Chương V Quyết định 38/2016/QĐ-TTg: Giải pháp và tổ chức thực hiện

Chapter V

SOLUTIONS AND IMPLEMENTATION

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.

c) Projects on investment support for planting of production forests of non-state enterprises, cooperatives shall be formulated on the basis of the actually allocated or leased land areas and land of households, individuals and communities agreeing to provide raw materials for enterprises and cooperatives invested by those enterprises.

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:

a) Take charge and cooperate with concerned agencies in formulation of forestland use planning, allocation of forestland and forests, lease or contracting of forestland in implementation of this Decision.

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

a) Take charge and cooperate with the Ministry of Finance, the Ministry of Agriculture and Rural Development in balancing annual and mid-term sources of fund, to be submitted to the Prime Minister for decision.

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.

b) Formulate and approve plannings on breeding forest and nursery systems up to 2020, with a vision until 2030 (consulting the Ministry of Agriculture and Rural Development prior to approval). Direct provincial/municipal Services of Agriculture and Rural Development in quickly granting certificates of standard seed sources according to the Regulation of Ministry of Agriculture and Rural Development on management of forest plant varieties. Announce on the mass media accredited breeding establishments.

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

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and Heads of relevant agencies shall implement this Decision./.