Circular No. 02/2015/TT-BNNPTNT guiding the development of plans and comprehensive restructuring and modernization schemes for agricultural and forestry companies in accordance with Government Decree No. 118/2014/NĐ-CP dated December 17, 2014 on the restructuring, modernization, development, and enhancement of the operational efficiency of agricultural and forestry companies.

CIRCULAR

Guidelines for developing plans and comprehensive restructuring schemes reorganization, innovationto reorganize and modernize agricultural and forestry companies in accordance with Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government on restructuring, modernizing and developing, enhancing the efficiency of operations of agricultural and forestry companies. of December 2014 by the Government on reorganization, innovation, and development,to improve the efficiency of agricultural and forestry company operations

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Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government on restructuring, modernizing and developing, enhancing the efficiency of operations of agricultural and forestry companies;

At the proposal of the Director General of the Forest Management Department,

The Ministry of Agriculture and Rural Development issues this Circular guiding the development of plans and comprehensive restructuring schemes to reorganize and modernize agricultural and forestry companies in accordance with Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government on restructuring, modernizing and developing, enhancing the efficiency of operations of agricultural and forestry companies. This Circular guides the development of plans and comprehensive restructuring schemes to reorganize and modernize agricultural and forestry companies (hereinafter referred to as Plans and Schemes) in accordance with the provisions of Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government on restructuring, modernizing and developing, enhancing the efficiency of operations of agricultural and forestry companies (hereinafter referred to as Decree No. 118/2014/NĐ-CP).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

a) State-owned agricultural and forestry companies holding 100% of the charter capital as provided for in point a Clause 2 Article 1 of Decree No. 118/2014/NĐ-CP; state-owned agricultural and forestry farms holding 100% of the charter capital as provided for in Clause 1 Article 26 of Decree No. 118/2014/NĐ-CP (hereinafter referred to as agricultural and forestry companies).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

b) Ministries and agencies representing state ownership at agricultural and forestry companies as specified in point a of this clause (hereinafter referred to as ministries and agencies in charge); People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial People's Committees); agricultural and forestry groups and corporations.

c) State agencies and organizations related to the development of Plans and Comprehensive Restructuring Schemes for agricultural and forestry companies.

c) State agencies and organizations related to the formulation of the Reorganization and Innovation Master Plan for agricultural and forestry companies.

Article 2. Requirements for Developing Plans and Schemes

Plans and Schemes must ensure comprehensive and fundamental restructuring and modernization of agricultural and forestry companies in accordance with Decree No. 118/2014/NĐ-CP and meet the following requirements:

1. Accurately reflect the current situation and propose feasible restructuring and modernization contents;

2. Clearly define the functions and tasks of agricultural and forestry companies after restructuring and modernization. Clearly delineate public service tasks and production and business tasks;

3. Management and utilization measures for land, forests, assets, capital, and labor must be specific and comply with legal regulations;

4. Specifically determine the timeline and conditions to ensure effective implementation of Plans and Schemes immediately after approval by competent authorities.

Article 3. Basis for Developing Plans and Schemes

1. Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government and related legal documents.

2. Economic and social development plans; land use plans and three types of forest planning; agricultural and forestry development plans of localities.

3. Current status of land management and use, forest resources, and production and business results of agricultural and forestry companies over the last three consecutive years.

Chapter II

CONTENTS, PROCEDURES FOR DEVELOPMENT, REVIEW, SUBMISSION FOR APPROVAL AND IMPLEMENTATION OF PLANS AND SCHEMESAND THE IMPLEMENTATION OF THE PROPOSAL AND OVERALL PLAN

Article 4. Content of the Proposal

The Proposal has a structure and content according to the model attached as Appendix I of this Circular. Among them, some basic contents are as follows:

1. Regarding land of agricultural and forestry companies

a) For areas of agricultural production land, aquaculture land, salt-making land, other agricultural land, non-agricultural land (residential land, specialized-use land), unused land (excluding forest land), coastal water surface land, determine the area, current status of various types of land, use the results of land statistics and inventory up to December 31 of the year immediately preceding the Proposal preparation date, adjust increases and decreases to the Proposal preparation date.

c) Conduct a review, statistics, and develop a land use plan in accordance with Article 13 of Decree No. 118/2014/NĐ-CP, with all the following data:

- Determine the area of land retained for reorganizing production and business activities under each form of land allocation and lease as stipulated in Article 14 of Decree No. 118/2014/NĐ-CP;

- Determine the area not retained and handed over to the locality as stipulated in Article 15 of Decree No. 118/2014/NĐ-CP;

- Determine the area of leased and borrowed land, encroached land with disputes, joint venture land, cooperative investment land as stipulated in Article 16 of Decree No. 118/2014/NĐ-CP;

- Determine the area of residential land, household economic land as stipulated in Article 17 of Decree No. 118/2014/NĐ-CP.

d) The current status and land use plan after restructuring and modernization of agricultural and forestry companies at points a, b, c of Clause 1 of this Article shall be reported according to Form No. 01/ĐĐ, 02/ĐĐ attached to Appendix I.

2. Regarding assets on land

a) For agricultural companies: determine the quantity and value of all types of company assets based on the inventory number 31/12 of the year immediately preceding the Proposal preparation date, adjust increases and decreases to the Proposal preparation date.

- For productive forest land which is planted forest: determine the area and value of existing planted forest of the company according to the regulations of the Ministry of Finance - Ministry of Agriculture and Rural Development at the Proposal preparation date, adjust increases and decreases to the Proposal preparation date.

- Statistics the quantity, value (original cost, remaining value) of assets and infrastructure facilities classified by type needed for company production and business operations, type not needed and handed over to local management as stipulated in Clause 4 of Article 19 of Decree No. 118/2014/NĐ-CP.

- Other company assets: quantity and value based on the inventory up to December 31 of the year immediately preceding the Proposal preparation date, adjust increases and decreases to the Proposal preparation date. Data on assets on land of agricultural and forestry companies shall be reported according to Forms No. 03/TS, 04/TS, 05/TS attached to Appendix I.

3. Regarding finance

a) Statistics the results of production and business operations of the company in the three (03) consecutive years prior to the Proposal preparation date according to the financial accounting fiscal year. Financial data and production and business operation results of agricultural and forestry companies shall be presented according to Forms No. 06/TC, 07/KD attached to Appendix I.

b) Determine the current registered capital, calculate the need for registered capital according to Clause 1, 2 of Article 19 of Decree No. 118/2014/NĐ-CP, presented according to Form No. 08/TCĐT attached to Appendix I.

d) Determine the budget for conducting reviews, measurements, marking boundaries, preparing cadastral maps, and issuing land use right certificates for the company according to the current unit price and standard of the locality, presented according to Form No. 08/TCĐT attached to Appendix I.

4. Regarding investment

a) Determine the annual budget requirement to implement public welfare tasks specified in Clauses 1, 2 of Article 20 of Decree No. 118/2014/NĐ-CP, presented according to Form No. 08/TCĐT attached to Appendix I.

b) Determine the investment support needs for fire prevention and firefighting in forests, construction of forestry roads as specified in Clause 3 of Article 20 of Decree No. 118/2014/NĐ-CP, presented according to Form No. 08/TCĐT attached to Appendix I.

5. Regarding labor

a) Evaluate the situation of labor utilization, implementation of wage and bonus systems, insurance for employees (if applicable) in the company according to current state regulations.

b) Develop a labor utilization plan in accordance with Article 46 of the Labor Code, including: list of employees to continue using, employees sent for training to continue using; list of employees eligible for retirement; list of employees terminating employment contracts; list of employees unable to be assigned work including surplus employees, employees terminating employment contracts according to the Labor Code; measures and sources of funds for labor adjustment.

Data on labor of agricultural and forestry companies before and after restructuring shall be presented according to Form No. 09/LĐ attached to Appendix I.

6. Regarding science and technology: Statistics ongoing and planned projects on experimental production, application of new technologies in production and business operations, reported according to Form No. 10/KHCN attached to Appendix I.

1. Agricultural and Forestry Companies shall be responsible for preparing the Plan to submit for review to the People's Committee of the province (for companies under provincial jurisdiction); Groups and Corporations (for companies under Group and Corporation jurisdiction); and Ministries and Sectors representing state capital ownership (for companies under Ministry and Sector jurisdiction).

2. The documents for reviewing the Plan include:

a) The company's application for review sent to the competent authority which is the People's Committee of the province; Group or Corporation; or the competent Ministry or Sector.

b) The Plan for restructuring and modernization of agricultural and forestry companies.

c) Documents from the People's Committee of the province where the company operates regarding the content of the Plan (for companies under Group, Corporation, or Ministry and Sector jurisdiction).

3. Number of documents submitted for review: Agricultural and forestry companies shall submit one (01) set of paper documents directly or via postal service, and one (01) electronic copy containing files saved on a CD in Microsoft Office 2003 format or later, with font size 13-14 and Times New Roman font; tables and data files processed according to this Circular using natural numbers with one decimal place, and related data between tables must be linked through hyperlinks (links).

4. Submission address for the Plan review documents:

a) For agricultural and forestry companies under the provincial People's Committee, submit the review documents to the Department of Agriculture and Rural Development of the province or centrally-administered city.

b) For agricultural and forestry companies under Groups or Corporations, submit the review documents to the Group or Corporation's office.

c) For agricultural and forestry companies under Ministries or Sectors, submit the review documents to the competent Ministry or Sector.

d) Within one (01) working day of receiving the documents, the receiving agency shall issue a document requesting the agricultural and forestry company to supplement the documents if they are incomplete or invalid.

5. Review of the Plan

a) The People's Committee of the province shall establish a review board including the Department of Agriculture and Rural Development as the permanent body, and other relevant departments and sectors such as Natural Resources and Environment, Planning and Investment, Finance, Labor, Invalids and Social Affairs, Science and Technology, and Home Affairs. Groups, Corporations, and competent Ministries and Sectors shall establish a review board comprising specialized units under their jurisdiction.

b) Within twenty (20) working days from the date of receipt of valid review documents of agricultural and forestry companies under provincial jurisdiction, the assigned reviewing agency shall establish a review board, organize the review, prepare a report, and submit it to the People's Committee of the province, Group or Corporation, or competent Ministry or Sector, which shall issue a review document to the company.

For agricultural and forestry companies under Groups, Corporations, or competent Ministries and Sectors, before submitting for review, they must send the Plan to the People's Committee of the province where the company operates for comments on the content of the Plan in writing.

c) Within five (05) working days from the date of receipt of the review document, the agricultural and forestry company shall be responsible for supplementing and perfecting the documents according to the content of the review document issued by the People's Committee of the province, Group or Corporation, or competent Ministry or Sector, and resubmit them to the designated agency as stipulated in Clause 2, Clause 3, and points a, b, c of Clause 4 of this Article.

Article 6. Content of the Plan

2. The Plan shall have a structure and content according to the model set out in Appendix II attached hereto. Among which, some basic contents are as follows:

a) Summarize the basic situation regarding land management and utilization; production and business results up to the time of compiling the Plan and prepare separate tables for groups of agricultural companies and groups of forestry companies according to models 01/TH-ĐĐ, 02/TH-SDĐ, 03/TH-KD in Appendix II.

b) Summarize the restructuring and modernization of agricultural and forestry companies; land management and utilization; asset management and utilization; forest management and utilization; public service tasks; finance and investment; labor; science and technology when implementing the restructuring and modernization according to Decree No. 118/2014/ND-CP and prepare separate tables for groups of agricultural companies and groups of forestry companies according to models 04/SXĐM, 05/SDĐ, 06/SDTS, 07/QLR, 08/TCĐT, 09/TH-LĐ, 10/TH-KHCN in Appendix II.

Article 7. Drafting, Reviewing, Submitting for Approval, and Implementing the Plan

a) A letter from the People's Committee of the province, group corporation, holding company, or sectoral management agency requesting review;

b) A draft proposal to the Prime Minister about the Plan from the People's Committee of the province, group corporation, holding company, or sectoral management agency. For group corporations and holding companies, the sectoral management agency must also attach written opinions from the People's Committee of the province where the member units operate regarding the scheme of those units;

c) The overall plan for restructuring and modernizing agricultural and forestry companies;

g) Place to receive the Plan review documents: Enterprise Management Department under the Ministry of Agriculture and Rural Development. Within one (01) working day from the date of receipt of the documents, the receiving agency shall issue a document requiring the submitting agency to supplement the documents if the submitted documents are incomplete and invalid.

a) Establishing the Review Board: The Ministry of Agriculture and Rural Development shall establish the Review Board, members of which include representatives from Ministries and agencies at the level of ministries such as the Ministry of Natural Resources and Environment, Ministry of Finance, Ministry of Labor, Invalids and Social Affairs, Ministry of Planning and Investment, Government Office, and related units under the Ministry of Agriculture and Rural Development, chaired by a Deputy Minister of the Ministry of Agriculture and Rural Development.

b) Within twenty (20) working days from the date of receipt of complete and compliant Plan documents, the Enterprise Management Department shall submit the Plan to the Review Board for review, record the minutes, and issue a review document from the Ministry of Agriculture and Rural Development to be sent to the requesting agency to perfect the documents.

a) Proposal to the Prime Minister about the overall plan for restructuring and modernizing agricultural and forestry companies from the People's Committee of the province, group corporation, holding company, or sectoral management agency;

b) The Plan;

c) Report explaining and incorporating review comments;

d) Review document from the Ministry of Agriculture and Rural Development.

6. Implementing the approved overall Plan: after the Plan is approved by the Prime Minister, within five (05) working days from the date of receipt of the approval document, the People's Committee of the province, group corporation, holding company, or sectoral management agency shall approve the schemes of subordinate agricultural and forestry companies and organize implementation.

1. The time limit for completing the Scheme file on restructuring and modernization of agricultural and forestry companies and submitting it to the representative of the owner for review before May 15, 2015.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of agencies and units under the Ministry of Agriculture and Rural Development

a) Receiving the review files of the Plan, preparing the content for review to be submitted to the Review Board.

b) Submitting to the Minister for the establishment of the Review Board for the overall Plan on restructuring and modernization of agricultural and forestry companies in accordance with this Circular.

c) Summarizing and submitting to the Minister of Agriculture and Rural Development for issuance of the review document of the Plan.

d) Guiding, urging, and inspecting the implementation of the Scheme and Plan in accordance with this Circular.

đ) Summarizing the results of the restructuring and modernization of agricultural and forestry companies periodically and annually to submit to the Ministry of Agriculture and Rural Development for reporting. The Prime Minister.

a) Participating in the review of Plans for forestry companies.

b) Guiding, urging, and inspecting the implementation of the Scheme and Plan throughout the country.

Article 10. Responsibilities of Provincial People's Committees, Groups, Corporations, Ministries, and Sectors in Charge

3. Directing and organizing the implementation of the approved Plan.

4. Approving the Scheme of directly affiliated agricultural and forestry companies within their authority.

Article 11. Responsibilities of Agricultural and Forestry Companies

Developing the Scheme and implementing it according to the approved Scheme in compliance with the law.

Article 12. Effective Date

This Circular takes effect from March 12, 2015.