Chapter II
POST-INVESTMENT ASSISTANCE
Article 4. Guidance on issuing decisions on investment guidelines for the list of projects for encouragement of enterprises’ investment in agriculture and rural areas within the power of the People’s Committee of the province
1. Rules for consolidating the list of projects for encouragement of enterprises’ investment in agriculture and rural areas:
a) Priority is given to agricultural product processing projects that use local materials or a lot of employees (at least 100 employees).
b) Priority is given to projects for production of mechanical products, equipment, components of equipment and auxiliary products for the agriculture industry.
c) Priority is given to projects with manufacturing processes which are eco-friendly, consume less energy and reduce emission.
d) Priority is given to projects for forming production linkages to create value chains in the agriculture industry, organic and hi-tech agricultural production projects.
2. Procedures for compiling a list of projects for encouragement of enterprises’ investment in agriculture and rural areas:
a) According to local socio - economic development and investment proposals made by departments, sectors, People’s Committee of the district and relevant trade associations, and enterprises, the Provincial Department of Planning and Investment shall draft a list of projects for encouragement of enterprises’ investment in agriculture and rural areas.
b) The Provincial Department of Planning and Investment shall notify the People’s Committee of the province of the draft list of projects for encouragement of enterprises’ investment in agriculture and rural areas and the plan for organization of the provincial conference on encouragement of enterprises’ investment in agriculture and rural areas.
c) After the provincial conference on encouragement of enterprises’ investment in agriculture and rural areas, the Provincial Department of Planning and Investment shall consolidate and review the draft list of projects for encouragement of enterprises’ investment in agriculture and rural areas and submit it to departments, sectors, People’s Committee of the district and associations (if any) to seek opinions.
The following columns are added to the notes section in the Form 01 Appendix II enclosed with the Circular No. 57/2018/ND-CP: Enterprises expected to make investment, progress of the project, technology applied, investment incentives and conditions for application and effective period of the investment guidelines decision.
3. Approval for decisions on investment guidelines for listed projects for encouragement of enterprises’ investment in agriculture and rural areas:
According to application form submitted by the Provincial Department of Planning and Investment, after 10 working days, the People’s Committee of the province shall approve decisions on investment guidelines for listed medium-term projects for encouragement of enterprises’ investment in agriculture and rural areas (adjustments and amendments shall be annually made).
4. Regarding the projects (not funded by the State) that have not yet been included in the list of projects for encouragement of enterprises’ investment in agriculture and rural areas, applications and procedures for approval for investment guideline decision are mentioned in Article 33 of the Law on Investment.
5. According to the list of projects for encouragement of enterprises’ investment in agriculture and rural areas, the enterprise shall execute its project and apply for assistance as prescribed in Point a Clause 1 Article 17 of the Decree No. 57/2018/ND-CP. The People’s Committee of the province shall, according to its capacity for allocating assistance, make a written commitment to provide assistance for the enterprise as prescribed in Point b Clause 1 Article 17 of the Decree No. 57/2018/ND-CP.
6. Regarding the project funded by the central government budget, the People’s Committee of the province shall submit an application for written commitment to provide assistance to the Ministry of Planning and Investment as prescribed. Regarding the project funded by central government authority as prescribed in Clause 1 Article 14 of the Decree No. 57/2018/ND-CP, such central government authority shall submit an application for appraisal as prescribed by the Law on Public Investment.
Article 5. Funding sources and combination of funding for implementation of policies on encouragement of enterprises’ investment in agriculture and rural areas
1. Central government budget for annual investment in agriculture under the Decree No. 57/2018/ND-CP includes: funding for the national target program for construction of new rural areas, target programs for agriculture restructuring, natural disaster management and life stability, sustainable forestry development, fisheries economics development and investment for agriculture industry under other programs and projects.
2. Local government budget annually provided for agriculture under the Decree No. 57/2018/ND-CP includes capital construction expenditure on programs and projects under the management of local government, and recurrent expenditure of local authorities and units assigned to directly manage agriculture, forestry, salt production, aquaculture, irrigation and rural development, including activities related to agriculture, forestry, salt production, aquaculture and irrigation development, construction of new rural areas and other activities related to rural development.
3. Combination of funding sources for implementation of policies:
a) Based on the funding provided by the central government budget to national target programs and dedicated financial support programs, the Provincial Department of Planning and Investment shall take charge and cooperate with relevant departments in combining such funding and estimating funding to be allocated to projects executed as prescribed in the Decree No. 57/2018/ND-CP, and notifying the People's Committee of the province thereof.
b) The People's Committee of the province shall decide to combine funding covered by the local government budget upon formulation of annual and mid-term plans to implement the Decree No. 57/2018/ND-CP.
Article 6. Provision of post-investment assistance to enterprises
1. The Provincial Department of Planning and Investment shall take charge and cooperate with the Provincial Department of Finance and relevant departments in estimating the assistance covered by the local government budget and notify the People’s Committee of the province, which will request the People's Council at the same level to approve annual and mid-term assistance granted to the “Program for provision of assistance for enterprises’ investment in agriculture and rural areas” investing in agriculture and rural development sector” item.
2. After receiving the assistance provided by the local government budget to the “Program for provision of assistance for enterprises’ investment in agriculture and rural areas”, the Provincial Department of Planning and Investment shall, according to Clause 3 Article 15 of the Decree No. 57/2018/ND-CP, estimate funding to be allocated and request the People’s Committee of the province to provide assistance to enterprises.
Article 7. Reporting regulations
1. People’s Committees of provinces, Ministries and departments that provide assistance to enterprises making investment in agriculture and rural areas shall submit a report to the Ministry of Planning and Investment, Ministry of Finance and Ministry of Agriculture and Rural Development by March 31. The report shall clearly specify the assistance provided, operation of the enterprises provided with assistance, and difficulties and recommendations to be reported to central government authorities.
2. The Ministry of Planning and Investment shall submit a consolidated report to the Prime Minister by April 30.
Tìm kiếm
Thông tư 04/2018/TT-BKHĐT (Bản Word)
Thông tư 04/2018/TT-BKHĐT (Bản Pdf)