This Decree stipulates the reorganization, renovation, and development of state-owned agricultural and forestry companies. It includes the responsibilities of relevant agencies such as the Ministry of Agriculture and Rural Development, provincial People's Committees, groups, corporations, and directly affiliated agricultural and forestry companies. This Decree takes effect from February 1, 2015.
적용 범위
State-owned agricultural and forestry companies
핵심 사항
- Regulations on the reorganization and renovation of agricultural and forestry companies
- The responsibility of provincial People's Committees in directing the formulation of plans and land usage schemes for directly affiliated companies
- Effective date from February 1, 2015
- Repeals Decree No. 170/2004/ND-CP and Decree No. 200/2004/ND-CP on the reorganization, renovation, and development of state-owned agricultural farms and state-owned forestry farms.
- Groups and corporations direct their directly affiliated companies to formulate reorganization plans
🌐 이 문서의 사회적 영향
- Enhance the operational efficiency of agricultural and forestry companies
- Reduce waste in land and resource utilization
- Create conditions for investment in infrastructure development and business operations
❓ 자주 묻는 질문
Which decrees does this Decree replace?
This Decree replaces Decree No. 170/2004/ND-CP dated September 22, 2004, of the Government on the reorganization, renovation, and development of state-owned agricultural farms; and Decree No. 200/2004/ND-CP dated December 3, 2004, of the Government on the reorganization, renovation, and development of state-owned forestry farms.
Can state-owned agricultural and forestry companies that have not been converted into limited liability companies under this Decree still be subject to it?
Yes, state-owned agricultural and forestry farms that have not been converted into limited liability companies under state ownership can still undergo reorganization, renovation, and development according to the provisions of this Decree.
When does this Decree take effect?
This Decree takes effect from February 1, 2015.
전문
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 118/2014/NĐ-CP |
Hanoi, December 17, 2014 |
DECREE
On the restructuring, renewal, and development to enhance the operational efficiency
of agricultural and forestry companies
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Enterprise Law dated November 29, 2005;
The Government issues this Decree on management and development of industrial clusters.
Pursuant to the Forest Protection and Development Law on December 3, 2004;
At the request of the Minister of Agriculture and Rural Development,
The Government promulgates this Decree on the restructuring, renewal, and development to enhance the operational efficiency of agricultural and forestry companies.
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.
This Decree stipulates the restructuring, renewal of organizational structure, management mechanisms, and policies for 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.
a) Agricultural and forestry state-owned joint-stock companies with 100% state capital (hereinafter referred to as agricultural and forestry companies) that have been converted according to Decree No. 170/2004/NĐ-CP dated September 22, 2004 of the Government on the restructuring, renewal, and development of state-owned agricultural farms; Decree No. 200/2004/NĐ-CP dated December 3, 2004 of the Government on the restructuring, renewal, and development of state-owned forestry farms; Decree No. 25/2010/NĐ-CP dated March 19, 2010 of the Government on the conversion of state-owned enterprises into state-owned joint-stock companies and the organization of management of state-owned joint-stock companies;
b) Organizations and individuals related to the restructuring, renewal, and development to enhance the operational efficiency of agricultural and forestry companies;
Article 2. Interpretation of Terms
In this Decree, the following terms are understood as follows:
1. Blank lease refers to the act where agricultural and forestry companies lease land to households or individuals without investment, failing to comply with the provisions of the land lease contract as stipulated by law, while the lessee invests, organizes production, markets products, and must deliver products or payment to the company.
Article 3. Principles for the restructuring, renewal, and development to enhance the operational efficiency of agricultural and forestry companies
1. The restructuring and renewal of agricultural and forestry companies must align with the policy and direction for enhancing the operational efficiency of state-owned enterprises, linked to the restructuring of the agricultural sector and the economy, ensuring national defense and security.
2. The restructuring and renewal of agricultural and forestry companies aim to clearly define land users, forest owners, manage land use strictly, enhance land use efficiency, protect and develop forests, and forest resources.
3. Agricultural and forestry companies primarily engaged in business operations shall fully transition to market-based accounting and implement shareholding reform; those mainly engaged in public services shall operate under the State's procurement and plan assignment system.
4. Create fundamental changes in the organizational management and corporate governance methods; linking with processing industries and markets along the value chain of goods.
5. Increase job opportunities and income for local residents; ensure harmonious interests between the State, the company, and employees.
Chapter II
RESTRUCTURING AND RENEWAL OF AGRICULTURAL COMPANIES
Article 4. Maintaining, consolidating, and developing state-owned agricultural companies holding 100% of charter capital
Maintaining, consolidating, developing, and restructuring state-owned agricultural companies holding 100% of charter capital, including agricultural companies in strategic areas, border regions, remote areas, and deep regions linked to national defense and security tasks.
Article 5. Converting state-owned agricultural companies holding 100% of charter capital into joint-stock companies
2. Converting state-owned agricultural companies holding 100% of charter capital into joint-stock companies, with the State not retaining controlling shares or not holding shares at all for agricultural companies not falling under the provisions of Clause 1 of this Article.
Establishing limited liability companies with two or more members based on the restructuring and modernization of state-owned agricultural companies holding 100% of charter capital to implement the integration of raw material development regions and local residents with industrial processing and market development; aligning with local economic and social development strategies, planning, and ensuring workers' rights.
Article 7. Dissolving agricultural companies
Dissolving agricultural companies in any of the following cases:
1. Operating losses for three consecutive years due to subjective reasons of the company and cumulative losses equal to or exceed 3/4 of the state capital in the company.
2. Contracting out land but unable to manage land and products covering an area of 3/4 or more of the total land area allocated or leased to the company.
3. Area size below 500 hectares, scattered, and inefficient production and business operations. In cases where the area size is below 500 hectares, contiguous, concentrated, and efficient production and business operations need to be retained, the competent authority shall consider and submit to the competent authority for decision.
Chapter III
RESTRUCTURING AND MODERNIZING FORESTRY COMPANIES
Article 8. Maintaining, consolidating, and developing state-owned forestry companies holding 100% of charter capital
1. Maintaining, consolidating, developing, and restructuring forestry companies with production forest areas consisting of natural forests rich and medium quality accounting for 70% or more of the allocated or leased land area, which have been approved by competent state authorities for sustainable forest management plans and have received international certification for sustainable forest management, to fulfill production and business tasks after approval by the Prime Minister.
2. Maintaining, consolidating, developing, and restructuring forestry companies with production forest areas consisting of natural forests not yet approved by competent state authorities for sustainable forest management plans and not yet certified internationally for sustainable forest management, protective forests, and special-use forests accounting for 70% or more of the allocated or leased land area, to fulfill production and supply of public goods and services.
3. Converting state-owned forestry companies holding 100% of charter capital with concentrated protective forest areas accounting for 70% or more of the allocated or leased land area into management boards for protective forests operating under the mechanism of public service units with revenue. Management, protection, and development of protective forests shall be carried out in accordance with the Protective Forest Management Regulation.
Article 9. Conversion of state-owned forestry companies holding 100% of charter capital into joint-stock companies
2. Convert state-owned forestry companies holding 100% of charter capital into joint-stock companies, where the State does not retain controlling shares or does not hold shares for forestry companies not falling under the provisions of Clause 1 of this Article.
Establish limited liability companies with two or more members based on the reorganization and modernization of state-owned forestry companies holding 100% of charter capital to implement the integration of raw material development and people in the region with industrial processing and market development; aligning with the strategy, planning, and economic and social development plans of the locality, land use planning, and ensuring the rights of workers.
Article 11. Dissolution of Forestry Companies
Forestry companies may be dissolved in any of the following cases:
1. Operating losses for three consecutive years due to subjective reasons of the company and cumulative losses equal to or exceed 3/4 of the state capital in the company.
2. Contracting out land but unable to manage land and products covering an area of 3/4 or more of the total land area allocated or leased to the company.
3. Area scale below 1,000 hectares, scattered, and inefficient business operations. In cases where the area scale is below 1,000 hectares, contiguous, concentrated, and efficient operations should be retained, the ownership agency shall consider and submit to the competent authority for decision.
Chapter IV
MECHANISMS AND POLICIES FOR RESTRUCTURING AND MODERNIZATION AND RURAL DEVELOPMENT
OF AGRICULTURAL AND FORESTRY COMPANIES
Article 12. Review of Functions and Tasks of Agricultural and Forestry Companies
1. Continue reviewing and supplementing the functions and tasks of agricultural and forestry companies, clearly defining the main production and business activities, supplementary production and business activities, and service activities supporting main production and business activities. Develop restructuring plans for companies focusing on main production and business activities, integrating raw material development with production, processing, and market consumption, forming an integrated agricultural, forestry, and industrial production and business model, increasing product value per unit area of production, and improving the living standards of the people.
2. For forestry companies that have both natural production forests, planted production forests, protective forests, and special-use forests, each type accounting for less than 70% of the allocated land area, the determination of main production and business activities or production and supply of public goods and services shall be considered and selected by the ownership agency and submitted to the competent authority for decision.
Article 13. Review, Survey, and Mapping; Establishment, Adjustment, and Approval of Land Use Plans
1. Agricultural and forestry companies shall conduct reviews of current land use status regarding location, management and usage boundaries, land area currently used for intended purposes, land area used for unintended purposes, unused land area, land area under lease, rental, loan, encroachment, occupation, joint ventures, cooperation, investment, and disputes.
2. Based on the approved restructuring, modernization, and development plans for agricultural and forestry companies by the competent authority; local land use planning, and current land use status, the company proposes a land use plan. The content of the land use plan must reflect the location and usage boundaries of the land; the area of land proposed to be retained for use according to each type of land, form of land use, duration of land use, and area of land handed over to the locality.
For short-term crop cultivation companies, annual crop cultivation companies, livestock breeding companies, poultry breeding companies, aquaculture companies, agricultural seed companies, livestock seed companies, and aquatic seed companies, retain a reasonable portion of land for seed production, demonstration model construction, technology transfer, and establishment of processing facilities.
For agricultural and forestry companies that have already conducted reviews, surveys, and land leasing, continue to review and adjust the land use plan in accordance with local land use planning and plans.
3. Agricultural and forestry companies report to the Natural Resources and Environment Agency for the appraisal of the land use plan before submitting it to the Provincial People's Committee for approval.
4. The Provincial People's Committee considers and approves the land use plan of agricultural and forestry companies in the locality; directs the implementation of specific boundary demarcation and boundary marker installation according to the approved plan.
Article 14. Allocation and Leasing of Land
1. The State allocates land without collecting land use fees to agricultural and forestry companies for protective forest land, special-use forest land, and natural production forest land.
2. The State leases land to agricultural and forestry companies for agricultural and forestry production land not covered by the provisions of Clause 1 of this Article.
3. Implement exemptions and reductions in land lease fees in accordance with laws on land and investment.
Article 15. Recovery and Transfer of Land to Localities
1. Land to be recovered from agricultural and forestry companies and transferred back to localities includes: land of dissolved companies; land due to reduced tasks no longer needed; unused land, land leased out but not used properly; land sold or transferred; infrastructure land not serving production; residential land according to approved local planning; and other types of land required to be recovered under land laws. Agricultural and forestry companies with land to be recovered must hand over all relevant files on the recovered land to the provincial People's Committee where the land is located.
2. Land recovery specified in Clause 1 of this Article shall be prioritized and handled as follows:
a) Ethnic minority groups in localities without or lacking production land, and individuals directly leasing land for production purposes, shall be allocated land or allowed to lease land.
b) Households and individuals currently using land may continue to use it through land allocation without land use fees or through leasing.
c) The area of land allocated without land use fees to households and individuals as stipulated in Points a and b of Clause 2 of this Article shall not exceed the average level of land use by households in the locality. Any excess above the average must be converted to leasing.
d) Assets on the land shall be assessed at market value and in accordance with legal regulations on asset valuation at the time of transfer or lease to recover the state capital or remaining capital of investors. The transferee (organization, household, individual) must pay within one year from the date of transfer. For poor households as defined by law, exemptions and reductions will be considered based on the remaining state capital.
Article 16. Land Currently Leased or Borrowed; Land Subject to Encroachment, Dispute; Joint Venture, Cooperative Investment Land
1. For land currently leased or borrowed by organizations or individuals, the leasing or borrowing must be terminated and handled as follows:
a) For land leased or borrowed by organizations included in the company’s land use plan, the land will be recovered, and the company will compensate the organization for the value of planted trees, forests, and assets on the land (if any).
b) For land leased or borrowed by households or individuals used properly and in accordance with the company’s land use plan, it will be converted to land lease contracts with the company. If conversion is not possible, the land will be recovered and compensation paid to the households or individuals.
c) For land leased or borrowed by organizations or individuals that do not comply with the company’s land use plan, it will be transferred to the locality for consideration and resolution in accordance with Clause 2 of Article 15 of this Decree.
2. For land currently encroached upon by households or individuals:
a) Areas of land cultivated by households or individuals and included in the company’s land use plan will be considered and handed over for lease contracts. If not accepted, the land will be recovered according to land laws.
b) Areas of land cultivated by households or individuals, if the company no longer needs them and they do not affect the company’s land use plan, will be transferred to the locality for consideration and resolution in accordance with Clause 2 of Article 15 of this Decree.
c) Areas of illegally transferred encroached land will be recovered and transferred to the locality for consideration and resolution in accordance with Clause 2 of Article 15 of this Decree.
3. For land currently in dispute:
a) Areas of disputed land between the company and stable agricultural households not affecting the company’s land use plan will be transferred to the locality for consideration and resolution in accordance with Clause 2 of Article 15 of this Decree.
b) Areas of disputed land between the company and stable agricultural households included in the company’s land use plan, the company will consider signing lease contracts with these households. If not implemented, the land will be recovered according to land laws.
c) Areas of disputed land between the company and other organizations, the provincial People's Committee will resolve disputes based on the company’s land use plan and the functions and tasks of the organizations involved, recovering the land for production and business or transferring it to the locality for resolution, allowing the organization to lease or allocate land according to land laws.
4. In cases where the company has contributed land value to form a new enterprise for effective and purposeful use, the contributed land area will be separated from the company’s land and converted to leasing. If used improperly, the land will be recovered and transferred to the locality for management and use according to land laws.
Article 17. Residential land and household economic land
1. In cases where the area of land allocated by agricultural and forestry companies to households and individuals who are current employees, retirees, or those who have left their jobs according to regulations before July 1, 2004 for residential purposes, gardens, and ponds attached to residences within residential areas has been confirmed by the People's Committee of the commune, ward, or town where the land is located as being stably used without disputes over land rights and in accordance with local land use planning, such land shall be granted certificates of land use rights, ownership of houses, and other assets attached to the land in accordance with Clause 5 and Clause 6 of Article 103 of the Land Law.
2. In cases where agricultural and forestry companies are dissolved, the People's Committee of the district, town, city under province shall develop plans to reassign residential land areas into residential zones to be submitted for approval by the provincial People's Committee.
Article 18. Management and utilization mechanisms for forests
1. For production forests that are natural forests with high and medium reserves: Implement management and business operations according to sustainable forest management plans that have been certified by international forest management sustainability certification after being approved by the Prime Minister.
2. For production forests that are natural but have not yet been approved for sustainable forest management plans and have not received international forest management sustainability certification, or natural forests with low reserves that can recover during the period they are not harvested: Carry out public service tasks through orders, annual plans, or include them in the company’s production and business costs.
3. For production forests that are severely depleted natural forests with no recovery potential: Develop projects to replant forests or plant more efficient industrial trees. Forest improvement projects must be approved by competent authorities based on criteria for classifying severely depleted natural forests that are converted in line with reality.
4. For protective and special-use forests within the boundaries of the company: The State guarantees funding to protect and develop forests through orders, annual plans, or include them in the company’s production and business costs.
5. For production forests that are planted within the boundaries of the company: Implement protection and development of forests according to the management regulations for production forests, and production and business activities shall be carried out according to market mechanisms.
6. The State invests in developing planted forests on areas designated as protective and special-use forests. Establish valuation of production forests that are planted as a basis for capital allocation, implementing shareholding, joint ventures, partnerships, and collateral loans.
1. The State ensures sufficient charter capital for agricultural and forestry companies that continue to be maintained, consolidated, and developed with the State holding 100% of the charter capital. The adjusted level of charter capital is determined by adding the approved charter capital to a maximum of 50% of the total investment and circulating capital needs for production and business activities according to the five-year investment and development plan or industry development plan approved by competent authorities and guaranteed for at least three years from the year the charter capital adjustment decision was made.
Supplementing the remaining portion of the charter capital after the approval of the charter capital level by competent authorities shall be implemented in accordance with the Government's regulations on state investment in enterprises and financial management for enterprises wholly owned by the State.
2. The State ensures sufficient capital contributions in joint-stock companies where the State holds controlling shares according to approved plans by authorized agencies. Investment increases in state capital shall be carried out in accordance with the Government's regulations on state investment in enterprises and financial management for enterprises wholly owned by the State.
The conversion of agricultural and forestry companies from limited liability companies with one member to limited liability companies with two or more members shall be carried out in accordance with the Government's regulations on the transfer of state capital.
3. Costs for surveying, measuring, marking boundaries, creating cadastral maps, and issuing land use right certificates for agricultural and forestry companies shall be covered by local budgets; the central budget will provide support to localities facing budget difficulties.
In cases where agricultural and forestry companies advance funds to carry out surveys, measurements, and issue land use right certificates, and such advances are approved by competent authorities, the state budget will reimburse these funds; if agricultural and forestry companies convert to joint-stock companies, the advances will be deducted from proceeds from privatization.
Continue transferring infrastructure (roads, power systems, irrigation works, and other welfare facilities) of agricultural and forestry companies to local management. In special cases (kindergartens, health centers) that need to be retained to serve the company's production and business activities, the difference between the income generated by these facilities and the expenses for their operation (including depreciation of fixed assets) shall be included in the company's production and business costs and deducted when determining taxable income.
Conduct reviews and statistics of capital and assets, outstanding debts of each unit; settle all outstanding receivables, difficult-to-collect debts, and liabilities due to objective reasons, including debts that cannot be paid when government programs and projects implemented through former agricultural and forestry farms were not effective, but are now inherited by current agricultural and forestry companies; state-owned assets on transferred land. For missing assets and difficult-to-collect debts due to objective reasons after compensation from insurance (if any) and reserve funds of the company have been applied, the shortfall shall reduce state capital.
Revenue from selling timber harvested from natural and planted forests, payments for forest environmental services, and other production and business revenues shall be used to pay reasonable expenses, invest in forest development, fulfill financial obligations to the State, and establish company funds as prescribed by law.
7. A provision for risk related to production forests that are planted shall be established in cases of damage caused by natural disasters, fires, or epidemics. This risk provision shall be recorded as operating expenses in the annual report at the time of preparing the financial statements of agricultural and forestry companies, ensuring that the company has financial resources to offset potential losses.
Article 20. Investment
1. The state budget invests in management, protection, and enclosure for the promotion of regeneration of special-purpose forests, protective forests; production forests that are natural forests without approved sustainable forest management plans and international forest certification according to the ordering method and assigned plan.
2. The state budget invests in planting special-purpose forests and protective forests based on the principle of accurately calculating costs according to economic and technical indicators approved by competent authorities.
3. The state budget supports investment in purchasing specialized equipment for forest fire prevention and firefighting services; constructing forestry road systems in concentrated raw material areas according to projects approved by competent authorities.
Article 21. Labor
1. Agricultural and forestry companies shall develop labor utilization plans consistent with their post-reorganization and transformation business production and operation plans.
2. Resolution of surplus labor issues
a) For employees of agricultural and forestry companies who cannot be reassigned work and lack conditions for retraining to change professions during the process of reorganization and transformation under this Decree, they shall continue to be resolved according to the surplus labor policy;
For agricultural and forestry companies undergoing shareholding reform, the source of funds comes from the proceeds of the initial public offering of shares, and if insufficient, it will be supplemented from the Enterprise Restructuring and Development Support Fund.
For agricultural and forestry companies required to dissolve, the source of funds comes from the proceeds of selling assets of the dissolved company, and if insufficient, it will be supplemented from the Enterprise Restructuring and Development Support Fund.
For other types of agricultural and forestry companies, the source of funds comes from the Enterprise Restructuring and Development Support Fund.
3. Agricultural and forestry companies have the responsibility to fully implement labor policies, social insurance, and unemployment insurance for cadres, workers, and employees.
4. The state budget provides one-time funding for vocational training for employees working in agricultural and forestry companies located in particularly difficult socio-economic regions, border areas, remote areas, mountainous areas, and ethnic minority areas with few people, who commit to continuing long-term employment with the company after reorganization and modernization and need to change professions.
5. Employees with long-term contractual agreements with the company who transfer to a joint-stock company shall be entitled to preferential share purchases like regular employees within the company.
Article 22. Science and Technology
1. The State supports 30% of the total new investment funds to implement experimental production projects; supports 30% of investments for projects of agricultural and forestry companies applying new technologies in crop cultivation, animal husbandry, industrial wood raw material plantations, large timber plantations, processing of agricultural and forestry products; building seedling gardens, seedling forests, transferring high-yield and quality crop varieties for production and business. The source of support funds comes from the Science and Technology Development Fund of ministries, provinces, and centrally-administered cities, and from the state budget support fund.
2. Participate in programs to replace crop and livestock varieties; transfer technology in mountainous regions; national agricultural and forestry extension programs. Play a core role in forming and implementing production linkage models between farmer households, cooperative groups, cooperatives, enterprises, industry associations, and scientific and technological institutions.
3. Agricultural and forestry companies applying high-tech in agriculture, forestry production, processing of agricultural, forestry, and aquatic products, and seed production shall enjoy incentives as stipulated in the High-Tech Law of 2008.
Chapter V
IMPLEMENTATION
To take the lead and coordinate with the Ministry of Finance and relevant ministries and sectors to urge, inspect, supervise, and resolve issues arising during the implementation of this Decree.
a) Take the lead and coordinate with the Ministry of Natural Resources and Environment and relevant ministries and sectors to assist the Government in inspecting, urging, and supervising the implementation of this Decree; compile and report annually to the Government on the results of implementation.
b) Guide agricultural and forestry companies in developing restructuring and reform plans; guide localities, ministries, and sectors in formulating comprehensive plans for restructuring and reforming agricultural and forestry companies. Lead the review of comprehensive plans of ministries, sectors, and localities.
c) Develop and submit to competent authorities for issuance, or issue within their authority, regulations and guidelines for implementing sustainable forest management standards and forest certification; criteria for rehabilitating depleted forests; amendments and supplements to policies on forest land lease contracts and benefits from forests.
d) Take the lead and coordinate with the Ministry of Finance to guide methods for determining the value of orchards, planted forests, livestock herds of agricultural and forestry companies; unit prices for production and supply of public goods products and services as the basis for placing orders and assigning plans.
e) Organize training courses to enhance organizational production skills, scientific and technical knowledge, business management, and market access for employees of agricultural and forestry companies.
2. The Ministry of Natural Resources and Environment
Take the lead in guiding the management and use of land during restructuring, reform, and development to improve the operational efficiency of agricultural and forestry companies:
a) Guide the surveying, mapping of cadastral maps, allocation, leasing, and issuing certificates of land use rights for agricultural and forestry companies according to laws on land.
b) Guide the handling of cases violating laws on land management and use.
c) Adjust and supplement methods for determining land rental fees for agricultural and forestry production lands.
3. Ministry of Finance
Develop and issue, or submit to competent authorities for issuance:
a) Special financial mechanisms and policies on restructuring, reform, and development to improve the operational efficiency of agricultural and forestry companies as stipulated in Article 19 of this Decree.
b) Allocate central budget funds to implement the protection and development of protective and special-purpose forests assigned by the State to companies for management, natural forests without sustainable forest management plans and international forest management certification; funds to support the review, surveying, mapping of cadastral maps, and issuance of land use right certificates for agricultural and forestry companies.
c) Coordinate with the State Bank of Vietnam to handle old loans of agricultural and forestry companies; propose supplements and amendments to mechanisms for handling old debts including principal and interest for agricultural and forestry companies when restructuring.
4. The Ministry of Planning and Investment
a) Guide investment policies, investment support for infrastructure; attract and encourage investment; place orders and assign public service tasks for agricultural and forestry companies.
b) Coordinate with the Ministry of Finance to allocate budgets to implement the protection and development of protective and special-purpose forests assigned by the State to companies for management, natural production forests without sustainable forest management plans and international forest management certification; budgets to support the review, surveying, marking boundaries, mapping of cadastral maps, and issuance of land use right certificates for agricultural and forestry companies.
5. Ministry of Labor, Invalids, and Social Affairs
Guide the implementation of labor surplus regimes during the restructuring and conversion of agricultural and forestry companies; labor policies, labor systems, social insurance, unemployment insurance for workers not receiving salaries from companies under contractual lease arrangements.
6. State Bank of Vietnam: Take the lead and coordinate with the Ministry of Finance to guide the handling of old loans of agricultural and forestry companies; propose supplements and amendments to mechanisms for handling old debts including principal and interest for agricultural and forestry companies when restructuring.
Article 24. Responsibilities of the People's Committee at the provincial level
1. Direct subordinate agricultural and forestry companies to develop restructuring and reform plans and comprehensive plans for restructuring and reforming subordinate agricultural and forestry companies, submit them to the Ministry of Agriculture and Rural Development for review, submit to the Prime Minister for approval, and organize and direct implementation.
2. Direct the handling of leased and borrowed land areas; encroached, occupied, disputed, illegally transferred land; decide on land allocation, leasing, recovery, and issuance of land use right certificates for agricultural and forestry companies in the area according to approved land use plans.
3. Guide and inspect the development and approval within their authority of land use plans for agricultural and forestry companies; direct, inspect, and supervise implementation.
Article 25. Responsibilities of Groups, Corporations, Agricultural and Forestry Companies
1. Groups, Corporations
a) Direct agricultural and forestry companies under their management to develop plans for restructuring, reforming, and form overall plans for restructuring and reforming agricultural and forestry companies under their management to submit to the competent ministry and the Ministry of Agriculture and Rural Development for review, submit to the Prime Minister for approval, and organize implementation;
b) Take the lead and coordinate with competent authorities at the local level to direct agricultural and forestry companies under their management to review land and complete procedures to submit to the provincial People's Committee for allocation, leasing, and issuing land use right certificates to subordinate units;
c) Take the lead and coordinate with competent authorities at the local level where there are agricultural and forestry companies to guide companies in developing land use plans to submit to the provincial People's Committee for approval.
2. Agricultural and Forestry Companies
a) Develop restructuring and reform plans for their company to submit to the provincial People's Committee (for companies under provincial jurisdiction); groups, corporations (for companies under group or corporation jurisdiction) for approval.
b) Coordinate with competent authorities at the local level to review land and submit to the provincial People's Committee for allocation, leasing, and issuing land use right certificates.
c) Coordinate with competent authorities at the local level to develop land use plans to submit to the provincial People's Committee for approval.
1. State-owned agricultural and forestry farms that have not yet been converted into state-owned limited liability agricultural and forestry companies shall be restructured, reformed, and developed to improve operational efficiency in accordance with this Decree.
2. Agricultural and forestry companies that have been approved by the Prime Minister for restructuring plans and conversion into business forms consistent with one of the restructuring methods stipulated in this Decree shall continue to implement according to the approved plan.
Chapter VI
IMPLEMENTING PROVISIONS
Article 27. Effective Date
1. This Decree takes effect from February 1, 2015.
2. This Decree replaces Government Decree No. 170/2004/NĐ-CP dated September 22, 2004 on Restructuring, Reforming, and Developing State-Owned Agricultural Farms; Government Decree No. 200/2004/NĐ-CP dated December 3, 2004 on Restructuring, Reforming, and Developing State-Owned Forestry Farms.
Article 28. Responsibility for Implementation
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.
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