JOINT CIRCULAR No. 52/2008/TTLT-BNN-BTC GUIDING RICE SUBSIDY FOR ETHNIC MINORITY BROTHERHOODS IN MOUNTAINOUS AREAS PLANTING FORESTS TO REPLACE SWIDDENS

JOINT CIRCULAR

Guidelines for Rice Subsidies for Ethnic Minorities Living in Mountainous Areas Who Plant Forests Instead of Shifting Cultivation

mountainous regions planting forests to replace swiddens

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Pursuant to Decision 100/2007/QĐ-TTg dated July 6, 2007 of the Prime Minister amending and supplementing certain provisions of Decision 661/QĐ-TTg dated July 29, 1998 on the objectives, tasks, policies, and implementation organization of the Project to plant five million hectares of new forests;

The Ministry of Agriculture and Rural Development and the Ministry of Finance provide guidelines for rice subsidies for ethnic minorities living in mountainous areas who plant forests instead of shifting cultivation as follows:

I. SCOPE AND APPLICABLE SUBJECTS

1. Scope of application: This Circular guides the provision of rice subsidies for the planting of protective forests and production forests replacing shifting cultivation that have not been converted into terraced fields within the planned area for forestry development (hereinafter referred to as planting protective forests and production forests replacing shifting cultivation).

2. Applicable subjects: This Circular applies to ethnic minorities residing legally in mountainous areas and related organizations and individuals.

II. PRINCIPLES OF RICE SUBSIDIES

1. Rice subsidies shall only be applied to households voluntarily planting protective forests and production forests replacing shifting cultivation.

2. The amount of rice subsidy must ensure sufficient food for households during the period of transitioning from shifting cultivation to forest planting and before they have alternative income or have alternative income but it is not equivalent to the income from shifting cultivation on that area.

3. Based on the actual situation of the locality, the Chairman of the People's Committee of the province or centrally governed city shall specify in detail the level of rice subsidy for each type of subject, time frame, and form of subsidy suitable for the locality.

III. TIME LIMIT, LEVEL OF RICE SUBSIDY, AND FORM OF RICE SUBSIDY

1. Time limit for subsidy:

Starting from when shifting cultivation ceases and transitions to forest planting until there is alternative income, but not exceeding seven years at most.

2. Level of subsidy

The level of rice subsidy for each household is determined based on the actual area of shifting cultivation converted to forest planting, with a maximum of 700 kg per hectare per year and each member receiving an average of 10 kg per month. Specific levels in each locality are decided by the Chairman of the People's Committee of the province or centrally governed city.

For households with many members but participating in conversion with a small area of shifting cultivation, the subsidy level is determined based on the actual area of shifting cultivation converted, with a maximum of 700 kg per hectare per year.

For households with few members but participating in conversion with a large area of shifting cultivation, the rice subsidy is calculated based on the number of members at 10 kg per month.

Calculation method is as follows:

Example 1Household A has 05 members converting 02 hectares of shifting cultivation to forest planting. The Chairman of the People's Committee of the province or centrally governed city has decided the rice subsidy level at 10 kg per member per month. The total rice subsidy for this household is calculated as follows:

Calculated based on the actual area of shifting cultivation converted: 700 kg x 02 hectares = 1,400 kg per year.

Calculated based on the number of members: 10 kg x 12 months x 05 members = 600 kg per year.

The total rice subsidy for Household A in a year is 600 kg per year.

Example 2Household B has 7 members converting 0.3 hectares of shifting cultivation to forest planting. The Chairman of the People's Committee of the province or centrally governed city has decided the rice subsidy level at 10 kg per member per month. The total rice subsidy for this household is calculated as follows:

Calculated based on the actual area of shifting cultivation converted: 700 kg x 0.3 hectares = 210 kg per year.

Calculated based on the number of members: 10 kg x 12 months x 7 members = 840 kg per year.

The total rice subsidy for Household B in a year is 210 kg per year.

Example 3Household C has 6 members converting 0.5 hectares of shifting cultivation to forest planting in 2008. The Chairman of the People's Committee of the province or centrally governed city has decided the rice subsidy level at 10 kg per member per month. The total rice subsidy for this household in 2008 is calculated as follows:

Calculated based on the actual area of shifting cultivation converted: 700 kg x 0.5 hectares = 350 kg per year.

Calculated based on the number of members: 10 kg x 12 months x 6 members = 720 kg per year.

The total rice subsidy for Household C in 2008 is 350 kg per year.

In 2009, this household continues to convert 1 hectare of shifting cultivation to forest planting and the number of members does not change. The total rice subsidy for this household in 2009 is calculated as follows:

Calculated based on the actual area of shifting cultivation converted: 700 kg x 1.5 hectares = 1,050 kg per year.

Calculated based on the number of members: 10 kg x 12 months x 6 members = 720 kg per year.

The total rice subsidy for Household C in 2009 is 720 kg per year.

In 2010, this household continues to convert an additional 0.4 hectares of shifting cultivation to forest planting and the number of members increases by 1. The total rice subsidy for this household in 2010 is calculated as follows:

Calculated based on the actual area of shifting cultivation converted: 700 kg x 1.9 hectares = 1,330 kg per year.

Calculated based on the number of members: 10 kg x 12 months x 7 members = 840 kg per year.

The total rice subsidy for Household C in 2010 is 840 kg per year.

3. Form of subsidy

a) The type of rice subsidy according to this Circular is regular white rice, with moisture content not exceeding 14%, free from pests, mold, and mildew.

Based on the provisions of this Circular, the People's Committee of the province may consider and prioritize providing types of rice suitable for local consumption or produced locally.

b) The project proponent shall purchase rice in accordance with the regulations of the Ministry of Finance regarding public tender procurement of state-owned assets.

c) The project proponent shall organize the distribution of rice to each household in the project area on a monthly basis, at each village where the household resides. Depending on the actual situation in each locality, the People's Committee of the province may decide on specific distribution periods, but not more than once every three months.

Based on the approved project and the guidelines of this Circular, the project proponent shall coordinate with the Village Head to establish a list of households and the quantity of rice subsidy for each household in the village (Form No. 01 attached).

When households begin implementing the planting of protective forests and production forests replacing shifting cultivation, the project proponent shall commence the rice subsidy.

The rice subsidy must be signed by the representative of the household receiving the subsidy; confirmed by the Village Head; and signed, stamped, and clearly marked with the name and position by the People's Committee of the commune (Form No. 02 attached).

IV. SOURCE OF FUNDS AND SETTLEMENT

1. The funding source for implementing rice subsidies (including transportation costs from purchase locations to distribution points) shall be allocated within the budget of the New Forest Planting Project of 5 million hectares guaranteed annually by the State budget.

After the completion of the New Forest Planting Project of 5 million hectares, starting from 2010, the Ministry of Agriculture and Rural Development shall take the lead, together with the Ministry of Planning and Investment and the Ministry of Finance, to continue allocating funds and managing the forest protection and development program under the national target program mechanism to achieve the goal of planting new forests on 5 million hectares.

2. The management and disbursement of state budget funds for rice subsidies shall be carried out in accordance with the Circular guiding this issued by the Ministry of Finance.

3. Regarding control, payment for purchasing rice and transporting rice

a) Advance funding

Based on the plan assigned by the competent authority, the application for advance funding, and the list of households registered to plant forests on shifting cultivation land and the quantity of rice subsidies prepared by the project owner according to the guidance provided in this Circular, the State Treasury shall implement the advance funding for the project owner for the full amount required to purchase and transport rice to the distribution point.

b) Capital settlement

After providing rice subsidies to households, the project owner shall submit to the State Treasury a list of households that have implemented forest planting and received rice subsidies, confirmed and signed by the households, the project owner, and the People's Committee of the commune, along with relevant invoices and documents related to the purchase and transportation of rice. The State Treasury shall carry out the capital settlement and recover the advance funding according to current regulations.

4. Settlement shall be conducted according to the fiscal year and at the end of the project according to current regulations.

V. REGARDING ADJUSTMENTS, SUPPLEMENTS AND CONSTRUCTION OF THE PROJECT BASE

FOR THE NEW FOREST PLANTING PROJECT OF 5 MILLION HECTARES

1. For areas replanting forests instead of shifting cultivation within the project base of the New Forest Planting Project of 5 million hectares already approved, the project owner shall adjust and supplement the rice subsidy component project according to the guidance in this Circular and submit it to the competent authority that has approved the original project base for supplementary approval according to current regulations.

2. For areas replanting forests instead of shifting cultivation within the planned forestry area but not included in the existing New Forest Planting Project of 5 million hectares, the Provincial People's Committee shall assign the Department of Agriculture and Rural Development (Forest Protection Agency) to construct a project base for the New Forest Planting Project covering the entire province (including forest planting costs and rice subsidies for local ethnic minorities replanting forests instead of shifting cultivation). The Provincial People's Committee shall organize the review and approve the project.

3. Requirements and basic contents of the project base regarding rice subsidies.

a) The agency constructing the project base shall lead and coordinate with the Village Head and the Forest Protection Officer in reviewing and tallying the area of shifting cultivation converted to protective forests and productive forests, and the number of households and individuals within each household eligible under Section I of this Circular in each village, ensuring transparency and democracy.

b) Representatives of households eligible under Section I of this Circular shall have a "Request for Replanting Forests Instead of Shifting Cultivation" (Model No. 03 attached).

c) Based on the area of shifting cultivation converted to protective forests and productive forests, the number of households and individuals within each household, and the subsidy level specified in Clause 2, Section III of this Circular, the project owner shall compile the annual demand for rice subsidies; estimate the area of shifting cultivation converted to forests for each household annually in each village. This compilation must be confirmed by the Village Head; signed, stamped, and dated by the Chairman of the Commune People's Committee.

Construction of the project base for the New Forest Planting Project of 5 million hectares shall be based on the guidance of the Ministry of Agriculture and Rural Development. The project owner shall construct and submit the project for approval by the Provincial People's Committee according to current regulations.

4. Funding for construction of the project base: The Provincial People's Committee shall allocate within the annual economic affairs budget of the locality.

VI. MANAGEMENT, GUIDANCE AND IMPLEMENTATION OF RICE SUBSIDIES

1. Responsibilities of the Forest Protection Service:

Direct, guide, inspect, and consolidate results of rice subsidies for ethnic minority groups in mountainous areas replanting forests instead of shifting cultivation nationwide.

2. Responsibilities of the Chairman of the Provincial People's Committee:

a) Direct and organize the implementation of this Joint Circular, bear overall responsibility for the effectiveness of rice subsidies and replanting protective forests and productive forests instead of shifting cultivation in the locality. Direct adjustments, supplements, and construction of the project base for the New Forest Planting Project of 5 million hectares according to the guidance in this Circular and approve the New Forest Planting Project of 5 million hectares according to current regulations. Specify the level of rice subsidies and duration suitable to the actual conditions of the locality. Direct, inspect, and supervise the implementation of the project.

b) Compile the annual demand for rice subsidies and assign the annual plan together with the New Forest Planting Project of 5 million hectares to the project owner for implementation.

c) Handle violations within their jurisdiction to prevent waste and ensure fairness during the implementation of rice subsidies.

d) Decide on handling cases where newly planted forests on shifting cultivation land fail to become forests due to uncontrollable factors such as fire and pest damage within their jurisdiction.

3. Responsibilities of the Departments of Agriculture and Rural Development and Forest Protection Agencies at all levels in the locality:

a) Departments of Agriculture and Rural Development:

Direct, guide, and inspect the project bases of the New Forest Planting Project of 5 million hectares regarding the implementation of rice subsidies and replanting protective forests and productive forests instead of shifting cultivation in the locality.

Bear primary responsibility before the Provincial People's Committee for the effectiveness of rice subsidies and replanting protective forests and productive forests instead of shifting cultivation in the locality.

b) Forest Protection Branches:

Organize the construction of the project base for the New Forest Planting Project of 5 million hectares according to Clause 2, Section V of this Circular.

Organize the implementation of replanting forests instead of shifting cultivation and rice subsidies throughout the province.

At the end of each quarter and year, compile the implementation status of the Project's base project and report to the Provincial Project Management Board 661 and the Forest Inspection Department.

c) Forest Ranger Station:

Direct the forest rangers in the area to guide and supervise the use of subsidized rice and the planting of protective forests and production forests replacing swiddens in all communes within the district (including the replanting of forests instead of swiddens in the base projects of the New Plantation of Five Million Hectares of Forests Project).

At the end of each quarter and year, compile the implementation status of the base projects of the New Plantation of Five Million Hectares of Forests Project within the entire district and report to the Provincial Project Management Board 661, the District Forest Inspection Office, and the People's Committee at the district level.

4. Responsibilities of the Commune People's Committee:

a) Coordinate with the Base Project Investor to promote, mobilize, and disseminate regulations on policies regarding the planting of protective forests and production forests replacing swiddens.

b) Coordinate with the Base Project Investor to review the list of households, the quantity of subsidized rice for each household in the village, and agree specifically on the location and time of rice distribution.

c) Direct the commune Legal Affairs Board, forest rangers in the area, village chiefs, and local political social organizations to coordinate with the Base Project Investor to monitor and guide ethnic minority households in place as specified in Clause 2, Section I of this Circular in the implementation of using subsidized rice and planting protective forests and production forests replacing swiddens on land planned for forestry purposes in the commune.

d) Publicize at the Commune People's Committee the list of households participating in planting protective forests and production forests replacing swiddens, including the quantity of subsidized rice received and the area planted with protective forests and production forests replacing swiddens.

5. Responsibilities of the Village Chief:

a) Coordinate with the Base Project Investor and forest rangers in the area to review and tally the households participating in planting protective forests and production forests replacing swiddens.

b) Supervise the implementation of using subsidized rice and planting protective forests and production forests replacing swiddens in the village.

c) Publicize at the village the list of households participating in planting protective forests and production forests replacing swiddens, including the quantity of subsidized rice received and the area planted with protective forests and production forests replacing swiddens.

6. Responsibilities of the Base Project Investor:

Fulfill the functions and responsibilities of the Base Project Investor of the New Plantation of Five Million Hectares of Forests Project according to current regulations and guidance provided in this Circular.

Guide households to establish annual records of subsidized rice receipt (sample record attached).

Implement periodic reporting in accordance with the reporting system of the New Plantation of Five Million Hectares of Forests Project.

7. Responsibilities of the Household Head Participating in Replacing Swiddens with Forests:

Organize and implement together with family members and mobilize other households in the community according to the "Application for Replacing Swiddens with Forests" that they have committed to.

Do not transfer, convert, or lease the area of swiddens registered for conversion to forest planting.

This Circular takes effect fifteen days from the date of publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Agriculture and Rural Development and the Ministry of Finance for consideration and resolution./.