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Implementation of Forest Tenure at the Local Level
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his section addresses research question two of our study, regarding the implementation of forest tenure at the local level. We have used the data collected from the eight study villages to comparatively examine diferent contexts in
which forest tenure arrangements are shaped and reshaped at the village level. We begin by discussing the FLA implementation in the study villages and elaborate on how state forest tenure policies were introduced at the village
level. We then detail how forest tenure rights have actually been realized in practice. We go on to elaborate how forest resources have changed since the implementation of FLA, and discuss the inluence of customary practices
on forest tenure situation before and after FLA. he section ends with a summary of major issues presented in the section.
5.1 Forest Land Allocation Process in the Study Villages
5.1.1 Forest Land Allocation in Hoa Binh Province
he irst FLA program in Hoa Binh was an experimental project entitled Renovation of Strategies for Forest Development, under the then-Ministry of Forestry. he experiment took place from September 1993 to July 1994,
and covered three communes: Tu Ne of Tan Lac district; and Hang Kia and Pa Co, both of Mai Chau district. Its aim was to develop a method for forest land allocation that followed relevant laws and regulations i.e. the 1993 Land
Law and the 1991 Forest Protection and Development Law. By mid-1994, the project had allocated 398 ha of bare land and 285 ha of plantation land to local people in Tu Ne commune. Additionally, 435 ha of natural forest in Tu
Ne, 571 ha in Hang Kia, and 922 ha in Pa Co communes a total of 1,928 ha were contracted for protection purposes Vu and Vu 1996.
he FLA policy was also implemented in other areas of Hoa Binh province, including the study sites. his FLA took place in 1993–1994 as well, following Decision 64ND-CP dated 27 September 1993 on the allocation of agricultural
land to households. he FLA process moved forward without any support from development projects. In both Mai Chau and Lac Son districts, the Forest Protection Unit worked with the District People’s Committee to prepare and
implement FLA plans.
In Noong Luong and Cha Day villages, Mai Chau district, forests were allocated to households according to the location of upland ields held by these households at that time. Local households were given forest near their existing
ields so that it would be easy for them to take care of the allocated forest. By 1998, forest RBCs were given to recipient households. he titles, however, did not serve as proof of full legal rights
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to allocated forest land, as the RBCs state that such forest land is only contracted to RBC holders. Consequently, these forest RBCs did not grant
their holders the full rights to forest land as stated in the then-existing Land Law and thus did not carry much value for the local people.
FLA processes in Song and Khanh villages of Lac Son district came to a similar outcome. Local people in the two villages were given forest land in 1993 and received forest RBCs in 1995. hese forest RBCs also state that forests are
only contracted to the recipients.
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E.g. rights to transfer, exchange, mortgage, lease, and inherit the land-use title.
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5.1.2 Forest Land Allocation in Dak Lak Province
