Inspection and Supervision of the Implementation of the Forest Environment Lease Contract at the National Park Research


In case of other organizations or individuals, the new legal entity must comply with the approved Plan and re-sign the contract. The lease term is the remaining term of the previous Contract, the lessee must bear all costs arising when transferring the contract. In the term regulations, Ba Vi National Park has determined the lease term, the evaluation term and the basis for re-signing the contract for enterprises that lease the forest environment. This is a very important issue because the lease term is long and relatively sensitive because it is linked to leasing the forest environment with leasing land.

- Location for forest environment rental :

To implement the forest environment leasing policy, Ba Vi National Park has carried out detailed planning in the Park, including planning of forest environment leasing locations to ensure attractiveness to lessees while not affecting conservation functions. The forest environment leasing locations are regulated by Ba Vi National Park to be implemented in ecological restoration subdivisions, adjacent to tourist areas on land managed by the locality to create landscape spaces for visitors to visit and learn about nature. The forest environment leasing locations are regulated to be in the correct location and area approved by competent authorities according to the approved planning. The locations for leasing the environment for ecotourism business can be:

+ Scenic spots with cultural and historical values, rich and diverse forest flora and wild animals.

+ The area has an ecosystem capable of serving a certain number of visitors, does not affect conservation functions, does not pose threats to indigenous culture, is safe for visitors, and does not affect national security or social order.

- Determine the level of environmental impact:

Ba Vi National Park stipulates that enterprises must have a project to lease the forest environment approved by competent authorities. This must include a commitment to comply with environmental protection regulations, not have negative impacts on the environment, not cause noise or use toxic chemicals to the environment. The impact level must not exceed 15% of the total leased area, the area allowed to be converted must not exceed 3% (from the 400 m


There are not many construction works, there are no construction works with height over 3 floors (12m) in the forest, so they should be concentrated in the administrative - service subdivision.

- Price and payment method:

The price in the contract is regulated according to the price approved by the State agency. If there is any change in policy, both parties will comply with the regime and policy issued by the State. The rental fee is calculated for each location according to the rental area and rental price. The payment method can be selected in many forms such as paying once a year in the first quarter of each year or once for the entire contract term. Prepayment will be reduced in rental price.

- Resolve related assets:

The forest environment lease contract stipulates that the entire forest area and other forest resources on the leased area belong to the State. The assets invested by the lessee will be owned by the lessee, and the handling of these assets will be agreed upon by the parties in accordance with the provisions of law. Disputes between the two parties during the implementation of the contract will first be resolved through negotiation, and in case of failure to reach an agreement, they will be resolved in accordance with the provisions of law.

- Rights and obligations of each party:

In the Forest Environment Lease Contract between Ba Vi National Park and the forest environment lease units, the rights and obligations of each related party are determined as follows:

+ For the lessor (Ba Vi National Park)

Ensure the right to manage and use the forest environment according to the approved plan for the lessee, do not transfer the right to manage and use the forest environment in this area to other organizations or individuals without the lessee's consent. Determine the correct area, location and boundary of the leased land, the area affected for ecotourism activities, and construct infrastructure works serving ecotourism on the map and in the field. Assess the current status of forest resources: density, reserves, crop structure and works on the land area. Create favorable conditions for businesses renting the forest environment to carry out ecotourism business activities in the leased area. Check and urge the lessee to perform the contract to ensure compliance with the provisions of the Land Law, the Law on


BV&PTR, Regulations on management of special-use forests and approved plans. Guidance on technical measures on management, BV&PTR for lessees and consulting on ecological environmental education.

+ For units that rent forest environment

To use the entire leased natural area to create an ecological environment for its business and service purposes in accordance with the plan for using the special-use forest environment to develop ecotourism combined with forest protection and development approved by the Ministry of Agriculture and Rural Development and the terms stated in the contract. To create a landscape space for ecotourists to enjoy and explore nature, adventure tourism, entertainment associated with forest protection. To establish a service system suitable to the terrain and land conditions at each leased environmental location for investment and construction according to the design approved by the competent authority. To be subject to inspection by the lessor and to properly implement the technical content of forest protection, afforestation, construction of infrastructure works, setting up landmarks, making signs as instructed by the lessor. To use 3% of the total leased forest environment area to build architectural works, infrastructure, and rest stops. Inherit and transfer the contract when all conditions are met in accordance with the provisions of law and the acceptance of the new legal entity by the lessor. Create more jobs, contributing to improving the income of local people. Enterprises renting the environment together with the State invest capital to establish forests serving ecotourism in the rented area, ensuring sustainable development and conservation of the Park's forests.

In summary, Ba Vi National Park has identified the basic criteria in the forest environment lease contract, but these criteria are only qualitative in nature, so when implementing the forest environment lease policy, there are still many difficulties and negative impacts that may occur that affect the results of the forest environment lease activities of the Park. In addition, the regulations on handling related assets are still general, there are no specific regulations, so in practice, the Ba Vi National Park Management Board does not have a basis to evaluate assets and handle assets during the implementation of the forest environment lease policy.


e) Results of signing contracts between the National Park and forest environment rental units

Since implementing the forest environment leasing policy in 2002, Ba Vi National Park has selected 6 qualified units to lease the forest environment and has determined the field boundaries for all 6 companies. However, up to now, Ba Vi National Park has only signed contracts with 2 units, Viet My Technology Company and Binh Minh Investment and Tourism Joint Stock Company. One reason for the delay in signing contracts between the National Park and tourism companies is that the contractual constraints are not tight, there is no coordination between the National Park and local authorities, and the financial potential of the leasing companies has not been accurately assessed, etc.

After signing the contract, the units invested in B&DTR on the leased area, implemented ecotourism business activities, did not change the purpose of use, did not harm forest resources, .... In particular, the awareness of tourism companies about the landscape value of forests in ecotourism business has changed significantly because it greatly affects the achievement of the company's business goals. In recent years, companies that lease forest environments have invested their own capital to plant forests on the leased vacant land, take care of and protect the forests, increase forest coverage, contribute to protecting the ecological environment, preserving gene sources and biodiversity of Ba Vi National Park, creating a landscape environment for ecotourism activities. In addition, every year, tourist areas also spend a regular budget to maintain a specialized team for forest protection and fire prevention, and build landmarks to protect forest resources in the leased area .

The research results show that tourism companies have complied with the commitments in the Contract such as planting area, conservation of resources and landscape, area for infrastructure construction. The company renting the forest environment has reserved a part of the area to build trails, rest stops,... all tourism facilities are built on vacant land.



3.4.4. Inspection and supervision of the implementation of forest environment lease contracts at the research national park

Ba Vi National Park has assigned the Park Forest Ranger to directly inspect the implementation of forest environment lease contracts at units that have signed contracts with the Park. The inspection contents include:

+ Checking the implementation according to the planning content of the Park: The lessee is allowed to use the special-use forest environment to combine ecotourism activities and must comply with the planning content of the Park. When units carry out construction works or activities within the scope of the Park, they must ask for opinions and get approval before implementing.

+ Check the technical content of forest protection, afforestation and construction of infrastructure works according to the signed contract. In order to control the activities of companies renting forest environment affecting forest resources, the Park Management Board has assigned the Forest Ranger Department to be the unit responsible for supervising and directly participating in the work of renting forest environment, and at the same time, have an annual report on the situation of forest environment rental activities in the area. Every year, the Forest Ranger must have a written report on the situation of forest environment rental activities in the area. When problems arise, they must immediately report to the Park leadership for solutions.

However, the companies that rent forest environments for ecotourism activities are spontaneous, so the Park must regularly organize, evaluate the implementation results and clearly define boundaries for each enterprise, to both meet the conservation goals, ensure the development of ecotourism and contribute to the socio-economic development of the locality.

3.4.5. Results of implementing the forest environment leasing policy at Ba Vi, Tam Dao and Ben En National Parks

3.4.5.1. Ba Vi National Park

a) Number of units renting forest environment at Ba Vi National Park

After the pilot project was approved, Ba Vi National Park agreed to let 6 pilot units rent forest environment on the same area previously assigned for forest protection. In fact, Ba Vi National Park has only signed contracts with 2 companies.



Table 3.4. Number of units allowed to rent forest environment at Ba Vi National Park


TT

Unit

Rental location

Business content

Capacity

1

Ao Vua Tourism Joint Stock Company

Bat village, Tan Linh commune, Ba Vi district; manager of Ao Vua tourist area

Rest, have fun, explore nature, climb mountains, visit historical and cultural relics...

Number of rooms: 86 rooms.

- Entertainment area: 2 swimming pools, 1 bird garden, 1 zoo.

2

Cuong Thinh Trade Tourism Company

Head office 135 Son Loc ward, Son Tay town; managing Tien Sa Lake area

Relax, have fun (boat racing, fishing, windsurfing, slides...) and explore nature, climb mountains.

Number of rooms: 60 rooms.

- Amusement park: 3000m2 water park ; build a reservoir with a lake surface area of ​​20 hectares

3

Binh Minh Construction and Tourism Joint Stock Company

Thanh My Commune, Son Tay Town, manages Thien Son - Suoi Nga tourist area

Rest, entertainment, mountain climbing, exploring nature, learning about ethnic cultures

Number of rooms: 20 rooms.

- There is an entertainment area such as a lake, swimming pool, roads around the tourist area...

4

Company

Vietnamese - American Technology

Van Hoa Commune, Ba Vi District, manages Thac Da Tourist Area

Rest and entertainment, explore the natural environment, learn about the cultural identity of ethnic groups; serve scientific seminars

Number of rooms: 35 rooms.

- There are 01 swimming pool, 2 stages, slide, market and shopping center, sports area...

5

Khoang Xanh - Suoi Tien Tourism Company

Chau Hamlet, Khoang Xanh Village, Van Hoa Commune, Ba Vi District, is managing Khoang Xanh tourist area -

Fairy Stream

Rest and entertainment, mountain climbing, visiting relics and exploring the natural environment, learning about cultural identity

ethnicization

- The company has 50 rooms.

- Built entertainment areas such as 2 water parks including mountain climbing, stream bathing, yachting, water sliding...

6

Suoi Mo Tourism Company

Quyt Hamlet, Yen Bai Commune, Ba Vi District, Suoi Mo Tourist Area Manager

Relax, have fun, climb mountains, explore nature, learn about the cultural identity of local ethnic groups...

- The company has 8 motels.

- Has a 3,000m2 campus , is opening a new water park and a security manager house.

Maybe you are interested!

Inspection and Supervision of the Implementation of the Forest Environment Lease Contract at the National Park Research

Source: General data

Of the 6 companies that are renting forest environments for ecotourism business, 2 are doing well in their business activities: Ao Vua Tourism Joint Stock Company and Khoang Xanh - Suoi Tien Tourism Company. The number of visitors to these 2 tourist areas is relatively large, sometimes exceeding the capacity of the tourist areas. Cuong Thinh Commercial Tourism Company


and Binh Minh Construction and Tourism Joint Stock Company, Viet My Tourism Company is still in the basic construction investment phase, there are not many technical facilities to carry out business activities, so the number of visitors to the tourist area is still low. In particular, Cuong Thinh Commercial Tourism Company has a leased area mainly of planted forests, which affects the attraction of tourists. In addition, in the leased area of ​​Cuong Thinh Company, land disputes often occur, so the Company encounters many difficulties in carrying out the task of B&DTR. Suoi Mo Tourism Company is a company with not many tourism facilities while the land area without forests is very large (142.1 hectares), so this is the company with the worst business performance.

b) Area and location of forest environment for lease at Ba Vi National Park

The total area that ecotourism zones lease forest environment in Ba Vi National Park is 743.4 hectares, including natural forest, planted forest and land without forest. However, in the leased area, mainly planted forest and bare land account for over 70% of the total leased area. With the bare land area, the leasing units must spend money to plant forests, in addition to the cost of forest protection. Due to different leasing locations, the structure of this land area changes depending on each location. Different leasing locations and land structures are factors that greatly affect the business activities of tourism companies.

Table 3.5: Summary table of forest environment rental areas for businesses in Ba Vi National Park

TT

Unit name

Total natural area (ha)

Divide (ha)

Natural forest

Planted forest

Vacant land

1

Thac Da Tourist Area

71.0

45.1

20.1

5.8

2

Thien Son-Suoi Nga Tourist Area

252

91.7

108.4

51.9

3

Ao Vua Tourist Area

107.5

0.0

107.5

0.0

4

Khoang Xanh-Suoi Tien Tourist Area

111.2

52.6

35.2

23.4

5

Suoi Mo Tourist Area

147.4

0.0

5.3

142.1

6

Tien Sa Lake Tourist Area

54.3

0.0

54.3

0.0

Total

743.4

189.4

330.8

223.2

Proportion

100

25.48

44.50

30.02

Source: [34]

c) Revenue from ecotourism activities at Ba Vi National Park

The forest environment leasing policy has contributed to generating revenue for the National Park and non-state sectors through revenue from ecotourism activities.


In addition to direct revenue from organizing ecotourism business activities, the National Park also has additional revenue from forest environment rental activities paid annually by the units receiving forest environment rentals. Revenue from forest environment rental activities has only started since 2008 (after 6 years of implementation) because the forest environment rental price has not been determined. Revenue from forest environment rental activities is determined based on the rental area and rental price approved by the Ministry of Agriculture and Rural Development. In 2008, the actual revenue was much lower than the estimate. Since 2009, due to good business results of the rental units and due to awareness of the role of forest environment in their tourism business activities, the rental companies have fully paid the forest environment rental fee to the National Park, so the revenue from forest environment rental in Ba Vi National Park has tended to increase.

Unit: Million VND


Figure 3.6. Revenue from forest environment rental activities at Ba Vi National Park

Source: [46]

In 2008, the Garden's revenue from leasing 743.4 hectares of forest in the ecological restoration zone was 304.09 million VND/year (the absolute value also depends on the CPI coefficient of change announced by the State annually). The total amount of money the Garden earned after 4 years (2008 - 2011) from leasing forest environment was 1,582 million VND. The increase in revenue has helped the Garden improve the lives of employees and reduce State investment costs. However, the revenue from leasing forest environment still accounts for a small proportion, not commensurate with the Garden's potential.

In addition, thanks to the forest environment leasing policy, it has contributed to increasing revenue for tourism companies in the area. Revenue from eco-tourism of the units leasing the environment

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