Decision No. 162/1999/QĐ-TTg On benefits for households and individuals participating in afforestation projects funded by无偿赠款的德国联邦政府资金

Pursuant to …;

Policy on benefits for households and individuals participating in

the project of planting forests with non-repayable aid funds

from the Federal Republic of Germany

___________

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Forest Protection and Development Law dated August 19, 1991;

Pursuant to Decision No. 115/TTg dated February 17, 1995, and No. 435/TTg dated June 16, 1997 of the Prime Minister approving the feasibility study for the forest plantation project funded by the Federal Republic of Germany in provinces such as Lang Son, Bac Giang, Ha Tinh, Quang Binh, Quang Tri, etc.

Considering the proposals of the Ministers of Agriculture and Rural Development, Planning and Investment, and Finance.

DECISION:

Article 1. The forests planted with non-repayable aid funds from the Government of the Federal Republic of Germany (referred to as the German project in this Decision) mentioned herein are production forests and less critical protective forests that have been transferred to households and individuals, who have invested additional capital and labor to care for and protect them according to the project's objectives.

Article 2. Principles for determining the policy on benefits for households and individuals participating in the German project for forest planting:

1. When harvesting and utilizing forests planted under the German project, households and individuals must take measures to regenerate forests in a stable and sustainable manner to enhance their protective functions and environmental protection.

2. Ensuring the right to benefit for households and individuals participating in the project in accordance with the financial agreement signed for the project.

Article 3. Benefits for households and individuals participating in the German project for forest planting:

1. For forests planted on land designated for production forests, the forest owner shall enjoy the following rights:

a) Receiving a certificate of land use rights issued by the People's Committee of the district or town for long-term, stable use in accordance with the law on land.

b) Having the right to participate in deciding the structure of tree species, forestry planting techniques, harvesting time, and harvesting methods.

c) Owning the forest they have planted themselves, having the right to transfer, inherit, mortgage, and utilize forest products according to the management regulations for production forests, suitable to the topography and soil conditions of each location.

d) Enjoying the entire forest product after fulfilling the legal obligation to pay land use tax and paying a certain amount of money to the commune budget as stipulated in Clause 4, Article 4 of this Decision.

2. For forests planted on land within areas of less critical protective forests, households and individuals participating in the project shall enjoy the rights specified in Clause 1 of this Article, but shall not be allowed to plant single-species forests or clear-cutting, and shall be exempt from land use tax.

Article 4. Obligations of households and individuals participating in the German project for forest planting:

1. Planting, caring for, protecting, and harvesting forests in accordance with the technical procedures and schedule specified in the Project.

2. When harvesting forests is necessary, households and individuals must report to the People's Committee of the commune where the forest is located to obtain a legal harvesting permit. Harvesting must be carried out according to the prescribed procedures and in compliance with the management regulations for each type of forest.

3. After harvesting, replanting the forest or implementing regeneration measures to regenerate the forest must be done. Within two years after harvesting, if the forest owner does not implement forest regeneration measures, the People's Committee of the commune will propose the People's Committee of the district to issue a decision to reclaim the land and the project support funds to allocate to another person for replanting.

4. When harvesting, households and individuals participating in the project must pay a sum of money equivalent to the value of 50 to 100 kilograms of rice per hectare if planting perennial trees harvested once, or 2 to 3 percent of the value of the harvested products annually if planting perennial trees harvested over multiple years (pine resin, turmeric, ginger, persimmon, fruits). The specific amount is determined by the People's Committee of the province. This fund can only be used for the purpose of managing, protecting, and developing forests at the commune level.

Article 5. This Decision takes effect fifteen days from the date of signing, all other provisions contrary to this Decision are abolished.

Article 6. The Ministers of Agriculture and Rural Development, Planning and Investment, Finance, relevant ministries and sectors, and the Chairmen of the People's Committees of provinces with projects for planting forests with non-repayable aid from the Federal Republic of Germany are responsible for implementing this Decision.