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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
147/2016/ND-CP
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Hanoi,
November 2, 2016
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO.
99/2010/ND-CP OF SEPTEMBER 24, 2010, ON THE POLICY ON PAYMENT OF FOREST
ENVIRONMENT SERVICE CHARGE
Pursuant to the June 19, 2015
Law on Organization of the Government;
Pursuant to the December 3,
2004 Law on Forest Protection and Development;
At the proposal of the
Minister of Agriculture and Rural Development,
The Government promulgates
the Decree amending and supplementing a number of articles of the Government’s
Decree No. 99/20110/ND-CP of September 24, 2010, on the policy on payment of
forest environment service charge.
Article 1. To amend and supplement a number of articles of the
Government’s Decree No. 99/2010/ND-CP of September 24, 2010, on the policy on
payment of forest environment service charge.
1. To amend and
supplement Clause 1, Article 5 as follows:
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2. To amend and
supplement Article s as follows:
“Article 8. Entities
to enjoy forest environment service charge payment V
1. Entities to enjoy
forest environment service charge payment are owners of forests where such
services are provided, including:
a/ Forest owners that
are organizations whose forests are allocated or leased by the State for stable
and permanent use for forestry purposes and organizations that plant forests by
themselves on State-allocated forest land areas;
b/ Forest owners that
are households or individuals whose forests are allocated or leased by the
State; village communities with forests allocated by the State for stable and
permanent use for forestry purposes; forest owners that are households,
individuals or village communities that plant forests by themselves on
state-allocated forest land areas.
2. Organizations,
households, individuals and village communities that have package contracts on
stable and permanent forest protection with forest owners that are state
organizations (below referred to as contracted households).
3. Commune-level
People’s Committees assigned by the State to manage forests in accordance with
law and providing forest environment services.
4. Socio-political
organizations assigned by the State to manage forests in accordance with law
and providing forest environment services.”
3. To amend and
supplement Clause 1, Article 11 as follows:
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a/ The rate of forest
environment service charge payable by hydropower generation establishments is
VND 36 per kWh of commercial electricity. The electricity amount used to
calculate the payable charge amount is that sold by a hydropower generation
establishment to electricity buyers under electricity trading contracts;
b/ Determination of
payable forest environment service charge amounts
The payable forest
environment service charge amount in a payment period equals the electricity
amount (kWh) in the payment period multiplied by the charge rate per kWh (VND
36/kWh).
4. To amend and
supplement Clause 2, Article 11 as follows:
“2. For clean water
production and supply establishments:
a/ The rate of forest
environment service charge payable by clean water production and supply establishments
is VND 52 per cubic meter of commercial water. The water volume used to
calculate the payable charge amount is that sold by a clean water production
and supply establishment to consumers;
b/ Determination of
payable forest environment service charge amounts
The payable forest
environment service charge amount in a payment period equals the commercial
water volume (m3) in the payment period multiplied by the charge
rate per m3 of commercial water (VND 52/m3).”
5. To amend and
supplement Point b, Clause 2, Article 15 as follows:
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In case the forest
environment service charge rate for a forest area is more than twice the
support of the state budget for contracted forest protection, the
provincial-level People’s Committee shall decide on an appropriate allocation
level on a case-by-case basis in the same provincial locality.”
6. To amend and
supplement Point c, Clause 2, Article 15 as follows:
“c/ The remaining
amount to be payable to forest environment service providers shall be used as
follows:
Forest owners that are
households and individuals with forests allocated or leased by the State;
village communities with forests allocated by the State for stable and
permanent use for forestry purposes and forest owners that are households and
individuals and village communities planting forests by themselves on forest
land may enjoy the whole service charge.
Forest owners that are
organizations may account it as a source of revenue, and may manage and use
such amount under the financial regulations applicable to such organizations.
In case a forest owner is contracted to protect forests, it may spend no more
than 10% of the collected forest environment service charge amount on its
contracted forest areas for protection to perform the management and organize
the environmental protection education; the remaining amount must be paid to
contracted households.
Commune-level People’s
Committees assigned by the State to manage forests which have not yet been
allocated or leased in accordance with law, may account it as a revenue source
of the commune-level Fund for Forest Protection and Management, of which the
spending management must comply with Article 3 of the Prime Minister’s Decision
No. 07/2012/QD-TTg of February 8, 2012, promulgating a number of policies to
intensify the forest protection.
Socio-political
organizations with forest management tasks assigned by the State in accordance
with law shall formulate plans on use of funds for forest management and
protection from the collected forest environment service charge amounts and
submit them to the district-level People’s Committees for approval, and submit
such plans to the provincial Fund for Forest Protection and Development for
inclusion in the provincial plan on payment of forest protection service
charge.”
7. To amend and
supplement Point a, Clause 2, Article 20 as follows:
“a/ Forest environment
service providers shall ensure that forest areas where forest environment
service is provided are protected and developed properly under forest
protection and development master plans approved by competent state agencies;”
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Article 2. Organization of implementation
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
chairpersons of provincial-level People’s Committees shall implement this
Decree.
Article 3. Effect
1. This Decree takes
effect on January 1, 2017.
2. The forest
environment service charge rate payable by hydropower plants specified in
Clause 3, Article 1 of this Decree shall be applied after the first adjustment
of the electricity retail price after the effective date of this Decree.-
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc