Chương V Nghị định 118/2014/NĐ-CP: Tổ chức thực hiện

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 23. Responsibilities of Central Ministries and branches

1. Ministry of Agriculture and Rural Development shall:

a) Take lead and cooperate with the Ministry of Resources & Environment and permanent related Ministries and regulatory bodies in helping Government inspect, supervise and speed up the implementation of this Decree; yearly collect and report the result to Government.

b) Provide guidance to the agriculture and forestry companies on setting up plan for restructuring; provide guidance to local authorities and Ministries regulatory bodies on setting up overall project on restructuring of agriculture and forestry companies; preside over the appraisal of the overall projects of Ministries, regulatory and local authorities.

c) Set up and request competent authorities to issue competently regulations and guideline on sustainable forest management standard and forest certificates, exhausted forest improvement criterion; innovate and perfect the policy on forest and forestry land allocation, the policy on forest benefits.

d) Take lead and cooperate with Ministry of Finance in providing guidance on valuation of orchards, planted forests and animals of agriculture and forestry companies; determining unit prices for manufacturing and supply of products/services as foundation of placing orders and setting targets.

dd) Provide training courses to improve organization and manufacture level, science, technique, business administration and market approach knowledge for staff members and officials in agriculture and forestry companies.

2. Ministry of Resources and Environment shall:

Preside over guiding management and use of land when restructuring, developing and improving the forestry companies:

a) Provide guidance on measuring, mapping, allocating and leasing land and on issuing certificates of land use right to agriculture and forestry companies according to Laws on land.

b) Provide guidance on dealing with cases breaking the law on land use management

c) Adjust and complete rent price definition method of land for agriculture and forestry manufacture.

3. Ministry of Finance shall:

Set up, issue or request the competent authorities to issue:

a) Mechanism, financial policy particular about restructuring, development and agriculture and forestry companies’ improvement as prescribed in Article 19 of this Decree.

b) State budget provides funding for protecting and developing of protective forests and special-use forests that the State allocate to companies, natural forests have not had sustainable management project and have not had international certificates of sustainable forest management; funding for the surveying, measuring, mapping land and issuing certificates of land use right to agriculture and forestry companies.

c) Cooperate with the State Bank of Vietnam in solving old loans of agriculture and forestry companies; propose adjustments to mechanism for settling the old loans, including principals and interests with regard to agriculture and forestry companies during their restructuring process.

4. Ministry of Planning and Investment shall:

a) Provide guidance on the policy on investment, support the infrastructure investment; attract and encourage the investment; order, commission the agriculture and forestry companies on public interest plans.

b) Cooperate with Ministry of Finance in using the state budget for protecting and developing planted forests and special-use forests allocated by the State, production forest being natural forest that has not had sustainable forest management plan and has not been issued international forest certificate on sustainable forest management; for supporting the inspecting, measuring, marking, mapping land and issuing the certificates on land use right to agriculture and forestry companies.

5. Ministry of Labor, War Invalids and Social Welfare shall:

Provide guidance on redundancy benefits when restructuring the agriculture and forestry companies; policies, employment regulations, social insurance and unemployment insurance for employees who do not get paid from companies because of the allocation contracts.

6. For State Bank of Vietnam: take lead and cooperate with the Ministry of Finance in providing guidance on settling the old loans of the agriculture and forestry companies; propose adjustments to mechanism of solving old loans, including principals and liabilities, with regard to agriculture and forestry companies when doing the restructuring.

Article 24. Responsibilities of provincial People’s Committee

1. Direct agriculture and forestry companies to restructure and draw up the overall project on restructuring of under agriculture and forestry companies, request Ministry of Agriculture and Rural Development to appraise then request the Prime Minister to approve and take lead in the implementation.

2. Direct the handling land which is leased, borrowed, transgressed, in dispute or illegal transferred; give decision for land allocation, lease, withdrawal and land use certificating for local agriculture and forestry companies according to the approved land use project.

3. Provide guidance and inspection for the construction and request of competent approval for land use project of agriculture and forestry companies and supervise the effectuation.

Article 25. Responsibilities of agriculture and forestry corporations, parent companies and companies

1. Corporations, parent companies shall:

a) Direct the subsidiary agriculture and forestry companies to draw up plan on restructuring and make overall plans on restructuring of subsidiary agriculture and forestry companies, then request the Ministries in charge and Ministry of Agriculture and Rural Development to approve, then request the Prime Minister to approve and direct the implementation.

b) Take lead and cooperate with competent local authorities in directing the subsidiary agriculture and forestry companies to inspect land then make documents and submit them to provincial People’s Committee. The People’s Committee of the provinces will allocate and lease out land then issue the certificate on land use right to the subsidiary units.

c) Take lead and cooperate with competent local authorities having agriculture and forestry companies in guiding the companies to draw up land use plans and request the provincial People’s Committee to approve.

2. Agriculture and forestry companies

a) Draw up plan of restructuring to request the provincial People’s Committee (with regard to companies directly under province); corporations and parent companies (with regard to companies directly under corporations and parent companies) to approve.

b) Cooperate with competent local authorities in surveying land and request the provincial People's Committee to allocate and lease out land then issue the certificate of land use right.

c) Cooperate with competent local authorities in drawing up land use plan and request the provincial People's Committee to approve.

Article 26. Solving potential problems

1. State-owned farm and forestry plantations that have not been transformed into state-owned agriculture and forestry one-member limited liability companies shall receive the restructuring, the development and the improvement as prescribed in this Decree.

2. Agriculture and forestry companies that have plan of business restructuring and transforming approved by Prime Minister and associated with the ones prescribed in this Decree can continue applying the approved plan.

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