This Circular guides the management and use of state budget capital for implementing the Forest Protection and Development Plan for the period of 2011-2020 pursuant to Decision No. 57/QĐ-TTg. It applies to agencies, organizations, households, individuals related to the management and use of state budget capital for implementing this Plan.
Scope of application
Agencies, organizations, households, individuals, and community residents involved in the management and use of state budget capital for implementing the Forest Protection and Development Plan for the period of 2011-2020.
Key points
- Agencies, organizations, households, individuals may use state budget capital to plant and care for protective and special-use forests; construct technical infrastructure works serving forest protection and development (up to a maximum of 10% of total capital); manage forest protection and development projects.
- The level of investment for implementing afforestation projects for protective and special-use forests is determined according to economic and technical norms, designs, approved budgets; the central government budget will support the shortfall due to increased investment costs.
- The project owner may use up to 10% of the total central government budget for constructing technical infrastructure works serving forest protection and development. In cases where this exceeds the limit, the responsible authority approving the project shall be responsible for resolving the issue.
- Project management funds for forest protection and development are allocated for activities such as project preparation, review, approval, commendation and reward, administrative expenses, salaries of the project management board, auditing, annual settlement, final settlement of the project.
- The project investor must receive, manage, and use funds for their intended purpose, economically and effectively; implement the project according to regulations, ensuring progress, quality, and quantity of the project.
🌐 Social impact of this document
- Positive impact: Supporting forest development, enhancing environmental protection, reducing forest fire risks.
- Negative impact: Management and implementation costs of projects may impose a burden on local budgets.
❓ Frequently asked questions
Which agency is responsible for managing forest protection and development projects?
The project investor, typically the Specialized Forest Management Board, Protective Forest Management Board, Forestry Company, armed forces units, organizations assigned or leased forests and forestry land by the State.
What is the maximum level of investment for constructing technical infrastructure works?
Up to a maximum of 10% of the total central government budget investment for the project.
What activities does the project management fund for forest protection and development cover?
Covers activities such as project preparation, review, approval, commendation and reward, administrative expenses, salaries of the project management board, auditing, annual settlement, final settlement of the project.
What regulations must the project investor comply with?
Must receive, manage, and use funds for their intended purpose, economically and effectively; implement the project according to regulations, ensuring progress, quality, and quantity of the project.
When does this Circular take effect?
From March 20, 2013.
Full text
JOINT CIRCULAR
Guidelines for managing and using state budget investment capital to implement the Forest Protection and Development Plan for the period of 2011-2020 pursuant to Decision
||| 57/2012/QD-TTg dated January 9, 2012 of the Prime Minister
On the basis of Decree No. 01/2008/ND-CP dated January 28, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP;
______________________________
On the basis of Decree No. 118/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;
On the basis of Decision No. 60/2010/QD-TTg dated September 30, 2010 of the Prime Minister promulgating principles, criteria, and allocation standards for development investment capital from the state budget for the period of 2011-2015;
On the basis of Decision No. 73/2010/QD-TTg dated November 16, 2010 of the Prime Minister promulgating the management regulations for construction projects in forestry;
The Ministry of Agriculture and Rural Development and the Ministry of Planning and Investment issue guidelines for managing and using state budget investment capital to implement the Forest Protection and Development Plan for the period of 2011-2020 pursuant to Decision No. 57/2012/QD-TTg dated January 9, 2012 of the Prime Minister.
Article 1. Scope of Regulation: This Circular provides guidelines for managing and using state budget development investment capital to implement the Forest Protection and Development Plan for the period of 2011-2020 pursuant to Decision No. 57/2012/QD-TTg dated January 9, 2012 of the Prime Minister.
Article 1. Scope of Regulation and Applicability
Article 2. Applicability: agencies, organizations, households, individuals, and community groups related to the management and use of state budget investment capital to implement the Forest Protection and Development Plan for the period of 2011-2020 pursuant to Decision No. 57/2012/QD-TTg dated January 9, 2012 of the Prime Minister.
Article 3. Principles for Using State Budget Investment Capital
Clause 1. State budget investment capital for the purpose of forest protection and development must be used for the intended purposes, objects, and investment items specified in Decision No. 57/2012/QD-TTg of the Prime Minister and according to approved projects.
Clause 2. Central government budget investment and support for forest protection and development projects include:
a) Investment in planting and caring for protective forests and special-use forests; support for the construction of forestry infrastructure works serving forest protection and development; project management costs as stipulated in Decision No. 60/2010/QD-TTg dated September 30, 2010 of the Prime Minister promulgating principles, criteria, and allocation standards for development investment capital from the state budget for the period of 2011-2015;
b) Projects for constructing special-use forests as prescribed in Decision No. 24/2012/QD-TTg dated June 1, 2012 of the Prime Minister on policies for developing special-use forests for the period of 2011-2020;
c) Projects for developing production forests and scattered tree planting as prescribed in Decision No. 147/2007/QD-TTg dated September 10, 2007 and Decision No. 66/2011/QD-TTg dated December 9, 2011 of the Prime Minister amending and supplementing certain articles of Decision No. 147/2007/QD-TTg on policies for developing production forests;
d) Projects for building nurseries, seedling gardens, seedling forests, and converted seedling forests;
e) Projects for forest fire prevention and firefighting as prescribed in Decision No. 07/2012/QD-TTg dated February 8, 2012 of the Prime Minister promulgating policies to strengthen forest management and protection work;
g) Other projects as decided by the Prime Minister.
g) Other projects in accordance with the Decision of the Prime Minister.
Article 3. Investment in planting and caring for protective and special-purpose forests
1. Investment for projects to plant protective and special-purpose forests approved according to regulations on managing development investment capital from the state budget and provisions in Chapter VI of Decision No. 73/2010/QD-TTg dated November 16, 2010, issued by the Prime Minister on the management regulations for construction of forestry works.
2. The specific level of investment shall be implemented based on economic and technical norms and designs, budgets approved by competent authorities in accordance with Article 7 of this Circular. In addition to support from the central government budget, the provincial budget (or the budget of groups or corporations) will provide additional support for any shortfall due to increased investment costs.
Article 4. Investment in constructing infrastructure facilities serving forest protection and development
1. The project investor for protecting and developing forests (excluding special-purpose forest development projects; forest fire prevention and firefighting projects as stipulated in point b, d, Clause 2, Article 2 of this Circular) may use up to 10% of the total central government budget investment capital of the project for constructing infrastructure facilities serving forest protection and development. If the total investment cost for constructing infrastructure facilities exceeds 10% of the total central government budget investment capital for the project, the excess capital shall be resolved and supplemented from local budgets or other sources by the authority that approved the project.
2. Infrastructure facilities serving forest protection and development include:
a) Forest pest control and firefighting facilities: firebreak roads, forest lookout towers, irrigation channels, water storage tanks, fire prevention and firefighting reservoirs;
b) Forest protection stations: warning signs, boundary markers;
c) Other essential infrastructure facilities in forestry projects.
3. The establishment, review, approval, and implementation of infrastructure facilities serving forest protection and development shall be carried out in accordance with current regulations on basic construction investment; small-scale construction projects (under 500 million dong per project) may be implemented using standard designs, with investors able to implement them based on approved technical designs and budgets.
4. Other projects according to Prime Minister Decisions (Decisions No. 24/2012/QD-TTg, 147/2007/QD-TTg, 66/2011/QD-TTg, etc.).
Article 5. Project Management Capital for Forest Protection and Development
1. Project management capital at all levels for forest protection and development shall be implemented according to Decision No. 60/2010/QD-TTg dated September 30, 2010, issued by the Prime Minister, to fund activities of project management boards.
2. Expenditure items include: project establishment, review, approval, interim evaluation, final evaluation, commendation and reward activities, administrative expenses, office equipment for project management, salaries and allowances of project management board members, auditing, annual settlement, completion settlement, and other expenses related to project management.
Article 6. Establishment, Review, and Approval of Forest Protection and Development Projects
1. The establishment, review, and approval of forest protection and development projects shall be carried out in accordance with current state regulations on managing development investment capital and provisions in Articles 25, 26, 27, and 28 of the Regulation on Managing Investment in Construction of Forestry Works issued together with Decision No. 73/2010/QD-TTg dated November 16, 2010, issued by the Prime Minister on investment and construction of forestry works.
The review of funding sources for forest planting projects and infrastructure construction as stipulated in Directive No. 1792/CT-TTg dated October 15, 2011, issued by the Prime Minister on strengthening management of investment from the state budget and government bonds.
2. Project Investor
a) Special-purpose forest management boards, protective forest management boards, forestry companies, armed forces units, organizations entrusted or leased forests and forest land by the state, implementing forestry works are project investors.
b) For areas of forest not managed by the organizations specified in point a, Clause 2 of this Article, each district or province may establish a forest protection and development project managed by the local forest inspection agency based on actual conditions. After completing and concluding the project, the forest inspection agency as the investor shall transfer management back to specific forest owners to ensure sustainable forest development.
3. Administrative fees for establishing forest protection and development projects from the state budget investment capital according to the Forest Protection and Development Plan 2011-2020 shall be included in the total investment cost of the project.
Article 7. Preparation and Approval of Technical Designs for Forest Protection and Development Projects and Infrastructure Engineering Projects Serving Forest Protection and Development
Based on approved forest protection and development projects and annual plan indicators assigned, the project owner shall prepare technical designs and budgets for each forest protection and development project and infrastructure engineering project serving forest protection and development to be submitted to the competent state authority for approval as follows:
1. The Director of the Department of Agriculture and Rural Development shall approve for projects where the investor is an organization under local administration.
2. The General Department of Forestry shall approve for projects where the investor is a unit subordinate to the Ministry of Agriculture and Rural Development.
3. Groups and Corporations shall approve for projects where the investor is a unit under their direct management.
Article 8. Establishment of Investment Plans for Forest Protection and Development
1. Basis for Plan Establishment
a) Forest protection and development planning until 2020;
b) Forest protection and development plan pursuant to Decision No. 57/QĐ-TTg dated January 9, 2012 of the Prime Minister;
c) Approved forest protection and development projects;
d) Actual implementation situation of the project and forest protection and development plan from commencement to the current planning period.
e) Other current regulations.
2. Establishment of Investment Project Plans
a) Forest protection and development plans include: overall project plan established for the entire 2011-2020 period; medium-term three-year plan; 2016-2020 phase plan; annual plan.
b) Main plan indicators include: forest development; forest protection and forest fire prevention and control; infrastructure engineering projects serving forest protection and development; other indicators.
c) Financial Balance
Determine capital requirements for each component, aggregate them, and allocate according to sources of funding: state budget investment; credit borrowing; ODA funds and other sources of capital.
3. Establishment of Plans by Ministries, Sectors, and Provincial Levels
a) Types of plans and main indicators to be implemented as stipulated in Clause 2 of this Article.
b) Provincial People's Committees, relevant ministries, and sectors shall establish forest protection and development plans for their respective localities and sectors and submit them to the National Steering Committee for Forest Protection and Development Plan for the 2011-2020 period, the Ministry of Agriculture and Rural Development, and the Ministry of Planning and Investment for consolidation of the national forest protection and development plan.
Article 9. Reporting System
1. On the 22nd day of each month, the project owner is responsible for reporting the results and volume of work completed in the month and cumulatively since the beginning of the year; financial status and disbursement to the project supervising authority (the permanent office of the steering committee of ministries, sectors, and provincial levels).
2. The permanent office of the steering committee of ministries, sectors, and provincial levels shall compile monthly reports and submit them to the National Steering Committee Office no later than the 5th day of the following month.
3. The National Steering Committee Office shall compile monthly reports and report to the National Steering Committee Chairperson and send copies to National Steering Committee members no later than the 10th day of the following month.
4. The Ministry of Agriculture and Rural Development shall compile semi-annual and annual reports through the National Steering Committee, submit them to the Prime Minister, and send copies to the Ministry of Planning and Investment, the Ministry of Finance, and National Steering Committee members.
Article 10. Management, settlement, and final accounting of investment capital
1. Project management capital for forest protection and development shall be implemented in accordance with Decision No. 60/2010/QD-TTg dated September 30, 2010, issued by the Prime Minister on principles, criteria, and allocation quotas of development investment capital from state budget funds for the period 2011-2015.
2. Management, disbursement, settlement, and final accounting of investment capital shall be carried out in accordance with Circular No. 89/2008/TT-BTC dated October 15, 2008, issued by the Ministry of Finance guiding the management, disbursement, and settlement of state budget capital for the project to plant five million hectares of new forests; Circular No. 172/2011/TT-BTC dated December 1, 2011, issued by the Ministry of Finance stipulating the management and settlement of construction investment capital from state budget sources for forestry works; and Circular No. 19/2011/TT-BTC dated February 14, 2011, issued by the Ministry of Finance stipulating the final accounting of completed projects funded by state resources.
Article 11. Responsibilities of the Ministry of Agriculture and Rural Development in management
1. To take the lead in directing and organizing the implementation of plans; to compile and establish the annual and three-year National Forest Protection and Development Plan, report to the State Steering Committee, and send copies to the Ministry of Planning and Investment for consolidation and submission to the Prime Minister for consideration and approval; to inspect and supervise the implementation of the Plan.
2. To regularly organize mid-term reviews and comprehensive evaluations of the results of implementing the Forest Protection and Development Plan.
3. To build a national database system for managing the Forest Protection and Development Plan with information on the implementation of the national Forest Protection and Development Plan.
4. To guide technical standards, norms, procedures, regulations, and technical quotas specific to forestry.
Article 12. Responsibilities of the Ministry of Planning and Investment in management
1. To take the lead in consolidating and balancing annual and three-year investment development plans of ministries, sectors, and localities, and submit them to the competent authority for approval.
2. To coordinate with the Ministry of Agriculture and Rural Development to inspect and supervise the results of implementation.
Article 13. Responsibilities of provinces and participating ministries and sectors in management
1. To develop annual plans and three-year plans for capital needs, submit them to the Ministry of Agriculture and Rural Development and the Ministry of Planning and Investment for consolidation and submission to the Government; to cooperate with the Ministry of Agriculture and Rural Development to implement the Plan; to take the lead in implementing the plan within their own ministry, sector, and locality; to allocate plans for capital to grassroots projects.
2. To review and propose lists, construct, appraise, and approve projects; to organize the implementation and manage, evaluate, and accept the results of projects within their jurisdiction according to state regulations.
3. To be responsible for their own investment decisions. They may adjust items within grassroots projects to ensure the progress of the project, but must complete the planting targets set forth in the assigned plan.
4. To be fully responsible for the results of projects under their management. To guide, inspect, and urge investors to implement assigned plans, to receive and use capital for its intended purpose and in accordance with regulations.
5. To periodically report to the Government, relevant ministries, and sectors on the progress of implementation at the ministry, sector, and local level; to organize mid-term reviews and comprehensive evaluations of the plan according to the guidance of the Ministry of Agriculture and Rural Development.
6. To report annual capital usage settlements and project completion settlements.
Article 14. Management responsibility of the Department of Agriculture and Rural Development
1. As the standing office of the Provincial Steering Committee for forest protection and development plans, it shall be responsible for advising the People's Committee at the provincial level on directing, managing, organizing the implementation, and overseeing local grassroots forest protection and development projects.
2. To compile, report, and coordinate with the Department of Planning and Investment and the Department of Finance to direct final accounting of investment capital according to current regulations.
Article 15. Management responsibility of the Project Investor
1. Establish a Project Management Board; receive, manage, and use funds for their intended purpose, for the designated beneficiaries, economically, and effectively.
2. Implement the approved project accurately, ensuring progress, quality, and quantity of the project in accordance with current regulations; conduct timely acceptance inspections, prepare complete payment files, and request payments from contractors and workers within the prescribed deadlines.
3. Report and finalize accounting of investment capital according to current regulations.
Article 16. Implementation Provisions
1. This Circular takes effect from March 20, 2013.
2. Any legal normative documents cited for application in this Circular, when amended, supplemented, or replaced according to current State regulations, shall be implemented in accordance with those amended, supplemented, or replaced documents.
3. During the implementation of this Circular, if any difficulties arise, they should be promptly reported in writing to the Ministry of Agriculture and Rural Development and the Ministry of Planning and Investment for consideration and resolution./.
Original document (PDF)
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: