Joint Circular No. 58/2008/TTLT-BNN-BKH-BTC guides the implementation of the project to plant five million hectares of new forests for the period 2007-2010, including regulations on management, protection, and development of special-use forests, protective forests, and production forests. This Circular applies to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, the Ministry of Finance, and localities.
Đối tượng áp dụng
The Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, the Ministry of Finance, provinces/cities, forest owners (Management Board of National Parks, Nature Reserves, Protective Forest Management Board, forest planting enterprises).
Các điểm cốt lõi
- Special-use forests shall only implement contractual protection where there are insufficient dedicated forces.
- Small scattered protective forests are separated from the management area and transferred to community residents, prioritizing the linking of protection with benefits derived from the forest.
- The budget for contractual forest protection is approximately 100,000 VND per hectare per year.
- New forest planting shall only be carried out in areas that cannot naturally regenerate such as bare land, degraded sandy land, saline-affected land, and acid-sulfate affected land.
- Five percent of the budget shall be allocated for forest management and protection activities.
🌐 Tác động xã hội từ văn bản này
- Creating opportunities for community residents to participate in forest protection and development, reducing financial burdens from the state.
- Reducing the risk of deforestation through contractual forest protection.
- Continuing investment in difficult areas for forest protection.
❓ Câu hỏi thường gặp
How are special-use forests implemented?
The forest owner, which is the Management Board of National Parks and Nature Reserves, organizes protection using dedicated forces. Contractual protection shall only be implemented in areas where there are insufficient dedicated forces at a ratio of 500 hectares per one forestry ranger position.
How are small scattered protective forests handled?
The Department of Agriculture and Rural Development directs the separation of small scattered forests from the management area, transferring them to community residents and prioritizing the linking of protection with benefits derived from the forest.
What is the budget for contractual forest protection?
On average, 100,000 VND per hectare per year.
Where is new forest planting carried out?
Only in areas that cannot naturally regenerate such as bare land, degraded sandy land, saline-affected land, and acid-sulfate affected land.
What percentage of the budget is allocated for forest management and protection activities?
Five percent of the project budget.
Toàn văn
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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT - MINISTRY OF PLANNING AND INVESTMENT -MINISTRY OF FINANCE No.: 58/2008/TTLT-BNN-BKH-BTC GUIDELINES FOR IMPLEMENTATION OF THE PRIME MINISTER’S DECISION ON OBJECTIVES, TASKS, POLICIES, AND ORGANIZATION OF THE PROJECT TO PLANT NEW FORESTS ON 5 MILLION HA FROM 2007 TO 2010 |
SOCIALIST REPUBLIC OF VIETNAM |
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Pursuant to Decision No. 661/QĐ-TTg dated July 29, 1998 of the Prime Minister on objectives, tasks, policies, and organization of the project to plant new forests on 5 million hectares, and Decision No. 100/2007/QĐ-TTg dated July 6, 2007 of the Prime Minister amending and supplementing certain articles of Decision No. 661/QĐ-TTg. |
Hanoi, on 02 month 5 2008 |
JOINT CIRCULAR
The Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance jointly issue guidelines for implementing
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Pursuant to Decision No. the Prime Minister’s Decision on objectives, tasks, policies, and organization of the project to plant new forests on 5 million hectares from 2007 to 2010 as follows:
I. IMPLEMENTATION OF PROJECT TASKS FOR DIFFERENT TYPES OF FORESTS 1. For special-use forests:
a) Forest owners, such as management boards of national parks and nature reserves, shall organize forest protection using their dedicated forces. Forest protection contracts shall only be implemented where there is insufficient dedicated force at a ratio of 500 ha per forestry staff member (as per Decision No. 186/2006/QĐ-TTg dated August 14, 2006 of the Prime Minister). In exceptional cases, where special-use forests have small areas but high population density within the forest with significant risk of encroachment, the Ministry of Agriculture and Rural Development may consider approving investment in forest protection contracts;
b) After reviewing the planning of special-use forests and functional zones within these forests, if areas without forests need to be restored, natural regeneration should primarily be implemented. Artificial regeneration with supplementary planting shall only be carried out in ecological restoration zones and when successful research results have been applied and approved by relevant scientific councils;
c) New forest planting shall only be conducted in botanical gardens, coastal special-use forests, and areas in ecological restoration zones that cannot naturally regenerate (if truly necessary);
d) Population stabilization and resettlement in special-use forests shall be carried out according to plans developed by the Ministry of Agriculture and Rural Development or provincial People's Committees, subject to review by the Ministry of Agriculture and Rural Development.
a) For fragmented protective forests with small areas (less than 500 ha) not contiguous, the Department of Agriculture and Rural Development shall instruct the management boards of protective and special-use forests to review and separate these areas from the assigned management area and immediately establish files to submit to competent authorities for forest allocation and lease, along with land use rights certificates. Priority shall be given to local communities, households, and non-state organizations currently contracted for planting, nurturing, and protecting the forest. The State will no longer invest in forest protection through forest protection contracts for these areas but will mainly link forest protection with benefits derived from the forest;
b) For areas of protective forests already allocated to village communities and households but lacking forest-derived income, and in highly sensitive areas regarding forest protection, provincial People's Committees shall decide to support forest protection partially from provincial forest protection contract funds allocated by the central government;
2. For protective forests:
c) Forest owners, such as management boards of protective forests, shall independently implement protective forest protection. The State will only invest in protective forest protection contracts for areas with significant difficulties in protection, high risk of deforestation, and no regular income from protective forests;
With protective forests that already generate regular income as stipulated, if needed and requested by local people, management boards of protective forests may enter into long-term contracts with individuals, households, and organizations without annual state forest protection contract payments;
d) Areas designated as protective forest land but capable of natural regeneration shall implement natural regeneration measures. Artificial regeneration with supplementary planting shall not be implemented for protective forests except for areas planted before 2007;
e) New protective forest planting shall only be conducted in areas incapable of natural regeneration such as bare land, degraded sandy land, saline and alkaline land. Priority shall be given to projects for windbreaks, coastal wave barriers, protective forests around reservoirs and hydropower facilities, and border protective forests;
f) The species composition and adjustment of planting density for protective forests, including the harvesting of auxiliary trees and thinning of main tree species, shall follow the guidance of the Ministry of Agriculture and Rural Development;
g) Based on the results of reviewing the planning of three types of forests pursuant to Directive No. 38/CT-TTg,
3. For production forests:
a) Domestic organizations, households, and individuals engaged in planting new production forests, scattered tree planting, logging, and processing of forest products shall be considered for support under Decision No. 147/2007/QĐ-TTg dated September 10, 2007 of
b) Forestry companies, forest farms, enterprises, economic organizations, investors, and households participating in afforestation projects for raw material forests approved by competent authorities can borrow from the Vietnam Development Bank.
4. Implementation of boundary marker posts for different types of forests shall follow the principle:
a) Forest owners must set up boundary markers to manage forests, with the state budget investing in boundary markers for state-owned special-use and protective forests; for production forests, forest owners must fund the setting up of boundary markers themselves;
b) Boundary markers shall only be set up for boundaries between forest land and other lands, or between special-use forests and road boundaries combined with signboards;
c) For protective forests, boundary markers shall be set up in places difficult to identify boundaries or prone to disputes; they shall not be set up indiscriminately to avoid waste.
b) Only set boundary markers at the boundaries between forest land and other types of land, or at the boundaries between special-use forests and road rights-of-way combined with signboards;
c) For protective forests, set boundary markers only at places where the boundaries are difficult to identify or where disputes are likely to occur; do not set them indiscriminately to avoid waste.
d) The specifications for boundary posts, the numbering of boundary posts, and the determination of locations for setting up boundary posts for specific types of forests shall be carried out in accordance with the guidelines of the Ministry of Agriculture and Rural Development.
II. CONTENTS OF INVESTMENT AND LEVEL OF INVESTMENT
1. Five percent of the project's budget shall be allocated to forest management and protection activities, including the following tasks:
a) Funding for establishing land use right certificate files for forest allocation linked to forestry land allocation under the new planting of five million hectares of forest project (the completed file includes the land use right certificate) for organizations, households, individuals, and village community groups. The average expenditure is 200,000 VND per hectare, and the specific amount is determined by the provincial People's Committee;
b) Information dissemination and awareness-raising on forest protection for all stakeholders. Expenditure follows the current administrative service expense regulations;
c) Organizing professional training for personnel directly involved in forest protection, self-defense forces, or village security teams. Expenditure follows the current administrative service expense regulations;
d) Providing allowances for responsibility to commune-level officials, forest protection forces, fire prevention and firefighting units, and pest control units within the five million hectares of newly planted forest area. The expenditure level is implemented according to current regulations;
e) It is not necessary to allocate this five percent budget evenly among grassroots projects. Based on the actual conditions of the locality, the provincial People's Committee may consider allocating specific amounts to project management boards at various levels and forestry inspection organizations to carry out these tasks. For projects of ministries and sectors, the ministries and sectors will allocate specific amounts to project management boards and forestry inspection organizations under their jurisdiction.
2. Forest protection contracts:
a) Contracted funds for forest protection shall be used for protecting special-use forests and protective forests that are natural or planted forests beyond the basic construction period but still require protection; scientific research forests that have completed funding but need continued monitoring; and state-owned seedling nurseries and genetic gardens;
b) Forest protection contracts shall be implemented through medium-term contracts (three or five years). If it is a new contract valid until the end of 2010, or if it is an extension of a contract valid until the end of 2010;
The contracting party is the state forest owner, including special-use forest management boards, protective forest management boards, and public institutions managing forests. For areas managed directly by the commune People's Committee, the contracting party is the project management board under the district forestry inspection station, but the contract must include confirmation from the commune People's Committee. Previous contracts signed by grassroots project management boards for areas belonging to state forest owners must be re-signed according to this regulation.
The contracted party is local households, village communities, or local household groups (in cases where ethnic minorities wish to contract as groups), or local armed forces (in cases where there are no residents in border forest areas of communes), in some cases, upon direct written permission from the contracting party's superior, the contracting party may use the contracted forest protection funds to contract with local individuals or commune, village officials to form regular forest protection forces.
In cases where the contract is given to non-state organizations, there are no contracted funds, and the contracted party benefits directly from the forest according to regulations, with long-term contracts.
The responsibilities of the contracting party include annually inspecting the quality of the forest and evaluating the results of implementation for each contracted party, confirmed by forestry inspectors; if forest loss or degradation occurs, legal action and contract termination shall be taken. Additionally, the contracting party must regularly supervise related parties in the locality to ensure the forest is not harmed;
c) The annual inspection results confirmed by both the contracting and contracted parties serve as the basis for the grassroots project management board to settle accounts for the new five million hectares of forest planting project;
d) The central government's support for local budgets for forest protection contracts averages 100,000 VND per hectare per year. The specific contracted amount for each locality is decided by the provincial People's Committee based on actual conditions (except for localities with different regulations);
e) Central government subsidies for forest protection contracts only guarantee the plan assigned by the five million hectares of forest project. If the local forest protection area exceeds the assigned plan, the provincial People's Committees shall use local budgets to supplement the forest protection contract funds.
3. Encirclement and nurturing for natural regeneration of protective and special-use forests:
a) The area of protective and special-use forests subject to encirclement and nurturing for natural regeneration included in the approved annual plan has an average investment of 100,000 VND per hectare per year. The specific investment for encirclement and nurturing in each locality is decided by the investment decision-making agency based on actual conditions;
b) The average investment for encirclement and nurturing combined with supplementary afforestation is 2 million VND per hectare over six years. Detailed technical measures and specific investment levels follow the design estimate approved by the investment decision-making agency. The investment decision-making agency may authorize its specialized agency to approve;
After the encirclement and nurturing period ends, the provincial project management board and grassroots agencies must organize an evaluation of the results and manage and protect the areas that have become forests according to the guidelines of the Ministry of Agriculture and Rural Development. These areas becoming forests are reported in the annual forest statistics report as required.
4. Planting forests:
a) For special-use forests:
- The composition of tree species, density, and investment level shall be carried out according to the design and budget approved by the investment decision-making agency based on the economic and technical standards set by the Ministry of Agriculture and Rural Development. The investment decision-making agency may authorize its specialized agency to approve.
Design consultancy and afforestation construction shall be carried out in accordance with current tendering regulations. The afforestation tender package covers from planting to the end of the forest care period;
- In cases where the approved investment level for new forest planting within the range of six million dong per hectare (for both planting and subsequent care years) is established, the forest management unit shall implement it themselves or subcontract it by stages or until the forest is established (seedlings may be produced or purchased independently but must comply with procedures for managing seed quality). The investment level for planting and caring for the forest in the first year is approximately sixty to seventy percent of the total investment level, with the remaining thirty to forty percent allocated to subsequent years. Specific levels are determined by the investment decision-making authority.
b) For protective forests:
- Areas of forestry land planned for protective forests that have been stably assigned long-term to households, individuals, village communities, and non-state organizations, if they voluntarily participate in planting forests, will be supported with six million dong per hectare for both planting and subsequent care years, and will benefit from the forest according to current regulations. The project management board at the grassroots level shall organize technical design and approval according to the technical standards for forest planting set by the Ministry of Agriculture and Rural Development, then sign a Forest Planting Support Contract with households, individuals, village communities, and non-state organizations (according to the attached model) to implement it;
- For large areas of land designated for concentrated protective forest planting managed directly by state forest owners: The investment level for new forest planting is calculated based on economic and technical norms for forestry activities as prescribed by the Ministry of Agriculture and Rural Development; specific investment levels, methods, and timeframes for planting and caring for each area are carried out according to the budget design approved by the investment decision-making authority. The investment decision-making authority may delegate this approval to its specialized agencies. Design consultancy and construction for concentrated forest planting areas of state forest owners mentioned here are implemented according to the provisions of the Bidding Law. The bidding package for forest planting covers from planting through the end of the forest care period;
- In cases where the approved investment level for new forest planting within the range of six million dong per hectare (for both planting and subsequent care years) is established, the forest management unit shall implement it themselves or subcontract it by stages or until the forest is established (seedlings may be produced or purchased independently but must comply with procedures for managing seed quality). The investment level for planting and caring for the forest in the first year is approximately sixty to seventy percent of the total investment level, with the remaining thirty to forty percent allocated to subsequent years. Specific levels are determined by the investment decision-making authority.
5. For ethnic minority households under Decision 134/2004/QĐ-TTg dated July 20, 2004 of the Prime Minister who are implementing the project to plant five million hectares of new forests, the provincial People's Committee is responsible for coordinating and integrating funds from various programs and projects within the province to support according to the provisions of Decision 134/2004/QĐ-TTg for the correct target groups and funding levels.
6. Implement food supply for replanting forests instead of shifting cultivation:
According to the guidance of the Ministry of Agriculture and Rural Development - Ministry of Finance.
7. Use ten percent of the total state budget investment capital for the project to build infrastructure directly serving forest protection and development management for special-use and protective forests. Specific investment levels for each project are approved by central ministries and sectors (for centrally-managed projects) and provincial People's Committees (for locally-managed projects). Infrastructure construction projects are prioritized in the following order:
a) Construction and upgrading of forest protection stations (including ancillary works and clean water facilities), forest pest control facilities, forest fire prevention and firefighting facilities (firebreaks, fire lookout towers, warning signs, irrigation channels, water reservoirs, wells, small-scale dams for firefighting during dry seasons, etc.);
b) Construction or upgrading of nurseries, seedling gardens, and seedling forests: Provinces should proactively develop planning proposals and invest in forest tree seed sources within their jurisdiction. Before the provincial People's Committee approves these proposals, they must be reviewed by the Ministry of Agriculture and Rural Development to ensure alignment with the national system of forest tree seed sources;
c) Construction and upgrading of forest roads included in the project's approved planning (main roads within protective and special-use forest zones);
d) Small-scale infrastructure construction projects (under one hundred million dong per project) are implemented according to standard designs, with the project sponsor being able to self-implement based on technical designs and budgets approved by the investment decision-making authority or delegated agencies;
e) In cases where local needs require it, if the total investment level for large infrastructure projects exceeds ten percent, the difference can be supplemented by local government budgets and decided upon by the provincial People's Committee.
8. Allocate two percent of the project's budget to organize forestry promotion activities as follows:
a) Forestry promotion funds are only allocated to projects with new forest planting components. First, allocate funds to the grassroots project management board to hire enough field technicians to serve as grassroots forestry promoters with a cost rate of one hundred thousand dong per hectare of newly planted forest. The responsibility of field technicians is to provide technical guidance to forest planters and conduct on-site inspections according to the Ministry of Agriculture and Rural Development's regulations. The duration and salary of the contracts are stipulated by the investment decision-making authority;
b) The investment decision-making authority allocates the remaining funds for forestry training and education; information dissemination about forestry promotion, establishment of recognized new forest planting models, and organizing tours of domestic new forest planting models. Expenditure levels follow the guidelines of the Ministry of Finance and the Ministry of Agriculture and Rural Development regarding current agricultural and fisheries extension work.
9. Project management costs are calculated as ten percent of the total state budget investment for the project, allocated to central ministries and sectors seven percent, provinces thirteen percent, and grassroots project sponsors eighty percent. Expenditure items include: project review and approval, conference fees for mid-term and final reviews, awards, office supplies for management activities, necessary equipment, management and administrative salaries, travel expenses, annual financial settlement costs, and completion project settlement costs.
As for the 0.7% of the central budget: In addition to funding the aforementioned tasks, it is also allocated for building certain urgent mechanisms and policies to serve the project of planting five million hectares of new forests and other tasks proposed by the Central Project Management Board for implementation under the project. The expenditure plan must be approved by the Central Project Management Board and the amount of expenditure according to the approval of the investment decision-making authority.
10. Funding for reviewing and planning three types of forests and reviewing and establishing projects for planting five million hectares of new forests at the grassroots level, and for marking forest boundary stakes:
a) Utilize the surplus funds from the first phase (1999-2005) of the project for planting five million hectares of new forests;
b) For provinces that do not have sufficient or any surplus funds, they shall obtain funds from the annual allocation of the project for planting five million hectares of new forests for the provinces. The expenditure level shall be in accordance with current regulations and the approved budget by the provincial People's Committee.
11. Design fees for forestry items:
a) Design fees and documentation for forest protection contracts and natural regeneration enclosure only apply in the first year and are taken from the budget of those items in the first year. The average rate is 30,000 VND/hectare, with specific rates determined by the provincial People's Committee;
b) Design fees for planting new forests and regeneration enclosure with supplementary plantation of forestry trees are calculated based on economic and technical norms issued by the Ministry of Agriculture and Rural Development and included in the unit price (or budget) for afforestation.
12. Financial management and payment documentation regulations:
Capital disbursement is carried out through the State Treasury system in accordance with the current state budget management regulations. The project owner may open an account at the State Treasury location convenient for payment control and the project owner's transactions.
Payment documentation and project basis materials shall be implemented in accordance with the guidelines of the Ministry of Finance.
13. Advance payments and capital payments:
a) After signing the contract, advance payments of at least 50% of the contract value are made for each item of the project for planting five million hectares of new forests;
b) Capital allocated for the project according to a three-year plan is clearly divided for each year. The plan for the year is disbursed for the completed volume up to December 31 of that year, and the acceptance and final settlement of the project owners can be conducted until March 31 of the following year, while the State Treasury's capital payment is completed by April 30 of the following year. Remaining capital is transferred to the next year for implementation;
c) The recovery of advance payments and the issuance of capital payments are carried out in accordance with the guidelines of the Ministry of Finance.
The expenses: 10% management fee, 10% construction fund, 2% forestry promotion, and 5% forest management and protection work are calculated based on the total annual plan assigned to each locality and if unused, can be transferred to the next year or allowed to be used for land and forest transfer documents as stipulated in point a) of Section 1, Part II of this Circular.
14. Final settlement regulations:
Annual final settlement and completion final settlement of investment capital are carried out in accordance with the Ministry of Finance's guidelines on final settlement of investment capital.
III. ACCEPTANCE AND HANDOVER OF FORESTS, STATISTICAL REPORTING
1. Acceptance of forestry investment items is carried out in accordance with the regulations of the Ministry of Agriculture and Rural Development. The acceptance of other construction investment items is carried out in accordance with the current national regulations.
2. Handover of forests upon completion of basic construction investment: It is conducted immediately during the final acceptance period, with handover based on the actual quality and quantity of the forest and compared with the approved design documents and forest formation criteria issued by the Ministry of Agriculture and Rural Development. If, at the final acceptance period, the planted forest has not met the forest formation criteria but has the potential to become a forest in the future, a record of the forest status is established and forest formation acceptance will be conducted once the planted forest meets the forest formation criteria. During the waiting period for forest formation acceptance, the project management boards at the grassroots level will consider and decide whether to continue protecting the forest and report to the provincial and central project management boards for decision.
3. Reporting System:
a) On the 22nd of each month, the project owner is responsible for reporting quickly the results and monthly and cumulative indicators since the beginning of the year to the provincial project management board;
b) The supervising agency (Provincial Project Management Board, Central Ministries and Departments) compiles and reports monthly to the Central Project Management Board's Standing Committee no later than the 25th of each month;
c) On the 28th of each month, the Central Project Management Board's Standing Committee compiles and reports to the Minister of Agriculture and Rural Development and sends to the members of the Central Project Management Board (by email);
d) The Ministry of Agriculture and Rural Development is responsible for compiling semi-annual and annual reports through the Central Project Management Board before submission;
IV. CONSTRUCTION AND COMBINED PLANNING
1. Three-year plan 2008-2010:
a) Based on Decision No. 100/2007/QĐ-TTg dated July 6, 2007,
b) After receiving the plan, ministries, sectors, and localities allocate the three-year plan to each grassroots project within 30 working days, detailing the tasks and capital for each year of the projects. The results of the plan allocation are sent to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance for monitoring and tracking.
2. Content of the planning by provinces includes:
a) Evaluation of the implementation results of the 2006-2007 plan (according to the assigned plan content, items funded by other sources, and participation of various economic sectors);
b) The 2008-2010 plan includes investment sources, including detailed tasks and state budget investment capital for the five million hectare forest project:
+ Forest protection targets, regeneration enclosure, including the area of supplementary plantation of forestry trees in the year.
+ New forest planting includes:
* Area of new forest planting, care for protective and special-use forests (including support for non-state entities to plant protective forests);
* Area of production forest planting classified by type: raw material for industry (paper, chips, artificial boards, etc.), large timber, specialty forests, etc.
+ Capital structure;
+ List of projects and specific tasks.
3. Inspection work.
The investment decision-making body, central functional agencies, local authorities, and the State Treasury shall conduct inspections on the implementation of plans, compliance with financial management systems of the project sponsors, and promptly report any issues or difficulties in management, allocation, and disbursement of funds to the Ministry of Finance, the Ministry of Planning and Investment, the Ministry of Agriculture and Rural Development, and the Central Project Management Board for the 5 million hectare reforestation project to take appropriate measures.
V. RESPONSIBILITIES OF THE PARTIES INVOLVED
1. The Ministry of Agriculture and Rural Development:
a) Aggregate project implementation plans and report on their progress.
b) Provide guidance on the functions, duties, and authorities of project management boards at all levels.
c) Develop a nationwide information system software for project management, ensuring oversight down to each individual plantation plot and forest owner within the 5 million hectare reforestation project.
d) Plan the national forestry seedling system and publicly announce it in 2008.
e) Guide the transfer of forests along with land to organizations, individuals, households, and village communities.
f) Provide guidelines on technical procedures and norms to be implemented in the 5 million hectare reforestation project.
g) Guide the establishment of boundary markers for different types of forests.
h) Report annual final accounts of fund usage and final accounts upon completion of the project.
2. The Ministry of Planning and Investment:
a) Provide guidance on the mechanism for developing, allocating, and supervising the implementation of the three-year plan from 2008 to 2010 for the 5 million hectare reforestation project.
b) Lead and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Finance to report.
3. Ministry of Finance:
a) Provide guidance on the management and allocation mechanisms for state budget funds for the 5 million hectare reforestation project during the period 2007-2010.
b) Coordinate with the Ministry of Planning and Investment to allocate sufficient funds from the state budget to implement the project.
4. Provinces and Ministries involved in the project:
a) Shall be responsible for their own investment decisions. Uncompleted afforestation plans from the previous year may be carried over to the next year, but the three-year target must still be achieved.
b) Shall bear full responsibility for the results of projects under their management. They shall guide, inspect, and urge project sponsors to fulfill assigned plans, properly receive and use funds according to purpose and regulations.
c) Allocate project capital plans to grassroots projects based on total funding, capital structure, and project list allocated by the state.
d) Report annual final accounts of fund usage and final accounts upon completion of the project.
5. Rights and responsibilities of the Project Sponsor:
a) Implement the project according to assigned tasks, ensuring schedule and quality in accordance with current regulations.
b) Are permitted to adjust forest production items within the annual plan to ensure project progress, but must complete the three-year targets. Allow adjustment of volumes and funds from other tasks to afforestation within the assigned three-year plan. When adjustments are made, reports must be sent to the investment decision-making body and related agencies within 30 working days; if no response is received, the sponsor has the right to implement the adjusted plan.
c) Upon reaching sufficient quantities as stipulated in the contract, promptly conduct acceptance, prepare complete payment documentation, and request payment from contractors within the prescribed timeframe.
d) Properly receive and use funds according to purpose and target, economically and effectively.
e) Report and settle investment funds according to current regulations.
6. Provincial Department of Planning and Investment:
a) Shall advise the provincial People's Committee to supplement and balance investment funds for forest protection and development to ensure national goals.
b) Participate in the review board for final accounts after project completion.
7. Provincial Department of Agriculture and Rural Development:
a) Serve as the permanent office of the provincial project management board, advising the provincial People's Committee on directing and managing the 5 million hectare reforestation project within the province to ensure implementation of centrally assigned plans.
b) Coordinate with the provincial Department of Finance and other members of the project management board to audit annual final accounts and final accounts of completed projects, submitting them to the provincial People's Committee for approval.
8. Provincial Department of Finance:
a) Lead and coordinate with relevant agencies to review and approve final accounts of projects managed locally, submitting them to the provincial People's Committee for approval.
b) Provide guidance on procedures and formalities for liquidating non-forest plantations, lost forests, and transferring forests to forest owners upon project completion or when planted forests have matured.
9. State Treasury:
a) Based on allocated funds and regulations, supervise and timely allocate funds to project sponsors.
b) Conduct annual reporting and settlement of funds according to regulations.
VI. REORGANIZATION OF LOCAL PROJECT MANAGEMENT BOARDS AT THE COUNTY LEVEL
Local project management boards that do not directly manage forests (these forest areas are managed by the People's Committee of communes, previously established by the County People's Committee as county-level protective forest project management boards) must be transferred to the County Forest Protection Service to uniformly implement protective forest planting projects and support productive forest planting projects.
VII. IMPLEMENTATION PROVISIONS
This Circular replaces Circular No. 28/1999/TT-LT dated February 3, 1999, guiding the implementation of Decision No. 661/QĐ-TTg dated July 29, 1998 of the Prime Minister on the objectives, tasks, policies, and implementation organization of the 5 million hectare reforestation project. This Circular takes effect 15 days after its publication in the Official Gazette. Any difficulties encountered during implementation should be promptly reported in writing to the Ministry of Agriculture and Rural Development, the Ministry of Finance, and the Ministry of Planning and Investment for consideration and resolution.
This Circular takes effect 15 days after its publication in the Official Gazette.
Any difficulties encountered during implementation should be promptly reported in writing to the Ministry of Agriculture and Rural Development, the Ministry of Finance, and the Ministry of Planning and Investment for consideration and resolution.
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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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DEPUTY MINISTER OF PLANNING AND INVESTMENT
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DEPUTY MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT |
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