Joint Circular No. 04/2013/TTLT-BKHĐT-BNNPTNT-BTC amending and supplementing certain provisions of Joint Circular No. 03/2012/TTLT-BKHĐT-BNNPTNT-BTC dated June 5, 2012 guiding the implementation of Decision No. 147/2007/QĐ-TTg and Decision No. 66/2011/QĐ-TTg of the Prime Minister

JOINT CIRCULAR

Amending and supplementing certain provisions of Circular Joint Circular No. 03/2012/TTLT-BKHĐT-BNNPTNT-BTC dated June 5, 2012 guiding the implementation ofDecision 147/2007/QĐ-TTg and Decision 66/2011/QĐ-TTg of the Prime Minister

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Pursuant to Decision No. 147/2007/QĐ-TTg dated September 10, 2007 of the Prime Minister on certain policies for developing production forests during the period 2007-2015 (hereinafter referred to as Decision No. 147/2007/QĐ-TTg);

Pursuant to Decision No. 66/2011/QĐ-TTg dated December 9, 2011 of the Prime Minister amending certain articles of Decision No. 147/2007/QĐ-TTg dated September 10, 2007 of the Prime Minister (hereinafter referred to as Decision No. 66/2011/QĐ-TTg);

The Ministry of Planning and Investment; the Ministry of Agriculture and Rural Development; the Ministry of Finance amend and supplement certain provisions of Joint Circular No. 03/2012/TTLT-BKHĐT-BNNPTNT-BTC dated June 5, 2012 guiding the implementation of Decision No. 147/2007/QĐ-TTg and Decision No. 66/2011/QĐ-TTg of the Prime Minister as follows:

Article 1. Amending and supplementing certain provisions of Joint Circular No. 03/2012/TTLT-BKHĐT-BNNPTNT-BTC as follows:

1. Amend the provision at Clause 9, Section II of Circular No. 03/2012/TTLT-BKHĐT-BNNPTNT-BTC as follows:

a) The third line from the top of the Table prescribed on page 11 of the Circular shall be changed to: "Survey, design, and contract signing costs are VND 150,000/ha".

b) The sixth line from the top prescribed on page 12 of the Circular shall be changed to: "The support survey and design level is VND 150,000/ha".

2. Repeal the provisions at sub-items b, c, d, đ, Point 17.4, Clause 17, Section II of the Circular and replace them with the following:

a) New Sub-item b: The factory can only be paid the capital support for transportation after completing investment and passing acceptance according to regulations; the capacity for calculating the supported expenses is based on the actual capacity upon acceptance. In cases where there are multiple small factories within one large factory, each small factory meeting the "Support Factory Conditions" stipulated in this clause may be accepted separately.

- Acceptance procedure: After completing the factory, the investor sends a request for acceptance letter to the Department of Agriculture and Rural Development within 20 working days. Within this period, the Department of Agriculture and Rural Development has the responsibility to invite members to accept the actual capacity of the factory. The acceptance committee is chaired by the Department of Agriculture and Rural Development and includes representatives from the Departments of Planning and Investment, Finance, Science and Technology, Industry and Trade, and the People's Committee of the district where the factory is located. The acceptance dossier includes: Request for acceptance letter; investment certificate; construction permit; decision approving technical design and general budget estimate issued by the investor.

- Acceptance content: Determine the actual capacity of the factory to determine the support level.

- Transportation support amount: As stipulated in Clause 6, Article 1 of Decision No. 66/2011/QĐ-TTg dated December 9, 2011 of the Prime Minister. The calculation of the total initial support amount is as follows: A = S (tons) x L (kilometers) x 5 (years) x 1,500 (VND/kilometer) x 70%; wherein:

+ A is the total initial support amount immediately after acceptance;

+ S is the actual capacity of the factory upon acceptance;

+ L is the transport distance (to the nearest point in Hanoi by road).

- Payment dossier for transportation support capital includes:

+ Support decision for the factory by the competent authority;

+ Capital allocation plan for the factory;

+ Acceptance record of the actual capacity of the factory;

+ Investor's payment request.

b) New Sub-item c: Conditions for receiving capital support:

- The State will only support factories producing composite wood panels combined with wood chips or composite wood panels combined with MDF to utilize raw materials, or factories producing plywood and blocks from wood and bamboo. The factory must not relocate from its registered production site within 20 years.

- The factory must have a minimum actual capacity of 10,000 m³/year. Equipment must be new (100%) or second-hand but produced in developed countries after 2000.

- The enterprise must have an area of planted production forest sufficient to supply raw material for the factory, ensuring at least 50% of the designed capacity, or the location of the factory must have a raw material supply area that guarantees 100% of the factory's capacity.

- It must be a non-state-owned enterprise. If it is a state-owned enterprise, it can only receive support if it is a wood processing facility that has been privatized with state ownership not exceeding 50%."

3. Repeal Sub-item c, Point 22.5, Clause 22, Section III of the Circular and replace it with the following: The settlement of state budget capital for projects implementing the policy of developing production forests shall be carried out in accordance with Circular No. 172/TT-BTC dated December 1, 2011 of the Ministry of Finance on management, payment, and settlement of capital for forestry construction projects funded by the state budget and other supplementary guidance documents of the state (if any).

Article 2. Implementation Provisions.

1. This Circular takes effect from October 10, 2013. Provisions not covered by this Circular continue to be implemented in accordance with Joint Circular No. 03/2012/TTLT-BKHĐT-BNNPTNT-BTC dated June 5, 2012 guiding the implementation of Decision No. 147/2007/QĐ-TTg and Decision No. 66/2011/QĐ-TTg of

2. During the implementation of this Circular, if there are any difficulties, units are requested to report in writing to the Ministry of Planning and Investment, the Ministry of Agriculture and Rural Development, and the Ministry of Finance for consideration and resolution.