Circular No. 14/2017/TT-BNNPTNT guides the implementation of certain provisions of the Government's Decree No. 15/2015/NĐ-CP dated February 14, 2015 on investment under the public-private partnership model in agriculture and rural areas.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 15/2015/NĐ-CP dated February 14, 2015 of the Government on Investment under Public-Private Partnership Form in Agriculture and Rural Areas

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

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to Decree No. 15/2015/NĐ-CP dated February 14, 2015 of the Government on investment under public-private partnership form;

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

To implement Circular No. 10126/VPCP-KTN dated November 24, 2016 of the Government Office regarding the supplementation of similar PPP contracts according to the provisions of Decree No. 15/2015/NĐ-CP in the agricultural sector;

At the proposal of the Director of the Planning Department,

The Minister of Agriculture and Rural Development issues this Circular guiding the implementation of certain contents on investment under public-private partnership form in the agricultural and rural sectors.

Article 1. Scope of Regulation

This Circular provides detailed guidance on the field of investment; project proposal content, feasibility study report, and project investment contract under public-private partnership form in the agricultural and rural sectors.

Article 2. Applicability

This Circular applies to competent state agencies, investors, project enterprises, and organizations and individuals related to the implementation of projects under public-private partnership form in the agricultural and rural sectors.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Agriculture includes: Crop farming, animal husbandry, forestry, salt production, aquaculture, and irrigation.

2. Agricultural products include: Crop products, livestock products; forest products; aquatic products and salt.

3. Farmers include: People engaged in crop farming, animal husbandry, forestry work, aquaculture, and salt production.

4. A Service Development Linkage Project for Production Linked with Processing and Marketing of Agricultural Products (referred to as the SVP Project) is a project providing services to establish linkages between farmers, agricultural cooperatives, and investors, project enterprises to organize production linked with processing and marketing of agricultural products to increase their value.

5. Services to establish linkages between farmers, agricultural cooperatives, and investors, project enterprises consist of three groups:

a) Group of services supporting agricultural production including services: Supply of input materials, finance, credit, training and provision of human resources, technical infrastructure, scientific and technological advice and policy, extension services, technology transfer, mechanization, veterinary services, plant protection;

b) Group of services for preservation and processing of agricultural products including services: Preservation (storage, refrigeration, drying, fumigation, sterilization, irradiation), preliminary processing, processing of agricultural products;

c) Group of services for marketing of agricultural products including services: Product marketing, testing, inspection, certification, quality assessment, building agricultural product brands, and logistics services.

6. A Service Development Linkage Contract for Production Linked with Processing and Marketing of Agricultural Products (referred to as the SVP Contract) is a contract signed between a competent state agency and an investor to implement the SVP Project; the investor and project enterprise are responsible for organizing service provision, establishing linkages with farmers and agricultural cooperatives, and have the right to manage and operate the project, charge service fees from service users (if applicable), but must ensure the marketing of agricultural products according to agreement; the competent state agency participates in the project through funding or other forms in accordance with the law; upon completion of the project contract, the investor transfers assets and works of the project (if any) back to the competent state agency according to agreement.

7. A project investment contract under public-private partnership form in the agricultural and rural sectors (referred to as the project contract) includes the types of contracts stipulated in Clause 3, 4, 5, 6, 7, 8, 9 Article 3 of Decree No. 15/2015/NĐ-CP and the contract stipulated in Clause 6 of this Article.

Article 4. Fields of investment under public-private partnership in agriculture and rural areas

1. Projects for construction, renovation, operation, business, and management of agricultural and rural infrastructure works include:

a) Works or parts of works belonging to the irrigation system serving agricultural production or combined with industrial, service, and civilian life activities;

b) Works or parts of works providing water supply for rural residents;

c) Works or parts of works serving aquaculture, fishing, and other fishery infrastructure;

d) Works or parts of works serving crop production and animal husbandry;

đ) Works or parts of works serving forest protection and development;

e) Works or parts of works serving salt production and processing;

g) Warehouses for storing and preserving agricultural products;

h) Works or parts of works serving high-tech agricultural zones and regions;

i) Works or parts of works belonging to quarantine, testing, inspection, certification, and quality control facilities for forestry, livestock, and fisheries products;

k) Drainage works, collection, and treatment of rural wastewater, waste, and environmental pollution.

2. Projects including at least two services from the groups of services specified in Clause 5, Article 3 of this Circular, among which there must be a service for product marketing in agriculture.

Article 5. Guidelines for project proposal content

1. The content of project proposals for construction, renovation, operation, business, and management of agricultural and rural infrastructure works shall be prepared according to the guidelines set out in Appendix I of Circular No. 02/2016/TT-BKHĐT dated March 1, 2016, issued by the Minister of Planning and Investment.

2. The content of project proposals for DVC projects shall be prepared according to the guidelines set out in Appendix I of this Circular.

Article 6. Guidelines for feasibility study report content

1. The content of feasibility study reports for projects for construction, renovation, operation, business, and management of agricultural and rural infrastructure works shall be prepared according to the guidelines set out in Appendix III of Circular No. 02/2016/TT-BKHĐT dated March 1, 2016, issued by the Minister of Planning and Investment.

2. The content of feasibility study reports for DVC projects shall be prepared according to the guidelines set out in Appendix II of this Circular.

Article 7. Guidelines for contract content

1. The content of contracts for projects for construction, renovation, operation, business, and management of agricultural and rural infrastructure works shall be prepared according to the guidelines set out in Article 10, Chapter III and Appendix I of Circular No. 06/2016/TT-BKHĐT dated June 28, 2016, issued by the Minister of Planning and Investment.

2. The content of contracts for DVC projects shall be prepared according to the detailed guidelines set out in Appendix III of this Circular.

Article 8. Responsibilities for state management of investment under public-private partnership in the field of agriculture and rural areas

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) Implement state management of investment under public-private partnership in sectors within the scope of the Ministry's management of agriculture and rural development according to the provisions of Article 69 of Decree No. 15/2015/NĐ-CP and the provisions of this Circular.

b) Assign specific tasks to subordinate units managing public-private partnership (PPP) projects funded by state budget funds managed by the Ministry as follows:

- Department of Planning

Take the lead in advising and submitting to the Minister plans for public investment in PPP projects.

Take the lead in compiling, reviewing, and submitting to the Minister for approval project proposals for PPP projects; announce the list of projects after the project proposals have been approved.

Take the lead in advising and submitting to the Minister decisions on initiating feasibility studies for PPP projects.

Take the lead in compiling, reviewing, and submitting to the Minister for approval feasibility reports for DVC projects (excluding DVC projects with construction components) after obtaining the review opinions of relevant agencies.

Take the lead in organizing negotiations for project contracts; advise and submit to the Minister the signing of investment agreements, signing and authorizing implementation of project contracts with domestic investors and project enterprises as partners.

Supervise compliance with obligations of domestic investors and project enterprises as partners according to the law.

- Department of International Cooperation

Take the lead in organizing negotiations for project contracts; advise and submit to the Minister the signing of investment agreements, signing and authorizing implementation of project contracts with foreign investors and project enterprises as foreign partners.

Supervise compliance with obligations of foreign investors and project enterprises as foreign partners according to the law.

- Department of Finance

Take the lead in reviewing and submitting to the Minister for determination of the value of state investment capital participating in projects (including land) according to regulations.

Guide and inspect the settlement of state investment capital participating in projects according to the law.

- Construction Management Agency

Take the lead in reviewing and submitting to the Minister for approval and approval of amendments and supplements to feasibility reports for PPP construction projects and DVC projects with construction components managed by the Ministry.

Take the lead and coordinate with relevant agencies and units to implement state management over construction quality; supervise construction quality and the implementation of regulations in basic construction investment.

- General Departments, Sectoral Management Agencies

Organize the preparation of project proposals and feasibility study reports for PPP projects in their assigned sector according to regulations.

Participate in reviews of project proposals and feasibility study reports for PPP projects prepared by other units in their assigned sector according to regulations.

Take the lead in negotiating contract contents for projects in their assigned sector according to regulations.

Sign and implement group B and C project contracts according to regulations when authorized by the Minister.

Carry out the right to take over project assets (if any) after the completion of the project.

2. The People's Committee of the province shall implement state management over public-private partnership investment projects in the agriculture and rural areas sector in accordance with the provisions of Article 70 of Decree No. 15/2015/NĐ-CP and the provisions of this Circular.

Article 9. Effective Date

1. This Circular takes effect from August 22, 2017.

2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the new provisions of the legal normative documents that have been amended, supplemented, or replaced.

3. During implementation, if there are any difficulties, organizations and individuals should report in writing to the Ministry of Agriculture and Rural Development for timely consideration and resolution./.