guideline on participatory landuse planning and land … · 2011-11-14 · guideline on...

SONLA PROVINCIAL PEOPLE'S COMMITTEE

Guideline on

PARTICIPATORY LANDUSE PLANNING AND

LAND ALLOCATION APPLIED

AT COMMUNE LEVEL

IN SON LA PROVINCE

April 1999

TABLE OF CONTENTS

Introduction 3

Part 1 General principles 4

1 Strict observance of state regulations with locally available resources 4

2 Maintenance of social justice, rural stability and full participation of the people 4

3. The commune shall be taken as Landuse planning and land allocation unit. 5

4 Landuse planning must be done before land allocation 5

5 Maintenance of local cultivating practices with appropriate changes and adjustments according to planning to avoid confusion

5

6 Sustainable development 6

Part 2 Description of Landuse planning and land all ocation procedures 6

I Step 1: Preparation 6

1.1 Organisational and administrative preparation 6

1.2 Technical preparation and collection of information, data, documents and maps 9

1.3 Technical equipment preparation 11

1.4 Financial preparation 11

1.5 Technical training for the working group 11

1.6 Meeting to start communal Landuse planning and land allocation 12

1.7 Developing implementation plan for communal Landuse planning, land allocation and landuse certificate granting

12

1.8 Outputs of step 1 12

II Step 2: Field survey for data collection and development of current 12

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INTRODUCTION

landuse maps

2.1 Village meeting 1 12

2.2 Field survey for current landuse mapping 14

2.3 Evaluation of figures and data collected, current landuse map, existing land area as well as land management and utilisation

14

2.4 Output of step 2 14

III Step 3: Landuse planning and proposed allocation plan 14

3.1 Communes already with landuse plan 14

3.2 Communes not yet to have landuse plans 14

3.3 Requirements for Landuse planning and land allocation 15

3.4 Village meeting 2 with discussion on landuse planning and proposed land allocation plan

18

3.5 Draft mapping of village landuse planning 19

3.6 Workshop on Landuse planning and land allocation plans 19

3.7 Landuse planning and land allocation plan approval 20


IV Step 4: Field allocation 20

4.1 Agriculture land allocation 20

4.2 Forest land allocation 21

4.3 Residential land allocation 21

4.4 Making land allocation maps and calculating allocated area 22

4.5 Contractual forest protection 22


4.7 Checking and evaluating field allocation results 22

4.8 Landuse right registration 22

VI Step 5: Appraising, approving documents and granting landuse right certificates at district level

23

5.1 Document appraisal 23

5.2 Submission for approval 23


VI Step 6: Compiling cadastral documents, checking, calculating cost and handing over landuse right certificates to households

23

6.1 Compiling cadastral documents 23

6.2 Duplicating documents as required 24

6.3 Submitting books and documents to competent authorities for recognition 24

6.4 Handing over required documents and landuse right certificates to households 24

6.5 Checking outputs and settling costs 24

Part 3: Appendices 24

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Make landuse planning in line with local demands for socio-economic development and natural conditions is one of the first measures to ensure sound management and sustainable use of natural resources, which include forests, land and water, as well as improvement of people's living standard. On the other hand, farmers need to be granted landuse rights on a long-term basis so that they can be confident making inputs in production.

In addition to that, landuse planning which responds to people's wishes and local development trends also provides a strong foundation for the implementation of regional economic development plans.

Landuse planning and land allocation have been conducted for a long time but have proven to be inefficient, impractical and unsustainable due to limitations in financing and methodology, especially the absence of farmers' participation.

Basically, objectives of the methodology are similar to those of technical guidance from the Cadastral General Department and Ministry of Agriculture and Rural Development. The methodology was developed based on experiences from trials in Yen Chau with a view to achieving the following 3 objectives:

� Direct and full participation of local people in th e whole process of Landuse planning and land allocation.

� Feasibility within locally available financial, hum an and technical resources at district and communal levels in Son La province.

� Acceleration of the Landuse planning and land alloc ation process in an efficient and sustainable manner by applying PRA.

The guideline is divided into 3 parts. Part 1: Major principles for developing the methodology. Part 2:Description of steps and technical procedures for L anduse planning and land allocation. Part 3: Detailed guidance, specific activities, registratio n forms, cadastral documents on land management and methods of collecting data.

The document is confined to detailed description of technical guidance for landuse planning of 6 land types designated by the Cadastral General Department. Allocation will be made in forestry land, upland agricultural area and, where possible, residential and paddy land.

This guideline was presented in a workshop held in Son La on March 30, 1999. It has been finalised with comments from different provincial agencies after being jointly worked on by the Cadastral Department, Sub-department of Forest Protection, Department of Agriculture and Rural Development in collaboration with the expert group from the Cadastral General Department and Department of Forest Protection, who were directly assisted by staff and foreign experts of Social Forestry Development Project Song Da.

Part 1 GENERAL PRINCIPLES

1. Strict observance of state regulations with loca lly available resources

� The Landuse planning and land allocation process must be carried out within the existing administrative and legislative framework of the State of Vietnam, especially decrees 02-CP; 64-CP; 01-CP, decisions 661/Q§-TTg; 245/Q§-TTg and decision 294/KH-UB as well as instructions by Son La Provincial People' Committee.

� The process must be based on land allocation quotas for organisations, households and individuals in accordance with feasibility studies or investment projects already approved by competent authorities as well as Land Law 1993 provisions depending on the type of land and its location.

The methodology for Landuse planning and land allocation, hereinafter briefly referred to as Methodology, must be simple, efficient and applicable with available resources and local management and technical capacity.

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2. Maintenance of social justice, rural stability a nd full participation of the people

People must be entitled to be informed, to participate, discuss, implement and gain legitimate benefits from Landuse planning and land allocation in accordance with the law.

As people's educational background differs, landuse demands and capacity depend on various farming practices of ethnic communities, there is a need to disseminate the rights and duties of households who are allocated land before implementing Landuse planning and land allocation and clarify that all households have equal opportunities in the process.

Landuse planning and land allocation must ensure justice and rightness for all residents in the commune, the level at which it is carried out. It must base itself on local land area, number of people and number of labourers to formulate an adequate land allocation plan.

Landuse planning and land allocation shall be implemented with harmonised combination of both ways: Bottom up and top down.

� Bottom up: With the assistance of allocation staff, people shall develop a Landuse planning and land allocation plan on the basis of local demands and potentials and subsequently propose for support from central or local government.

� Top down: The central or local government works out development plans and strategies aimed at making the most of potentials and strength in land and other natural resources of the region.

People's participation is an indispensable part of Landuse planning and land allocation. It creates a strong link between authorities and people and provides the necessary stimulation and confidence for people to actively participate in the process, helping to prevent negative impacts and ensure social justice. The working group shall act as a consultant only to assist them methodologically so that they can deal with the work themselves. Only in this way can the principle of justice, democracy, participatory involvement be observed, allocation be accelerated and cost and time lowered.

This means applying PRA, RRA to motivate all populations concerned to participate in the process from the beginning until a decision is made. The entire process in considered as a forum for discussion on landuse as well as remaining problems in land allocation and village development etc.

Participatory involvement signifies co-operation and co-ordination among agencies at all levels (communal, district and provincial) and an inter-disciplinary union of forestry, agriculture, cadastral sectors, state-owned enterprises and local people.

3. The commune shall be taken as Landuse planning a nd land allocation unit.

A commune is a grassroot administrative unit and Landuse planning and land allocation as well as registration for landuse right certificates must be carried out at communal level.

Landuse planning and land allocation need to be thoroughly addressed for all villages in the commune before being aggregated as the communal final results.

4. Landuse planning must be done before land alloca tion

It is required that Landuse planning prove itself to be legally correct, legitimate, rational, scientific, inheriting, feasible and democratic.

Communal Landuse planning must be conducted with due respect to provincial and District Landuse planning and must be approved before allocation.

Following are purposes of landuse planning:

� Land is distributed rationally according to usage structures.

� A basis is provided for the commune's annual plan..

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� Different types of land are managed uniformly.

� Landuse demand of different sectors and land users is addressed in the most beneficial manner for local socio-economic development.

5. Maintenance of local cultivating practices with appropriate changes and adjustments according to planning to avoid confusion

Land allocation conducted with the maintenance of local farming practices can prevent possible confusion leading to unnecessary disputes among organisations, households, individuals and between organisations and households or individuals. Still, there is a need for adjustments of irrationalities in terms of land area that some households and organisations are holding in order to ensure justice. These adjustments must be based on negotiations between households, firstly those having blood relations, namely parents and children, relatives. If negotiations fail, local authorities shall intervene and come up with the final decision in accordance with the local landuse plan and land area. In the case of encroachment, the farming can be maintained but without expansion.

6. Sustainable development

Landuse planning and land allocation must encourage sustainable land development, conform with long-term development plans (5 to 10 years) and produce no negative environmental impacts, especially for forest land.

Land allocation must be based on land potentials and expected benefits of users. It is required that priority be given to planning of areas that are agriculturally cultivable so as to ensure food security.

Part 2

DESCRIPTION OF LANDUSE PLANNING AND LAND ALLOCATION PROCEDURES

I. STEP 1: PREPARATION

1.1. Organisational and administrative preparation

1.1.1 Provincial level

Son La province has had a decision on the formation of a Steering Committee for Land Allocation, hereinafter referred to as Steering Committee, with the involvement of representatives from 3 sectors (Departments of Agriculture and Rural Development, Cadastral and Forest Protection) directly led by a deputy chairman of the Provincial People's Committee (PPC).

A guideline on duty assignment in accordance with directive 245 will be provided by Son La Steering Committee for Landuse planning and land allocation.

Duties of the Steering Committee

� Advising PPC on the study, recommendations to and implementation of government and provincial policies on landuse and management for the whole province.

� Developing plans, organising implementation, registration procedures and granting landuse right certificates to organisations, households and individuals

� Providing training for cadastral and forest protection staff at district level

� Appointing a working group for the tasks of monitoring, giving technical assistance in Landuse planning and land allocation and registration procedures for landuse certificates

� Appraising land registration documents to consider granting landuse certificates for qualified

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organisations and handle violations.

1.1.2 District level

A Steering Committee for land allocation at district level (referred to as Steering Committee) shall be formed under a decision of the District People's Committee. This Steering Committee shall include the following members:

- Vice chairman of DPC in charge of economic affairs: Chairman

- Head of the District Cadastral Division: Deputy

- Head of the Forest Protection Station: Deputy

- Head of the Agro-Forestry-Rural Development Division: member

- Head of the Planning Division: Member

- Head of the Finance Division: Member

- Head of the Justice Division: Member

- Director of the State-owned Agro-forestry Enterprises: Member

The post of vice chairman for the Standing Committee to the Steering Committee can either be delegated to the Cadastral Division or the Forest Protection Station depending on each district.

The Steering Committee shall act as an advisor to the Chairman of DPC by performing the following tasks:

� Assisting DPC to consider recommendations and implement government, province and district policies on landuse management in the district,

� Developing Landuse planning and land allocation plans for the district to be submitted the chairman of DPC for approval,

� Guiding, instructing, monitoring and facilitating the implementation of Landuse planning and land allocation by different district agencies and CPCs.

� Appointing staff to the working group assisting CPC in implementing Landuse planning and land allocation,

� Co-ordinating and connecting activities by district and communal agencies in the process,

� Clarifying administrative boundaries, resolving boundary disputes among communes and organisations in the district,

� Organising the implementation and monitoring Landuse planning and land allocation activities in the whole district to make sure everything is conducted as scheduled and by law,

� Reviewing registration documents to be submitted to DPC for consideration of granting landuse right certificates to qualified households and handling unqualified cases within its authority,

� Drafting a proposal for DPC to submit to PPC for approval of granting landuse right certificates to organisations within and without the country who are allocated or lease forestry land,

� Organising the documentation and utilisation of land management records.

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Operational Regulation for Steering Committee

� The Steering Committee shall act as an advisor to DPC and shall be responsible to DPC for the landuse plan, land registration procedures and consideration of granting landuse right certificates in the district,

� The Committee shall operate on the principle of democracy, whose member shall work on a part-time basis and be individually responsible for their assigned tasks.

Operational schedule

The Committee's operations shall start as of the signing day for its formation and end with the finalization of landuse right certificates for organisations, households and individuals.

1.1.3 Communal level

DPC shall issue a decision on the establishment of a Council for Land Allocation consideration and implementation (referred to as Land Registration Council), which comprises of the following members:

- Chairman of CPC: Head of the Council

- Communal cadastral staff: Deputy

- Communal forest protection staff: Secretary

- Representative from Farmers' Association: Member

- Representative from Women Union: Member

- Representative from People's Council: Member

- Heads of villages: Members

- Communal justice staff: Member

Duties and authority of the Council

� Developing Landuse planning and land allocation implementation plans for the commune,

� Disseminating state policies on the rights and duties of people who are allocated land,

� Collaborating with the working group to resolve problems and disputes in administrative boundary between villages in the commune,

� Reviewing the communal Landuse planning and land allocation plan and compiling documents to be submitted to DPC for approval,

� Organising and considering the registration for landuse rights by organisations and households (hereinafter referred to as HH) and individuals and compiling cadastral documents to be submitted to DPC for approval,

� Publicising land registration documents to obtain people's opinions and investigate complaints.

Operational Regulation:

� The council shall operate under its chairman's leadership and meet as required by work progress (every month end, except for unconventional meetings).

� The council's meeting result must be recorded in written form.

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� The council shall work on the principle of "voters' majority".

� During its operation, DPC is responsible for providing technical guidance and monitoring the process of implementation for later appraisal and submission to higher level for approval.

1.1.4 Formation of a communal technical assistance group (briefly referred to as Working group)

The working group shall comprise of the following members:

- A district forest protection staff

- A district cadastral staff

- A technical staff from an agro-forestry farm (if available)

- A FIPI staff

- A commune forest protection staff

- A communal cadastral staff

- Village chiefs

- Representatives from production groups, co-operatives.

This working group shall be directly managed and directed by the Land Registration Council. It shall carry out tasks discharged by the Council and at the same time is responsible to the Steering Committee for the quality of information, data, maps and Landuse planning and land allocation outputs in the locality.

Duties of the working group:

� Directly assisting CPC in implementing all technical aspects in landuse planning, recording land declarations and making cadastral documents to be submitted for approval,

� Organising villagers' meeting to inform them of State and Party policies and guidelines on Landuse planning and land allocation,

� Reviewing and finalising the commune's detailed landuse plan, � Giving instructions on making 3D model and discussing with people village Landuse planning and land

allocation plans to be submitted to the Communal Land Registration Council, � Giving instructions on and receiving applications for landuse rights by organisations, households and

individuals,

� Organising and implementing field allocation, finalising Landuse planning and land allocation documents to be submitted to CPC for consideration,

� Finalising Landuse planning and land allocation documents to be submitted to DPC for approval and landuse certificate granting.

1.2. Technical preparation and collection of information, data, documents and maps

1.2.1 Map preparation

� Landuse planning and land allocation maps are topographical ones, described below:

1. 1/10.000 scaled maps are used for communes of less than 10.000 ha in area.

2. Smaller scaled maps (1/25.000) can be used for communes of more than 10.000 in area for the sake of convenience.

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3. Communes without these 2 kinds of maps are allowed to have their map enlarged from 1/50.000 topographical maps or 1/25.000 UTM or Gauss maps with modification of additional topographical details.

� Maps for district and commune master planning

� Administrative boundary map 364CT-TTG.

� 299 maps scaled 1/1000 and 1/2000 (if available)

� Communal present landuse maps (if available)

� Land allocation maps (if available)

1.2.2. Collection of related documents

� Collecting documents and data on the commune's natural conditions

+ Geographical location

+ Topographical features and terrain

+ Climate and hydrological characteristics

� Collecting documents and data on the commune's current state of natural resources

+ Water

+ Forest (area, volume)

� Collecting documents and maps on development planning of related sectors, resettlement planning etc.

� Collecting documents on landscape, environment and ecology

� Collecting data on the commune's socio-economic conditions

+ Present development of different businesses

+ Average living standard

+ Characteristics in population growth, ethnology, labour, predicted future demands and potentials

+ Reality and distribution of residential areas

+ Reality of infrastructure

+ People's educational background, other conditions.

� Collecting data on land use and management

+ Situation of land management, outcomes of prior allocation

+ Current state of landuse

+ Changes in land

� Collecting legal documents, such as decisions, directives and resolutions socio-economic development of the central and local government.

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1.2.3. Review and evaluation of documents and maps

� Evaluating the quality of maps, records, data; checking commune and village administrative boundaries; and selecting options

� Evaluating natural conditions (advantages, difficulties and their impacts on production and land use and management)

� Evaluating benefits and limitations of natural resources on production and land use and management

� Evaluating strong and weak points in the commune's land use and management, maps, documents and previous Landuse planning and land allocation plans

� Checking communal administrative boundaries and reaching agreements on village boundaries in the commune

Comparing communal boundaries on maps and on the field

The working group shall work with commune and district cadastral staff, commune leaders to compare mapped boundaries (using 364-CP maps) and the field. Cases of inconsistencies must be immediately reported to the District Steering Committee for resolution.

Agreeing on boundaries and resolving village disputes

The working group shall work with communal and village leadership to organise a meeting with a view to resolving land disputes, agreeing on village boundaries, adding boundaries to maps and setting area limits for each village.

1.3. Technical equipment preparation

The working group must be well prepared with technical equipment including stationery, hand compasses, measuring tapes, slope class meters, mapping papers and necessary tables.

1.4. Financial preparation

� The working group shall make a proposed cost statement for Landuse planning, land allocation and landuse right certificates granting to be submitted to CPC for consideration.

� Finance sources: state budget, budget of projects and programs at home and abroad, tax collection from natural forests and local people's contribution.

1.5. Technical training for the working group

Before conducting Landuse planning and land allocation, working groups need to be trained technically in different steps of participatory Landuse planning and land allocation. It is necessary to make training plans, materials and decide on participants, locations, time schedule and financial needs for those training courses. Each district shall open one training course for technical staff (forest protection, cadastral, agriculture, planning, statistics and communal cadastral staff), who will later become trainers for technical training courses in groups of communes. Their trainers shall be staff of provincial agencies. For training courses to be efficient, the number of participants must not exceed 15. At the end of each training, learners are required to develop a communal action plan for Landuse planning and land allocation.

1.6. Meeting to start communal Landuse planning and land allocation

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Participants: CPC leaders, representatives from People's Council, Women's Union, Farmers' Association, commune cadastral, forest protection and agriculture extension staff, heads of villages and co-operatives, heads of production units, members of the working group and the Land Registration Council.

Content: Introducing state policies on Landuse planning and land allocation as well as people's rights and duties in land allocation. Discussing advantages, disadvantages and reality of areas already allocated, outstanding problems and their solutions.

Introducing the district master plan and areas relating to communal land management and discussing the proposed plan for utilisation of different land types in the commune.

Informing the time schedule for Landuse planning, land allocation and landuse certificate granting.

The meeting shall be chaired by the chairman of CPC assisted by the working group.

1.7. Developing implementation plan for communal Landuse planning, land allocation and landuse certificate granting

The working group shall make a proposed plan for implementing Landuse planning and land allocation in each commune to be submitted to CPC for approval and inform villages of detailed plans.

1.8. Outputs of step 1

� Legal documents relating to Landuse planning and land allocation,

� Documents, data and maps,

� Information on natal and social conditions, prior inventory and planning reports,

� Decisions on the formation of committees, working groups, personnel.

II. Step 2: Field survey for data collection and de velopment of current landuse maps

2.1. Village meeting 1:

+ Purpose of the meeting

� Informing people of State and Party policies on land allocation and landuse right certificate granting so that they can understand the purpose, significance and principles of Landuse planning and land allocation. Enough time needs to be spent on discussion and minute making.

� Introducing how to make 3 D models for current village landuse situation.

� Introducing data to be compiled: socio-economic information, population, labour force, ethnic components, area of different land types, productivity, production etc.

+ How to organise a village meeting:

� The working group must discuss with village chiefs location, timing, content and chairman of the meeting before it is held.

� Major items, such as: policies, rights and duties of people who are allocated land should be written on A0 paper.

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� Each household shall have a representative present at the meeting (at least 1 third of them must be women). It is suggested that a village dignitary (village chief or village old man) present the content of the meeting already prepared on A0 paper, preferably in local language for easy understanding and discussion. People shall afterwards discuss and give their comments on items addressed in the meeting. One person must be appointed to note down discussions and people's comments.

� Households are required to declare land areas they are using and additional areas they apply for depending on their working capacity.

� Household owners should be instructed how to fill in application form (which can be simplified by using a village notebook bearing households' signatures in place of application forms)

� The Landuse planning and land allocation schedule needs to be agreed with people so that they can arrange to participate. Some 3 to 5 person can be appointed by the village to work with the working group during the process when necessary.

� The working group shall then instruct villagers how to build a village 3D model using locally available materials (clay, sand or cement), specify names of locations on the model and use different colours to illustrate the current state landuse in the village.

Purpose of 3D model making: Providing villagers with a panoramic view of current landuse of households in the village and helping them to discuss advantages, difficulties and recommend appropriate landuse orientation in the future. (details can be seen in appendix Instructions on 3 D model development)

� It is suggested that an experienced and prestigious person (village chief or village old man) introduce the 3 D model to villagers and guide them to discuss the current state of landuse, name of locations, roads, streams, fallow land, upland fields, forested land etc.

� After an agreement has been reached by all participants, the working group shall visualise the current state, name of locations, boundary lines, waterways, villages and other details on a topographical map scaled 1/10.000. The village meeting normally lasts about 1/2 day with 2 hours for 3D model building and 2-3 hours for discussion on landuse planning.

� Participants can then discuss the beginning and end points of a village transect. The transect can be drawn on an A0 paper by a representative group of knowledgeable people to depict the current state of village landuse.

Purpose of transect drawing: depicting current state of landuse, difficulties, advantages and recommended measures. The transect is drawn on an A0 sheet of paper for easy discussion. The working group can base on villagers' opinions to recommend basic criteria for Landuse planning. (details can be seen in table Criteria for Landuse planning)

2.2. Field survey for current landuse mapping

Together with appointed villagers, the working group shall go out into the field, using compass and 1/10.000 scaled topographical map to illustrate different landuse patterns by "opposite slope" method and add topographical details as well as names of locations into the map. This field-made map can then be compared to the 3 D model and village transect to finalise the landuse planning map.

Afterwards, the working group shall refine data, calculate areas of different land types by square grid nets to be compiled into a statistical form of current state of land types.

(Details can be seen in appendix Survey for Current State of Landuse)

2.3. Evaluation of figures and data collected, current landuse map, existing land area as well as land management and utilisation

There must be an evaluation of compiled data, documents and maps and recommendations for processing and

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completing them to be reported to District Steering Committee.

2.4. Output of step 2

� Minute of the first village meeting signed by the village chief

� A socio-economic statistical table

� A statistical table of current state of different land types

� A current state of landuse map scaled 1/10.000.

� A report on current state of landuse

� A layout of the village transect on A0 paper

� A village 3 D model

III. Step 3: Landuse planning and proposed allocati on plan

3.1. Communes already with landuse plan

In communes where landuse planning has been in place, the working group must review and discuss planning results with villagers. In case of irrationalities concerning Landuse planning and land allocation, opinions of villagers and experts (if available) need to be specified in a report and timely correction measures proposed to the Steering Committee for approval.

3.2. Communes not yet to have landuse plans

The working group shall work with the Commune Land Registration Council to organise the development of future Landuse planning and land allocation through planning activities for each village.

3.3. Requirements for Landuse planning and land allocation

3.3.1 Landuse planning and land allocation must be closely related to population growth and stay in line with population distribution and adjustments in each commune.

3.3.2 The process must carry predictions on landuse for different purposes (agriculture, forestry and production...)

3.3.3 Calculation must be made to ensure balance of land area for different uses (clear distribution of 6 types of land) with special attention to agriculture and forestry land. There are 3 points that need to be taken into consideration in Landuse planning and land allocation.

� Point 1: Priority must be given to ensure sufficient agriculture land for the sake of food security. Landuse planning and land allocation must be carried out in a scientific manner with due attention to production of agricultural, industrial crops and commodities that meet market demands and have potentials to be industrialised. On the other hand, there needs to be a land reserve at least equal to 5 % of the total agriculture area. The remaining area can be planned for forestry and allocated to organisations, households and individuals. Allocation quotas are decided by PPC. Quotas for resettlement regions can be based on locally available land area.

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� Point 2: It is not advisable to impose types of plants on each area in planning maps. The selection of appropriate plants always depends on the following factors:

- Market demand

- Local capacity, labour and financial resources

- Ecological requirements of each area

Therefore, a predominant group of plants should be recommended to each commodity production area.

� Point 3: For communes where groups of communes have been formed, a certain land reserve need to be set aside for developing education, health, scientific and commercial centres in 53 groups of communes of the entire province.

Table 1: Criteria for communal landuse

Current use Criteria Future use Utilisation options Manager

11a Natural timber forests (young, medium, rich, poor)

1/3 from hill top

Sub-catchment

Sloping class >25o

Watershed

(non-timber product harvest)

Demarcation for protection

Agreement among communities

Development of internal regulation

Village communities

Group of households

11b Natural timber forests (young, medium, rich, poor)

1/3 from hill top

Sloping class <25o

Production forest Ditto

Enrichment with plants of high economic value

Village communities

Households

Group of households

11 c

Cemetery forest

Culture and tourism forests

Cemetery forest

Culture and tourism forests

Demarcation for management and protection

Village communities

22 a

Natural bamboo forests

Mixed bamboo and timber forests

1/3 from hill top

Sub-catchment

Sloping class >25o

Watershed



Agreement among communities


Selective harvest

Village communities

Households

Group of households

22b Natural bamboo forests

Mixed bamboo and timber forests

Below 1/3 from hill top

Sloping class <25o

Production forests



Concentrated harvest

Group of households

Households

Community

33 Covered stone mountains

Watershed Management and protection

Village communities

Group of households

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Bare stone mountain

34 Scatteredly covered land (Ic)

Bare land

(IA, Ib)

1/3 from hill top

Sub-catchment

Sloping class >25o

Watershed


Demarcation for regeneration and protection

Agreement on Management and Protection

Enrichment planting

Village communities

Group of households

Households

4a Scatteredly covered land (Ic)

Bare land

(IA, Ib)


Sloping class <25o

Production Enrichment planting, regeneration

Plantation of forest and fruit trees of high economic value

Material production plantation

Households

Communities

44b Scatteredly covered land (Ic)

Bare land

(IA, Ib)


Sloping class <25o

Animal grazing Development of internal regulation on animal grazing

Animal feed plant production

Village communities

44c Scatteredly covered land (Ic)

Bare land

(IA, Ib)


Sloping class <25o

Agriculture cultivation

(annual crops)

Hedgerow plantation

Terrace fields

Promotion of fallow periods

Establishment of gardens & farms

Households

4d Scatteredly covered land (Ic)

Bare land

(IA, Ib)


Sloping class <25o

Land reserve for agriculture production development (5%)

Promotion of fallow periods

Hedgerow establishment

Village communities

5a Plantation land

Watershed Management and protection

Tending

Selective harvest

Households

Communities

5b Plantation land

Production Management and protection

Tending

Harvest

Households

6a Sloping agriculture

1/3 from hill top Watershed Regeneration Village communities

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3.4. Village meeting 2 with discussion on landuse planning and proposed land allocation plan

Further details of landuse shall be added to the current landuse 3D model which villagers made in the first meeting. A technical staff shall restate the conclusion on current landuse and start discussions on future landuse planning. Landuse criteria can then be introduced and planning boundary drawn on the 3D model. The working group shall base on discussions over the 3D model and visualise what have been planned on a topographical map scaled 1/10.000. Discussions shall then focus on how to allocate different types of land in harmony with local conditions (households, groups of households and communities).

Apart from preparing for the meeting as introduced in Step 2, the working group need to put together suggestions of technical staff and farmers' experiences to discuss in details landuse planning and the most efficient uses of agro-forestry land and other land types in the future.

- Forest land: 3 categories of forests are defined based on their uses: special-use, protection and production forests. Landuse planning must make a clear distinction between forested, unforested, protected, regenerated and plantation forest land. In particular, protection forests are categorised into 3 types: very critical, critical and less critical plus production. (661/Q§-TTg)

- Agriculture land: this includes annual food crop production land, reserved land, grazing land, agro-forestry land and industrial plant production land. Agriculture land area is calculated as follows:

� Agriculture land = Food production land + Mixed gardens + Perennial tree production land + Pasture land for animal husbandry + Surface water for aqua-production.

land Sub-catchment

Sloping class >25o

Agro-forestry Forest and fruit tree plantation

Group of households

Households

6b Sloping agriculture land


Sloping class <25o

Agro-forestry

Land reserve

Hedgerows establishment

Making terraced fields

Fruit tree gardens

establishment

Promotion of fallow

Households

77 Gardens

Residential land

1/3 from hill top

Sub-catchment

Sloping class >25o

Home gardens

Residential areas

Application of erosion control and soil improvement measures

Combination with forestry crops of high economic values

Households

88 Home gardens


Sloping class <25o

Home gardens Fruit tree planting Households

89 Production land

Production land Villages and communes

810 Non-used land

Used in the future Villages and communes

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In which: Food production land = Annual food tree production land + Inter-cropping land +Reserved land for agriculture production. Annual food crop production land = Total number of pers x 360kg/pers/year Average productivity in terms of rice/ha. Inter-cropping land is rated at 50% of annual food tree production land.

- Residential land

+ Housing land

+ Gardens

- Others (see appendix)

Land allocation quotas can be discussed with households on the basis of the landuse plan, locally available land area and local population. Proposed allocation methods of different land types must show their relevance to local conditions.

After the meeting, a list of households and individuals applying for landuse rights and land allocation must be made.

The working group shall take minutes of discussions and proposed allocation plan as a groundwork for developing the Landuse planning and land allocation plan.

3.5. Draft mapping of village landuse planning

Based on the agreed landuse planning 3D model, the working group shall put future landuse boundaries into a 1/10.000 scaled map and help villagers to make a meeting minutes including landuse planning details and proposed land allocation plans signed by the village chief. Then, land area and planned area of different land types for each village can be calculated and put on a statistical table. Communal landuse planning maps and data are an aggregation of village planning maps and data. Afterwards, the communal landuse planning and proposed allocation plan can be noted down (see suggested format in appendix).

3.6. Workshop on Landuse planning and land allocation plans

Participants : Same as in Land Registration Council

Description : The working group makes a report of communal landuse planning and proposed allocation plans, obtain suggestions and opinions to finalise the map and other documents to be submitted to DPC for approval (see appendix 5 for procedures of submission for approval)

3.7. Landuse planning and land allocation plan approval

DPC shall issue a decision on approval for communal proposed plans after considering the needs of organisations, households and individuals as contrasted communes' land potential and district planning.


� The 2nd villagers' meeting minutes signed by village chief

� Lists of applications for land by households and individuals

� A statistical table of landuse planning area

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� Landuse planning and land allocation plan

� A decision to approve communal landuse planning

IV. Step 4: Field allocation

With its Landuse planning and land allocation plan already approved by DPC, CPC shall conduct land allocation for organisation, households and individuals on the field with the working group's assistance. That's why the working group must agree with villagers in the second village meeting on proposed plan of allocation for each area so that they can arrange to join the working group on the allocation day.

4.1. Agriculture land allocation

4.1.1. Wet paddy land allocation

� As for wet paddy areas already allocated under government decree 64-CP, existing data and maps can be used. In case of inconsistencies between records, maps and reality, remeasurements must be made with compasses, maps and measuring tapes to finalise the shape of plots

� As for wet paddy areas not yet allocated: With the Landuse planning and land allocation plans approved by DPC, the working group shall, in presence of concerned households and individuals, use maps, hand compasses and measuring tapes to take measurements of each plot, make land allocation minutes on the field and later compile cadastral documents for landuse right certificates.

4.1.2. Allocation of upland for agriculture production

� As for annual food tree production land, inter-cropping land, mixed gardens, perennial and industrial plant production land, the working group shall, in presence of concerned households, use maps, hand compasses and measuring tapes to identify each plot's boundary, shape, location and area and make field minutes as well as other cadastral documents for landuse right certificates.

� As for pasture land used in husbandry and reserved land for agriculture production: The working group shall, in presence of a village representative (probably a village chief), take measurements of plots on the field with "opposite slope" method and compile documents of land allocation to village communities and village management boards for use and management.

4.2. Forest land allocation

� Areas designated as special-use and protection forests (very critical, critical areas and traffic corridors) include forested and non-forested land. The working group, accompanied by project owners, organisations or management boards, shall use maps and hand compasses out in the field to identify boundaries and areas of allocated plots and draw the shape of those plots in a preliminary map with "opposite slope" method based on topographical features and objects. Afterwards, cadastral documents for land allocation to organisations and management boards can be made.

� Areas designated as critical watersheds for villages and communes that are not large enough for management boards to be set up shall be allocated to groups of households, village communities for management.

� Areas designated as cemetery, culture and tourism forests shall be allocated to communities for management and protection.

� Forest land designated as less-critical protection or timber production forests shall be allocated to households and individuals with the provision of landuse right certificates.

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� As for natural forests and those planted by state budget (not included in categories of very critical, critical and special-use forests), the working group shall proceed with allocation procedures for organisations, group of households, households and individuals. In presence of household owners, group leaders, village chiefs, they shall go out in the field, marking and drawing the shape of plots on the map based on topographical features and objects (hilltops, crevices, big trees). Allocation minutes shall then be drawn up. Groups of households, households and individuals shall mark the boundary of their plots themselves. The working group shall help them to compile cadastral documents and grant them with landuse right certificates for protection and management.

� Forested land invested by individuals and households can be allocated at their request with simple demarcation on maps.

� Unforested land, which includes pasture land (Ia), bare land dotted with shrubs (Ib), bare land covered with scattered timber trees and regenerated trees (Ic), (unincluded in categories of very critical and critical protection forests), can be allocated based on village land area and household agreements. The working group shall go to the field, using topographical maps and compasses to draw the shape of plots on the map and make minutes to allocate them to households and groups of households. Maximum area each household is 10 ha. Households are responsible for marking boundaries between plots. Allocation documents can then be made and landuse right certificates granted.

4.3. Residential land allocation

The working group shall mark plots households are living on the map before using compasses and measuring tapes to take measurements and compile documents formalising their landuse rights.

4.4. Making land allocation maps and calculating allocated area

The working group shall base on field maps to adjust, numerize each plot and use technical papers and square grid nets to calculate the area of each plot. A statistical table can then be made showing allocated area, list of households and groups of households who are allocated land.

Upon completion of land allocation for all villages in the commune, the working group shall start making a communal allocation map by combining village allocation maps.

4.5. Contractual forest protection

Based on the provincial classification of forests into 3 types (production. special-use and protection forests), the working group, in presence of project owners and management boards, shall identify boundaries on the field with the use of a topographical map and proceed with landuse right certificates granting procedures for project owners and management boards according to plan.

On receiving landuse rights, project owners and management boards of special-use and protection forests can start hiring designers to allocate land to households and individuals on a contractual basis with protection and management economic contracts. (see appendix for guideline on forest protection and management)


� Field allocation minutes

� A list of households and their allocated area

� A table aggregating allocated land types in all villages of the commune

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� Village allocation maps (draft)

� A commune allocation map

4.7. Checking and evaluating field allocation results

This shall be done by the Cadastral Division and Forest Protection Station. The checking results must be written in a report certified by CPC.

The working group shall report to the Cadastral Division and Forest Protection Station, who represent the District Steering Committee, as well as the Communal Land Registration Council and the District Steering Committee on the evaluation of map quality and field allocation data.

4.8. Landuse right registration

The working group shall instruct land owners to make applications for landuse rights using the official application form issued by the Cadastral General Department.

The process of registration for landuse rights is conducted in villages. Registration documents shall be sent to CPC for compilation. Afterwards, the Land Registration Council shall consider all applications and record results in written forms, which shall then be referred to CPC for consideration before being submitted to DPC for approval.

(See appendix for steps of application, consideration and landuse right certificates granting)

VI. Step 5: Appraising, approving documents and gra nting landuse right certificates at district level

5.1. Document appraisal

After Landuse planning and land allocation has been completed, the Communal Steering Committee (assisted by the working group) shall compile all planning and allocation documents of the commune and review their number, content and legality.

� The Cadastral Division and Forest Protection Station shall appraise all documents referred and appraisal results shall be recorded in written form.

� Upon completion of appraisal, the Cadastral Division and Forest Protection Station shall make a proposal to DPC for consideration and approval including a list of qualified and unqualified cases with recommendations on how to handle these cases properly.

� CPC shall rely on the proposal and appraisal documents by Cadastral Division and Forest Protection Station to consider approving and granting landuse right certificates to qualified households and individuals. At the same time, DPC shall submit to the Provincial Steering Committee for appraisal and PPC for approval to grant Landuse right certificates to organisations (management boards, agro-forestry farms etc.) within its authority.

5.2. Submission for approval

� Based on appraisal minutes, the Cadastral Division shall draft a decision to be submitted to the Chairman of DPC to grant landuse right certificates to qualified households and handle violations. (with a list attached)

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� Proposal by CPC to grant landuse right certificates to qualified households and handle unqualified cases,

� Appraisal minutes by Cadastral Division and Forest Protection Station ,

� After Cadastral Division and Forest Protection Station have come up with satisfactory appraisal results, the Cadastral Division shall computerise all plots, their areas, land types of qualified households with the data processing software developed by the Cadastral General Department. (see detailed instructions by Cadastral Department),

� Landuse right certificates signed by the chairman of DPC,

VI. Step 6: Compiling cadastral documents, checking , calculating cost and handing over landuse right certificates to households

6.1. Compiling cadastral documents

Cadastral documents shall be compiled DPC's decision on landuse right certificate granting.

Outputs of step 6:

+ A table aggregating statistics on the commune's land

+ A land declaration book

+ A cadastral book

+ A landuse right certificate granting book

+ Other cadastral documents

(See attached appendix)

In the case of computerised document set-up, the above items can be printed out by proper computer commands.

6.2. Duplicating documents as required

The working group shall duplicate documents as required to be handed in.

6.3. Submitting books and documents to competent authorities for recognition

Within its authority and duty, the Cadastral Division shall carry out procedures in submitting books and documents to DPC for recognition in accordance with regulations of the Cadastral General Department.

6.4. Handing over required documents and landuse right certificates to households.

The following items shall be handed over by the working group:

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� A set of documents shall be given to the Cadastral Filing Centre (under Cadastral Department) for documentation.

� A set of documents shall be handed over to district and town Cadastral Divisions for monitoring and adjusting to land changes.

� A set of documents shall be given to commune cadastral staff for monitoring and adjusting to land changes together with all the landuse right certificates already approved by DPC to be handed over to households, groups of households and individuals.

� The Communal Land Registration Council shall, within its authority, organise the handing- over of landuse right certificates to groups of households, households and individuals.

6.5. Checking outputs and settling costs

� The Cadastral Division shall check the outputs of every commune.

� The Cadastral Department shall check the outputs of every commune after the Cadastral Division has done so.

� The Cadastral Department shall settle costs with the Cadastral Division.

Part 3:

APPENDICES

Appendix 1: Guideline on Present Landuse Survey, maps

Appendix 2: Guideline on People's Participation in Landuse planning and land allocation

Appendix 3 : Guideline on Communal Landuse planning and land allocation

Appendix 4: Guideline on 3D model making and village transect drawing

Appendix 5 : Appraising, submitting for approval, finalising cadastral documents and granting landuse right certificates

Appendix 6: Guideline on Contractual Forestry Land Allocation in accordance with Decree 01-CP.

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