Chapter II
INVESTMENT SUPPORT FOR FOREST PROTECTION AND DEVELOPMENT
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.
7. Conditions for receiving support:
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.
4. Natural forest restoration and reproduction: The State encourages development of protection forests, special-use forests using method of natural forest restoration and reproduction with specific levels below:
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%.
3. Obligations: When exploiting products from planted forests, a forest owner shall remit into the forest protection and development fund of commune and village a sum of money equivalent to 80kg of rice/ha/cycle of planted forest, each of which will receive 50% of the sum.
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.
Article 10. Investment support for planting and management of breeding forests and nurseries
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.
b) Having at least 3 ha of land for building the center (including land for building houses, workshops and nurseries).
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 12. Investment support for nurseries
1. Conditions for nurseries to enjoy support:
a) Being an establishment which nurture forest trees by the method of using cuttings, shoots, seeds or seedlings from tissue buds.
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.
Article 13. Support for investment in forestry roads
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.
2. Investment projects receiving support prescribed in Clause 1 of this Article shall meet the following conditions:
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.
Tìm kiếm
Quyết định 38/2016/QĐ-TTg (Bản Word)
Quyết định 38/2016/QĐ-TTg (Bản Pdf)