Joint Circular No. 58/2008/TTLT-BNN-KHĐT-TC guiding the implementation of the Prime Minister's Decision on the objectives, tasks, policies, and organization of implementing the New Forest Planting Project of 5 million hectares for the period 2007-2010. This document provides detailed regulations on types of forests, investment levels, forest protection management, infrastructure construction, funding, and responsibilities of related parties.
Scope of application
Ministry of Agriculture and Rural Development, Ministry of Planning and Investment, Ministry of Finance, provinces, new forest planting projects of 5 million hectares, project management boards, project sponsors, organizations, households, individuals participating in afforestation.
Key points
- The owner of special-use forests shall only implement forest protection contracts in areas where there are insufficient dedicated staff, at a ratio of 500 ha per one forestry ranger position.
- Forest protection contracts are funded for the protection of special-use forests and protective forests, with central support at a rate of 100,000 VND/ha/year.
- New forest planting shall only be carried out in botanical gardens, coastal special-use forests, and areas within ecological restoration zones that lack the natural capacity to regenerate forests.
- Areas designated as protective forest land but capable of natural regeneration shall be subject to measures for natural regeneration through enclosure.
- An average expenditure of 200,000 VND/ha is allocated for establishing forest transfer records linked to the allocation of forest land under the New Forest Planting Project of 5 million hectares.
🌐 Social impact of this document
- Positive impacts: Supporting ethnic minority households, creating opportunities for economic and social development.
- Negative impacts: High investment costs may impose a financial burden on local budgets.
- Beneficiaries include forest planting projects, forest owners, households, and individuals involved in afforestation.
- Affected entities include the state budget and forestry businesses.
❓ Frequently asked questions
How are the types of forests defined?
This circular provides detailed regulations on types of forests such as special-use forests, protective forests, and production forests. Each type of forest has specific provisions regarding management, protection, and new planting.
What is the level of support for forest protection contracts?
Central support for forest protection contracts is 100,000 VND/ha/year, with specific amounts determined by the People's Committee of the province.
How are the new forest planting projects of 5 million hectares supported?
Projects are supported according to Decision No. 147/2007/QĐ-TTg, including loans from the Vietnam Development Bank and other policies.
How is the project management fund allocated?
The project management fund is allocated as 10% of the total state budget investment for the project, with the central government contributing 0.7%, the province 1.3%, and the grassroots project sponsor 8%. Expenditure includes project appraisal, approval, commendation, management operations, salaries, and allowances for project management boards.
How are the design fees for forest engineering works set?
Design fees are only charged in the first year and are taken from the funds of those categories in the first year, with an average rate of 30,000 VND/ha.
Full text
JOINT CIRCULAR
Guidelines for Implementing the Prime Minister's Decision on Objectives, Tasks, Policies, and Implementation Organization of the New Forest Planting Project of 5 Million Hectares for the Period 2007-2010
Pursuant to Decision No. 661/QĐ-TTg dated July 29, 1998 of the Prime Minister on Objectives, Tasks, Policies, and Implementation Organization of the New Forest Planting Project of 5 Million Hectares and Decision No. 100/2007/QĐ-TTg dated July 6, 2007 of the Prime Minister on Amending and Supplementing Certain Provisions of Decision No. 661/QĐ-TTg.
The Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance jointly issue guidelines on certain aspects of implementing the Prime Minister's Decision on Objectives, Tasks, Policies, and Implementation Organization of the new forest planting project of 5 million hectares for the period 2007-2010 as follows.
I. IMPLEMENTATION OF PROJECT TASKS FOR DIFFERENT TYPES OF FORESTS
1. For Special Purpose Forests:
a) The forest owners, which are the Management Boards of National Parks and Nature Reserves, shall organize the protection of forests with their own dedicated forces. Only where there are insufficient dedicated forces, at a ratio of 500 ha per one ranger (Decision No. 186/2006/QĐ-TTg dated August 14, 2006), shall forest protection be contracted out.
b) After reviewing the planning of special purpose forest areas and functional zones within these forests, if the areas without forest cover need to be restored, natural regeneration should primarily be implemented through enclosure measures. Enclosure measures promoting natural regeneration with supplementary planting shall only be carried out in ecological restoration zones and when successful research results have been applied and approved by a specialized scientific council.
c) New forest planting shall only be conducted in botanical gardens, coastal special purpose forests, and areas in ecological restoration zones that lack the ability to naturally regenerate (if truly necessary).
d) The stabilization and resettlement of residents in special purpose forest areas shall be carried out according to the plan of the Ministry of Agriculture and Rural Development or the plan of the provincial People's Committee, which has been reviewed by the Ministry of Agriculture and Rural Development.
2. For protective forests:
a) For small scattered protective forest areas (less than 500 ha) that are not contiguous, the Department of Agriculture and Rural Development shall instruct the management boards of protective and special purpose forests to review and separate them from the assigned management area and immediately establish files to submit to competent authorities for forest allocation, leasing, and issuance of land use right certificates. Priority shall be given to village communities, local households, and non-state organizations currently undertaking forest planting, enclosure, and protection tasks. The state will no longer invest in forest protection through the contracting system 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, the provincial People's Committees shall decide to support forest protection partially from the provincial forest protection contracting funds allocated by the central government.
c) The forest owners, which are the Management Boards of Protective Forests, shall organize the protection of protective forests themselves. The state will only invest in contracting forest protection for protective forests in areas with significant difficulties in protection, high risk of deforestation, and no regular income from protective forests. In cases where protective forests already generate regular income as prescribed, if needed and requested by local people, the Management Boards may contract long-term stable protection to individuals, households, and organizations without annual state forest protection funding.
For areas designated as protective forest land but capable of natural regeneration, enclosure measures for natural regeneration shall be implemented. Measures for enclosure promoting natural regeneration with supplementary planting shall not be implemented for protective forests, except for areas planted before 2007.
New protective forest planting shall only be carried out in areas incapable of natural regeneration such as bare land, sandy wasteland, saline and alkaline land. Priority shall be given to projects for windbreak forests along coasts, wave barriers, protective forests around reservoirs and hydropower projects, and border protective forests.
The species composition and adjustment of planting density for protective forests, including the harvesting of auxiliary trees and thinning of main plantings, shall be carried out in accordance with the guidance of the Ministry of Agriculture and Rural Development.
Based on the results of reviewing the planning of three types of forests pursuant to Directive No. 38/CT-TTg,
3. For Production Forests:
Domestic organizations, households, and individuals engaged in new production forest planting, scattered tree planting, logging, and wood processing shall be considered for support under Decision No. 147/2007/QĐ-TTg dated September 10, 2007.
State Forestry Companies, Forest Farms, enterprises, economic organizations, investors, and households participating in afforestation projects for raw material forests approved by competent authorities may borrow from the Vietnam Development Bank.
4. Boundary Marker Pile Installation for Different Types of Forests Shall Be Carried Out According to the Following Principles:
a) Forest owners must install boundary marker piles to manage forests, with the state budget investing in marker piles for state-owned special purpose and protective forests; for production forests, forest owners must fund the installation of marker piles themselves.
b) Boundary marker piles shall only be installed between forest land and other lands, or between special purpose forests and road boundaries combined with signboards.
c) For protective forests, marker piles shall be installed in places where boundaries are difficult to identify or where disputes are likely to occur; they shall not be installed indiscriminately to avoid waste.
The specifications of marker piles, pile numbers, and locations for different types of forests shall be carried out according to the guidance of the Ministry of Agriculture and Rural Development.
II. CONTENT AND LEVEL OF INVESTMENT
1. Five percent of the project's budget shall be used for forest management and protection activities, including the following tasks:
a) Allocate for establishing forest transfer files linked to land allocation for forestry projects under the new planting of five million hectares of forests (the completed file includes land use right certificates) for organizations, households, individuals, and village community groups. The average expenditure is 200,000 VND/hectare, and specific amounts are determined by the Provincial People's Committee.
b) Provide information and propaganda to raise awareness about forest protection for all target groups. Expenditure follows the current administrative public service budget system.
Organize training and professional instruction on forest protection for frontline forest protection forces, self-defense militia, or village security teams. Expenditure follows the current administrative public service budget system.
Provide responsibility allowances for commune-level cadres, forest protection forces, firefighting forces, and pest control forces within the five million hectares of newly planted forest areas. Expenditure follows current regulations.
It is not necessary to allocate 5% of these funds equally among grassroots projects, but based on actual conditions, the Provincial People's Committee may consider allocating specific amounts to project management boards at various levels and forestry inspection organizations to carry out this task. For projects of ministries and sectors, the specific allocations are made by the respective ministries and sectors for their project management boards and subordinate forestry inspection organizations.
2. Forest protection contracts:
a) Contracted forest protection funds are allocated 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 tree gardens.
b) Forest protection contracts are 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 contract valid until the end of 2010.
The contracting party is the state forest owner including the Special-Use Forest Management Board, Protective Forest Management Board, and other units entrusted with forest management. For forests directly managed by the Commune People's Committee, the contracting party is the Project Management Board under the County Forest Inspection Station, but the contract must be confirmed by the Commune People's Committee. Previous contracts signed by grassroots project management boards for forests owned by state forest owners must be re-signed according to this regulation.
The recipient of the contract is local households, village communities, or local household groups (in cases where ethnic minorities wish to take over the contract as a group), or local armed forces (in cases where there are no residents in border area forests). In some cases, upon direct written permission from the contracting party's superior, the contracting party can use the contracted forest protection funds to hire local individuals or commune officials to form a regular forest protection force.
When contracting to non-state organizations, there is no contracted fund, but the recipient 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 performance of each recipient with confirmation from the local forestry inspector; if forest loss or degradation occurs, legal action and contract termination will be taken. Additionally, the contracting party must regularly supervise related parties at the local level to ensure the forest is not harmed.
The annual inspection results confirmed by both the contracting parties and the recipients serve as the basis for the New Five Million Hectares Reforestation Project Management Board to settle accounts.
The central government's support for local budgets for forest protection contracts averages 100,000 VND/hectare/year. Specific contract amounts for each locality are decided by the Provincial People's Committee based on actual conditions (except for localities with different regulations).
Central government subsidies for forest protection contracts only cover the planned area of the five million hectares reforestation project. If the local forest protection area exceeds the plan, provincial people's committees must 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 encirclement and nurturing investment for protective and special-use forests included in the approved annual plan averages 100,000 VND/hectare/year. Specific investment amounts for each locality are decided by the investment decision-making body based on actual conditions.
b) The average investment for encirclement and nurturing combined with supplementary afforestation is 2 million VND/hectare/six years. Detailed technical measures and specific investment amounts follow the approved design estimate. The investment decision-making body may authorize its specialized agency to approve.
After the encirclement and nurturing period ends, the provincial and grassroots project management boards must evaluate the results and manage and protect the regenerated forest areas according to the guidelines of the Ministry of Agriculture and Rural Development. These areas are reported in the annual forest statistics as required.
4. Reforestation:
a) For special-use forests:
- The planting structure, density, and investment level are carried out according to the design and budget estimate approved by the investment decision-making body based on the economic and technical standards set by the Ministry of Agriculture and Rural Development. The investment decision-making body may authorize its specialized agency to approve.
Design consulting and reforestation construction are conducted according to current tendering regulations. The reforestation tender package covers from planting to the end of the forest care period;
- In case 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 over subsequent years. The specific level is determined by the investment decision-making authority.
b) For protective forests:
- For 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 forest planting, they 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 organizes technical design and approval according to the technical standards for forest planting set by the Ministry of Agriculture and Rural Development, then signs a Forest Planting Support Contract with households, individuals, village communities, and non-state organizations (according to the attached model) to implement it.
- For large concentrated areas of land designated for protective forest planting directly managed by state forest owners: The investment level for new forest planting is calculated based on economic and technical forestry norms as prescribed by the Ministry of Agriculture and Rural Development; the specific investment level, method, approach, and time 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 agency. 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 runs from planting through the entire period of forest care.
- In case 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 over subsequent years. The specific level is 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 implementing the project to plant five million hectares of new forests, the provincial People's Committee is responsible for coordinating and integrating funds from programs and projects within the province to support according to the provisions of Decision 134/2004/QĐ-TTg to the correct target groups and expenditure levels.
6. Implementing the provision of foodstuffs for replanting forests instead of shifting cultivation fields:
According to the guidelines of the Ministry of Agriculture and Rural Development and the Ministry of Finance.
7. Using ten percent of the total state budget investment capital for the project to build infrastructure directly serving forest protection and development work for special-use forests and protective forests. The specific investment level for each project is approved by the central ministry or sector (for projects managed centrally) and the provincial People's Committee (for projects managed locally). Infrastructure construction projects are prioritized in the following order:
a) Building and upgrading forest protection stations (including ancillary works and clean water supply), forest pest control facilities, forest fire prevention and firefighting facilities (firebreaks, forest lookout towers, warning signs, irrigation channels, water reservoirs, wells, small-scale dams to retain water for firefighting during the dry season, etc.);
b) Constructing or upgrading seedling nurseries, germplasm gardens, seedling forests, and converted seedling forests: Provinces proactively develop planning proposals and invest in forest tree germplasm sources within their jurisdiction. Before the provincial People's Committee approves the proposal, it must be reviewed by the Ministry of Agriculture and Rural Development to ensure consistency with the national forest germplasm system planning;
c) Constructing and upgrading forest roads included in the project's planning approved by the competent authority (main roads within protective and special-use forest areas);
d) Small-scale infrastructure construction projects (under 100 million dong per project) are implemented according to standard designs, with the investor 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 the total investment for large infrastructure projects to exceed ten percent, the difference can be supplemented by local government budgets and decided upon by the provincial People's Committee.
8. Allocating two percent of the project funding for organizing forestry promotion activities as follows:
a) Forestry promotion funds are only allocated to projects with new forest planting components. First, funds should be allocated to the grassroots project management board to hire enough field technicians as grassroots forestry promoters with a cost rate of 100,000 dong per hectare of newly planted forest. The responsibility of the field technician 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 contract are stipulated by the investment decision-making authority.
b) The investment decision-making authority allocates the remaining funds for training and promoting forestry; disseminating information and propaganda about forestry promotion, establishing 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. The project management fee is calculated as 10% of the total state budget investment capital for the project, allocated to central ministries and agencies at 0.7%, provinces at 1.3%, and the project's implementing entity at 8%. The expenditure includes: project appraisal and approval, conference costs for mid-term and final reviews, commendation and reward expenses, office supplies for management activities, necessary equipment, management and operation costs, salaries and allowances for project management boards, travel expenses, annual financial settlement costs, and final project completion settlement costs.
For the 0.7% of the central budget: In addition to the aforementioned expenditures, it may also be used for the development of certain mechanisms and policies urgently needed to serve the planting of five million hectares of new forests and other tasks proposed by the Central Project Management Board for implementation in the project. The spending policy is approved by the Central Project Management Board, and the expenditure level is determined by the investment decision-making authority.
10. Funding for the review and planning of three types of forests and the review and construction of projects for planting five million hectares of new forests at the grassroots level, including boundary marker installation for forest areas:
a) Utilize residual funds from the first phase of the five million hectares of new forest planting project from 1999 to 2005;
b) For provinces that lack residual funds, the funding can be sourced from the annual allocation of the five million hectares of new forest planting project for those provinces.
The expenditure level is based on current regulations and the budget approved by the provincial People's Committee.
11. Design fees for forestry items:
a) Design fees and documentation preparation for forest protection contracts and natural regeneration enclosure only apply for the first year and are taken from the first-year budget of these items. The average rate is 30,000 VND per hectare, with specific rates set by the provincial People's Committee;
b) Design fees for new forest planting and regeneration enclosure with supplementary tree planting are calculated based on economic and technical standards issued by the Ministry of Agriculture and Rural Development and incorporated into the unit price (or budget) for forest planting.
12. Financial management and payment documentation regulations:
Capital disbursement is carried out through the State Treasury system according to the current state budget management regime. The project sponsor is allowed to open an account at the State Treasury location convenient for payment oversight and sponsor transactions. Payment documentation and project base materials follow the guidelines of the Ministry of Finance.
13. Advance payments and capital disbursements:
a) After signing the contract, advance payments for items under the five million hectares of new forest planting project shall be at least 50% of the contract value;
b) Capital allocation for the project over a three-year plan is clearly divided by year. The annual plan is disbursed for the quantity completed by December 31 of that year, with acceptance and final settlement by sponsors permitted until March 31 of the following year, and treasury payment until April 30 of the subsequent year. Remaining funds are transferred to the next year for implementation;
c) Recovery of advance payments and capital disbursements follow the guidelines of the Ministry of Finance.
The percentages of management fees (10%), basic construction (10%), forestry promotion (2%), and forest protection and management work (5%) are calculated based on the annual plan amount assigned to each locality, and any unused portion may be carried over to the next year or used for land and forest transfer documentation as stipulated in Section a, Part II of this Circular.
14. Final settlement procedures:
Annual and final investment capital settlements are conducted according to the Ministry of Finance's guidelines on investment capital settlement procedures.
III. ACCEPTANCE AND HANDOVER OF FORESTS, STATISTICAL REPORTING
1. Acceptance of forestry investment items follows the regulations of the Ministry of Agriculture and Rural Development. Acceptance of other construction investment items follows current national regulations.
2. Handover of forests upon completion of basic forestry construction: Conducted immediately during the final acceptance period, handover items are based on actual forest quality and quantity, compared with approved design documents and forest formation criteria issued by the Ministry of Agriculture and Rural Development. If, at the final acceptance period, planted forests have not met the forest formation criteria but have potential for future forest formation, a record of the forest status is established, and final forest formation acceptance will occur once the planted forests meet the criteria. During the waiting period, project management boards at the grassroots level decide whether to continue protection and report to the provincial and central ministry project management boards for decision.
3. Reporting System:
a) On the 22nd of each month, the project sponsor is responsible for reporting quick results and monthly and cumulative indicators since the beginning of the year to the provincial project management board;
b) The supervisory agency (provincial project management board, central ministry) compiles monthly reports sent 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 reports to the Minister of Agriculture and Rural Development and sends them to Central Project Management Board members via 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 construction:
a) Based on Decision No. 100/2007/QĐ-TTg dated July 6, 2007, of the Prime Minister, and this Circular, the provincial People's Committee directs the construction of the medium-term plan 2008-2010, including forest planting plans, forest regeneration enclosures, forest protection contracts, and other contents, to be submitted to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance. The Ministry of Planning and Investment leads, in coordination with the Ministry of Agriculture and Rural Development and the Ministry of Finance, to compile and balance the plan, report, and submit to the Prime Minister for decision on allocating the remaining three-year plan of the project to relevant ministries and localities for implementation. The plan allocation time is in the third quarter of 2008.
b) After receiving the plan, ministries, sectors, and localities shall assign three-year plans to each project at the grassroots level, clearly distinguishing capital and tasks for each year of the projects within thirty working days. The results of assigning the plan shall be sent back to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance for monitoring and tracking.
2. Contents of the planning process of provinces include:
a) Evaluation of the implementation results of the plan for the two years 2006-2007 (according to the content of the assigned plan, items funded by other sources of capital and the participation of various economic components).
b) The plan for 2008-2010 shall include investment capital sources, clearly distinguishing tasks and investment capital from state budget funds for the 5 million hectare forest project:
+ Forest protection indicators, encirclement and promotion of natural regeneration, including the area planted with supplementary 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 according to types: raw material for industry (paper, wood chips, artificial boards, etc.), large timber, high-quality timber, specialty forests, etc.
+ Capital structure;
+ List of projects and specific tasks.
3. Inspection work.
The investment decision-making agency, central and local functional agencies, State Treasury shall inspect the implementation of the plan, compliance with financial management regulations of the project investors, promptly reflect existing difficulties and issues in management, allocation, and settlement of capital with the Ministry of Finance, the Ministry of Planning and Investment, the Ministry of Agriculture and Rural Development, and the Central Steering Committee for the 5 million hectare new forest planting project to take appropriate measures to resolve them.
V. RESPONSIBILITIES OF THE INVOLVED PARTIES
1. The Ministry of Agriculture and Rural Development:
a) Aggregate plans and project implementation situations to report;
b) Guide on functions, tasks, and authorities of project management boards at all levels;
c) Develop a common information system software for project management nationwide, ensuring management down to each plantation plot and forest owner of the 5 million hectare new forest planting project;
d) Plan the national forestry seedling system and publicly announce it in 2008;
e) Guide the transfer of forests together with land allocation for forestry purposes to organizations, individuals, households, and village communities;
f) Guide technical procedures and norms to be implemented in the 5 million hectare new forest planting project;
g) Guide the setting up of boundary stakes for different types of forests;
h) Report annual final accounts and final accounts of completed projects.
2. The Ministry of Planning and Investment:
a) Guide the mechanism for building, assigning, and supervising the implementation of the three-year plan 2008-2010 for the 5 million hectare forest project;
b) Take the lead, coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Finance to report;
3. Ministry of Finance:
a) Guide the management and allocation mechanism of state budget capital for the 5 million hectare new forest planting 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 participating in the project:
a) Shall be responsible for their own investment decisions. Uncompleted forest planting plans from the previous year shall be carried over to the next year, but must complete the three-year plan targets;
b) Shall be fully responsible for the results of implementing projects under their management. Provide guidance, inspection, and supervision of project investors to implement assigned plans, receive and use capital for the intended purpose and in accordance with regulations;
c) Allocate capital plans to grassroots-level projects according to the total amount, capital structure, and list of projects allocated by the state;
d) Report annual final accounts and final accounts of completed projects.
5. Rights and responsibilities of the Project Investor:
a) Implement the project according to the assigned tasks, ensuring progress and quality in accordance with current regulations;
b) Be permitted to adjust forestry items within the annual plan among themselves to ensure the progress of the project implementation, but must complete the three-year plan targets. Allow adjustment of the volume and capital of other tasks to planting forests within the assigned three-year plan. When making adjustments, submit an adjustment report to the investment decision-making agency and related agencies within thirty working days; if no response is received, the investor has the right to implement the adjusted plan;
c) When the quantity reaches the conditions stipulated in the contract, promptly conduct acceptance, prepare complete payment files, and request payment from the contractor within the prescribed time limit;
d) Receive and use capital for the intended purpose, for the intended recipient, economically and effectively;
e) Report and settle investment capital according to current regulations.
6. Department of Planning and Investment:
a) Shall be responsible for advising the provincial People's Committee to supplement and balance investment capital for forest protection and development to ensure the goals set by the state;
b) Participate in the Review Board and final account settlement of projects after completion.
7. Department of Agriculture and Rural Development:
a) Serve as the permanent steering committee of the provincial project, responsible for advising and assisting the provincial People's Committee in directing and managing the 5 million hectare new forest planting project within the province to ensure the implementation of the plan assigned by the central government;
b) Coordinate with the Department of Finance and members of the Steering Committee to review annual final accounts reports and final accounts of completed projects for approval by the provincial People's Committee.
8. Department of Finance:
a) Lead and coordinate with relevant agencies to review and settle final accounts of projects managed by localities for approval by the provincial People's Committee;
b) Guide the procedures and formalities for liquidating non-forest plantations, lost forests, and transferring forests to forest owners upon project completion or when the planted forests have matured.
9. State Treasury:
a) Based on allocated capital and regulations, carry out control and timely disbursement of capital to project investors;
b) Carry out annual capital reporting and settlement according to regulations.
VI. REORGANIZATION OF GRASSROOTS PROJECT MANAGEMENT BOARDS AT THE DISTRICT LEVEL
Grassroots 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 district People's Committee as district-level protective forest project management boards) shall be transferred to the District Forest Protection Office to unify the implementation of protective forest planting projects and production forest planting support projects.
VII. IMPLEMENTING PROVISIONS
This Circular replaces Circular No. 28/1999/TTLT/BKH-BNV-BTC 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 organization of implementing the project to plant five million hectares of new forests.
This Circular takes effect fifteen days from the date of publication in the Official Gazette.
Any difficulties encountered during implementation shall be reported promptly 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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