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THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
73/2010/QD-TTg
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Hanoi,
November 16, 2010
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DECISION
PROMULGATING THE REGULATION OF MANAGEMENT OF INVESTMENT IN
CONSTRUCTION OF SILVICULTURE WORKS
THE PRIME MINISTER
Pursuant to the Law on
Organization of Government dated December 25, 2001;
Pursuant to the Law on State
Budget dated December 16, 2002;
Pursuant to the Law on Forest
Protection dated December 03, 2004;
Pursuant to the Law on
Construction dated November 26, 2003;
Pursuant to the Law on
Investment dated November 29, 2005;
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At the proposal of Minister
of Agriculture and Rural Development,
DECIDES:
Article 1.
Issue together with this Decision the Regulation on
management of investment in construction of silviculture works.
Article 2.
This Decision takes effect from January 01, 2011.
Article 3.
Minister of Agriculture and Rural Development shall be
responsible for presiding, guiding, organizing, directing and inspecting the
implementation of this Decision.
The ministers, heads of
ministerial-level agencies, heads of governmental agencies, presidents of
People's Committees of provinces and cities under central authority shall be
responsible for the implementation of this Decision./.
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REGULATION
OF MANAGEMENT OF INVESTMENT IN CONSTRUCTION OF SILVICULTURE
WORKS
(Issuing together with Decision No.73/2010/QD-TTg dated November 16, 2010 of
the Prime Minister)
Chapter 1.
GENERAL PROVISIONS
Article 1.
Scope of governing
1. This Regulation provides for:
a) Formulation, appraisal and
approval of investment projects in construction of silviculture works,
investment project of protection and development of collective forest (hereafter
referred to as the Forestry Development Project) with use of more than 30% of
total State capital (including the State budget capital, credit capital
guaranteed by the State, the credit capital of investment and development of
the State, development investment capital of State-owned enterprises and other
capital sources managed by the State).
b) The implementation of
construction investment projects of silvicultural works; conditions on the
capacity of organizations and individuals in construction activities of
silviculture works.
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3. The formulation, appraisal,
approval, and implementation of technical infrastructure works for the forest
protection and development shall comply with the current regulations of the Law
relating to investment in basic construction.
4. Encouragement of
organizations and individuals related to investment in construction of
silvicultural works using other capital sources to apply to the provisions of
this Regulation.
Article 2.
Subjects of application
This Regulation shall apply to
agencies, organizations, population communities, households and individuals
related to investment in construction of silvicultural works.
Article 3.
Interpretation of terms:
In this Regulation, the
following terms shall be construed as follows:
1. Silvicultural works
mean the area of forest, seedling garden, and nursery trees garden which are
formed from the implementation of silvicultural activities and construction of
work items of necessary technical infrastructure for forest protection and
development.
2. Silvicultural
activities in the silvicultural work projects have: forest planting;
natural regeneration growing zoning; regeneration growing zoning with
intervention; forest nourishment, natural forest reformation, forest
enrichment; formulation of seedling sources of forest trees.
3. Afforestation means
the creation of a new forest area on bare land without forests or on forest
land newly exploited up. Afforestation includes activities from preparation of
seedlings, vegetation treatment, holes digging, fertilization, holes filling
and seedlings transport, planting, caring and protection until planted forests
are accepted and handed over.
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4. Regeneration growing
zoning of natural forests means the selection, establishment of bare land
areas having naturally regenerated trees (status Ib, Ic) which are capable to
develop into forest naturally with a specific purpose and protection
organizations in order to prevent undesirable effects from outside until
reaching the criteria of the forest. Natural regeneration growing zoning
includes the activities: set up the areas of growing on the map and on the
field and to protect until they became forests.
5. Regeneration growing
zoning with intervention means the forest regeneration growing zoning with
a certain intervention of people. Regeneration growing zoning with intervention
includes the activities: setting up the growing zoning area on the map and in
the field, clearing creepers, shrubs, removing non-purpose trees, additionally
planting trees (if necessary) and protecting them until they became forests.
6. Nurture of forest
means a silvicultural activity impacting on a forest area with a specific
forest ecosystem to maintain and improve the quality of the forest. Nurture of
forest can have activities such as thinning, pruning, clearing creepers,
shrubs, cleaning up, removing non-purpose trees, and protecting until the
acceptance and handover.
7. Poor natural forest
regeneration means the reforestation from poor natural forest.
8. Natural forest enrichment
means the silviculture intervention on an area of natural forest with medium reserves
to rapidly achieve a higher volume. Forest enrichment may have activities:
adjusting the density of forest trees with the removal of non-purpose trees,
pruning, clearing creepers, shrubs, additionally planting trees (if necessary)
and protecting until the acceptance and handover.
9. Development of forest
seedling sources include the following activities: planting seeds,
nurseries, young trees garden, conversion from natural forests or planted
forest into seed forest, setting up the selected forestry parts for dominant
plants for growing until the acceptance and handover.
10. Technical infrastructure
works for forest protection and development, include:
a) The system of forest roads: motorways,
footpaths or roads used for other rudimentary transporting tools;
b) The works for the prevention
of pests causing harm to forest, forest fire prevention and fighting: fire
separation lines, forest fire watchtowers, canals, water tanks, dams for forest
fire prevention and fighting;
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d) The other necessary
infrastructure works in silviculture projects.
11. Silviculture work design
means the process of survey of natural conditions (topography, vegetation
status, soil, climate), socio-economic conditions; survey to determine the
scope of the work in the field and on a map and determine the parameters and
silvicultural technical measures, construction techniques; to determine the
technical requirements of materials, labor and investment estimates for the
silvicultural works.
12. Contractors in
construction activities of silviculture works mean the organizations and
individuals having sufficient capacity to implement silvicultural work and
forestry technical material supply services, seedling, seed, fertilizer for the
silviculture projects.
13. Consultancy services of
silvicultural work construction includes survey, establishment of
investment projects for silvicultural work, mapping, making project, design and
cost estimates, construction supervision.
14. Construction investment
project of silviculture works (hereinafter referred to as silviculture
projects) including documents and maps to describe the activities related to
the investment of capital and manpower to implement a specific silvicultural
work, to bring the specific economic, social and environmental benefits, is
done on an area and within a specified time in which the rate of investment
capital for silvicultural activity accounting for 50% of the total investment
of the silviculture project or more.
A silvicultural project may
include several items of silvicultural work linked closely together on the
investment localities, the execution time, and investment purposes by the same
investor or only a separate silvicultural work.
15. Investors of silviculture
projects mean the capital owners or persons assigned to manage and use
funds for construction investment of silviculture work, as determined in
accordance with the law provisions on investment - construction.
16. Investment projects of
collective forest protection and development (hereinafter referred to as
the Forestry Development Project) mean a collection of silviculture projects
and basic construction works having the common goal of forest protection and
development for an area, for one or more localities related to each other, in a
development phase, approved as a program or investment policy.
In the Forest Development
Projects (nature as a Project O), it may have the investment projects which
components are the silviculture projects, the projects to build infrastructure
and other non-silviculture activities, such as management, planning, forestry
land allocation, training, forestry encouragement, scientific research within
the project.
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Chapter 2.
FORMULATION, APPRAISAL
AND APPROVAL OF SILVICULTURAL PROJECTS
Article 4.
Conditions for formulating silvicultural projects
1. Silvicultural investment
projects shall be formulated on the basis of:
a) Having area of land or forest
area clearly and specific boundaries;
b) The land area of the project
has already had the specific owner (or a certificate of land use rights, or be
certified by the competent authorities of the land use right in cases not yet
had a certificate of land use rights, or be assigned for leasing to the
investors) the land owner can directly invest in the silviculture projects or
link to other investors.
c) The land area located in the
planning of 3 forest types.
d) Project of silvicultural
investment consistent with the planning of local forest protection and
development (for independent silvicultural investment projects) or the
component projects in the forestry development projects which have been
approved by the competent authority.
2. In the case of the area
without planning of forest protection and development or land area of the
projects located outside the forestry land planning, or not in the approved
forestry development projects, it is required to submit to the competent
authorities for the guidelines for project formulation.
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1. Formulation of silvicultural
projects must be based on results of ground survey and inspection, measure of
the current state of vegetation in the field (field), processing and technical
design (office) in order to complete records, documents of technical design,
maps, cost estimates for specific activities based on standards, norms and the
economic – technical norms, prices at the time of project formulation and
current mechanisms, policies of the State.
2. When making silvicultural
project, the investor must consider, analyze, and select the size of the
appropriate silvicultural work: with clear, specific, and feasible target,
location, area, volume, total investment, starting and complete time.
3. Content of the silvicultural
project includes:
a) Overview on the project: The
name of the project; implementation location; Time; The Project governor (for
investment decision level); the project owner, the owner of the land, the
forest zone; agency establishing the project and coordination; Total investment
and capital source.
b) The specific contents of the
project: The legal bases and the need for investment in silviculture projects;
natural conditions; economic-social conditions, (if needed) Objectives of the
Project; the scope and scale of the project.
The Ministry of Agriculture and
Rural Development guides specifically the formulation of silvicultural project.
Article 6.
Map of silviculture projects
1. Using topographic maps by the
reference system VN 2000 issued by the Ministry of Natural Resources and
Environment with coordinate grid, the number of the sub-zones, plot, lots of
national unity, which shows the contour, the current state, standard objects
(rivers, streams, roads, fire preventing ice, forest guard stations, forest
ranger booth ...) to develop silviculture projects.
2. The map of the current state
and the map of technical design: for the afforestation, rate is 1/5.000 -
1/10.000; and for regeneration growing zoning of forests, forest protection,
the rate is 1/10.000 - 1/25.000.
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The Ministry of Agriculture and
Rural Development guides and specifies on the silvicultural design symbols on
the map and the competent authorities certify the design maps of the
silviculture projects.
Article 7.
Dossiers submitted for appraisal and approval of silviculture projects
Dossiers submitted for appraisal
and approval of silviculture projects must be made fully as required by the
authorities of investment decisions which have an original, for the appraisal,
approval and archiving, including:
1. The written appraisal of
project, which shows the summary of the project;
Project summary must show the
main features of the project, such as name and main contents of the project;
investor; location and size of the project (forest area or foresty land where
the project impacts); volume of silvicultural items and other construction
items in the silviculture project; estimate for the entire project and the
items, the items of the silvicultural work in the project; estimate for
starting and complete time.
2. Silvicultural project, signed
and sealed by the investor and consultancy agency to set up the project
(together with appendices, tables);
3. The system of maps shall
comply with the provisions of Article 6 of this Regulation;
4. The involved legal documents
(the decision of the competent authorities) such as guidelines for investment,
technical plan and cost estimates for making the project (if any), the land use
right certificate (the copy) or the policy of permitting land use of the
competent authorities, the Forestry Development Planning…
Article 8.
Organization of appraising silviculture projects
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The Ministries, branches that
decide the investment in the silviculture projects organize specifically the
appraisal of silviculture projects.
2. Provincial-level People's
Committees (PPC) shall appraise the project decided on investment by them.
Departments of Agriculture and Rural Development (or agencies authorized by the
PPC) are the contact points for organizing the appraisal.
3. Commune, District-level
People's Committees shall appraise projects decided on investment by them (if
any). The contact points for projects appraisal appointed by investment
decisions authorities.
4. The persons who make
investment decisions are responsible for appraisal of the project before the
approval. The contact points for projects appraisal are the professional units
directly under the investment decision authority. The professional agencies to
act as contact points for project appraisal are responsible for sending the
project file to the concerned agencies to consult opinions or hold the meetings
for appraisal. The persons who make investment decisions can hire consultants
to verify parts or all of the contents specified in Article 9 of this
Regulation.
Article 9.
Contents of the silvicultural project appraisal
1. Considering legality, factors
to ensure the effectiveness of projects, including: the need for investment,
the inputs of the project, the technical solutions of the silvicultural
activities; the size, time, progress to implement the project; analyzing
finance, environmental, economic - social efficiency of the projects;
2. Considering the factors to
ensure the feasibility of the project, including the compliance with land use
planning, planning of forest protection and development of the areas, the
localities; demand for land use; capability to mobilize capital to ensure
progress of the project; management experience of investors; the ability to
repay loans (if any); factors affecting the project as the cultural, historical
relics, or relating to the beliefs of communities on the basis of the written
comments of the concerned agencies and other provisions of involved law;
3. Risk issues that may occur
during implementation affecting the investment results;
4. Conditions and the capacity
of the consultancy, design, supervision, construction;
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6. Field appraisal of the reforestation
projects and other silvicultural activities shall be conducted if necessary.
Article 10.
Competence to decide silvicultural investment projects
1. Ministers, heads of
ministerial-level agencies decide the investment or decentralize, authorize to
decide on investment to the direct subordinate agencies.
2. Chairmen of provincial
People's Committees decide on the investment or decentralize, authorize to
decide on investment in the projects within the scope and the ability to
balance the local budget.
3. Chairmen of district-level
People's Committees decide to invest for the silviculture projects which are
decentralized and the silvicultural projects of households, individuals and
communities in the area (if any).
Article 11.
Adjustment of silvicultural projects
The adjustment of silviculture
projects shall comply with the provisions of the law on Investment and
Construction and in accordance with the decentralization of investment
decisions of the ministries, central branches, and People's Committees of
provinces.
Chapter 3.
PROJECT IMPLEMENTATION
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1. Implementation of the forms
to select the contractors is under the Procurement Law in the implementation of
investment projects.
For the following silvicultural
works, work items are applied of the selection form of contractors as
appointment of contractors or self-making:
a) New afforestation,
reforestation after harvesting, planting of green ice for fire prevention,
caring of forests, forest regeneration growing zoning, nourishment, enrichment
and protection of forests;
b) Development of demonstration
model;
c) Development of experiment
model, seed test;
d) Consultancy for making
project and technical design and cost estimates for projects or items of the
project;
đ) Import of the breed,
selecting to create seedlings, supplying seedlings;
2. The selection of contractors,
contract signing, contract price, contract acceptance, and liquidation... shall
comply with the current regulations on bidding of the State.
Article 13.
The forms of project management
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Article 14.
Annual acceptance
1. Annual acceptance of
silvicultural works to determine the volume and quality of silvicultural works
conducted in the year, as a basis for payments for the volume of implementation
between the investor and the contractor, the contractors under the contract.
2. Depending on the nature of
each silviculture work item, the acceptance can be proceeded step by step by
construction stages; the phase acceptance results are the bases to advance
capital to the contractor, the contractors and as a basis to enhance quality
management of silvicultural work in each stage.
3. Ministry of Agriculture and
Rural Development shall prescribe the order and contents of test acceptance
methods for each silviculture work item.
Article 15.
Acceptance for the project completion
1. Acceptance for the project
completion to determine area and evaluate the quality of the forest plots
became forests, or silvicultural activities completed as a basis for converting
the forest plots to different stages of investment, such as nurture, forest
enrichment and other silvicultural activities, or for management, protection or
exploitation to use.
2. For the area which has not
been became forest after the end of the project, the investor proposes
orientation, designs technical solutions, submits to the competent authorities
for approval to continue the investment to become forest.
3. For area which cannot become
forest: the investor makes clear the cause, files and submits to competent
authorities for handling.
4. Acceptance test results are
used for the handover of silvicultural works. After the acceptance, investor
proposes the silvicultural technical solutions for the next stage.
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Article 16.
Funding for acceptance implementation of silvicultural work
1. Funding for acceptance of the
completed work volume in year, every year and acceptance for the project
completion is identified in cost estimates of the project.
2. Ministry of Agriculture and
Rural Development guides the contents of the method of making expenditure norm,
spending rate for the project.
3. Provincial-level People's
Committees guide, establish, manage, and inspect the implementation of
regulations on cost management in the area.
Article 17.
Payment and settlement of capital of investment in silviculture work
construction
The Ministry of Finance shall
preside over and coordinate with the Ministry of Agriculture and Rural
Development to guide the payment and settlement of capital of investment in
silviculture work construction.
Article 18.
End of project
1. Silviculture projects are
finished on the basis of acceptance results to end the project in accordance
with the approved project and the signed contract. Before handing over the
silviculture work, construction contractor must liquidate, remove the
unnecessary works (if any), clean the premises or remove all its property from
construction areas and return the land borrowed or rented temporarily for
construction in accordance with the contract.
2. After handing over the
silvicultural works, the investor makes profile and submits for approval of the
settlement of investment capital.
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1. Regarding inventory:
silvicultural works used the results of acceptance and handover which were
re-checked and accepted the final year of the project as the results of the
inventory to end the project.
2. Mapping the forest current
state: on the basis of the inventory results, investor makes the map of forest
current state. The rate of forest current status map made for the level
commune-level is 1/10,000 - 1/25,000. Funding for mapping forest current status
is included in the cost of project consultancy.
Article 20.
Handover of the silvicultural work
1. Silvicultural work completed
and accepted, inventoried according to provisions and meeting requirements as
approved design is considered as a special asset to handover to the owner for
management, maintenance, and use by the purposes of each type of forest.
2. Within six months before the
end of the silvicultural work investment, investor must propose the plan of
handing over property approved by the competent authorities, if the plan of
handing over has not yet got in the project.
3. The handover is conducted
between the investor and the contractor or the contracting party and the unit
receiving management/forest owner under the plan approved. Depending on the
specific conditions of each project, when ending investment period, it can
proceed hand-over of each part, each item of work under the project or
component project for the forest owners to continue to manage under the
regulations.
4. When handing over the entire
silviculture work, it must hand over dossier for silvicultural work completion,
the materials on issues related to silviculture work. The construction
documents of silviculture work must be submitted for storage in accordance with
the law provisions of the state archives. Handover dossier comprises:
a) Records of design - cost
estimates; records of acceptance results becoming forest which was rechecked or
the results of forest inventory for project completion.
b) Map of all kinds;
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5. After the silvicultural work
is accepted and handed over, the receiving unit to manage must conduct property
registration in accordance with the law regulations. Dossier of property
registration is the minute of general acceptance of the work handover.
6. Minute of handing over the
work is legal document for investor to settle investment capital.
Chapter 4.
CAPABILITY CONDITIONS OF
ORGANIZATIONS AND INDIVIDUALS IN CONSTRUCTION ACTIVITY OF SILVICULTURE WORK
Article 21.
Capacity conditions of organizations in construction activity of silvicultural
work
1. The organizations involved in
construction consulting activity of silvicultural work must be established
under the provisions of law and have business registration license in
accordance with the requirements of the project, except for management units of
protective forest and specialized-used forest that have sufficient conditions
for self-implementation.
2. If each consulting
organization has enough capacity, it can take on all the consultancy works of silvicultural
work construction project from preparation until acceptance for putting the
silviculture work into operation except for the following cases:
a) Design consultants are not
allowed to do as supervision consultant for silvicultural construction work
designed by them;
b) Supervision consultant are
not allowed to implement and participate in quality assessment of silviculture
work supervised by them.
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4. When the consulting organizations
establish project, in addition to equipment and necessary personnel, it
requires having the head that graduated from university or higher, with
expertise in forestry trained suitably to requirements of the project and has
minimum 3 working years in the field of consultancy. Besides, a main content of
the project must be an engineer (or equivalent) with appropriate qualification
to take responsibility.
5. Consulting organization of
project management must have director who graduated from university or higher
of forestry subject in accordance with project requirements.
Director of consulting, managing
projects must have at least 3 years of experience in the silviculture work
operations. Besides the director of consulting, managing project, it must also
have sufficient capacity (expertise, equipment, number of staffs) to help
investor to manage the project. Number of staffs shall be prescribed by
investor to suit the size and nature of work of each project.
6. Consulting organizations
participating in the project in the stage of survey, design, construction
supervision must meet at least the following requirements:
a) Head of the survey, head of
design, president of design, and president of supervision must graduate from
university or more of the forestry subjects in accordance with the requirements
of each project in each specific period;
b) To meet the number of staffs
to participate in at the reasonable request of the investor.
7. The organizations of
construction of silviculture work must at least meet the following
requirements:
a) Having construction commander
(technical staff) graduated from university or intermediate level or higher of
forestry subject in accordance with the requirements of the project;
b) Having sufficient technical
workers in accordance with the requirements of work performed;
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d) Having participated in at
least one silvicultural work with similar nature and size.
8. To encourage foreign
organizations to participate in consulting activities of silvicultural work
construction but it must comply with the provisions of the law of Vietnam.
Article 22.
Conditions in the capacity of individual in construction activities of silvicultural
work
1. Individuals engaging in
consulting activities of silvicultural work must have a diploma or certificate
of training in forestry in accordance with the undertaken work.
2. Individuals holding the
titles of director of project management, consultancy, the field commander,
construction supervisor can simultaneously take up to three jobs in the area of
two adjacent provinces in the same time.
3. To encourage individuals to
practice as independent consultant to participate in the consulting activities
of silvicultural work construction.
Chapter 5.
DEALING WITH RISK DUE TO
FACTORS OF FORCE MAJEURE FOR THE SILVICULTURAL PROJECT
Article 23.
Factors of force majeure within the project scope
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2. War or threat of war;
3. Unusually hot temperatures,
drought, hoarfrost, and wind causing damage;
4. Forest fires;
5. Pests;
6. Pests epidemic, insect
infestation;
7. The other objective damages.
Article 24.
Handling of unforeseen disasters
1. In the case of unable to buy
insurance for planted forest or other silvicultural work items, for the
investments from the state budget, as meeting unforeseen disasters, investor
compiles document to send to the agency deciding on investments for damages
liquidation.
2. Dossier for dealing with
damage includes:
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b) Minutes of field inspection
of the field inspection team made by the agency making decision on investment.
The verification minute includes the following main contents: the composition
of inspection team; verification time; duration that the damage occurred;
damage on area and extent: in the report, it should clearly identify the
location, lot, plot, sub-zone, forest type, detail to forest owners (if it can
be identified right away); the extent of damage: number, volumes and estimated
values; identify causes, responsibility and propose solutions
3. Competence of appraisal
and approval: the authority deciding on investment organizes or authorizes to
appraise records of approving liquidation and decides on the trend of damage
remedies.
4. Cost for damage remedies is
taken by investor from the reserve capital of the project; in case of being
short of capital, it is required to report to the competent authority to decide
on investment for handling.
Chapter 6.
FORESTRY DEVELOPMENT
PROJECT
Article 25.
The conditions for setting up forestry development projects
The forestry development project
is made on demand or investment policy for forestry development of State in
accordance with the planning and approved plan of forest protection and
development for a scope of a region, area or on the area of a number of
provinces, districts, and communes.
Forestry Development Project is
a type of project O with its nature as a target program, which may include the
component projects according to the administrative units and with the component
investment project as the silvicultural projects and other construction
investment projects identified and specifically decided after the Forestry
Development Project (general) is approved.
Under the current regulations,
forestry investment projects can be:
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2. Projects falling in the
jurisdiction to decide of the Prime Minister, ministers, heads of
ministerial-level agencies, provincial-level People's Committees’ Chairmen:
a) The inter-provincial,
inter-regional project in accordance with the planning and plans for forest
protection and development of the region, province;
b) Projects within the
provinces, districts and communes in accordance with the planning and plans for
forest protection and development of the provinces, districts and communes.
Article 26.
Planning of forestry development project and investment permission
Based on the size, nature and
requirements of management, investment governing agency will decide whether or
not to set up investment projects of forestry development in one or two forms
as follows:
1. For the projects of national
importance, the investor must prepare a report for Forestry Development project
to report to the Government for submitting to the National Assembly for passing
the policy and permitting investment.
2. In addition to the projects
specified in clause 1 of this Article, the investor can set up forestry
development projects and submit to the Prime Minister, Ministry of Agriculture
and Rural Development and provincial-level People's Committees for appraisal
and approval (Forestry Development Project prepared for a stage with
nature-oriented common forestry development for an area with the items,
quantity, time, funding expected for approval on the investment policy).
3. The main content of the
Forestry Development Project:
a) The need to set up the
project, the convenient and difficult conditions; mode of exploitation and use
of national resources, if any;
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c) Analysis and preliminary
selection of technologies, techniques; plan of ground clearance and
resettlement, if any; the project's impact on the environment, ecology,
security, and defense;
d) Form of investment, the
preliminary determination of total investment, time plan to perform the
project, method to mobilize funding according to progress and economic- social
efficiency of the project and investment phases ( if any).
4. Request for investment in
project:
a) For projects specified in clause
1 of this Article, the investor shall send the Forestry Development Project to
the Ministry of Agriculture and Rural Development. The Ministry of Agriculture
and Rural Development is the contact point helping the Prime Minister to
consult comments of the ministries, branches, and concerned localities to
review and propose opinion to the Prime Minister.
b) The time limit for consulting
comments:
Within 15 working days after
receipt of valid dossier of forestry development project, the Ministry of Agriculture
and Rural Development shall send documents to consult opinions of the
ministries, branches, and concerned localities.
Within 30 working days from the
date of receiving the request, the agencies consulted must send the written
replies on the contents under their management. Within 7 days after receiving
full written replies within the above time limit, the Ministry of Agriculture
and Rural Development shall prepare a report to submit to the Prime Minister.
c) Report to the Prime Minister
includes: content summary of the Forestry Development Project, summary of the
opinions of the ministries, branches, and suggestions regarding the approval of
project investment together with the written opinions of ministries, branches,
and concerned localities.
Article 27.
Appraisal and approval of forest development projects
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The level deciding on investment
is responsible for organizing the appraisal of the project prior to approval.
Specialized agencies to act as contact points of project appraisal are
responsible for sending the project dossiers to the relevant agencies for
consulting opinions or holding the appraisal meetings.
a) The Prime Minister
establishes the State Council of Appraisal on the national important projects
(or by resolution of the National Assembly), the project decided on investment
by the Prime Minister and other projects if necessary. The Ministry of
Agriculture and Rural Development is the contact point for appraisal;
b) The Ministry of Agriculture
and Rural Development shall hold to appraise the project under the Ministry or
authorize subordinate units to be as the contact point for appraisal;
c) The provincial-level People's
Committees (PPC) shall hold to appraise projects under their jurisdiction.
Departments of Agriculture and Rural Development (or agencies authorized by the
PPC) are the contact point for appraisal.
2. Approval of the forestry
development project.
a) The Prime Minister decides to
invest in projects under the Resolution of the National Assembly and other important
projects;
b) Ministers, heads of
ministerial-level agencies decide on the investment in projects of regional,
national importance. Ministerial-level agencies shall be authorized or
decentralized investment decisions for the component projects for the People's
Committees of provinces or the direct subordinate agencies.
c) Chairmen of the People's
Committees at all levels decide on the investment in projects within the
provinces. Chairmen of provincial-level People's Committees are authorized or
decentralized decision approving the component projects (if any) in the
districts for district-level People's Committees or the direct subordinate
agencies;
The appraisal and investment
decisions in the component projects of forestry development projects shall
comply with the provisions of this Regulation and other relevant regulations.
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Article 28.
Management of the Forestry Development Projects
The management of forestry
development projects referred to in Chapter VI shall comply with the current
regulations and of this Regulation.
Chapter 7.
IMPLEMENTATION
PROVISIONS
Article 29.
Ministry of Agriculture and Rural Development
1. Guides the formulation of
project and management of construction investment costs, including the total
investment, design - construction cost estimates of silvicultural works, norms,
and construction costs of silviculture works together with other contents provided
for in this Regulation.
2. Publicizes technical and
economic norms, procedures, standards, technical regulations and other contents
specified in this Regulation.
3. Guides the cost levels of
appraisal and verification of design – cost estimates, total investment in
construction of silviculture works.
4. Defines the training units to
grant certificates of consultancy practice in construction activities of
silviculture works.
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6. Inspects, examines, and
guides the implementation of regulations on management of construction
investment costs of silvicultural works.
Article 30.
Ministry of Finance
1. Guides the payment and settlement
of investment capital of silviculture projects.
2. Guides and issues expenses of
consultancy insurance, insurance of silviculture activities.
3. Inspects and examines the
payment and settlement of the projects using State budget capital.
Article 31.
Provincial-level People's Committees
1. Provincial-level People's
Committees based on technical and economic norms guided by the Ministry of
Agriculture and Rural Development to organize development and publication of economic
and technical norms for the specific silviculture activities of the localities.
2. Provincial-level People's
Committees guides the establishment and management of construction prices of
silvicultural activities; and inspects the implementation of the regulations on
management of construction investment costs of silvicultural works in the area.
Article 32.
Transitional handling
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2. Project of construction
investment of silvicultural works which have been formulated and appraised but
not approved before this Regulation takes effect shall comply with the
provisions of this Regulation./.