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THE PRIME
MINISTER
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 38/2016/QD-TTg
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Hanoi, September
14, 2016
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DECISION
PROMULGATING CERTAIN
POLICIES ON FOREST PROTECTION AND DEVELOPMENT OF AND INVESTMENT IN
INFRASTRUCTURE, ASSIGNMENT OF PUBLIC DUTIES TO AGRO-FORESTRY COMPANIES
Pursuant to the Law on Government organization
dated June 19, 2015;
Pursuant to the Law on Protection and
Development of Forests dated December 23, 2004;
Pursuant to Government's Decree No.
23/2006/ND-CP dated March 3, 2006 on implementation of the Law on Forest Protection
and Development;
Pursuant to the Government's Decree No.
118/2014/ND-CP dated December 17, 2014 on restructuring, development and
improvement of agro-forestry companies;
At the request of the Minister of Planning and
Investment;
The Prime Minister promulgates a Decision
promulgating certain policies on forest protection and development and
investment in infrastructure, assignment of public duties to agro-forestry
companies.
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GENERAL PROVISIONS
Article 1. Guiding viewpoints on development of
forests
1. The State encourages organizations, households
and individuals of all economic sectors investing in planting forests and
processing forest products in accordance with the law on forest protection and
development.
2. Production forests are multi-purpose forests;
planting of production forests aims at increasing incomes of foresters and
contributing to environmental and ecological protection.
3. Organizations, households, individuals and
village communities (hereinafter referred to as communities) may invest in and
enjoy benefits directly from afforestation, exploitation and processing of
timbers and forest products; the State shall provide partial support in terms
of initial expenses to encourage forest development, concurrently pay for part
of the environmental value brought about by planted forests, and compensate for
the low profit caused by the silviculture particularities.
4. Development of production forests must be
attached with processing and consumption of forest products so as to keep
silviculture stable and ensure its sustainable development.
5. Priority shall be given to support various
economic sectors to invest in planting production forests in severely
disadvantaged communes so as to create a momentum for forestry development in
these communes. Special priority shall be given to support investment in
planting of production forests in Northwestern region, the Central Highlands
and mountainous districts of the central provinces.
Article 2. Scope and regulated entities
1. Scope: This decision sets forth certain
mechanisms and policies on forest protection and development of sustainable
forestry.
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Article 3. Objectives of development of forests
1. Objectives by 2020: plant 900,000 ha of
production forests, which means plant 180,000 ha a year on average. Plant
75,000 ha of protection forests, special-use forests, which means planting
15,000 ha of forests a year on average. Restore and reproduce 360,000 ha of
forests.
2. Create jobs and increase incomes of mountainous
inhabitants so as to stabilize their life.
3. Facilitate the formulation as well as long-term
and stable development of silvicultural markets, including seed supply and
technical service markets, forest product processing markets and consumption
markets.
Article 4. Interpretation of terms
1. Investment support: means a form of partial
support with investment capital from the state budget for organizations,
households and individuals and communities as prescribed.
2. Post-investment support: means a form of support
under which investors (organizations, households and individuals and
communities) organize afforestation and processing of timbers by themselves
under this Decision and get paid by the State in accordance with this Decision
after their investment result are taken over after test (partially or wholly).
3. High-technology forestry zone: means a zone in
which forestry R&D projects are initiated; new products are manufactured;
and production technology application of high-tech products serving forestry
production, including: Forestry seedling by plant tissue culture; production of
ancillary products (glues, coatings, mechanical accessories); manufacturing of
equipment for timber processing and forestry product industry.
Chapter II
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Article 5. Support for planting of production
forests, planting of scattered trees and forestry extension
1. Organizations, households and individuals and
communities that plant forests on bare land or hills planned for production
forests are eligible for state budget capital support at the following specific
levels:
a) VND 8 million/ha, for planting big timber trees
(to be exploited after 10 years), multipurpose trees, indigenous trees; VND 5
million/ha, for planting small timber trees (to be exploited after 10 years).
b) VND 2 million/ha in addition to the support
levels specified in Point a Clause 1 of this Article, for planting production
forests in border communes, Son La, Lai Chau, Dien Bien provinces and provinces
of the central highlands.
2. Organizations, households and individuals and
communities planting assay forests (with new varieties, on new land) under a
planning approved by a competent authority are eligible for capital support
equivalent to 60% of the approved afforestation costs. Each model of assay
foresting planting may get support for not more than 2 ha.
3. Forest extension support: VND 500,000/ha for 4
years (1 year for planting and 3 years for tending).
4. Lump-sum support for survey, design and
conclusion of an afforestation contract: VND 300,000/ha.
5. Lump-sum support for costs incurred in issuance
of sustainable forestry certificate to enterprises, communities, (groups of)
households: 70% of costs, up to VND 300,000/ha for at least 100 ha (of natural
forests or planted forests).
6. Forms of support: Post-investment support and
investment support.
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a) Forest owners being organizations, households,
individuals and communities must have land planned for production forests,
which is allocated or leased by a competent authority and granted a land use
right certificate or has used the land stably for at least 3 years without any
dispute. For state-owned enterprises and other organizations, the land for
planting production forests must have been contracted to households,
individuals or communities for stable and long-term use (at least a cycle).
b) Sources of seedlings for afforestation (seeds,
fruit or seedlings) must originate from breeding establishments which have been
accredited by a competent authority as to sources of seedlings as prescribed.
Article 6. Support for planting of protective
forests, special-use forests, forest restoration and reproduction, forest protection
contract
1. Investment in planting of protection forests and
special-use forests: Planned capital from central state budget is VND 30
million/ha; specific levels shall be determined according to the eco-technical
norms and the projects approved by the competent authority, the People’s
Committee of province and authorities making central investment decisions with
extra fund for budget deficit based on the approved estimate. Regarding
organizations (non-state ones), households and individuals planting protection
forests: The deficit (compared to the support of VND 30 million/ha) according
to technical estimate shall be financed by themselves.
2. Support for planting bamboos and canals to
protect river and stream banks and landslide-prone works. Support level: VND
100,000/clump (at least 3 trees/clump; 1 year for planting and 3 years for
tending).
3. Forest protection contract: Average: VND
300,000/ha/year. Specific levels shall be decided by the People’s Committee of
province. In which support for costs incurred in paperwork of forest protection
contract is VND 50,000/ha/5 years.
a) Regarding households and individuals of poor
districts under Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the
Government: comply with the Decision No. 2621/QD-TTg dated December 31, 2013 of
the Prime Minister on amendments to certain production development support
levels prescribed in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of
the Government on support program for rapid and sustainable poverty reduction
in poor districts.
b) Regarding households of ethnic minorities,
households of poor King people and communities which are assigned forests in
severely-disadvantaged communes (zone II, III) of ethnic and mountainous areas,
comply with the Government’s Decree No. 75/2015/ND-CP dated September 9, 2015
on mechanism and policies on forest protection and development, associated with
policies on rapid and sustainable poverty reduction and support of ethnic
minorities for the period of 2015-2020.
c) Regarding contract for protection of coastal
protection forests and special-use forests: comply with the Decision No.
120/QD-TTg dated January 22, 2015 of the Prime Minister on approval for scheme
for coastal forest protection and development in response to climate change for
the period of 2015-2020.
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a) Without planting more trees: Support level: VND
3 million/ha/6 years, the specific level shall be decided by the People’s
Committee of province.
b) Planting more trees: Support level: VND 1.6
million/ha/year for the first 3 years and VND 600 thousand/ha/year for 3
subsequent years.
Article 7. Support for development of high-tech
forestry
1. The State supports investment in 3 high-tech
forestry parks in Northern, Central and Southern regions.
2. Investment: The State invests synchronous
infrastructure system, R&D facilities and equipment.
3. Enterprises investing in high-tech forestry
parks shall be given incentives and supports as prescribed in Government's
Decree No. 210/2013/ND-CP dated December 19, 2013.
Article 8. Rights and obligations of
organizations, households and individuals and communities (hereinafter referred
to as forest owners) in planting of production forests
1. Rights: To enjoy all products from planted
forests, to freely circulate exploited products and be entitled to tax and land
use level incentives in accordance with current law.
2. Forest owners may use up to 30% of the allocated
or leased land area without forests to invest in leisure eco-tourism, combined
agriculture and fishery, in which the land area reserved for infrastructure
(traffic roads, permanent buildings, factories) accounts for up to 20%.
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With regard to production forest area contracted by
special-use forest or protection forest management unit or state enterprises
(hereinafter referred to as assignor), the forest owner (hereinafter referred
to as the assignee) shall pay only the above sum to the assignor. In addition,
the forest owner is not required to pay any sum to the assignor.
Within 12 months after exploiting planted forests,
forest owners must organize reforestation as prescribed.
If forest owners have received the States monetary
support for afforestation but their forests fail to satisfy the
state-prescribed criteria after 5 years, they must use their own capital for
reforestation or refund to the state budget the monetary support amounts plus
the commercial interests at the time of recovery of support money.
In case of forest loss due to
force majeure circumstances such a natural calamities, fires or
pests, forest planters need not refund the received monetary support amounts.
4. With regard to areas of special-use forest or
protection forests planted with capital of Program 327 and stale budget capital
sources under the project on planting of 5 million ha of forests, which are now
planned for production forests, forest owners rights and obligations comply
with Clauses 1, 2 and 3 of this Article.
Article 9. Rights and obligations of
organizations, households and individuals and communities (hereinafter referred
to as forest owners) in planting and protection of protection forests, natural
forest restoration and reproduction
1. Rights: To enjoy support of state budget as
prescribed in this Decision and all products from forests once obtaining the
permission to exploit forests as prescribed by the State.
2. To use up to 30% of land area without forests to
develop agricultural production, leisure and eco-tourism and construction of
infrastructure for forestry.
3. Obligations: To plant and protect protection
forests and natural forests as prescribed in current law on forest protection.
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1. The State shall provide investment support for
the building, management and protection of breeding forests and nurseries, of
which the State (including state enterprises and organizations set up by the
State) shall directly manage only those of national importance with an area not
exceeding 30% of the area planned for breeding forests or nurseries; the
remaining area shall be allocated, sold or contracted to other economic sectors
for management and business in accordance with law.
2. Breeding forests and nurseries managed by
economic sectors must be governed by plannings approved by competent
authorities, are eligible for investment support for construction of initial
material foundations under projects approved by competent authorities. The
maximum levels of state budget support for bio-forestry tasks, infrastructure
construction and equipment and facility procurement are as follows:
a) Up to VND 55 million/ha, for newly developed
nurseries.
b) Up to VND 40 million/ha, for newly developed
breeding forests.
c) Up to VND 15 million/ha, for regenerated
breeding forests.
d) In addition to the above supports, a support of
VND 300,000/ha/year shall be given to offset management expenses for breeding
forests and nurseries for 5 years at most.
Article 11. Investment support for building
of high-quality seedling centers
1. Conditions for a seedling center to enjoy
support:
a) Being a tissue culture establishment which can
produce 1 million seedlings/year.
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2. Conditions to enjoy investment support:
a) Provinces without tissue culture establishments
may each receive investment support for building a seedling center based on the
conditions set in Clause 1 of this Article.
b) It is a non-state enterprise or a state
enterprise with an equitized breeding establishment of which the
State holds not more than 50% of charter capital.
c) It is an enterprise which contributes at least
30% of the total investment to the project on the building of a seedling
center.
3. Items eligible for investment support: Building
of offices, workshops, roads or electricity transmission lines; procurement of
equipment and facilities, and payment for technologies.
4. The maximum level of the state budget support is
VND 5 billion for a seedling center.
5. Order of providing support: The total sum of
support shall be granted twice after taking-over inspection, of which 70% shall
be initially granted after the investor completes investment in items specified
in Clause 3 of this Article, and the remainder shall be granted after the
investor has produced and consumed seedlings up to the centers designed
capacity and the set seedling quality.
Article 9. Investment support for
nurseries
1. Conditions for nurseries to enjoy support:
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b) Having a land area of at least 0.5 ha for a
nursery.
2. Planning of nurseries: A commune or group of
communes that has 1,000 ha of land planned for production forests may have a
nursery. Existing nurseries should be used and the new ones should be built
only under projects on planting of raw-material forests or where they are
really necessary.
3. Conditions to receive support
a) The nursery must be included in the provincial
planning on production of forestry seedlings or a project on planting of
raw-material forests.
b) The nursery owner must commit to use the
allocated land for production of seedlings for afforestation for at
least 10 years.
c) The nursery is under the use right of a
non-state economic sector. If that sector has a portion of state capital (from
state enterprises, protection forest or special-use forest management units),
that portion may account for not more than 50% of the total investment.
4. Items eligible for investment support: construction
of initial infrastructure, including: power and watering systems, fences,
material gardens, ground leveling, building of solid grounds.
5. Support levels: VND 300 million on average for
building a new nursery; newly built nurseries in border communes are eligible
for support corresponding to approved capital levels of projects; for nurseries
improved and upgraded to the standards prescribed in Clause 1 of this Article,
the support level for each must not exceed VND 75 million.
6. Order of providing support: The total sum of
support shall be granted twice after taking-over inspection. Initially, 70% of
the support amount shall be granted after the investor completes investment in
the items prescribed in Clause 4 of this Article. The remainder shall be
granted one year after the building of the nursery.
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1. Boundaries for forest
fire prevention and fight (firebreaks)
a) Support conditions: Firebreaks used concurrently
as roads for transportation of seedlings and supplies within a project area are
built with 15-20m for every ha under planning. In formulation of a project in
support of investment in production forests, a planning on the system of
firebreaks is required, which must involve participation of forest owners
(including those contracted with forestland for afforestation) in the
project area. Such additional plannings may be formulated in
accordance with this Decision for projects on planting production forests which
have not yet received support for building firebreaks.
b) The investment support level is VND 30
million/km, of which VND 25 million/km is for investment in construction of
items of a firebreak while the remainder is used for its maintenance throughout
the whole afforestation cycle.
c) Order of investment,
taking-over inspection, payment and settlement: After the provincial-level
Peoples Committee allocates budget of a plan year, a district-level project
management unit may itself make technical designs and cost estimates for
firebreaks according to criteria promulgated by the Ministry of Agriculture and
Rural Development and submit them to the district Peoples Committee for
approval. After the approval, the district-level project management unit shall
itself organize the building of firebreaks. Upon the completion, the
district-level Peoples Committee shall organize taking-over inspection of the
firebreaks in order to have a basis for payment and settlement with the state
treasury. The district-level project management unit shall manage and
maintain all firebreaks throughout the afforestation cycle.
2. Forestry roads: Projects on planting
consolidated raw-material forests of 500 ha or more, support level of 20m of
road/ha shall be provided for forestry roads not exceeding VND 450 million/km
for underground cables through streams which are hardened by concrete. The
management of investment in and building of forestry roads comply with current
regulations.
Article 14. Support for processing of timber
from planted forests for poor provinces
1. Domestic investors having projects of plants
processing timber from planted forests; industrial bamboos in Northern west
provinces, provinces of Central Highlands, provinces having poor districts
under the Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the
Government may receive state budget supports as follows:
a) Investment support: Support of VND 20
billion/MDF manufacturing plant, with scope of more than 30,000 m3 of MDF/year;
support of VND 10 billion/plant for plants processing chipboards, industrial
laminated bamboo, with scope of more than 20,000 m3; support of VND 10
billion/plant for plywood plants, with scope of more than 100,000 m3 to
construct infrastructure such as traffic, electricity, water, buildings and
waste treatment.
b) Post-investment support: Post-investment support
shall be provided according to the product transportation distance with VND
1,500/ton/km; the distance is determined from the plant to the downtown of
Hanoi, Da Nang, or Ho Chi Minh City according to the nearest highway; the
support shall be determined according to the actual equipment capacity of the
plant; multiplied by the support period of 5 years, supportive budget upon plant
construction completion is at least 70% of total supportive budget.
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a) Projects under investment policies as prescribed
in the Law on Public Investment (in replace of investment policies under the
Law on Investment).
b) MDF or particle board manufacturing plants must
also manufacture at least one of these products: floor plank, plank bar, plank
joint to avoid waste of natural resources; the yield of this combined product
shall be concluded in the capacity.
c) Equipment manufactured in developed countries
(per capita income of more than USD 10,000/year); if equipment is manufactured
in developing countries, they must be wholly new. The registered production
place of the plant may not be relocated in 20 years.
d) The area of planted forests and raw materials in
the province must be enough for the plant to operate at least 60% of capacity
in the first 5 years. The project must employ at least 30% of local workers.
dd) Total actual equipment capacity of plants
receiving support may not exceed 200,000 tonnes/province. Equipment capacity
shall be equal to: product yield after taking-over inspection of a production
shift x 3 shifts/day x 300 days/year.
e) Provinces which have paper pulp manufacturing
plants with scope of at least 50,000 tonnes/year or MDF plants with scope of
more than 100,000 m3 shall not be eligible for such support.
g) Meet requirements pertaining to environmental
protection as prescribed in law on environment protection.
Chapter III
POLICIES ON INVESTMENT SUPPORT AND ASSIGNMENT OF
PUBLIC DUTIES
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1. Support for planting of protection forests and
special-use forests: Planned capital from central state budget is VND 30
million/ha; specific levels shall be determined according to the eco-technical
norms and the projects approved by the competent authority. Regarding the fund
exceeding the allocated fund, forest owners shall combine and mobilize, use
other legal sources of funds.
2. Assign public duties:
a) Regarding areas of protection forests,
production forests being natural forests which have not reached exploitation
period under direct management of agro-forestry companies, 50% of support
provided for households and individuals and communities for costs incurred in
forest protection contract, forest restoration and reproduction shall be provided.
b) Support for construction of forest protection
and management stations, forest fire prevention facilities and tenement houses
for workers.
Chapter IV
INVESTMENT MECHANISM
Article 16. Sources of fund for investment
support
1. Central budget.
2. Local budgets: Based on this Decision,
provincial-level Peoples Committees shall use revenues from the sale of
standing trees, forest resource tax, fines on violations of the Law on Forest
Protection and Development, environmental protection charges, revenues retained
for hydropower plants and other revenue sources prescribed by law to ensure
sources of capital for use in localities.
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4. Total investment demand for the period of 2016 -
2020 to implement this Decision is approximately VND 61,000 billion, of which
VND 45,000 billion will be mobilized from various economic sectors (to cover
VND 8,000 billion of forest environment service, VND 10,000 billion of credit;
and VND 27,000 billion of capital of organizations, individuals and
households).
State capital: Investment capital for state budget
development of VND 9,000 billion (VND 8,000 billion of central state budget and
VND 1,000 billion of local state budget); economic capital of VND 5,115
billion, VND 3,000 billion of ODA.
Article 17. Investment support mechanism
1. The central budget shall support projects with
the support levels from state budget of at least Group C and time for
performance of project based on silviculture cycle approved by the competent
authority.
2. Post-investment support: The State shall
preferably make afforestation payment to the area (allocated or contracted) to
the organizations, individuals, households that finance own their capital for
afforestation (period of 2016-2020) under this policy after the afforestation
taking-over inspection as prescribed.
3. Supports from the stage budget for contract for
forest protection, forest restoration and reproduction, afforestation, timber
processing are investment supports and post-investment supports shall not be
considered as taxable income of organizations, individuals, households and
communities.
4. The central budget shall only focus on providing
targeted support to provincial budgets which it still subsidizes and certain
projects of importance having strong influence of provinces decided by the
Prime Minister; provinces not mentioned above shall set aside local budgets to
provide supports as prescribed in this Decision.
5. If there are policies applied to the same
support, the organization, individual or community may only receive support
from one policy which is most advantageous to the beneficiary.
Chapter V
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Article 18. Land
1. With regard to land planned for production forests
under management of regulatory bodies, if these bodies do not have necessary
conditions for allocating land to organizations, households and individuals and
communities, before applying this Decision, the regulatory bodies shall
contract with organizations, households and individuals and communities
forestry land for long term (at least one silviculture cycle) to plant
production forests.
2. Funding
a) Funding for formulation of land use planning,
allocation of land and forests, lease of land, contracting of land for planting
production forests, formulation of project in support of planting production
forests shall be allocated from the state budget as prescribed in this
Decision.
b) Organizations, individuals, households may
advance their funding as prescribed to perform duties prescribed in Point a
Clause 3 of this Article, the State shall refund the advanced amounts in the
subsequent budget year.
Article 19. Investment support projects
1. Investors and formulators of projects on
investment support for planting of production forests
a) Projects on investment support for planting of
production forests of households, individuals and communities on land areas
planned for production forests in buffer zones of special-use forests or
protection forests are formulated and invested by the management boards of the
special-use forests or protection forests.
b) Projects on investment support for planting of
production forests of households, individuals and communities on land areas
planned for raw material zones of state enterprises shall be formulated and
invested by those enterprises.
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d) For other afforestation land areas in a district
or province, one or two projects on investment support for planting of
production forests shall be formulated for afforestation by households,
individuals and communities and investment by forest ranger agencies, border
guard stations, or protection forest management boards.
dd) Veteran associations may formulate projects on
planting of dispersed trees, planting of bamboos and canals to protect river
and stream banks; manage and enjoy benefits as prescribed in this Decision.
e) Projects on investment support for planting of
production forests for households, individuals and communities are formulated
simply as production plans, basically ensuring the principle of not overlapping
projects on planting of production forests. It is necessary to determine the
afforestation area each forestry land lot, compartment, or sub-zone and whether
the land is bare or planted with forests, in compliance with the plannings on
the three kinds of forest.
g) Projects on planting of protection forests,
special-use forests, forest restoration and reproduction are formulated by
forest owners in accordance with applicable regulations and laws
h) The duration of implementation of a project on
silviculture investment support shall correspond the silviculture cycle.
i) Management fee for projects on investment
support for afforestation, planting of dispersed industrial trees, forest
restoration and reproduction, forest protection shall equal 10% of total
investment support for silviculture in the administrative division: 2% for
province, district, or commune, and 8% for investor (in which the investor
allocates 1% to the forest development board). Use management funding as per
current law provisions.
2. Projects on post-investment support which
investors are permitted to approve the estimate and performance by themselves
may only disburse 70% of support levels of investment components after
taking-over inspection and may disburse 100% of support levels after
taking-over inspection of whole of completed works. With regard to projects on
investment support, the investors may implement them or engage consultants to
implement them by themselves.
Article 20. Responsibilities of ministries,
agencies, and local governments
1. The Ministry of Agriculture and Rural
Development:
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b) Guide local governments to formulate and
promulgate: regulations on operation of project management units at all levels,
steering boards for implementation of district-level projects, commune or
village forest development units; regulations on management and use of commune
or village forest protection and development funds;
c) Promulgate criteria for national important
breeding forests and nurseries directly managed by the State; formulate a
planning on the system of breeding forests and nurseries; guide the allocation,
sale and contracting of breeding forests and nurseries directly managed by the
State to other economic sectors for management in accordance with law. Specify
criteria for tissue-culture establishments of seedling centers and nurseries.
d) Provide trademark registration support
for seedling centers and nurseries. Upload on the seed management website of
the Ministry of Agriculture and Rural Development all information on
seed/seedling sources and breeding establishments which have been accredited by
competent agencies. Build up a system of management information for monitoring
and synthesizing implementation results.
dd) Set firebreak standards and formulate
procedures for identification and demolition of forests affected with natural
calamities, fires or other force majeure circumstances.
e) Cooperate with: the Ministry of Planning and
Investment and the Ministry of Finance in consolidating annual and mid-term
plans on the state investment support as prescribed.
g) Mobilize donors to provide financial or
technical support. Use ODA sources in support of planting of production
forests, construction of forestry infrastructure, and training of officials at
all levels for effective implementation of this Decision.
h) Disseminate and popularize the policies
prescribed in this Decision and those related to concerned subjects. Direct,
inspect and supervise the implementation of this Decision.
i) Promulgate lists of technological forestry
products and use the funding allocated by the Ministry of Agriculture and Rural
Development to support enterprises to invest in the three high-tech forestry
parks.
2. The Ministry of Planning and Investment
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b) Take charge and cooperate with the Ministry of
Agriculture and Rural Development in guiding the process of supporting and
elaborating support levels under this Decision.
c) Take responsibility for state management of
forestry development investment under these policies; cooperate with the
Ministry of Agriculture and Rural Development, the Ministry of Finance and the
People’s Committee of province in inspecting and supervising implementation of
this Decision.
d) Cooperate with the Ministry of Agriculture and
Rural Development in making three-year and five-year reports on comprehensive
supervision and assessment of socio-economic impacts of implementation of this
Decision in order to request adjustments or supplements in line with actual
requirements and submitting to the Prime Minister for decision.
3. The Ministry of Finance
a) Take charge of guiding the state treasuries in
paying and settling state budget funds for implementation of this Decision.
b) Coordinate with the Ministry of Planning and
Investment and the Ministry of Agriculture and Rural Development in
synthesizing, elaborating plans on, and making annual and mid-term state budget
estimates for implementation of this Decision.
4. Other relevant ministries and agencies shall
perform their assigned functions and tasks.
5. Provincial-level People’s Committees:
a) Formulate land use plannings and
announce them to call on all economic sectors to invest in planting of
production forests.
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c) Announce prices and technical criteria of forest
seedlings to be planted in provinces, which shall serve as a basis for
investors to pay and settle capital. Not to approve prices of seedlings on a
case-by-case basis.
d) Apportion state budget capital to support
investment in projects. Direct project management units at all levels in
ensuring capital sources for planted forests in the form of post-investment
support; approve investment projects according to regulations.
dd) Enhance the dissemination and popularization of
policies in this Decision and those related to various administration levels,
branches and enterprises of all economic sectors, households, individuals and
communities in provinces for knowledge and implementation.
e) Assign Department of Agriculture and Rural Development
to take charge and cooperate with relevant agencies in inspection for taking
over investment results components and projects receiving support. Taking-over
certificate is the basis for disbursement of support amounts from the State.
g) Direct, organize, inspect and supervise the
implementation of this Decision.
Article 21. Entry in force
1. This Decision comes into force as of November 1,
2016 and supersedes the Decision No. 147/2007/QD-TTg dated September 7, 2007 on
certain policies on development of production forests for the period of
2007-2015 and the Decision No. 66/2011/QD-TTg dated December 9, 2011 of the
Prime Minister on amendments to certain articles of the Decision No.
147/2007/QD-TTg.
2. Projects (approved before effective date of this
Decision) which have complied with the Decision No. 147/2007/QD-TTg dated
September 7, 2007 and the Decision No. 66/2011/QD-TTg dated December 9, 2011 of
the Prime Minister shall keep comply with these Decisions and then apply
regulations on support prescribed in this Decision from January 1, 2016. The
project investor may take initiative in adjusting unit cost, area, categories
of products as prescribed in this Decision but not increasing total investment
of the project.
Article 22. Implementation
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PP. THE PRIME
MINISTER
DEPUTY PRIME MINISTER
Vuong Dinh Hue
APPENDIX
(Issued together
with the Decision No.38/2016/QD-UBND dated September 14, 2016 of the Prime
Minister)
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
AFFORESTATION
CONTRACT
No…./201…/HDTR
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Pursuant to the Law on Protection and Development
of Forests No. 29/2004/QH11 of the National Assembly and guiding documents;
Pursuant to the Decision No. ……./QD-TTg of the
Prime Minister dated………….on certain policies on development of production
forests;
Pursuant to the Decision on approval for investment
project of support for planting of production forests of….No…dated….
Today, on…...[date] at…... [place], we are:
1. Party A (Project management board….)
Head office:
.................................................... Telephone:
................................................
Represented by
(1) Mr./Mrs.: …………………..
Position……………………………………………..,
(2) Mr./Mrs.…………………………..; supervision and forestry
extension officer
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Permanent residential
address.........................................................................................
Phone number
.................................................................................................................
2. Party B (households, individuals,
communities)
Represented by Mr./Mrs.
..................................................................; ID No.
…………. issued by…………………….police, on………………………………………;
Permanent residential
address.........................................................................................
Phone
number.................................................................................................................
Both parties mutually agree to enter into an
Afforestation Contract with terms and conditions as follows:
Article 1. Contents
1. Applying for issuance of land use right
certificate (in a case where Party B has not had a land use right certificate):
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b) If the afforestation land area of Party B is
located in a larger area which was allocated to the state-owned forestry
company or the protection forest and special-use forest management board, Party
A shall measure and draw a map to contract it to Party B for afforestation in
50 years under this Contract.
c) The cost incurred in issuance of land use right
certificate shall be covered by the state budget.
2. Afforestation support, forestry extension
a) Party A provides support for Party B (to
afforest….ha at (specify land lot, compartment, sub-zone, village, and
commune)….
b) The afforestation land area of Party B is
eligible for…… support (state specific eligible case prescribed in Article 5 of
this Decision).Support level provided by the State: ……….. VND/ha. Total support
amount is……………………………Vietnamese dong (in words).
c) Support duration: 4 years, including one year of
planting and three years of tending, since the signing of this Contract.
d) Standards for seedlings and price of seedlings:
- Type of tree :.........................................................................................................
;
- Standards for seedlings: Height ……………. cm, root
collar diameter …………. cm, ……………. months old, high quality, no pest, meeting
standards for planting;
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d) Afforestation techniques: Afforestation density:
……………… seedlings/ha, with attached detailed specifications (standards for
holes, row, seasons, etc.).
e) Forestry extension: Party A shall advise on
plant species, guides the techniques of planting, tending and protecting plants
for Party B twice. The first time will take place at least 1 month prior to
afforestation and the second time will take place in the second year, in
addition, Party B has a right to contact via phone, fax or in writing for
advice.
g) Supply of seedlings: (Party B may find the
supply of seedlings by themselves or require Party A to supply seedlings)
- Party B shall find the supply of seedlings according
to the given standards, quality and price mentioned Section d Clause 2 of this
Article (specify if Party B may find the source of supply by themselves);
- Party A shall supply seedlings to Party B
according to the given standards and quality mentioned in Section d Clause 2 of
this Article.
Article 2. Rights and obligations
1. Rights and obligations of Party A
a) Party A has rights to:
- Monitor and supervise the contract performance
process of Party B;
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b) Party A has obligations to:
- Measure and apply for issuance of land use right
certificate to Party B as per the law (if Party B has not had a land use right
certificate) or forestry land contracting dossier as prescribed in Clause 1
Article 1 of this Contract;
- Provide forestry extension services, supply
seedlings as required by Party B as prescribed in Clause 2 Article 1 and
supervise the afforestation, disseminate and raise Party B’s knowledge of
planting of forests and silviculture development;
- Respond in writing to Party B’s written requests
for advice on policies and forest extension;
- Protect planted forests together with Party B.
2. Rights and obligations of Party B
a) Party B has rights to:
- Receive all products of planted forests;
- Products of planted forests are freely
circulated;
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- Receive advice on policies and forest extension
from Party A.
b) Party B has obligations to:
- Ensure the planting and tending of forests, avoid
land waste;
- Exploit products of forests as per the law;
- Upon exploitation of products, submit the commune
budget or assignor the amount equivalent to 80 kg of rice/ha in order to build
the forest development and protection fund of the commune and village, in which
the commune fund shall use 50% and village fund shall use 50%. Pay taxes to the
State (if any) in accordance with regulations of law on taxation;
- If individuals, households, communities have
received the State’s monetary support for afforestation but their
forests fail to satisfy the state-prescribed criteria after 4 years, they must
use their own capital for reforestation or refund to the state budget the
monetary support amounts plus the commercial interests at the time of recovery
of support money.
Article 3. Contract duration
This Contract has a duration of one silviculture
cycle, in…….years, from the year in which the Parties officially sign this
Contract.
Article 4. Force majeure events
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Article 5. Contract value and method of payment
1. Contract value: Total amount payable to Party B
by Party A is …………………. VND (in words).
2. Method of payment
Party A shall make payments to Party B in …………..
installments (subject to entities receiving support)
- First year: ……………….. VND, in which VND…… of
seedlings and VND ………….. of labor
- Second year: …………….. VND in…………………………………..
[month/year]
- Third year: …………….. VND in…………………………………..
[month/year]
- Fourth year: …………….. VND in………………………………….. [month/year]
Article 6. Settlement of disputes
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Article 7. Final provision
1. Both Parties mutually agree all of
above-mentioned particulars of the Contract.
2. This Contract shall be made in 7 copies of
Vietnamese, each copy has (…) pages. Party A shall keep 3 copies, Party B shall
keep 1 copy, the supervision and forestry extension officer shall keep 1 copy,
1 copy shall be kept at the People’s Committee of commune and 1 copy shall be
kept at the village for supervision./.
REPRESENTATIVE
OF PARTY B
REPRESENTATIVE
OF PARTY A