Decree No. 58/2024/ND-CP on certain investment policies in forestry

DECREE

ON SOME INVESTMENT POLICIES IN FORESTRY

On the basis of Law on Government Organization dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of The Forest Law on November 15, 2017;

On the basis of Law on State Budget Management dated June 25, 2015;

On the basis of Law on Public Investment dated June 13, 2019;

On the basis of Law on Investment dated January 17 May 14, 2016 Government Decree detailing some provisions and measures to implement the Law on Legislative Regulatory Documents;

On the basis of Law on Construction dated June 18, 2014; Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17 May 14, 2016 Government Decree detailing some provisions and measures to implement the Law on Legislative Regulatory Documents;

At the proposal of the Minister of Agriculture and Rural Development;

The Government issues a Decree on certain investment policies in forestry.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates certain policies regarding investment for forest protection and development, and timber processing.

Article 2. Applicability

State agencies, organizations, households, individuals, and community residents involved in activities related to forest protection and development, and timber processing.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Investment means the use of state budget funds and other lawful sources of capital for programs, projects, and other investment activities to implement forest protection and development, and timber processing in accordance with the provisions of the law.

2. Investment support means the use of state budget funds and other lawful sources of capital to provide partial funding support for investment to implement forest protection and development, and timber processing in accordance with the provisions of the law.

3. Post-investment support means the use of state budget funds and other lawful sources of capital to provide support to organizations, households, individuals, and community residents who have carried out forest protection and development, and timber processing activities and whose results have been accepted by competent authorities.

4. High-tech forestry area is a high-tech zone within the agricultural sector as defined by the law on high technology; it is a research, application, development, and production area for high-tech and new technologies in forestry, including: forestry tree seeds, mechanization in afforestation, care, and harvesting of forests, timber processing, and production of auxiliary products in the wood and timber processing industry.

5. Forestry works are agricultural and rural development works formed from the implementation of forestry investment activities including: natural regeneration enclosure, natural regeneration enclosure with supplementary planting, nurturing natural forests, enriching natural forests, improving natural forests, afforestation, caring for planted forests, nurturing planted forests; constructing necessary infrastructure engineering facilities to serve forest protection and development.

6. Commune in Zone II is a commune located in areas with difficult socio-economic conditions; Commune in Zone III is a commune located in areas with extremely difficult socio-economic conditions in ethnic minority and mountainous regions according to the criteria set forth by the Prime Minister.

7. Coastal land includes communes, wards, and towns with seashores.

8. Community residents as prescribed in Clause 24, Article 2 of the Forest Law.

Article 4. Principles of Investment in Forestry

1. The State ensures resources for management, protection, and development of special-purpose forests and protective forests; provides funding for the protection and development of natural production forests during closure periods consistent with the ability to balance funds from the state budget in medium-term plans and annually.

2. The State encourages and creates favorable conditions for organizations and individuals to self-fund and legally mobilize capital to implement investment projects for forest protection and development, and timber processing.

Chapter II

CERTAIN POLICIES ON FOREST PROTECTION

AND DEVELOPMENT, TIMBER PROCESSING

Section 1

POLICY FOR SPECIAL-PURPOSE FORESTS

Article 5. Allocation of Forest Protection Funds for Special Purpose Forests

1. Objectives:

a) Management Board of Special Purpose Forests;

b) Management Board of Protective Forests;

c) Community Residents;

d) Other entities as prescribed in Clauses 2, 3, and 4 of Article 8 of the Forestry Law.

2. Level of Funding:

a) The entities specified in Points a and b of Clause 1 of this Article shall be allocated forest protection funds at an average rate of VND 150,000 per hectare per year based on the total area of special purpose forests assigned, in addition to regular operational funding for management board activities.

b) The entities specified in Points c and d of Clause 1 of this Article shall be allocated forest protection funds at an average rate of VND 500,000 per hectare per year based on the total area of forests assigned.

c) Forest protection funds for communes in Zones II and III shall be 1.2 times the average level, while coastal areas shall be 1.5 times the average level as stipulated in Points a and b of this Clause.

d) The initial documentation cost for forest protection for the entity specified in Point c of Clause 1 of this Article is VND 50,000 per hectare; management, inspection, and acceptance costs for forest protection shall be 7% of the total annual forest protection expenditure.

3. Expenditure items:

a) The entity specified in Point a of Clause 1 of this Article shall implement the following contents:

Contracting forest protection responsibilities to households, individuals, and community residents in accordance with Article 19 of this Decree;

Paying wages to dedicated forest protection forces who do not receive state budget salaries; hiring labor for forest protection;

Purchasing and repairing equipment and tools for forest protection, including protective gear for forest protection forces;

Supporting forces participating in anti-illegal logging patrols, inspections, and supervision of forest protection activities; providing specialized training for dedicated forest protection forces; organizing agreements and commitments for forest protection and fire prevention; supporting community education on forest protection awareness; promoting legal education within the community;

Funding plans for forest fire prevention and extinguishing; fire extinguishing drills; out-of-hours fire prevention and extinguishing duty during dry months; and funding meetings serving forest protection activities;

Supporting travel expenses, guidance, inspection, supervision, and meetings with community residents to implement activities as stipulated in Article 8 of this Decree;

Implementing other forest protection activities as prescribed by forestry laws.

b) The entity specified in Point b of Clause 1 of this Article shall implement forest protection contracting responsibilities to households, individuals, and community residents in accordance with Article 19 of this Decree and fund the following activities:

Hiring labor for forest protection; paying wages to dedicated forest protection forces who do not receive state budget salaries;

Purchasing and repairing equipment and tools for forest protection, including protective gear for forest protection forces;

Supporting forces participating in anti-illegal logging patrols, inspections, and supervision of forest protection activities; providing specialized training for dedicated forest protection forces; organizing agreements and commitments for forest protection and fire prevention; supporting community education on forest protection awareness; promoting legal education within the community;

Funding plans for forest fire prevention and extinguishing; fire extinguishing drills; out-of-hours fire prevention and extinguishing duty during dry months; and funding meetings serving forest protection activities;

Implementing other forest protection activities as prescribed by forestry laws.

c) For the object prescribed in Point c of Clause 1 of this Article, the forest owner shall decide on forest protection activities according to forestry laws.

d) The entity specified in Point d of Clause 1 of this Article: For state-owned enterprises, implementing forest protection contracting responsibilities to households, individuals, and community residents in accordance with Article 19 of this Decree and other forest protection activities decided by the forest owner in accordance with forestry laws. For other organizations, implementing forest management and protection activities according to sustainable forest management plans and decided by the forest owner in accordance with forestry laws.

e) Based on the annual state budget allocation, the entities specified in Clause 1 of this Article shall prioritize funding for forest protection in areas with high risk of forest resource damage; high biodiversity value forests that need protection.

4. Procedure for implementation:

a) The entities specified in Points a and b of Clause 1 of this Article shall implement as follows:

Based on the annual forest management and protection budget allocated, the Minister of Agriculture and Rural Development decides on specific funding allocations for each subordinate forest management board under the Ministry; the Chairman of the Provincial People's Committee decides on specific funding allocations for each local forest management board;

Based on the approved budget estimate, the forest management board prepares the documentation and approves the design and budget estimate for the expenditures specified in Clause 3 of this Article in accordance with Articles 28, 30, and 32 of this Decree.

b) The entity specified in Point c of Clause 1 of this Article shall implement as follows:

Method of funding allocation: based on the assigned forest area and the results of forest protection between the community forest owner and the Commune People's Committee. Implementation period is annually, or over a three-year plan, or five-year plan;

Annually, the Commune People's Committee, together with the Forest Rangers working in the area, are responsible for inspecting and evaluating the implementation of forest protection by the community;

In case the recipient of forest protection funds causes forest loss or destruction or fails to comply with the approved plan, a record shall be made identifying the lost or degraded forest area, specifying the cause, and handling it according to current laws;

The annual inspection results serve as the basis for payment and settlement of funds.

c) The entity specified in Point d of Clause 1 of this Article: For enterprises, implementing in accordance with Government Decree No. 32/2019/NĐ-CP dated April 10, 2019, which stipulates the assignment of tasks, placing orders, or bidding for the provision of public goods and services using state budget funds from regular expenditure budgets. For other organizations, being funded by the state through the approved budget estimates by authorized bodies.

Article 6. Allocation of funds for natural regeneration enclosure and supplementary planting within the special-use forest planning

1. Object: forest owners who are organizations or community residents implementing natural regeneration enclosure and supplementary planting.

2. Content and level of funding:

a) Natural regeneration enclosure: average funding level of 1,000,000 VND/ha/year for a period of 6 years. For coastal areas, the funding level is 1.5 times the average;

b) Natural regeneration enclosure with supplementary planting: average funding level of 2,000,000 VND/ha/year for the first three years and 1,000,000 VND/ha/year for the subsequent three years;

c) Initial documentation preparation costs for natural regeneration enclosure are 50,000 VND/ha; design and budget preparation costs for natural regeneration enclosure with supplementary planting are determined based on approved budgets; management, inspection, and acceptance costs for natural regeneration enclosure and natural regeneration enclosure with supplementary planting are 7% of the total annual funding allocated for these activities.

3. Approval of designs and budgets for natural regeneration enclosure and natural regeneration enclosure with supplementary planting of special-use forests shall be carried out in accordance with Article 32 of this Decree.

Article 7. Investment in afforestation, nurturing natural forests, and enriching special-use forests

1. Object: forest owners who are organizations or community residents implementing afforestation, nurturing natural forests, and enriching special-use forests.

2. Level of investment: according to economic and technical norms, design, and approved project budgets by competent state authorities.

3. Procedures for preparing, reviewing, and approving designs and budgets for afforestation, nurturing natural forests, and enriching special-use forests shall be carried out in accordance with Articles 29, 30, and 31 of this Decree.

Article 8. Financial support for developing livelihoods and improving living standards of people in buffer zones of special-use forests

1. Object and level of support: communities residing in the buffer zones of special-use forests are supported at an average rate of 50,000,000 VND/community/year.

2. Content of support:

Based on the available financial support, communities determine the content of support in the following priority order:

a) Agricultural and forestry extension activities, crop and livestock breeding; small-scale agricultural and forestry product processing equipment;

b) Building materials for communal facilities such as clean water systems, street lighting, communication infrastructure, village roads, cultural houses, and other public works.

3. Conditions for receiving support:

a) Communities must have a good record of forest protection, without serious violations occurring in forest protection work;

b) Have plans and budgets that have been approved; commit to forest protection with the special-use forest management board;

c) The content of support does not overlap with projects funded or supported from the state budget that have been approved by competent authorities.

4. Implementation procedures:

a) Preparation and approval of support plans and budgets:

Annually, the Village Chief organizes meetings with community members regarding proposed content, plans, and budget proposals for support, and records the consensus in Meeting Minutes according to Model 01 and prepares the support plan and budget according to Model 02 attached to this Decree, to be submitted to the People's Committee of the commune and the special-use forest management board;

The special-use forest management board, in collaboration with the People's Committee of the commune, convenes meetings with communities requesting support and jointly approves the support plans and budgets of the communities.

b) Implementation of support:

Communities organize the implementation of the approved support plans and budgets themselves. For contents that communities cannot implement independently, they may request assistance from the People's Committee of the commune or the special-use forest management board;

In cases where there is a need to adjust the support plans and budgets, communities may request adjustments from the special-use forest management board and the People's Committee of the commune.

c) Inspection and supervision of implementation:

Communities organize self-supervision of the implementation of support plans and budgets in accordance with laws on grassroots democracy;

After completing the approved support plans or at the end of the year, the special-use forest management board, in collaboration with the People's Committee of the commune, conducts inspections. Inspection results are recorded in the inspection minutes. Participants in the inspection include representatives from the special-use forest management board, the People's Committee of the commune, and community representatives. The inspection content includes:

For agricultural and forestry extension activities: inspection according to the support plan and budget;

For seedling and livestock breeding support, and small-scale agricultural and forestry product processing equipment: inspection according to the support plan and budget, and invoices or receipts (in case of no invoice), and lists of household or individual signatures (if applicable);

For construction material support for communal village facilities: inspection of the quantity and volume of materials provided according to the support plan and budget. For joint support projects, the project management board signs off on the materials.

Section 2

POLICIES FOR PROTECTIVE FORESTS

Article 9. Allocation of Forest Protection Funding for Protective Forests

1. Objectives:

a) Management Board of Protective Forests;

b) Management Board of Specialized Forests;

c) State-owned Enterprises;

d) Households, Individuals, Community Residents;

đ) People's Committee of Communes currently managing forest areas that have not been allocated or leased;

e) Other entities as prescribed in Clause 3 and Clause 4, Article 8 of the Forestry Law.

2. Level of Funding:

a) The entity specified in Point a, Clause 1 of this Article shall be provided with forest protection funding at an average rate of VND 500,000 per hectare per year based on the total area of protective forests assigned, in addition to regular operational funding for management board activities.

b) The entity specified in Point b, Clause 1 of this Article shall be provided with forest protection funding as prescribed in Point a, Clause 2 of Article 5 of this Decree.

c) The entities specified in Points c, d, and e, Clause 1 of this Article shall be provided with forest protection funding as prescribed in Point b, Clause 2 of Article 5 of this Decree.

d) The entity specified in Point đ, Clause 1 of this Article shall be provided with forest management and protection funding at an average rate of VND 150,000 per hectare per year based on the total assigned forest area.

đ) Forest protection funding for communes in Zones II and III shall be 1.2 times the average rate, and coastal areas shall be 1.5 times the average rate as prescribed in Points a, b, c, and d of this Clause.

e) The initial cost for preparing forest protection records for the entity specified in Point d, Clause 1 of this Article shall be VND 50,000 per hectare; forest management and inspection costs shall be 7% of the total annual forest protection funding.

3. Expenditure items:

a) The entity specified in Point a, Clause 1 of this Article shall implement the contents as prescribed in Point b, Clause 3 of Article 5 of this Decree.

b) The entity specified in Point b, Clause 1 of this Article shall implement the contents as prescribed in Point a, Clause 3 of Article 5 of this Decree.

c) The entity specified in Point c, Clause 1 of this Article shall implement forest protection contracts for households, individuals, and community residents in the locality as prescribed in Article 19 of this Decree and other forest protection activities decided by the forest owner in accordance with forestry laws.

d) The entity specified in Point d, Clause 1 of this Article shall implement activities as prescribed in Point c, Clause 3 of Article 5 of this Decree.

đ) The entity specified in Point đ, Clause 1 of this Article shall implement the following activities:

Maintaining the regular operation of mass forest protection teams; promoting and educating the law on forest protection;

Labor contracts for forest protection and firefighting, and other activities within forest management and protection work; organizing activities to prevent illegal logging;

Costs for developing forest fire prevention and firefighting plans, and firefighting drills;

Costs for forest management, inspection, and supervision; costs for preparing and receiving applications for forest allocation, leasing, and land allocation, leasing for forestry purposes for organizations, households, individuals, and community residents within their authority.

e) The entity specified in Point e, Clause 1 of this Article shall manage and protect forests according to sustainable forest management plans and decisions made by the forest owner in accordance with forestry laws.

g) Based on the annual state budget allocation, the entities specified in Clause 1 of this Article shall prioritize implementing forest protection funding for areas with high risk of forest resource damage and weak forests requiring protection.

4. Procedure for implementation:

a) The entities specified in Points a and b, Clause 1 of this Article shall implement as prescribed in Point a, Clause 4 of Article 5 of this Decree.

b) The entities specified in Points c and e, Clause 1 of this Article shall implement as prescribed in Point c, Clause 4 of Article 5 of this Decree.

c) The entity specified in Point d, Clause 1 of this Article shall implement as prescribed in Point b, Clause 4 of Article 5 of this Decree.

d) The entity specified in Point đ, Clause 1 of this Article shall implement as follows:

Before May 30 each year, the People's Committee of Communes shall develop a plan and budget estimate for forest protection funding for unassigned or unleased forest areas for the following year and include it in the commune's annual budget estimate, submit it to the competent authority for approval and annual allocation from the state budget funds for regular operations.

Article 10. Funding for natural regeneration enclosure and promotion, and natural regeneration enclosure and promotion with supplementary planting within the protective forest planning

1. Object: Forestry owners are organizations, households, individuals, and community residents implementing natural regeneration enclosure and promotion, and natural regeneration enclosure and promotion with supplementary planting.

2. Content and funding level shall be implemented according to the provisions of Clause 2, Article 6 of this Decree.

3. Approval of design and budget estimate for natural regeneration enclosure and promotion, and natural regeneration enclosure and promotion with supplementary planting of protective forests shall be carried out according to the provisions of Article 32 of this Decree.

Article 11. Investment in afforestation, nurturing natural forests, and enriching protective forests

1. Object: Forestry owners are organizations, households, individuals, and community residents implementing afforestation, nurturing natural forests, and enriching protective forests.

2. The level of investment in afforestation, nurturing natural forests, and enriching protective forests shall be implemented according to the provisions of Clause 2, Article 7 of this Decree.

3. Procedures and formalities for preparing, reviewing, and approving the design and budget estimate for investment in afforestation, nurturing natural forests, and enriching protective forests shall be carried out according to the provisions of Articles 29, 30, and 31 of this Decree.

Section 3

POLICY FOR PRODUCTION FORESTS

Article 12. Support for funding to protect production forests that are natural forests during the period of forest closure

1. Objectives:

a) Management Board of Special Purpose Forests;

b) Management Board of Protective Forests;

c) State-owned enterprises assigned production forests that are natural forests before January 1, 2019;

d) Households, Individuals, Community Residents;

đ) People's Committee of Communes currently managing forest areas that have not been allocated or leased;

e) Other subjects as prescribed in Clause 2 and Clause 3, Article 8 of the Forest Law.

2. Level of Funding:

a) Subjects prescribed in Points a, b, and đ Clause 1 of this Article shall be provided by the State with an average protection fund of 150,000 VND/ha/year on the total area of production forests that are natural forests assigned.

b) Subjects prescribed in Points c, d, and e Clause 1 of this Article shall be provided by the State with an average protection fund of 500,000 VND/ha/year on the total area of production forests that are natural forests assigned.

c) The protection fund for villages in Zone II, III is 1.2 times the average level, and for coastal areas, it is 1.5 times the average level prescribed in Points a and b of this Article.

d) The cost of preparing the initial documentation for forest protection for the subject prescribed in Point d Clause 1 of this Article is 50,000 VND/ha; the management, inspection, and acceptance fund for forest protection is 7% of the total annual protection fund.

3. Expenditure items:

a) The subject prescribed in Point a Clause 1 of this Article shall implement the contents as prescribed in Point a Clause 3, Article 5 of this Decree.

b) The subject prescribed in Point b Clause 1 of this Article shall implement the contents as prescribed in Point b Clause 3, Article 5 of this Decree.

c) The subject prescribed in Points c and e Clause 1 of this Article shall implement the contents as prescribed in Point d Clause 3, Article 5 of this Decree.

d) The subject prescribed in Point d Clause 1 of this Article shall implement the contents as prescribed in Point c Clause 3, Article 5 of this Decree.

đ) The subject prescribed in Point đ Clause 1 of this Article shall implement the contents as prescribed in Point đ Clause 3, Article 9 of this Decree.

e) Based on the state budget allocated annually, the subjects prescribed in Clause 1 of this Article shall prioritize implementing the protection fund for areas at high risk of forest resource damage.

4. Procedure for implementation:

a) The entities specified in Points a and b, Clause 1 of this Article shall implement as prescribed in Point a, Clause 4 of Article 5 of this Decree.

b) The entities specified in Points c and e, Clause 1 of this Article shall implement as prescribed in Point c, Clause 4 of Article 5 of this Decree.

c) The entity specified in Point d, Clause 1 of this Article shall implement as prescribed in Point b, Clause 4 of Article 5 of this Decree.

d) The subject prescribed in Point đ Clause 1 of this Article shall implement according to the provisions of Point d Clause 4, Article 9 of this Decree.

Article 13. Support for natural regeneration with supplementary planting in production forests that are natural forests

1. Object: forest owners who are organizations, households of ethnic Vietnamese classified as poor households, households of ethnic minority groups, individuals, and communities residing stably in border communes, island areas, ethnic minority and mountainous regions as prescribed by the Prime Minister, implementing natural regeneration with supplementary planting within the planning of production forests that are natural forests.

2. Average support level is 8,000,000 VND/ha. The costs for preparing design and budget estimates for natural regeneration with supplementary planting shall be determined based on approved budgets; management, inspection, and acceptance fees for natural regeneration with supplementary planting are 7% of the total annual funding for natural regeneration with supplementary planting.

3. Approval of designs and budget estimates for natural regeneration with supplementary planting shall be carried out according to the provisions of Article 32 of this Decree.

Article 14. Investment support for planting production forests and developing non-timber forest products

1. Object: forest owners who are households of ethnic Vietnamese classified as poor households, households of ethnic minority groups, and communities residing stably in border communes, island areas, ethnic minority and mountainous regions as prescribed by the Prime Minister, implementing planting of production forests and non-timber forest products on assigned or leased land areas within the planning of production forest lands.

2. Level of support:

a) Provide a one-time average support of 15,000,000 VND/ha/cycle for purchasing seedlings, materials, and fertilizers for planting timber trees and non-timber forest products according to the business cycle of the planted species.

b) Provide support for forestry extension work: 500,000 VND/ha/4 years (1 year for planting and 3 years for care).

c) Provide a one-time support for surveying, designing, and management, inspection, and acceptance costs according to the approved budget estimate.

3. Conditions for receiving support:

a) Possess land for planting production forests that have been officially assigned land, leased land, or granted land use certificates, or have been using land stably in accordance with laws on land, without disputes; no investment support will be provided for areas already invested in by the state or funded by state investment credit; no repeated support in a program or project.

b) Seedlings for planting forests by forest owners must have complete documentation as prescribed by the Government regarding the management of forestry tree seeds.

4. Method of support: investment support or post-investment support according to projects approved by competent authorities.

The provincial People's Committee assigns specialized agencies in the forestry sector or the district People's Committee to establish and act as the main investors for projects supporting investment in planting production forests and developing non-timber forest products in their respective areas, to be submitted to the provincial People's Committee for approval.

Article 15. Credit investment support for large timber tree planting

1. Object: forest owners who are enterprises, households, or individuals planting large timber trees on assigned or leased forest land.

2. For forest owners who are households or individuals

Local budgets will provide interest rate subsidies for commercial loans as follows:

a) Level of support: equal to the difference between the commercial loan interest rate and the state investment credit interest rate, calculated based on the actual outstanding loan balance at the time of considering the subsidy.

b) Duration of interest rate support: from the date of disbursement according to the investment credit agreement with a commercial bank, up to a maximum of 12 years.

c) Amount of loan eligible for interest rate support: not exceeding 70% of the total loan amount at a commercial bank.

d) Conditions for receiving support:

Possess land for planting production forests that have been officially assigned land, leased land, or granted land use certificates, or have been using land stably in accordance with laws on land, without disputes.

Not yet received interest rate subsidies from the state budget or other policies.

đ) Procedures and formalities for interest rate support:

Forest owners directly submit, through postal services, or via the internet one set of documents to the district People's Committee. The documents include: a request for interest rate subsidy for bank loan capital according to Model No. 03 attached as an appendix to this Decree; a planting and first-year care design according to Model No. 04 attached as an appendix to this Decree; a copy of the signed credit agreement between the forest owner and the commercial bank.

If the documents are not valid, the district People's Committee has the responsibility to respond in writing to the forest owner within two working days from the date of receipt of the documents.

Within twenty days from the date of receipt of valid documents, the district People's Committee, in collaboration with relevant agencies, will organize verification of the application documents for interest rate support and prepare a verification report on the conditions for interest rate support according to Model No. 05 attached as an appendix to this Decree, to be submitted to the provincial People's Committee for decision. In case of rejection, the provincial People's Committee will issue a written response stating the reasons.

e) The provincial People's Council decides on specific levels of interest rate subsidy differences suitable to the local economic and social conditions.

g) The preparation of budget estimates and settlement of interest rate support payments shall be carried out in accordance with the State Budget Law and related laws.

3. For forest owners who are enterprises

They will benefit from investment support policies; procedures and formalities for investment support shall be implemented according to the Government's policies encouraging enterprises to invest in agriculture and rural areas and regulations on credit policies serving agricultural and rural development.

Article 16. Financial Support for Developing Sustainable Forest Management Plans and Issuing Sustainable Forest Management Certificates

1. Recipients: forest owners with plantation forests, except those who are foreign-invested enterprises.

2. Level and form of support:

a) Level of support: a one-time financial support for developing sustainable forest management plans and issuing sustainable forest management certificates, up to a maximum of VND 400,000 per hectare.

b) Form of support: post-investment support.

3. Conditions for receiving support:

a) Having a sustainable forest management plan and certificate issuance project approved by the provincial People's Committee;

b) Possessing an area of plantation forests certified for sustainable forest management.

4. Procedures for support:

a) The Department of Agriculture and Rural Development shall develop a sustainable forest management plan and certificate issuance project within the province, clearly defining the scale, location, area, list of forest owners, and sources of financial support, and submit it to the provincial People's Committee for approval;

b) Annually, the provincial People's Committee allocates a budget for financial support for developing sustainable forest management plans and issuing certificates according to the approved project under point a of this clause to the Department of Agriculture and Rural Development to provide financial support to organizational forest owners, and allocate a budget for developing sustainable forest management plans and issuing certificates to the district People's Committees to provide financial support to individual, household, and community forest owners through the commune People's Committees;

c) For organizational forest owners: after obtaining the area of forest certified for sustainable forest management, submit a request for financial support for developing sustainable forest management plans and issuing certificates according to Model 06 attached to this Decree to the Department of Agriculture and Rural Development;

The Department of Agriculture and Rural Development shall examine the application and provide financial support to the forest owner, and settle accounts according to the State Budget Law. In case financial support is not provided to the forest owner, the Department of Agriculture and Rural Development shall issue a written response stating the reasons.

d) For individual, household, and community forest owners forming a group and appointing a representative: after the forest is certified for sustainable forest management, the group representative shall submit a request for financial support for developing sustainable forest management plans and issuing certificates according to Model 07 attached to this Decree to the commune People's Committee;

The commune People's Committee, based on the annual budget allocated by the district People's Committee, shall examine the application and provide financial support to the group representative, and settle accounts according to the State Budget Law. In case financial support is not provided to the group representative, the commune People's Committee shall issue a written response stating the reasons.

Article 17. Investment Support for Building Forest Roads and Firebreaks in Production Forest Areas

1. Construction of forest roads

a) Recipients and conditions for support: areas with concentrated production forest plantations of 500 hectares or more;

b) Maximum level of investment support for constructing forest roads: VND 450,000,000 per kilometer;

c) Procedures for investment support for constructing forest roads as stipulated in Clause 5, Article 27 of this Decree.

2. Construction of firebreaks

a) Recipients and conditions for support: firebreaks in concentrated production forest areas of 500 hectares or more;

b) Maximum level of investment support for constructing firebreaks: VND 100,000,000 per kilometer;

c) Procedures for investment support for constructing firebreaks as stipulated in Clause 5, Article 27 of this Decree.

Article 18. Support for investment in developing cooperative and linked forest plantation production tied to processing and consumption of forest products

1. Applicability subjects: forest owners cooperatively linking with enterprises processing and trading in forest products.

2. Conditions for receiving support:

The parties participating in the linkage must meet the following conditions:

a) The parties involved in cooperation and linkage must have contracts or projects for linked forest plantation production tied to processing and consumption of forest products as stipulated in Articles 4, 5, and 6 of Decree No. 98/2018/NĐ-CP dated July 5, 2018 of the Government on policies encouraging development, cooperation, and linkage in production and consumption of agricultural products;

b) The linked project for forest plantation production tied to processing and consumption of forest products must be consistent with the socio-economic development plan of the locality;

c) The minimum duration of the linkage must be seven years.

3. Content, level of support, and procedures for investment support shall be implemented according to the provisions of Articles 7, 8, 9, and 12 of Decree No. 98/2018/NĐ-CP.

Section 4

GENERAL POLICIES

ON FOREST PROTECTION, DEVELOPMENT AND FOREST PRODUCT PROCESSING

Article 19. Forest protection assignment

1. Priority subjects for implementing forest protection assignment as stipulated in point a, point b Clause 1 Article 5, points a, b and c Clause 1 Article 9, points a, b and c Clause 1 Article 12 include: areas of forests adjacent to residential zones for households of ethnic minorities, households of the Kinh ethnic group classified as poor households in communes in regions II and III, households, individuals, and community residents in localities; areas of forests adjacent to zones with high risk of forest resource damage.

2. Conditions and limits for forest protection assignment shall be implemented according to the provisions of Article 4, Clause 2 Article 6 of Decree No. 168/2016/NĐ-CP dated December 27, 2016 of the Government on forest assignment, garden plots, and water surface areas under special-use forest management boards, protective forests, and state-owned joint stock companies in agriculture and forestry.

3. Level of funding for forest protection assignment:

a) The level of funding for special-use forest, protective forest, and natural production forest assignment from the state budget averages 500,000 VND/hectare/year. For areas of forests in regions II and III, it is 1.2 times the average level, and for coastal areas, it is 1.5 times the average level.

b) Costs for preparing initial documentation for forest protection assignment are 50,000 VND/hectare; management, inspection, and acceptance costs for forest protection are 7% of the total annual funding for forest protection.

4. Sources of funding for forest protection assignment are derived from the state funds allocated to forest owners as stipulated in Clause 2 Article 5; Clause 2 Article 9 and Clause 2 Article 12 of this Decree and other legitimate sources of funding.

5. The method of forest protection assignment is carried out through annual forest protection assignment contracts. Annually, the assigning party has the responsibility to inspect and evaluate the results of the contract implementation for the assigned party according to the regulations of the Ministry of Agriculture and Rural Development.

Article 20. Firefighting forest funding

1. Objectives:

a) Forest owners as stipulated in Article 8 of the Forestry Law;

b) People's Committees of communes managing forest areas that have not been transferred or leased;

c) Forest Protection agencies at all levels, organizations, individuals, and forces participating in firefighting operations.

- Expenditure on enrollment, opening, closing ceremonies, and issuing vocational certificates.

a) Funding for meals for firefighting forces and participants (including those who receive salaries and those who do not receive salaries from the state budget) according to mobilization orders is capped at 0.4 days of the regional minimum wage per meal;

b) Individuals directly mobilized and dispatched to participate in firefighting operations and firefighting support services according to mobilization orders are entitled to benefits and policies as stipulated in Article 34 of Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing certain provisions and measures to implement the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating. The firefighting time is calculated from when participants receive mobilization orders until the fire is extinguished and officially declared ended by the authorized mobilizer;

When firefighting operations are conducted far from residential areas without daily return conditions, they are provided with accommodation, rest facilities, transportation support, or reimbursement for travel expenses according to the regulations of the Ministry of Finance; they are also provided with meal allowances according to the provincial People's Committee regulations.

c) Funding for purchasing drinking water for firefighting participants, fuel (gasoline, diesel), repair, and compensation for damages to equipment and vehicles mobilized or rented for firefighting operations. For equipment and devices owned by non-forest owners (except for forest owners) mobilized to participate in firefighting operations, fuel costs, repairs, or compensation for damages (if damaged) are reimbursed according to current regulations.

3. Sources of funds:

a) Funding for items specified in points a, b, and c Clause 2 of this Article is sourced from the state budget reserve according to the State Budget Law, Law on Natural Disaster Prevention and Response, and other legitimate financial resources within their authority;

b) Based on firefighting activities and policies, provincial People's Committees, district People's Committees, and commune People's Committees decide to allocate funds from local budgets and other legitimate financial resources to address firefighting funding needs outside the approved annual budget;

c) Based on firefighting activities and policies, ministries and sectors decide to allocate funds from ministry budgets and other legitimate financial resources to address firefighting funding needs for forests managed by ministries and sectors and for units mobilized to participate in firefighting operations outside the approved annual budget.

4. The competent authority responsible for mobilizing firefighting forces is responsible for reimbursing costs from the state budget for mobilized firefighting forces. Forest owners are responsible for reimbursing costs from their unit's funds for forces mobilized by the forest owner.

Article 21. Rice Subsidies for Forest Protection and Development

1. Recipients and Content of Subsidies: Poor households, ethnic minority households in Communes in Zones II and III who implement forest protection, encirclement and promotion of natural regeneration with additional planting, protective forest planting, production forest planting, development of non-timber forest products, planting forests to change shifting cultivation practices, implementing replanting instead of swidden fields, and other recipients as decided by the Prime Minister.

2. Level of Subsidy: 15 kilograms of rice per person per month during the period when they are not self-sufficient in food. The Chairman of the Provincial People's Committee decides on the recipients, level, and specific form of subsidy based on the actual area and number of persons in the locality, but not exceeding 7 years, ensuring the following principles:

a) The level of rice subsidy for households implementing replanting instead of swidden fields in a year is based on the actual area of planted forest and the period of time not being self-sufficient in food, not exceeding 6 months but not more than 450 kilograms per year;

b) The level of rice subsidy for households implementing forest protection and development in a year is based on the actual area of protected and developed forest and the period of time not being self-sufficient in food, not exceeding 4 months but not more than 300 kilograms per year;

c) Households implementing all activities of replanting instead of swidden fields and forest protection and development shall enjoy subsidies at the higher activity level;

d) The specific calculation method for the level of rice subsidy is detailed in Model No. 08 in the Appendix to this Decree.

3. Conditions for Receiving Rice Subsidies:

Recipients as stipulated in Clause 1 of this Article must meet one of the following conditions to receive rice subsidies for forest protection and development:

a) Having a certificate of land use rights or a decision on land allocation or lease from the competent authority, or having been using land stably according to the laws on land, without disputes; implementing forest protection as prescribed in Articles 5, 9, and 12; encircling and promoting natural regeneration with additional planting as prescribed in Articles 6, 10, and 13; planting protective forests as prescribed in Article 11 and planting production forests and developing non-timber forest products as prescribed in Article 14 of this Decree, and annually receiving verification results from the competent authority;

b) Having a contract for forest protection as prescribed in Clause 5 of Article 19; implementing forest protection under the provisions of Article 19 of this Decree, and annually receiving verification results from the competent authority.

4. The type of rice subsidy shall comply with the current national technical standards for national rice reserves.

5. Implementation of Rice Subsidies from Program and Project Funds:

a) The Provincial People's Committee assigns tasks to project investors or subordinate organizations to build projects on rice subsidies for forest protection, encirclement and promotion of natural regeneration with additional planting, protective forest planting, production forest planting, and development of non-timber forest products, replanting instead of swidden fields; organizing the distribution of rice to each household in the project area periodically in their village. Based on local conditions, the Chairman of the Provincial People's Committee decides the frequency of subsidies, but not more than once every three months;

b) Based on approved rice subsidy projects, project investors or organizations assigned to provide rice subsidies prepare lists of participating households and the amount of rice subsidies for each household according to Model No. 09 and Model No. 10 in the Appendix to this Decree;

c) Rice subsidies are implemented when households begin implementing forest protection, encirclement and promotion of natural regeneration with additional planting, protective forest planting, production forest planting, and development of non-timber forest products, replanting instead of swidden fields, and completing the required documentation according to Model No. 11 and Model No. 12 in the Appendix to this Decree.

6. Implementation of Rice Subsidies from National Reserves:

a) The Provincial People's Committee compiles lists, quantities of rice support, and support periods, reports to the Ministry of Agriculture and Rural Development, the State Ethnic Affairs Commission, and the Ministry of Finance; based on local proposals and the opinions of the Ministry of Finance and the State Ethnic Affairs Commission, the Ministry of Agriculture and Rural Development takes the lead in reporting to the Prime Minister for consideration and decision on rice support for localities;

b) Based on the Prime Minister's decision, the Ministry of Finance instructs the National Reserve Administration to allocate national reserve rice to support localities in accordance with regulations. Project investors or organizations assigned to provide rice subsidies organize the distribution of rice to households in accordance with Clause 5 of this Article.

Article 22. Support for investment in forestry seed production facilities

1. Recipients of support: organizations, households, and individuals investing in the production of forestry tree seeds.

2. Content of support:

a) Construction of seed forests, seed gardens, and first-generation forestry tree gardens;

b) Construction of high-quality forest seed production centers;

c) Construction of seedling nurseries.

3. Level of support:

a) Support at 50% of the total investment amount for a project or construction work specified in Clause 2 of this Article, but not exceeding the levels set out in Points b, c, and d of this Clause;

b) A maximum of 55,000,000 VND per hectare for newly established seed forests with an area of 2.0 hectares or more, and newly established seed gardens with an area of 1.0 hectare or more; a maximum of 25,000,000 VND per hectare for converted seed forests with an area of 1.0 hectare or more, and first-generation forestry tree gardens with an area of 500 square meters or more;² /second or more;

c) A maximum of 5,000,000,000 VND for a project or construction work to establish a high-quality forest seed production center with a minimum production scale of one million trees per year;

d) A maximum of 300,000,000 VND for a new project or construction work to establish a forestry tree seedling nursery using tissue culture methods with a minimum land area for the nursery of 0.5 hectares.

4. Conditions for support: having a separate investment project or being included in forest protection and development projects approved by competent state authorities.

5. Procedures for preparing, reviewing, deciding on the design and budget estimate of the project supporting the production of forestry tree seeds shall be carried out in accordance with Clause 5 of Article 27 of this Decree.

Article 23. Support for scattered tree planting

1. Recipients: organizations, households, individuals, and community groups participating in scattered tree planting.

2. Level of support: an average of 15,000,000 VND per hectare for scattered tree planting (equivalent to 1,000 trees per hectare) to support the purchase of seedlings, fertilizers, and part of the labor costs for planting and caring for the trees; organizing management, inspection, and supervision activities for scattered tree planting.

3. Forms of support and standards for seedlings shall be implemented according to the scattered tree planting plan approved by competent state authorities.

4. Conditions for support: organizations, households, individuals, and community groups must have land and a need for scattered tree planting.

5. Support procedures:

The Department of Agriculture and Rural Development shall review and compile the demand for scattered tree planting support from the recipients specified in Clause 1 of this Article, meeting the support conditions stipulated in Clause 4 of this Article within the province, develop a scattered tree planting plan along with a budget estimate for scattered tree planting support, submit it to the provincial People's Committee for approval; organize the implementation of the plan, inspect and accept the results, compile and report the outcomes to the provincial People's Committee and the Ministry of Agriculture and Rural Development in accordance with regulations.

Article 24. Support for investment in High-Tech Forestry Zones

Small and medium-sized enterprises investing in construction, production, business, and services in High-Tech Forestry Zones shall enjoy support in technology, information, consulting, human resource development, support for innovative startups, participation in industry clusters and value chains, and the procedures and formalities for enjoying such support shall be carried out in accordance with the provisions of Government Decree No. 80/2021/NĐ-CP dated August 26, 2021 detailing and guiding the implementation of certain articles of the Law on Support for Small and Medium-Sized Enterprises.

Article 25. Other specialized activities

1. The State shall have policies to invest in other specialized activities, including:

a) Monitoring and supervising changes in forest resources and biodiversity; surveying and inventorying forests; inspecting, monitoring, supervising, and evaluating the implementation results of forestry strategies, programs, and projects;

b) Managing information on forestry and forest database;

c) Collecting forest plant and animal specimens;

d) Scientific research, training, human resource development, and promoting forestry;

đ) Developing and implementing sustainable forest management plans for special-use forests, protective forests, and naturally productive forests;

e) Allocating forests, determining boundaries, and marking forest boundary markers;

g) Maintaining and developing national forest seed orchards and botanical gardens;

h) Conducting basic surveys on forestry;

i) Protecting and rescuing endangered, valuable, and rare forest plants and animals;

k) Constructing, maintaining, repairing, upgrading, and transforming infrastructure to serve the protection and development of special-use forests and protective forests in accordance with Clause 6, Article 87 of Decree No. 156/2018/NĐ-CP dated November 16, 2018 of the Government detailing certain provisions of the Forestry Law;

l) Purchasing, repairing equipment, tools, and devices for forest protection; fire prevention and firefighting; monitoring and warning of forest fire risks; preventing and controlling pests harmful to forests;

m) Investigating, collecting, and evaluating forest tree genetic resources; establishing gene banks and data on forest tree genetic resources; researching, selecting, creating, and testing forest tree varieties;

n) National forestry planning;

2. The implementation of the activities specified in Clause 1 of this Article shall be carried out according to approved projects and plans, prioritized in accordance with the financial capacity of the sector and localities;

3. Procedures for activities using development investment funds and public service expenditure funds shall be implemented in accordance with Clause 5, Article 27 of this Decree;

Chapter III
MECHANISMS AND FUNDS

Article 26. Sources of Funds

1. Central budget:

a) Allocation within the annual state budget estimates of ministries, agencies at the level of ministries, government agencies, and other central agencies related to the implementation of activities as prescribed in this Decree;

b) Budget balancing and targeted budget supplementation annually for localities that cannot balance their budgets and other localities in accordance with the law to implement activities as prescribed in this Decree;

c) Development investment funds from the central budget allocated in detail by sector and field, coordinated by central ministries and localities within the medium-term and annual public investment plans assigned;

2. Local budget:

a) For localities that can balance their budgets, except those specified by law, all funds for implementing activities as prescribed in this Decree shall be allocated from the local budget;

b) For localities that cannot balance their budgets and other localities specified by law, funds for implementing activities as prescribed in this Decree shall be allocated from the local budget, combined with central budget support and other resources to effectively implement activities as prescribed in this Decree;

3. Other sources of funds: forest environmental services, ODA, and other lawful sources to implement activities for forest protection and development as prescribed in this Decree.

Article 27. Investment Mechanism and Investment Support

1. State budget capital for investment and support for activities ensuring compliance with laws on state budget and public investment shall include:

a) Priority activities using development investment capital include: afforestation, nurturing natural forests, enriching special-use forests as prescribed in Article 7; afforestation, nurturing natural forests, enriching protective forests as prescribed in Article 11; production forest plantation and non-timber forest product development as prescribed in Article 14; construction of forestry roads and firebreaks in production forest areas as prescribed in Article 17; investment in forestry seedling production facilities as prescribed in Article 22; high-tech forestry zones as prescribed in Article 24; other specialized activities as prescribed in Article 25 of this Decree;

b) Priority activities using recurrent expenditure capital include: protection of special-use forests as prescribed in Article 5; livelihood development and improvement of living conditions for people in buffer zones of special-use forests as prescribed in Article 8; protection of protective forests as prescribed in Article 9; protection of naturally occurring production forests during closure periods as prescribed in Article 12; nurturing to promote natural regeneration, nurturing to promote natural regeneration with supplementary planting as prescribed in Articles 6, 10, and 13; credit support for large timber tree planting as prescribed in Article 15; formulation and issuance of sustainable forest management certificates as prescribed in Article 16; forest fire suppression as prescribed in Article 20; rice subsidies for forest protection and development as prescribed in Article 21; support for scattered tree planting as prescribed in Article 23; other specialized activities as prescribed in Article 25 of this Decree.

2. Financial resources from payments for forest environmental services shall be implemented according to the provisions of Government Decree No. 156/2018/NĐ-CP dated November 16, 2018 detailing certain provisions of the Forestry Law; these funds can be used for forest protection and contractual forest protection outside the state budget support funds at the levels specified in this Decree.

3. The People's Councils of provinces shall decide specific investment and support levels based on the investment and support levels and contractual forest protection levels prescribed in Articles 5, 6, 7, 9, 10, 11, 12, 13, 14, 16, 19, 21, 22, and 23, in accordance with local socio-economic conditions.

4. Relevant ministries and sectors shall decide specific investment and support levels for forest owners under their jurisdiction based on the investment and support levels prescribed in Articles 5, 6, 7, 9, 10, 11, 12, 13, 14, 19, and 22.

5. Procedures for establishing, reviewing, deciding on investment policies, approving investment projects for activities prescribed in point a, Clause 1, Article 27 shall comply with laws on investment, public investment, and related laws. For forestry production investments within approved investment projects, procedures for establishing, reviewing, approving design and budget estimates shall be carried out according to Chapter IV of this Decree. For other project components, procedures for establishing, reviewing, and approving design and budget estimates shall comply with laws on public investment and construction. Procedures for preparing budgets, auditing, and finalizing expenditures for activities prescribed in point b, Clause 1, Article 27 shall comply with the State Budget Law and guiding regulations.

6. State budget capital plans allocated to forestry production projects shall follow cycles of forestry technical measures. Payment schedules for afforestation projects from the previous year's plan shall not exceed 30 months after June of the following year.

7. Funds allocated for forest protection and contractual forest protection according to forest protection design documents and contractual forest protection agreements shall be provided and used according to the standards set forth in this Decree, and shall be executed within the fiscal year.

Chapter IV

ESTABLISHMENT, REVIEW, APPROVAL OF DESIGN,

INVESTMENT BUDGET FOR FORESTRY CONSTRUCTION PROJECTS, FOREST PROTECTION

Article 28. Principles for preparing design and budget documents

1. For forest production works that are part of approved investment projects, the investor shall prepare the design and budget for the forest production works and submit them to the competent authority for approval. In cases where only economic and technical reports are required, the preparation of the design and budget for the forest production works shall be carried out concurrently with the preparation of the economic and technical report.

2. For forest production works involving the construction of necessary infrastructure technical facilities to serve the protection and development of forests, the preparation of the design and budget shall be carried out in accordance with the laws on construction.

3. For forest production works not covered under Clause 2 of this Article, the preparation of the design and budget shall be carried out in accordance with Articles 29, 30, 31, and 32 of this Decree.

4. For delineation and promotion of natural regeneration, delineation and promotion of natural regeneration with supplementary planting, and forest protection using state budget funds: the entity using state budget funds shall prepare the design and budget once for multiple years or annually according to the assigned state budget plan.

5. The preparation of design and budget documents shall be conducted by the investor or the entity using state budget funds either independently or by hiring consulting organizations to carry it out.

Article 29. Budget Estimate

1. Budget estimate for forest production works, except as provided in Clause 2 of this Article

a) Construction costs for forest production works:

Direct costs include material costs, labor costs, machinery and equipment operation costs;

Indirect costs include general costs, temporary housing and construction management costs, and costs for certain unspecified work quantities from the design. Indirect costs are determined based on the percentage rate (%) as prescribed by the laws on construction;

Pre-tax income: calculated as a percentage (%) of total direct costs and indirect costs as prescribed by the laws on construction;

Value-added tax shall be implemented in accordance with current regulations.

b) Equipment costs, including: purchasing tools, machines, technological equipment (including equipment requiring production and processing), installation and testing, calibration of equipment, transportation, insurance of equipment, training and technology transfer for forest production works;

c) Management costs: calculated based on the percentage rate (%) of total construction costs and equipment costs or determined through detailed estimates, including: organizational management costs for forest production works from the preparatory stage until completion, acceptance, and commissioning for use;

d) Investment and construction consulting costs: determined based on the percentage rate (%) as prescribed by the laws on construction or determined through detailed estimates based on the scope, volume of work, implementation plans, including: surveying; preparing designs and budgets; supervision, and other related consulting costs;

đ) Contingency costs, other costs.

e) For management costs, investment and construction consulting costs, contingency costs, and other costs, the percentage rate (%) applicable to agricultural and rural development works shall be applied.

2. Budget estimate for delineation and promotion of natural regeneration, delineation and promotion of natural regeneration with supplementary planting, and forest protection

a) Costs for delineation and promotion of natural regeneration with supplementary planting, delineation and promotion of natural regeneration, and forest protection, preparation of documentation, and other costs shall be applied in accordance with the provisions of Clause 2 and Clause 3 of Article 5, Clause 2 of Article 6, Clause 2 and Clause 3 of Article 9, Clause 2 of Article 10, Clause 2 and Clause 3 of Article 12, and Clause 3 of Article 13 of this Decree.

b) For delineation and promotion of natural regeneration with supplementary planting, delineation and promotion of natural regeneration, and forest protection carried out through household, individual, and community contracts: the contracted funding levels for the contracting parties, costs for documentation preparation, and other costs shall be applied in accordance with the provisions of Clause 2 of Article 6, Clause 2 of Article 10, Clause 2 of Article 13, and Clause 3 of Article 19 of this Decree.

Article 30. Documents for Approval of Design and Budget Estimate

1. A request for approval of design and budget estimate according to Model No. 13 in the Appendix accompanying this Decree.

2. A detailed explanation of the design including the budget estimate and the map of the forestry construction project according to Model No. 14 in the Appendix accompanying this Decree.

3. A copy of the decision approving the investment project or the capital plan assigned for activities using state budget funds and other related documents.

Article 31. Review and Approval of Design and Budget Estimate for Forestry Construction Projects Using Public Investment Funds

1. The agency responsible for reviewing the design and budget estimate for forestry construction projects:

a) For projects decided on investment by the Minister of Agriculture and Rural Development: the specialized management agency for forestry assigned to lead the review of the design and budget estimate for forestry construction projects;

b) For projects decided on investment by other central ministries and sectors: the specialized agency under the lead department assigned to lead the review of the design and budget estimate for forestry construction projects;

c) For projects decided on investment by the Chairman of the People's Committee at provincial level: the Department of Agriculture and Rural Development leads the review of the design and budget estimate for forestry construction projects;

d) For forestry construction projects within projects decided on investment by the Chairman of the People's Committee at district or commune level: the functional department at district level or the Forest Protection Agency at district level leads the review of the design and budget estimate for forestry construction projects.

2. Procedure for reviewing the design and budget estimate for forestry construction projects:

a) The investor submits directly or through postal service or via online environment (national public service portal, ministry-level public service portal, provincial-level public service portal) one set of documents as prescribed in Article 30 of this Decree to the leading review agency as stipulated in Clause 1 of this Article;

b) The leading review agency checks the validity of the documents; issues a receipt or does not accept immediately for direct submissions; within two working days for submissions through postal service or online environment;

c) Within fifteen days from the date of receiving valid documents, the leading review agency conducts the review and prepares a report on the review results according to Model No. 15 in the Appendix issued with this Decree; notifies the review results to the investor.

3. The agency responsible for approving the design and budget estimate for forestry construction projects:

The investor approves the design and budget estimate for forestry construction projects after obtaining the review opinion of the specialized agency assigned to conduct the review as stipulated in Clause 1 of this Article. The content of the approval of the design and budget estimate for forestry construction projects is as prescribed in Model No. 16 in the Appendix issued with this Decree.

Article 32. Approval of Design for Encirclement Cultivation to Promote Natural Regeneration with Supplementary Planting, Encirclement Cultivation to Promote Natural Regeneration, and Forest Protection Using State Budget Funds

1. Documents for approval of design and budget estimate as prescribed in Article 30 of this Decree.

2. The entity using state budget funds shall self-review or hire consultants to review the design for encirclement cultivation to promote natural regeneration with supplementary planting, encirclement cultivation to promote natural regeneration, and forest protection.

3. The entity using state budget funds shall approve the design for encirclement cultivation to promote natural regeneration with supplementary planting, encirclement cultivation to promote natural regeneration, and forest protection.

4. The preparation and approval of the budget estimate for encirclement cultivation to promote natural regeneration with supplementary planting, encirclement cultivation to promote natural regeneration, and forest protection shall comply with the provisions of the State Budget Law and other relevant laws.

Article 33. Adjustment of Design and Budget Estimate

1. Adjustment of design and budget estimate in the following cases:

a) When the investment project requires adjustment of the design and budget estimate for forest plantation works;

b) When there is a change in the annual funding allocation for natural regeneration promotion and protection works funded by state budget;

c) During implementation, when it is necessary to adjust the design to ensure quality.

2. The documents for adjusting the design and budget estimate shall be prepared in accordance with Article 30 of this Decree; the review and approval of the adjusted design and budget estimate shall be carried out in accordance with Articles 31 and 32 of this Decree.

3. In cases where only the structure of cost items is adjusted without changing the approved budget value including contingency costs, the investor or the unit using state budget funds shall decide on the adjustment and report to the investment decision-maker or the agency allocating funds about the content of the budget adjustment.

4. The investor or the unit using state budget funds shall determine the adjusted budget estimate as the basis for adjusting the contract value.

Article 34. Risk Management during the Investment Phase

1. Causes of risk:

a) Natural disaster risks as prescribed by laws on disaster prevention and control;

b) Other causes of risk determined by the investor or the unit using the state budget through documentation and reported to the competent authority for consideration and decision.

2. Risk management:

a) The statistics, assessment, and reporting of losses caused by natural disasters shall be conducted in accordance with the provisions of the law;

b) The investor or the unit using state budget funds shall prepare a record of loss assessment, identify the cause, report to the competent authority for consideration and decision on adjusting the investment project or adjusting the allocated capital plan; adjust the design and budget estimate in accordance with Article 33 of this Decree.

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 35. Responsibilities of Ministries and Equivalent Agencies

To take the lead and coordinate with the Ministry of Finance and relevant ministries and sectors to urge, inspect, supervise, and resolve issues arising during the implementation of this Decree.

a) To take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies to guide and inspect localities in implementing this Decree;

b) To issue standards and economic-technical norms for implementing this Decree.

2. Ministry of Planning and Investment

a) To take the lead and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development to balance and allocate development investment capital in accordance with the provisions of this Decree;

b) To coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Finance to guide and inspect organizations and individuals in implementing this Decree.

3. Ministry of Finance

To take the lead in balancing and allocating annual public expenditure funds in accordance with the State Budget Law and related legal documents; to coordinate with the Ministry of Planning and Investment to submit to the competent authority for consideration and decision on medium-term and annual capital plans in compliance with the State Budget Law and the Public Investment Law.

4. Other ministries and equivalent agencies shall perform their functions and tasks as assigned.

Article 36. Responsibilities of the Provincial People's Committee

1. To direct, organize the implementation, inspection, evaluation, and periodically report on the results of implementing the provisions of this Decree.

2. To allocate local government budgets and integrate various sources of capital (central government budget, local government budget, and other sources) to ensure the effective implementation of forest protection and development objectives within the province in accordance with this Decree and current related legal documents.

3. To assign the Department of Agriculture and Rural Development to take the lead and coordinate with relevant agencies to strengthen propaganda and dissemination of the main contents of policies stipulated in this Decree.

4. Based on the current planting standard, to direct or authorize specialized agencies to guide the preparation of budget estimates for forestry works suitable to local conditions.

Article 37. Effective Date

1. This Decree takes effect from July 15, 2024.

2. The following legal documents and regulations shall cease to be effective from the date this Decree takes effect:

a) Points a, d, đ, e, g, and h Clause 1 Article 91 of Government Decree No. 156/2018/NĐ-CP dated November 16, 2018 detailing certain provisions of the Forestry Law;

b) Chapter II, Article 20, and Appendices I and III of Circular No. 15/2019/TT-BNNPTNT dated October 30, 2019 issued by the Minister of Agriculture and Rural Development guiding certain aspects of managing public investment in forestry works.

3. In cases where the legal normative documents cited in this Decree are amended, supplemented, or replaced by other documents, the amended, supplemented, or replacing documents shall apply.

Article 38. Transitional provisions

1. For programs, projects, and investment activities that have been approved under existing legal documents before the date this Decree takes effect, they shall continue to be implemented according to the approved program, project, investment level, investment support, procedures, and processes as stipulated in this Decree.

2. For programs, projects, and investment activities established under existing legal documents that have submitted applications but not yet been approved before the date this Decree takes effect, they shall be implemented in accordance with this Decree.

Article 39. Responsibility for Implementation

Ministers, Heads of Equivalent Agencies, Heads of Government Agencies, Chairmen of Provincial People's Committees, and related agencies, organizations, and individuals are responsible for enforcing this Decree.