Circular No. 02/2018/TT-BKHĐT guiding the implementation of certain contents of Decision No. 38/2016/QĐ-TTg dated September 14, 2016 of the Prime Minister on issuing some policies for forest protection, development, and investment support for infrastructure and public service tasks for agricultural and forestry companies.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decision No. 38/2016/QĐ-TTg dated September 14, 2016 of the Prime Minister on Issuing Certain Policies for Forest Protection and Development and Investment Support for Infrastructure and Public Service Tasks for Agricultural and Forestry Companies

_____________

Pursuant to the Law on Public Investment dated June 18, 2014;

Pursuant to Decree No. 86/2017/NĐ-CP dated July 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government on the reorganization, reform, development, and enhancement of operational efficiency of agricultural and forestry companies;

Pursuant to Decree No. 136/2015/NĐ-CP dated December 31, 2015 of the Government guiding the implementation of some provisions of the Public Investment Law;

Pursuant to Decision No. 38/2016/QĐ-TTg dated September 14, 2016 of the Prime Minister on issuing certain policies for forest protection and development and investment support for infrastructure and public service tasks for agricultural and forestry companies;

At the proposal of the Director of the Department of Agricultural Economysession number,

The Minister of Planning and Investment issues this Circular guiding the implementation ofcertain provisions of Decision No. 38/2016/QĐ-TTg dated September 14, 2016 of the Prime Minister on issuing certain policies for forest protection and development and investment support for infrastructure and public service tasks for agricultural and forestry companies.

Chapter 1 - GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular guides the implementation of certain provisions stipulated in Decision No. 38/2016/QĐ-TTg dated September 14, 2016 of the Prime Minister on issuing certain policies for forest protection and development and investment support for infrastructure and public service tasks for agricultural and forestry companies (hereinafter referred to as Decision No. 38/2016/QĐ-TTg), including:

a) Standard support levels as set out in Appendix I attached hereto.

b) Implementation contents of projects for forest protection and development, afforestation; scattered tree planting; seedling forests, seedling gardens; high-quality forest seed production; seedling nurseries; forest road support; high-tech forest zones; wood processing; investment support projects for infrastructure and public service tasks for agricultural and forestry companies.

c) Project completion inspection.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Circular applies to organizations, households, individuals, and community residents as stipulated in Clause 2, Article 2 of Decision No. 38/2016/QĐ-TTg.

Article 2. Interpretation of Terms

1. State-established organizations in this Circular include: State-owned enterprises (state-run enterprises), Forest Inspection Stations, Border Guard Posts, management boards of protective forests, management boards of special-use forests (including national parks, nature reserves, species and habitat conservation areas), and other boards established by the state in accordance with the law.

2. Forest engineering works in this Circular include: Afforestation, forest care (including construction and transformation of seedling forests, seedling gardens, experimental forests, integrated agriculture and forestry afforestation, replacement afforestation); forest protection and encirclement regeneration; seed production (seedlings); nursery construction; firebreak construction.

3. Forest engineering cycle: Forest protection and encirclement regeneration contract averaging 5 years; Small timber afforestation, encirclement regeneration with supplementary planting averaging 7 years; Large timber afforestation, averaging 10 years. The Provincial People's Committee decides specifically on the forest engineering cycle when approving the project.

4. A forest protection and development project is a project that includes one or more components throughout the forest engineering cycle, including: Production forest afforestation; special-purpose forest afforestation; protective forest afforestation; scattered tree planting; forest protection and encirclement regeneration; infrastructure works serving forest engineering.

5. Infrastructure works serving forest engineering include: Fire lookout towers; fire warning signs; internal regulations signs; afforestation project signs; nurseries; firebreaks; forest protection stations; forest workers' huts; forest fire prevention works; dormitories for agricultural and forestry company employees.

Chapter 2 - SPECIFIC PROVISIONS

Article 3. Establishment, Review, and Approval of Investment Projects

The establishment, review, and approval of projects shall be carried out in accordance with the provisions of the Public Investment Law and Decree No. 136/2015/NĐ-CP dated December 31, 2015 of the Government guiding the implementation of certain Articles of the Public Investment Law and Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for construction investment.

Article 4. Scope of Projects

1. The scale of a forest protection and development project, a reforestation project must be at least 500 hectares; for mangrove forests, it must be at least 300 hectares. In cases where a province does not have sufficient area, the People's Committee of the province may establish a forest protection and development project.

2. Within the territory of a district, only one forest protection and development project using central budget funds managed by localities can be established. Central budget support is provided according to the provisions of Clause 4, Article 17, Decision No. 38/2016/QĐ-TTg. If there is already a special-use forest management board in the area, that board will act as the project sponsor.

Article 5. Implementation of Reforestation and Forest Protection and Development Projects by State-Owned Organizations as Project Sponsors

1. The implementation of forest protection and development projects, reforestation, and regeneration with supplementary planting must be stably contracted to people from planting, care, and protection stages according to the forestry cycle and benefit sharing as stipulated in Decision No. 38/2016/QĐ-TTg.

2. The project sponsor signs a reforestation and forest protection and development contract with households and groups participating in reforestation including technical design guidance and approved forestry works budget.

3. When people are assigned land for reforestation and forest development, they can plant forests themselves first and then receive support afterward according to the prescribed standards.

4. For long-term stable agricultural land transferred to people, they can plant forests themselves first. Areas planted into forests will be prioritized for inclusion in provincial reforestation and forest protection and development projects supported after investment and capital support according to regulations.

5. A list of households participating in reforestation and forest development is publicly posted at the commune People's Committee, village cultural house, and community about the area and amount received.

6. For reforestation land of agricultural and forestry companies that have been privatized according to Decree No. 118/2014/NĐ-CP dated December 17, 2014 of the Government, when the state owns more than 50% of the charter capital and receives support to implement reforestation projects, it will be stably contracted to household families.

Article 6. Implementation of Reforestation and Forest Protection and Development Projects by Private Enterprises, Limited Liability Companies, Joint Stock Companies with State Ownership Below 50% of Charter Capital, Partnership Companies, and Cooperatives as Project Sponsors

1. The project sponsor prepares technical design documents and works budget, self-approves technical design documents and works budget according to Clause 2, Article 19, Decision No. 38/2016/QĐ-TTg.

2. The project sponsor can independently carry out reforestation and forest development and receive post-investment support according to the prescribed standards when the forest is accepted.

Article 7. Implementation of Scattered Tree Planting

1. The project sponsor organizes seedling cultivation or contracts to purchase seedlings, plans planting, and organizes for participants to register planting specifying planting location, planting time, and tree species.

2. Household scattered tree planting along field boundaries combines with protecting agricultural crops.

3. Scattered trees on public land (roads, ditches) are prioritized to be contracted to organizations such as Youth Union, Veterans Association, Farmers' Association, Women's Union, cooperatives, and community residents to plant and benefit from.

4. Scattered tree planting is implemented through planting first and receiving post-investment support when the trees are accepted.

Article 8. Implementation of investment in fire prevention forest boundary roads (firebreak roads)

1. The investor shall prepare an investment plan (master plan) for firebreak roads. State support funds shall not be used for compensation and land clearance if the firebreak road passes through areas owned by forest owners.

2. When preparing the plan (master plan), priority should be given to supplementing fire prevention forest boundary roads for production forests that were planted previously but have not yet received support.

Article 9. Implementation of investment and ordering services for agricultural and forestry companies (as stipulated in Clause 2, Article 1 of Decree No. 118/2014/NĐ-CP)

1. Agricultural and forestry companies with protective and production forests that are natural forests not yet at harvest age, based on the current quota for managing and protecting forests, shall prepare a budget estimate for support at 50% of the average quota for managing and protecting forests as specified in Point a, Clause 2, Article 15 of Decision No. 38/2016/QĐ-TTg. The cycle for supporting ordered forest protection quotas is five years. The Department of Agriculture and Rural Development shall review and report to the People's Committee of the province for approval and assignment of the ordered forest management and protection plan to the agricultural and forestry company for forest management and protection.

2. Support for building forest management and protection stations, fire prevention facilities, and collective housing for workers.

a) Agricultural and forestry companies shall develop a forest protection and development project including the construction of forest management and protection stations, fire prevention facilities, and collective housing for workers.

b) In cases where agricultural and forestry companies do not develop forest protection and development projects or afforestation projects but require the construction of forest management and protection stations, fire prevention facilities, and collective housing for workers, these companies shall develop separate projects for these facilities. These facilities may use standard designs for common use to reduce administrative procedures for businesses. Provincial People's Committees shall issue standard designs for implementation.

c) After the project is approved, the investor shall implement the design and construction and shall be supported post-investment according to the standards set out in Appendix I.

Article 10. Acceptance of forest protection and development projects, seedling forest projects; seedling nurseries; high-quality tree seedling production; seedling nurseries; high-tech forestry zones; wood processing projects of private enterprises, limited liability companies, joint-stock companies with state ownership below 50% of the charter capital, and partnership companies shall be supported post-investment

1. Based on the acceptance proposal from the investor, the Department of Agriculture and Rural Development shall take the lead in inviting relevant agencies to accept the investor's project within 15 days.

2. Content of acceptance: Acceptance of project components or the entire project volume requiring support according to the standards set out in Appendix I; including acceptance of actual capacity of equipment (if applicable).

3. Acceptance team: The leader of the Department of Agriculture and Rural Development shall chair the Acceptance Board, members including representatives from the Department of Planning and Investment, the Department of Finance, and other relevant agencies.

4. The acceptance record of the Acceptance Board is sufficient basis for disbursing post-investment support funds to the investor.

5. Payment documents: The investor shall submit payment documents requesting disbursement of support funds including: the acceptance record, the support fund decision from the competent authority sent to the State Treasury for disbursement of the support amount.

Article 11. Acceptance of support projects and works before completion

1. The acceptance of forestry production works shall be carried out in accordance with Circular No. 23/2016/TT-BNNPTNT dated June 30, 2016 of the Ministry of Agriculture and Rural Development and current regulations.

2. For the remaining projects (as stipulated in Decision No. 38/2016/QĐ-TTg), implementation and acceptance shall be conducted in accordance with current construction regulations.

Chapter 3 - IMPLEMENTATION PROVISIONS

Article 12. Responsibility for Implementation

The Minister, Heads of Ministries at the level of ministerial departments, Heads of provincial People's Committees under the central government, and Heads of related units shall be responsible for implementing this Circular.

Article 13. Effective Date

1. This Circular takes effect from June 19, 2018.

2. Matters not covered in this Circular shall be implemented in accordance with current regulations.

3. This Circular replaces Joint Circular No. 03/2012/TTLT-BKHĐT-BNNPTNT-BTC dated June 5, 2012, and Joint Circular No. 04/2013/TTLT-BKHĐT-BNNPTNT-BTC dated August 19, 2013, issued by the Ministry of Planning and Investment, Ministry of Agriculture and Rural Development, and Ministry of Finance to guide the implementation of Decisions No. 147/2007/QĐ-TTg dated September 10, 2007, and No. 66/2011/QĐ-TTg dated December 9, 2011 of the Prime Minister on certain policies for developing production forests during the period 2007-2015.

4. Projects currently being implemented according to Joint Circular No. 03/2012/TTLT-BKHĐT-BNNPTNT-BTC dated June 5, 2012, and Joint Circular No. 04/2013/TTLT-BKHĐT-BNNPTNT-BTC dated August 19, 2013, guiding the implementation of Decisions No. 147/2007/QĐ-TTg dated September 10, 2007, and No. 66/2011/QĐ-TTg dated December 9, 2011 on certain policies for developing production forests during the period 2007-2015, shall continue to be implemented after January 1, 2016, in accordance with Clause 2, Article 21 of Decision No. 38/2016/QĐ-TTg, either in accordance with the aforementioned Joint Circulars or this Circular; components of the project that have not yet been implemented (not yet approved for technical design and budget estimate) shall be applied in accordance with this Circular.

5. In the course of implementation, if there are difficulties or obstacles, please promptly report them to the Ministry of Planning and Investment and relevant ministries and sectors for study and appropriate amendment and supplementation.

ANNEX I

 SUPPORT LEVEL FOR PROJECTS AS PROVIDED IN DECISION

NO. 38/2016/QĐ-TTG ON SEPTEMBER 14, 2016

(Attached to Circular No.  02 /2018/TT-BKHĐT dated 14 the 5 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).8 of the Ministry of Planning and Investment)