fair price. For forests planted by families on borrowed land, intermediate products during thinning may be fully utilized. Upon harvest, families must submit 20% of the main products to the cooperative or production group (if no cooperative exists, to the commune) for the communal welfare fund, to build local public facilities. The remainder is sold to the State at 70% of a fair price; families retain 30% for use, which may be exchanged or sold to the State at the above price if not fully used.

8. Depending on the type of land and tree species, the People's Committee of the province specifies specific yields for each type of forest. If collectives and people care for and protect the forests well, exceeding the specified yield, they enjoy the entire excess product. If care and protection are inadequate, and the yield does not meet the specified level upon harvesting, the permitted retained forest products are used to compensate for the shortfall.

9. Agricultural products intercropped, livestock raised on forest land in combination with forestry, secondary forest products, and scattered crops may be fully utilized by collectives or individuals who plant them. If not fully used, they are sold to the State at a fair price.

V. ORGANIZATION AND IMPLEMENTATION GUIDANCE

1. Procedures for assigning forests and forest land.

a) The People's Committee of the district bases on the vacant land, barren hills, and poor forests of the district and preliminary surveys of the needs for forests and forest land of cooperatives and production groups to estimate the area to be assigned for their production and business.

b) The management board of the cooperative or production group, based on the number of workers allocated to forestry, submits an application to receive forests and forest land for forestry production. The cooperative or production group's application must include the commune People's Committee's confirmation opinion, along with the planning and production plan sent to the district People's Committee.

Other collective units and households wishing to receive vacant land or barren hills to plant trees for self-sufficiency in wood and firewood or to plant forests according to the State's planning and plans must also follow the above procedures.

c) After receiving applications from units and households, the district People's Committee organizes reviews, inspections, and issues decisions assigning forests and forest land to those units or households.

The district Forestry Department or the district Agriculture and Forestry Department assists the district People's Committee in transferring forests and forest land to units or households on records, documents, maps, and on-site, clearly defining boundaries and setting up boundary markers. A handover record is established with signatures from both parties and witnessed by a representative of the commune People's Committee.

d) In places where the area of forest land transferred from state-owned units to cooperatives or production groups has been decided by the People's Committee of the district, a handover council must be organized comprising representatives of the People's Committee of the district, the People's Committee of the commune where the land is located, the Forest Management Board of the district (Forest and Agriculture Management Board of the district), the director of the forestry farm, and the head of the cooperative or production group. This council is responsible for inventorying, evaluating assets, and preparing a record of transfer.

đ) After receiving the forest and forest land, the collective and people must complete the procedures to register the use of the forest area and forest land with the Forest Management Board of the district or the Forest and Agriculture Management Board of the district.

The portion of land for establishing family forest gardens must have certification from the People's Committee of the commune.

2. Responsibilities of People's Committees at all levels.

- To widely disseminate the decision of the Council of Ministers regarding the promotion of transferring land and forests to collectives and people for afforestation among cadres and the public, ensuring that everyone understands the purpose, significance, and content of the policy to gain trust, enthusiasm, and determination to implement it.

- The People's Committee of the province shall base its plans to guide districts in reviewing previous land and forest transfers or continuing to promote forest transfers in districts that have not yet done so, creating a widespread and enthusiastic movement for afforestation aimed at quickly greening barren hills and gradually eliminating deforestation.

- The People's Committee of the district shall determine the economic forestry objectives of the district to reorganize forestry production and business units within the district, specifically tallying the area of vacant land, barren hills, and poor forests requiring improvement at each site, as well as reviewing previous land and forest transfers to ensure the recipients, types of land and forests, and areas allocated were appropriate, and whether management and business organization were suitable. From this, they shall develop plans to correct according to the spirit of Decision No. 184-HĐBT of the Council of Ministers.

For districts that have not yet transferred land and forests, they must now actively transfer vacant land, barren hills, and poor forests to collectives and people within the district for business operations according to the district's planning, ensuring that every forest and piece of land have specific managers and are put into productive use with maximum economic efficiency. To achieve this, districts must actively assist cooperatives and production groups in reorganizing production, training, and educating cadres. This is a decisive factor for cooperatives and production groups to successfully fulfill their mission of developing agricultural and forestry production.

- The People's Committee of the commune shall work with district cadres and management boards of cooperatives and production groups to carry out tasks of transferring land and forests, organizing agricultural and forestry production in the commune, and allocating land for forest gardens as well as certifying land loans for households to engage in forestry business.

For communes with 200 hectares or more of forest, the provincial People's Committee may allocate a dedicated sale quota from the forest breeding fund to the Forest Management Board of the commune, equivalent to the remuneration of a deputy secretary of the People's Committee of the commune, to manage, protect, and guide collectives and people in the commune in forestry business.

3. Responsibilities of the Forestry Sector:

Forestry agencies at the provincial and district levels shall coordinate with relevant sectors to assist People's Committees at all levels in effectively implementing Decision No. 184-HĐBT of the Council of Ministers. Specifically:

- Provincial and municipal forestry departments shall advise the provincial and municipal People's Committees on directing and directly assisting districts to promptly complete district-level forestry planning. They shall understand the area of vacant land, barren hills, and poor forests requiring improvement in each district, guiding districts to review previous land and forest transfers or continue to direct the promotion of land and forest transfers in districts that have not yet done so; simultaneously, they shall mobilize cadres to assist districts in planning, design, providing technical materials, seeds, consolidating specialized district forestry machinery, enabling this body to effectively advise the district in guiding and assisting cooperatives and production groups as well as families in entering forestry business.

- The district-level Forest Management Board or the district-level Forest and Agriculture Management Board shall assist the district-level People's Committee in transferring vacant land, barren hills, and poor forests requiring improvement to collectives and people within the district for forestry business, ensuring the correct recipients, types of land and forests, and suitability with the management and business capacity of each unit, and directly guiding collectives and people in forestry business according to the district's planning and plans.

- State-owned forestry farms, forestry-industrial associations under the Ministry, and state-owned forestry farms as well as local forestry stations and camps must proactively establish economic ties with production units in the region to cooperate and divide responsibilities in building technical facilities, training and educating cadres, supplying seeds, transportation means, technical materials, or supporting each other with labor during afforestation and urgent logging periods, as well as establishing a forest management and protection network based on economic contracts to consolidate the alliance between industry and agriculture, enabling collectives and state-owned enterprises to jointly perform forestry business tasks well.

During the implementation of the Council of Ministers' policy on transferring land and forests to collectives and people for afforestation and this circular, if any difficulties arise, localities should promptly report them to the Ministry of Forestry.