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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