Land Policy for Ethnic Minorities in Vietnam

1. Land Policy for Ethnic Minorities in Vietnam NGUYEN DO ANH TUAN Center for Agricultural Policy (CAP/IPSARD) Email: ndatuan@cap.gov.vn

2. CONTENT • To describe livelihood situation, land use and management of ethnic minorities • To analyse land policy and legal issues for ethnic minorities • To propose policy recommendations to ensure equality and efficiency in land access and land use of ethnic minorities

3. The Platform of the XIth Congress of VietnamCommunist Party • “Implementing policies for fairness, solidarity, respectfulness and helpfulness among ethnicities; provide the most favorable conditions for all ethnicities to develop together, in closely linkage to the unified development of the national community of Vietnam. Preserve and promote cultural identity, language, beautiful tradition of every ethnicity. Prevent any ideological discrimination and ethnic division. Socio-economic policies must be appropriate/ suitable to specific conditions of regions and ethnicities, especially for the ethnic minorities”.

4. Population Distribution and Poverty Rate of Ethnic Minorities Source: GSO- WB

5. Poverty Rate and Contribution of EMs (%) Source: GSO- WB

6. Risks of Rural Households Source: VARHS– IPSARD/DANIDA

7. Measures to Cope with Shocks (%) Source: VARHS– IPSARD/DANIDA

8. Farm Size in 135 communes (m2) Source: UNDP

9. Land Use and Management of EMs under Programs 132/134/1592 in Daklak • People were allocated land but then sold it and want to be re-allocated at second time, these transactions are popular and informal. • Land disputes occur quite frequently in two forms: - Land disputes between ethnic minorities and enterprises - Land disputes between households (EMs versus Kinh, and between groups of EMs). • Lack of land fund for program implementation

10. Land Use and Management of Ems underDecision 74 in Soc Trang • 70% of household was allocated resident land, but only 23% of household was allocated production land • Resident land: support mainly through relatives or land conversion from low quality production land • Production land: unfavorable for agriculture production (low quality, difficult location) • Average land area is too small for the needs of households

11. Baseline Scenario without Policy Intervention Community land Community organization Shifting cultivation Backward production technology Self-sufficiency Weak infrastructure Forestry resource Difficult terrain

12. Initial Policy Scenario Weak capacity of authorities Agitation from outside Loss of community-based production Allocate land for HH Enterprise development Land loss and shifting cultivation Social instability Inappropriate farming system Poverty Land transaction Income growth Business development Poor infrastructure Loss of forestry resources Commercial farm development Migration Allocate land for State-owned farm Hydropower, mining Poor EMs in other regions Industrial crop development

13. Current Policy Scenario Officials from outside Agitation from outside Loss of community-based production Low quality land Allocate land for HH Enterprise development Land loss and shifting cultivation Social instability Inappropriate farming system Poverty Unsuitable extension Land transaction Income growth Business development Dependency Infrastructure support Loss of forestry resource Low education, custom Commercial farm development Migration Irrecoverable land from State-owned farm Hydropower, mining Subsidies Poor EMs from other regions Industrial crop development

14. High quality land with LURS Attract capable staff Agitation from outside Innovation Policy Scenario Community-based production recovered Stable land allocation Commercial farm development Sedentary cultivation Reduce conflict Suitable farming system Livelihood improvement Suitable extension Business development Non-agricultural employment Active participation Develop infrastructure Develop forestry economy Attract private investment Improve education level and preserve cultural identity Migration Recover land from State-owned farm Selective hydro-power, mining Livelihood support Poor EMs in other regions

15. Resolution 19-NQ/TW - No 6 CPV Meeting on Land Issue • "Continuing allocation and leasing of agricultural land to households and individuals in longer period than the current regulations to encourage farmers paying more attention to land and investing in production. At the same time, expanding the limit of agricultural land use right transfer in accordance with the specific conditions of each region and each period in order to create favourable conditions for land accumulation and concentration, gradually forming the large-scale commodity production in agriculture. Creating solutions quickly to meet the needs of production land and jobs for landless EMs. "

16. Recommendations of International Donors to Revise Land Law 2003 "Strengthening recognition land use and management according to the local custom of ethnic minority communities in land allocation, planning and policy formulation, including the establishment of the legal framework and criteria for the issuance of LURC for the communities. "

17. Viewpoint • Ensure the equality in land access and land use for EM people. • Respect the traditional values and characteristics of EM people. • Enable ethnic minorities to adapt and get benefits from market mechanism, and reduce pressure of social unrest.

18. Recommendations • Land Law 2003 Revision • Policy: Hydropower and mining • Policy: State-owned farm • Policy: Land support for ethnic minorities

19. Draft of Revised Land Law 2003 • Supplement to Article 11: Prohibited activities: land transactions for agricultural land supported to the poor and EMs. • Supplement to Article 35: Principles of planning, land use planning: Ensure land for ethnic minorities to have stable life and production • SupplementtoArticle 41: Responsibility for land use planning: Need to integrate the responsibility of CEMA, the EMs management agencies

20. Draft of Revised Land Law 2003 • SupplementtoArticle 51: Land acquisition to use for national defense, security, national and public benefit and socio-economic development: For the case of land acquisition for socio-economic development must be have the consensus of 85% land users. • SupplementtoClause 1, Article 52: in case of landacquisitionduetoLandLawviolation: …. includinglandwasallocatedforthepoor and EMs…

21. Draft of Revised Land Law 2003 • Supplement to Clause 1, Article 59 on foundation of land allocation, land lease and land conversion:…need of land for stable life and production of EMs, prioritize land management right for communities • Supplement to Article 72: Arrange resettlement for pepple who are withdraw land: Resettlement base on customs and livelihood of EMs.

22. Hydropower and Mining Development Policies • Stop licensing for small-scale hydropower and mining in EM areas. • Revoke licenses of inefficient and polluted hydropower and mining projects • For large hydropower and mining projects requiring land acquisition: extract revenue directly of the project to support livelihoods and social-economic development in EM areas until they have stable and sustainable life; to recover the environmental losses due to the negative impacts of hydropower development and mining • Assign local communities and authorities to license and supervise the operation of business on land acquisition for hydropower and mining projects • Consider fully livelihood, resident characteristics and land management of EMs when conducting land acquistion, compensation and resettlement.

23. State-Owned Farm Reform Policies • Speed up the evaluation of State-owned farms and determine to recover inefficient land of State-owned farm. • Allocate land to the EMs communities and individuals depending the characteristics of livelihood, residence and land management of EMs. Prohibit purchase/sale or lease of such land within 50 years • Complete and free issue of LURC to EMs with full land use planning and land profiles as soon as possible.

24. Land Support for EMs Policies • Short-term: Continue to implement residential and production land support policies for EMs if land fund is still available: Decisions No 1592/QĐ-TTg, No 74/2008/QĐ-TTg, No 33/QĐ-TTg, No 1342/QĐ-TTg. • In the areas without limited land fund such as Mekong River Delta: Move from production land support policy to employment policy. • Long-term: Production and residential land support policies must be entirely changed into livelihood support policies.

25. Land Support for EMs Policies • Identify right persons who need resident and production land supports; improve inspection and supervision system. • Complete land cadestral, mapping and LURC issuing for EMs as soon as possible. • Formulate livelihood support policies along with land support policies. Increase the levels of support consistent with market price. • Unify EMs land policy monitoring management and functions into one agency.

26. THANK YOU! • NGUYEN DO ANH TUAN • Center for Agricultural Policy (CAP/IPSARD) • Email: ndatuan@cap.gov.vn