Circular No. 12/2023/TT-BYT amends and supplements some articles of Circular No. 10/2022/TT-BYT dated September 22, 2022, issued by the Minister of Health guiding the implementation of investment and support for developing precious medicinal herb cultivation areas under the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period of 2021-2030, Phase I: from 2021 to 2025.

CIRCULAR

Amending and supplementing some articles of Circular No. 10/2022/TT-BYT dated September 22, 2022, issued by the Minister of Health guiding the implementation of investment and support for developing precious medicinal plant cultivation areas under the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025 Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 27/2022/NĐ-CP dated April 19, 2022 of the Government stipulating management mechanisms and organization of implementation of national target programs;

Pursuant to Decree No. 28/2022/NĐ-CP dated April 26, 2022 of the Government stipulating preferential credit policies for implementing the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period from 2021 to 2030, Phase I: from 2021 to 2025;

Pursuant to Decree No. 57/2018/NĐ-CP dated April 17, 2018 of the Government on mechanisms and policies encouraging enterprises to invest in agriculture and rural areas;

Implementing Decision No. 1719/QĐ-TTg dated October 14, 2021 of the Prime Minister approving the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025;

At the proposal of the Director of the Traditional Medicine Management Department;

The Minister of Health issues this Circular amending and supplementing some articles of Circular No. 10/2022/TT-BYT dated September 22, 2022, issued by the Minister of Health guiding the implementation of investment and support for developing precious medicinal plant cultivation areas under the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025.

Article 1. Amending and supplementing some articles of Circular No. 10/2022/TT-BYT dated September 22, 2022, issued by the Minister of Health guiding the implementation of investment and support for developing precious medicinal plant cultivation areas under the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025.

1. Amending Clause 3 of Article 2 as follows:

"3. Enterprises, cooperatives, cooperative unions, and other organizations conducting business activities (hereinafter referred to as production and business establishments) implementing or participating in precious medicinal plant projects operating in particularly difficult areas in ethnic minority and mountainous regions, employing at least 50% of the total workforce as ethnic minorities in the province, prioritizing first those ethnic minorities in the project area (prioritizing projects that employ more than 50% female workers), with a commitment to support the purchase, production, and sale of medicinal plants from these projects."

2. Amending Clause 1 and Clause 3 of Article 6 as follows:

a) Amending Clause 1 of Article 6 as follows:

"1. Is a district having communes or villages that are particularly difficult areas in ethnic minority and mountainous regions according to the decision of the Prime Minister or the decision of the Minister, Chairman of the Committee for Ethnic Minorities."

b) Amending Clause 3 of Article 6 as follows:

"3. Having soil and climate conditions suitable for developing high-value medicinal plants with medical and economic benefits."

3. Amending Article 7 as follows:

"Article 7. Area for implementing precious medicinal plant projects

1. The total area of zones implementing precious medicinal plant cultivation projects must be at least 210 hectares, not necessarily contiguous, including: medicinal plant cultivation areas, processing facilities, storage facilities, infrastructure for waste treatment, transportation, electricity, and water within the scope and scale of the project. Priority will be given to supporting projects that develop precious medicinal plant cultivation areas using advanced technology.

2. The total area of zones implementing high-tech seedling centers must be at least 50 hectares, not necessarily contiguous, including: conservation and preservation areas of genetic resources, parent plants, original seeds, research and selection, testing, production of original seeds, production of commercial seeds, infrastructure, transportation, electricity, and water within the scope and scale of the project."

4. Amending Article 8 as follows:

"Article 8. Precious medicinal plant species

The selection of medicinal plant species for implementation of precious medicinal plant projects shall meet one of the following requirements:

1. Belonging to the list of 100 high-value medicinal plants with medical and economic benefits as stipulated in Decision No. 3657/QĐ-BYT dated August 20, 2019 of the Minister of Health on issuing the list of 100 medicinal plants with high medical and economic value for focused development during the period 2020-2030.

2. Local medicinal plants already cultivated commercially in the locality with high medical value and economic efficiency and included in the list of precious, rare, and endemic medicinal plants as stipulated in Circular No. 16/2022/TT-BYT dated December 30, 2022 of the Minister of Health promulgating the list of species and types of precious, rare, and endemic medicinal plants subject to control."

5. Amending Point d of Clause 3 and Clause 5 of Article 12 as follows:

a) Point d of Clause 3 of Article 12 is amended as follows:

"d) Supporting funding for the construction and improvement of medicinal plant processing facilities, building infrastructure for waste treatment, transportation, electricity, water, workshops, and purchasing equipment within the scope and scale of the project."

b) Clause 5 of Article 12 is amended as follows:

"5. The level of support for precious medicinal plant projects funded by state budget funds shall be implemented according to Articles 9, 10, and 11 of Decree No. 57/2018/NĐ-CP dated April 17, 2018 of the Government on mechanisms and policies encouraging enterprises to invest in agriculture and rural areas. The level of support using state budgetary funds for public services shall be implemented according to Article 13 of Circular No. 15/2022/TT-BTC dated March 4, 2022 of the Minister of Finance promulgating the Circular on managing and using public service funds to implement the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025."

6. Supplementing Clause 5 and Clause 6 of Article 14 as follows:

a) Supplement Clause 5 of Article 14 as follows:

"5. The unit assigned by the provincial People's Committee to be the main organizer for the content of Investment and Support for Developing Precious Medicinal Plant Cultivation Areas shall be responsible for:

a) Advising the provincial People's Committee to submit to the Provincial People's Council for approval the forms to be used in selecting projects, support contents, application forms, procedures, and processes for selecting projects, plans, production schemes, and units to place orders in implementing support activities for production development under Clause 1, Article 40 of Decree No. 27/2022/NĐ-CP dated April 19, 2022 of the Government on management mechanisms and implementation organization of national target programs.

b) Organizing the review and selection of projects according to Clause 3, Article 21 of Decree No. 27/2022/NĐ-CP dated April 19, 2022 of the Government on management mechanisms and implementation organization of national target programs.

c) Implementing reports as prescribed in Article 32 of Decree No. 27/2022/NĐ-CP dated April 19, 2022 of the Government on management mechanisms and implementation organization of national target programs.

d) Publicizing information about precious medicinal plant projects in accordance with Clause 2, Article 5 of Circular No. 10/2022/TT-BYT dated September 22, 2022 of the Minister of Health guiding the implementation of the content of Investment and Support for Developing Precious Medicinal Plant Cultivation Areas under the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025.

đ) Performing other functions and tasks assigned by the provincial People's Committee."

b) Supplement Clause 6 of Article 14 as follows:

"6. The project management agency shall be responsible for:

a) Signing contracts with the main organizing units for joint implementation of projects based on the project description approved by the competent authority according to the decision approving the project and reviewed by the project appraisal board.

b) Finalizing accounts, making payments, and disbursing state budget funds according to the progress decided by the competent authority and the contract signed with the main organizing unit for joint implementation.

c) Publicizing information about precious medicinal plant projects in accordance with Clause 2, Article 5 of Circular No. 10/2022/TT-BYT dated September 22, 2022 of the Minister of Health guiding the implementation of the content of Investment and Support for Developing Precious Medicinal Plant Cultivation Areas under the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025.

d) Inspecting and supervising the results, implementation, and execution of the project."

Article 2. Transitional Provisions and References

1. For contents and projects approved before this Circular takes effect, they shall continue to be implemented according to the provisions of Circular No. 10/2022/TT-BYT dated September 22, 2022 of the Minister of Health guiding the implementation of the content of Investment and Support for Developing Precious Medicinal Plant Cultivation Areas under the National Target Program for Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, Phase I: from 2021 to 2025, or carry out adjustment procedures according to this Circular.

Article 3. Effectiveness

1. This Circular takes effect from the date of issuance.

2. In case the referenced documents in this Circular are replaced or amended, they shall be applied according to the replaced or amended documents.