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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No.: 75/2015/ND-CP
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Hanoi, 09
September 2015
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DECREE
ON MECHANISM AND
POLICY OF FOREST DEVELOPMENT ASSOCIATED WITH THE POLICY ON SUSTAINABLE AND
RAPID POVERTY REDUCTION AND ASSISTANCE TO ETHNIC MINORITIES FOR THE PERIOD 2015 – 2020
Pursuant to the Law on Organization of
Government dated 25/11/2001;
Pursuant to the Law on Forest Protection and
Development dated 03/12/2004;
At the request of the Minister of Agriculture
and Rural Development
The Government issues this Decree on mechanism
and policy of forest development associated with the policy on sustainable and
rapid poverty reduction and assistance to ethnic minorities for the period 2015 – 2020.
Article 1. Scope of adjustment
This Decree provides for the mechanism and policy
on encouraging forest protection, regeneration, afforestation, non-wood forest product development, income
improvement associated with policy on sustainable and rapid poverty reduction
for the period 2015 – 2020.
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1. The poor households of ethnic
minorities and Kinh households stably living in communes with difficult social
- economic conditions (region II and III) of ethnic and mountainous areas under
the criteria stipulated by the Prime Minister, implementing one of the
activities for protection and development of forests: protection and
regeneration of natural forests; afforestation, non-wood forest trees on land planned for
forest development and allocated by the State for forest protection on
contracts.
2. The hamlet population
communities are allocated forest as provided for in Article 29 of the Law on
Forest Protection and Development and Article 54 of the Land Law, in the
communes with difficult social-economic conditions (region II and III) of the
ethnic and mountainous areas under the criteria specified by the Prime Minister
to implement forest protection assigned or contracted forest.
3. Other relevant
organizations and individuals.
Article 3. Assistance to contracted forest
protection
1. Forest protected on
contract:
a) The forest area allocated
to the management Board of special-use forest and protection forest;
b) The special-use forest and
protection forest are the natural forest allocated to the forestry companies by
the State for management;
c) The forest area not yet
allocated or leased under the management of People’s Committee of commune, ward
and town (referred to as communal People’s Committee).
2. Assistance to subjects and limit of contracted forest protection:
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b) The limit of contracted
forest area provided with assistance in accordance with the provisions in
Clause 3 of this Article is a maximum of 30 ha/household.
3. Interests and responsibilities of contracted persons:
a) Receive an amount for
contracted forest protection of 400,000 dong/ha/year;
b) Receive benefits from
forest and take responsibility for forest protection under the current
regulations of law of state.
4. Responsibilities and power of contracting persons:
a) The management Board of
special-use forest and protection forest, forestry companies and communal
People’s Committee managing the forest subjects specified in Clause 1 of this
Article shall implement their responsibility and power of forest owner in
accordance with regulations of law on forest protection and development.
b) Make estimate, organize
inspection and monitoring and make timely assistance payment as stipulated
under Point a, Clause 3 of this Article to the contracted persons.
Article 4. Assistance to forest protection and
regeneration with additional plantation
1. Forest subject: Protection
forest and production forest as natural forest.
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a) The households specified in
Clause 1, Article 2 of this Decree implementing the allocated forest
protection, regeneration and additional plantation;
b) The hamlet population
community specified in Clause 2, Article 2 of this Decree implementing the
protection of allocated forest.
3. Assistance rate:
a) The assistance rate of
forest protection is 400,000 dong/ha/year;
b) The assistance to
additional plantation and assistance under the design – estimate with a maximum
of 1,600,000 dong/ha/year in the first 03 years and 600,000 dong for the next
03 years. The chairman of provincial People’s Committees shall decide the
specific assistance rate consistent with the actual conditions of localities.
4. The responsibilities and
interests of the households and hamlet population community entitled to policy
on forest protection and regeneration shall comply with the regulations of law
on forest protection and development.
Article 5. Assistance to production forest
growing and non-wood forest product development
1. The forestry land area
planned for development of production forest stably and long allocated to
households shall be provided with one-time assistance for the first cycle for
the production forest growing with trees for timber and non-wood forest trees.
2. The assistance rate from
5,000,000 to 10,000,000 dong/ha to buy the seedling, fertilizer and a portion
of fees for employees in cash for growing trees for timber and non-wood forest
trees depending on the business cycle of tree species under the design and
estimate. The chairman of provincial People’s Committee shall decide the
specific assistance rate in accordance with the actual condition of localities
and design and estimate.
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Article 6. Assistance to protection forest
plantation
The area of forestry land planned for protection
forest plantation allocated to the households shall be funded by the State
under the design and estimate for forest plantation, care and development and
entitled to benefits from forest in accordance with regulations of law on
forest protection and development.
Article 7. Rice subsidy for afforestation
instead of burnt-over land
The poor households involved in afforestation specified
in Article 5 and 6 of this Decree shall be subsidized 15kg of rice/person/month
or an amount of money equivalent to 15 kg of rice/person/month at the time of
subsidy during the time of less self-sufficiency of food. The chairman of
provincial People’s Committee shall decide the rate and time of subsidy but not
more than 7 years.
Article 8. Credit policy
1. Based on the afforestation
design and estimate, in addition to the amount of money of assistance provided
for in Article 5 of this Decree for production forest growing and development
of non-wood forest product, the households shall get the loan from the Social
Policy Bank or the Bank for Agriculture and Rural Development without mortgage
of the remaining investment value as follows:
- Loan rate: A maximum of
15,000,000 dong/ha.
- Loan term: From forest
growing to main exploitation according to the business cycle of tree species
but not more than 20 years.
The specific loan rate and duration shall be agreed
upon by the bank and customer in accordance with the provisions in this Decree.
The schedule of principal and interest repayment once upon main exploitation.
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The households specified in Clause 1, Article 2 of
this Decree shall get loans from the Social Policy Bank or the Bank for
Agriculture and Rural Development without mortgage to raise cattle and other
domestic animals as follows:
- Loan limit: A maximum of
50,000,000 dong.
- Loan term: A maximum of 10
years.
The specific loan rate and duration shall be agreed
upon by the bank and customer in accordance with the provisions in this Decree.
3. Interest and loan interest
assistance:
a) The households shall get
loans as stipulated in Clause 1 and 2 of this Article with the interest of
1.2%/year;
b) The state budget shall
finance the remaining loan interest.
4. Debt restructuring and risk
handling: Comply with the provisions in Decree No. 55/2015/ND-CP dated 09/06/2015 of the Government on credit policy for
rural and agricultural development.
Article 9. Capital for policy implementation
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a) The central budget shall
finance 100% to the localities which cannot balance their balance and the
province of Quang Ngai;
b) The central budget shall
finance 50% to the localities which the percentage of revenue regulation of
less than 50% and the local budget ensures 50% of funding needs.
c) The remaining localities
use the local budget for implementation.
2. The central budget shall
provide the interest subsidy to the banks as stipulated in Article 8 of this
Decree.
Article 10. Responsibility of Ministries and
sectors
1. Ministry of Agriculture and Rural
Development
a) Coordinates with the
relevant Ministries, sectors and localities to carry out the inspection and
monitoring of implementation of provisions in this Decree and recommend the
measures to deal with and solve the difficulties and problems arising during
the implementation and make report to the Prime Minister on issues beyond its
authority;
b) Provides instructions on
implementation of this Decree under its functions, duties and authority;
c) Makes annual preliminary
and final report to the Government.
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Makes decision on recognizing the hamlets with
particularly difficult conditions and the communes of area II and III in ethnic
and mountainous regions for the period 2016 – 2020 under the current
regulations of the Prime Minister.
3. Ministry of Planning and
Investment
Coordinates with the Ministry of Finance, Ministry of Agriculture and Rural Development to aggregate the needs,
balance and allocate the development investment capital under the 5-year and
annual plan to implement this Decree.
4. Ministry of Finance
a) Allocates the budget for
implementation of policies specified in this Decree.
b) Provides instructions and inspect
the allocation, management, payment and finalization of assistance funding
specified in this Decree.
c) Provides instructions on
mechanism of interest assistance to implement the credit policy specified in
Article 8 of this Decree.
5. State Bank of Vietnam
a) Steers
and guides the systems of Social Policy Bank and the Bank for Agriculture and
Rural Development of Vietnam in loan for production forest growing and raising
specified in Article 8 of this Decree.
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6. The relevant Ministries and
sectors within their functions and duties shall direct the implementation of
provisions in this Decree.
Article 11. Responsibility of provincial
People’s Committees
1. Steer, implements,
inspects, monitors, assesses and makes periodical report on result of
implementation of mechanisms and policies specified in this Decree at
localities.
2. Directs the district and
communal People’s Committee to make actual investigation and identify the
communes with difficult socio-economic conditions (area II and III) of the
ethnic and mountainous regions under the current regulations of the Prime
Minister, aggregates and reports to the Committee
for Ethnic Minorities for consideration and
recognition; reviews and recognizes poor households as guided by the Ministry
of Labor – Invalids and Social Affairs.
3. Guides the identification
of tree and domestic animal species consistent with the local actual conditions
as a basis for assistance and loan; directs the development and issue of
criteria for specific seedlings, fertilizer and employees for tree species in
the area; guides the formulation of design and estimate for forest regeneration
and additional afforestation.
Article 12. Effect
1. This Decree takes effect
from 02/11/2015.
2. In case of many assistance
mechanisms and polices of the same contents, apply the provisions of this
Decree.
3. After 2020, the rice
subsidy as stipulated in Article 7 of this Decree shall be continued but not
more than 07 years as prescribed; the credit loan contract between the bank and
households for afforestation and raising specified in Article 8 of this Decree
shall be continued to execute until the end of contract.
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Ministers, heads of ministerial-level agencies,
heads of government, chairman of People's Committees of provinces and
centrally-run cities directly within their functions and tasks are responsible
for guiding the implementation of this Decree. /.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung