Decision No. 73/2010/QD-TTg Issuing the Regulation on Management of Investment in Construction of Forestry Works

Pursuant to …;

Issuing regulations on management of investment in construction of forestry works

___________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

According to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to the Forest Protection and Development Law dated December 3, 2004;

Pursuant to the Construction Law dated November 26, 2003;

Based on the Investment Law dated November 29, 2005;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment on June 19, 2009;

At the request of the Minister of Agriculture and Rural Development,

DECISION:

Article 1. These Regulations are promulgated together with this Decision.

Article 2. This Decision takes effect from January 1, 2011.

Article 3. The Minister of Agriculture and Rural Development shall be responsible for guiding, organizing, directing, and supervising the implementation of this Decision.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees, and Chairpersons of municipal People's Committees directly under the central government shall be responsible for implementing this Decision.

 

REGULATIONS

Management of investment in construction of forestry works

(Issued together with Decision No. 73/2010/QĐ-TTg dated November 16, 2010 of the Prime Minister)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. These Regulations stipulate on:

a) Preparation, examination, approval of investment projects for construction of forestry works, integrated forest protection and development projects (hereinafter referred to as forestry development projects) using more than 30% of the total state capital (including state budget capital, state-guaranteed credit, state investment development capital, state-owned enterprise investment development capital, and other sources of capital managed by the state).

b) Implementation of investment projects for construction of forestry works; conditions regarding the capacity of organizations and individuals involved in construction of forestry works activities.

Article 2. Investment projects for construction of forestry works using official development assistance (ODA) funds fall within the scope of these Regulations. In cases where international treaties signed by competent state agencies of the Socialist Republic of Vietnam have provisions different from those of these Regulations, such provisions shall be implemented according to the provisions of the international treaties.

Article 3. The preparation, examination, approval, and implementation of technical infrastructure works serving forest protection and development shall comply with current laws related to basic construction investment.

Article 4. It is encouraged for organizations and individuals involved in investment in construction of forestry works to apply these Regulations when using other sources of capital.

Article 2. Applicability

These Regulations apply to agencies, organizations, community groups, households, and individuals involved in investment in construction of forestry works.

Article 3. Explanation of Terms

In this Regulation, the following terms shall be understood as follows:

1. Forest engineering work refers to forest areas, forest seedling gardens, and forest tree source gardens formed through the implementation of forestry works activities and the construction of necessary technical infrastructure facilities to serve forest protection and development.

2. Forestry works activities in forestry works projects include: afforestation; natural regeneration enclosure; induced regeneration enclosure; forest nurturing; natural forest improvement; enrichment planting; establishment of forest tree seed sources.

3. Afforestation means creating a new forest area on land without existing forests or on newly clear-cut forest land. Afforestation includes activities from preparing seedlings, treating undergrowth, digging holes, applying fertilizer, filling holes, transporting seedlings, planting trees, caring for and protecting until the planted forest is accepted and handed over.

Afforestation includes: new afforestation; replanting after harvesting; afforestation in forest improvement; firebreak afforestation; afforestation in agroforestry integration.

4. Natural regeneration enclosure means selecting and establishing areas of land with natural regeneration (state Ib, Ic) that have the potential to develop into forests naturally for a specific purpose and organizing protection to prevent unwanted external impacts until the criteria for forests are met. Natural regeneration enclosure includes activities: setting up the enclosed area on maps and on-site, organizing protection until it becomes a forest.

5. Induced regeneration enclosure is regeneration enclosure of forests with certain human-induced impacts. Induced regeneration enclosure includes activities: setting up the enclosed area on maps and on-site, clearing vines and shrubs, removing non-target trees, supplementary planting if needed, and protection until it becomes a forest.

6. Forest nurturing is a forestry activity impacting a specific forest area with a particular forest ecosystem aimed at maintaining and enhancing the quality of the forest. Forest nurturing may include activities such as thinning, pruning, clearing vines and shrubs, cleaning, removing non-target trees, and protection until acceptance and handover.

7. Reclamation of depleted natural forests Replanting of depleted natural forests.

8. Enrichment planting of natural forests involves forestry activities impacting a natural forest area with average stock levels to quickly achieve higher stock levels. Enrichment planting may include activities: adjusting tree density by removing non-target trees, pruning, clearing vines and shrubs, supplementary planting if needed, and protection until acceptance and handover.

9. Establishment of forest tree seed sources includes activities: planting seedling forests, seedling nurseries, progeny testing plots, converting natural or planted forests into seed forests, establishing selection compartments, selecting superior trees for seeds until acceptance and handover.

10. Technical infrastructure works serving forest protection and development, including:

a) Forest roads system: automobile roads, footpaths, or other simple transport roads;

b) Forest pest and disease control works, forest fire prevention and extinguishing works: firebreaks, forest fire watchtowers, drainage channels, water reservoirs, fire prevention and extinguishing dams;

c) Forest protection stations; warning signs, boundary markers of forest zones, subzones, and compartments;

d) Other necessary infrastructure works in forestry projects.

11. Design of forestry works is the process of surveying natural conditions (topography, understory status, soil, climate), socio-economic conditions; mapping the project boundaries both on-site and on maps; determining forestry and construction technical parameters and solutions; determining technical material, labor requirements, and investment estimates for forestry works.

12. Contractor in forestry works construction activities is an organization or individual with the capacity to implement forestry works and provide forestry technical materials, seedlings, seeds, and fertilizers for forestry projects.

13. Construction consultancy services for forestry works includes investigation, surveying, preparing investment projects for forestry works, creating maps, drafting projects, designing and estimating costs, and supervising construction.

14. Forestry Works Investment Construction Project (hereinafter referred to collectively as the Forestry Project) consists of documents, texts, and maps describing activities related to capital and human resource investment to implement a specific forestry work, aiming to achieve specific economic, social, and environmental benefits within a defined area and timeframe, where the proportion of capital invested in forestry activities constitutes at least 50% of the total investment amount of the forestry project.

A Forestry Project may include multiple interrelated forestry works investment items concerning the same investor's investment area, implementation time, and investment purpose, or it may consist solely of a single independent forestry work.

15. The Investor of the Forestry Project is the owner of the capital or the person entrusted with managing and utilizing the capital for the investment and construction of forestry works, as determined by laws on investment and construction.

16. Comprehensive Forest Protection and Development Investment Project (hereinafter referred to as the Forestry Development Project) is a collection of Forestry Projects and basic construction works sharing a common goal of protecting and developing forests for a region or one or more related localities during a development phase, approved as an investment program or policy.

Within Forestry Development Projects (similar to Project O), there can be component investment projects such as Forestry Projects, infrastructure construction projects, and non-forestry activities like management, planning, land allocation, training, promotion, scientific research within the scope of the project.

In a broad Forestry Development Project involving multiple localities, each locality may have its own component Forestry Development Project.

Chapter 2.

ESTABLISHING, REVIEWING, AND APPROVING FORESTRY PROJECTS

Article 4. Conditions for Establishing Forestry Projects

1. Forestry investment projects must be established based on:

a) Clear land area or forest area with specific boundaries;

b) The land area of the project has a specific owner (or has a land use right certificate, or has confirmation from the competent authority regarding land use rights in cases without a certificate, or is leased to the investor); the land owner may directly invest in the forestry project or collaborate with other investors.

c) The land area is within the three types of forest planning.

d) The forestry investment project aligns with the local forest protection and development plan (if it is an independent forestry investment project) or is a component project within an approved Forestry Development Project.

2. In cases where there is no local forest protection and development plan, or if the project land area is outside the forestry land planning, or not within an approved Forestry Development Project, the competent authority must be requested for permission to establish the project.

Article 5. Establishing Forestry Projects

1. Establishing Forestry Projects must be based on the results of site surveys, field investigations, and measurements, processing and technical design (office work) to complete technical design documents, various maps, cost estimates for specific activities according to current standards, norms, economic and technical quotas, prices at the time of project establishment, and existing state policies.

2. When establishing a Forestry Project, the investor must consider, analyze, and select appropriate scales of forestry works: having clear and specific objectives, locations, areas, volumes, total investment amounts, start and completion times that are feasible.

3. Contents of the Forestry Project include:

a) General overview of the project: Name of the project; Implementation location; Implementation period; Project Manager (investment decision maker); Project Investor, land owner, forest owner; Project preparation agency and coordination; Total investment capital and sources of capital.

b) Specific contents of the project: Legal basis and necessity for investing in the Forestry Project; Natural conditions; Economic and social conditions (if necessary); Project objectives; Scope and scale of the project.

The Ministry of Agriculture and Rural Development shall provide detailed guidance on establishing Forestry Projects.

Article 6. Forest Project Maps

1. The Topographic Map based on the VN 2000 reference system issued by the Ministry of Natural Resources and Environment, with coordinate grids, small district numbers, plot numbers, and firebreaks, forest protection stations, ranger posts... uniformly across the country, showing contour lines, current conditions, and benchmarks (rivers, streams, roads, firebreaks, forest protection stations, ranger posts...) shall be used to develop the forest project.

2. Current status maps and technical design maps: for afforestation, the scale is 1/5,000 - 1/10,000; for delineation and regeneration of forests, forest protection, the scale is 1/10,000 - 1/25,000.

3. All types of maps must be included in the project dossier, signed and stamped by the investor, and confirmed by the competent authority for each type of map according to the regulations applicable to projects.

The Ministry of Agriculture and Rural Development shall guide and stipulate the forest engineering design symbols on the maps and the confirmation of technical design maps for forest projects by the competent authority.

Article 7. Dossier for Review and Approval of Forest Projects

The dossier for reviewing forest projects must be complete as required by the investment decision-making level, including one original copy for review, approval, and archiving, comprising:

1. A request for project review, which includes a summary of the project;

The project summary should include the main points of the project such as: Name and main content of the project; Investor; Location and scale of the project (forest area or forestry land affected by the project); Quantity of forest works and other construction items in the forest project; Total budget estimate of the project and its components, forest works within the project; Anticipated start and completion dates.

2. The forest project, signed and stamped by the investor and the consulting agency preparing the project (with attached appendices and tables);

3. The set of maps as prescribed in Article 6 of this Regulation;

4. Relevant legal documents (decisions of the competent authority such as: permission to invest, technical outline and budget estimate for project preparation (if any), land use rights certificate (copy) or permission to use land from the competent authority, forestry development plan...

Article 8. Organization of Forest Project Review

1. The Forestry General Department under the Ministry of Agriculture and Rural Development organizes reviews or coordinates with related units to lead the review of projects decided upon by the Ministry of Agriculture and Rural Development for investment.

Ministries and sectors deciding on forest project investments organize specific project review procedures.

2. Provincial People's Committees organize reviews of projects they decide to invest in. The Department of Agriculture and Rural Development (or the unit authorized by the provincial People's Committee) serves as the focal point for organizing the review.

3. District and Commune People's Committees organize reviews of projects they decide to invest in (if any). The focal point for reviewing the project is designated by the investment decision-making level.

4. The investment decision-maker is responsible for organizing the review of the project before approving it. The focal point for reviewing the project is a specialized unit directly under the investment decision-making level. The specialized agency serving as the focal point for the review has the responsibility to send the project dossier to relevant agencies for comments or to organize a review meeting. The investment decision-maker may hire consultants to audit part or all of the contents stipulated in Article 9 of this Regulation.

Article 9. Content of the Review of the Forestry Project

1. Consider the legality, factors ensuring the effectiveness of the project, including: the necessity for investment; input factors of the project; technical solutions of forestry activities; scale, time, progress of implementing the project; financial analysis, economic and social benefits, environmental impact of the project;

2. Consider factors ensuring the feasibility of the project, including: compatibility with land use planning, forest protection and development planning at regional and local levels; land demand; ability to mobilize capital to meet the project's schedule; management experience of the investor; ability to repay loans (if any); factors affecting the project such as historical and cultural sites or related to community beliefs based on written opinions of relevant agencies and other relevant laws;

3. Issues of risks that may occur during implementation affecting investment outcomes;

4. Conditions and capabilities of survey, design, supervision, and construction consultants;

5. Review of technical designs for forestry activities, fire prevention and firefighting technical designs, cost estimates, and total investment amount.

6. On-site review for afforestation projects and other forestry activities when deemed necessary.

Article 10. Authority to Decide on Investment in Forestry Projects

1. The Minister, Head of a Ministry-level agency decides on investment or delegates authority to decide on investment to subordinate agencies directly.

2. The Chairman of the People's Committee of a province decides on investment or delegates authority to decide on investment for projects within the scope and budgetary capacity of the locality.

3. The Chairman of the People's Committee of a district decides on investment for forestry projects delegated and forestry projects of households, individuals, and community residents within the area (if applicable).

Article 11. Adjustment of Forestry Projects

The adjustment of forestry projects shall be carried out in accordance with the laws on Investment and Construction and consistent with the delegation of investment decision-making authority of central ministries and sectors and provincial People's Committees.

Chapter 3.

IMPLEMENTATION OF PROJECTS

Article 12. Forms of Contractor Selection

1. Implement forms of contractor selection according to the Bidding Law in the implementation of investment projects.

For the following forestry works and sub-works, the form of contractor selection is direct assignment or self-execution:

a) New planting, replanting after harvesting, green belt firebreak planting, caring for planted forests, enclosing and regenerating natural forests, nurturing and enriching forests, protecting forests;

b) Building demonstration models;

c) Building experimental and testing models;

d) Consulting for project preparation and technical design, cost estimation for the project or its components;

đ) Importing seeds, creating new varieties; supplying seedlings;

2. The selection of contractors, signing contracts, contract prices, acceptance and settlement of contracts... shall be implemented in accordance with current regulations on bidding by the State.

Article 13. Forms of Project Management

Forms of project management, tasks and authorities of the Investor, Project Management Board, and project management consultants shall be implemented in accordance with current laws on investment and construction.

Article 14. Annual Inspection

1. Annual inspection of forestry works to determine the volume and quality of forestry works implemented in the year, serving as the basis for settlement of the volume executed between the project owner and the contractor, lessee according to the contract.

2. Depending on the nature of each component of forestry works, the inspection can be carried out in stages according to the construction process; the results of stage inspections serve as the basis for funding advances to contractors and lessees and are the foundation for enhancing quality management of forestry works at each stage.

3. The Ministry of Agriculture and Rural Development shall stipulate the procedures, contents, and methods of inspection for each component of forestry works.

Article 15. Final Project Inspection

1. Final inspection upon completion of the project aims to determine the area, assess the quality of forest plots that have become forests, or completed forestry activities, serving as the basis for transferring forest plots to other investment phases such as nurturing, enriching forests, and other forestry activities, or for management, protection, or exploitation and utilization...

2. For areas that have not yet become forests after the project's completion, the project owner proposes technical design solutions, submitting them to the competent authority for approval of continued investment to achieve forest status.

3. For areas that have not become forests: the project owner must clarify the reasons, prepare documentation, and submit it to the competent authority for handling.

4. The results of the final inspection are used for the handover of forestry works. After the final inspection, the project owner proposes technical forestry solutions for the subsequent phase.

5. The Ministry of Agriculture and Rural Development shall stipulate the contents, procedures, and methods for conducting final project inspections.

Article 16. Funding for Inspection of Forestry Works

1. The funding for inspecting the volume of work completed annually and the final project inspection is determined in the project budget.

2. The Ministry of Agriculture and Rural Development shall guide the content and method of establishing cost standards and expenditure levels for projects.

3. The People's Committee of the province shall guide, establish, manage costs, and supervise the implementation of regulations on cost management within its jurisdiction.

Article 17. Settlement and Final Accounting of Investment Capital for Construction of Forestry Works

The Ministry of Finance shall take the lead, coordinating with the Ministry of Agriculture and Rural Development to guide the settlement and final accounting of investment capital for constructing forestry works.

Article 18. Completion of Projects

1. A forestry project is concluded based on the results of the final project inspection in accordance with the approved project design and signed contracts. Before handing over the forestry works, the construction contractor must liquidate, dismantle unnecessary works (if any), clean up the site or remove all their assets from the construction area, and return borrowed or temporarily leased land for construction purposes as stipulated in the contract.

2. After handing over the forestry works, the project owner shall prepare documentation for approval of the final accounting of investment capital.

Article 19. Inventory of Forestry Works and Preparation of Current Forest Status Maps

1. Regarding inventory: the results of the final inspection and handover already verified and inspected in the last year of the project shall be considered the inventory results of the final project for forestry works.

2. Preparing current forest status maps: based on the inventory results, the project owner shall prepare current forest status maps. The scale of current forest status maps prepared for commune level is from 1/10,000 to 1/25,000. The funding for preparing current forest status maps is included in the project consulting costs.

Article 20. Handover of Forest Engineering Works

1. Completed forest engineering works that have been inspected and inventoried according to regulations and meet the requirements of approved designs shall be considered special assets for handover to the management entities for maintenance and use in accordance with the purpose of each type of forest.

2. Within six months before the completion of investment in forest engineering works, the project investor must propose a handover plan for approval by the competent authority if such a plan is not included in the project.

3. The handover shall be conducted between the project investor, contractor, or lessee and the receiving management entity/forest owner according to the approved plan. Depending on the specific conditions of each work, at the end of the investment phase, partial handovers of individual tasks or components of the project/sub-project may be carried out for continued management by the forest owners in accordance with regulations.

4. When handing over all forest engineering works, the final documentation of the completed forest engineering works, along with related materials, must be transferred. Construction documentation for forest engineering works must be submitted for storage in accordance with the laws on state archives. The handover documentation includes:

a) Design and budget documentation; inventory results of the completed forest or the final inspection results of the forest project.

b) Various types of maps;

c) Proposals for protection measures and technical solutions for the next stage to develop plans and programs for protecting and developing forests by forest owners.

5. After acceptance and handover to the receiving management entity, forest engineering works must be registered as assets in accordance with the law. The asset registration documentation is the final acceptance and handover report.

6. The handover record is a legal document for the project investor to settle the investment capital.

Chapter 4.

CONDITIONS OF COMPETENCE OF ORGANIZATIONS AND INDIVIDUALS IN FOREST ENGINEERING CONSTRUCTION ACTIVITIES

Article 21. Conditions of Competence of Organizations in Forest Engineering Construction Activities

1. Organizations participating in consulting activities for forest engineering construction projects must be established in accordance with the law and hold a business registration certificate suitable for the project requirements, except for Forest Protection Management Boards and Specialized Forests that have sufficient conditions to organize their own implementation.

2. Each consulting organization, if it has sufficient capacity, can undertake all consulting tasks of a forest engineering construction project from the investment preparation stage to the final inspection and operation of the forest engineering works, except for the following cases:

a) Design consultants cannot act as supervisory consultants for forest engineering construction projects they design;

b) Supervisory consultants cannot perform and participate in quality inspection work for forest engineering works they supervise.

3. Training, training sessions, and professional development in project planning, construction supervision, project management, and other requirements related to forest engineering construction activities are encouraged to lead to certification for organizations and individuals involved in forest engineering construction activities.

4. Consulting organizations when preparing projects, in addition to necessary equipment and personnel, must have a project leader who is a university graduate or higher with forestry expertise relevant to the project requirements and at least three years of experience in consulting. Additionally, each main component of the project must be led by an engineer (or equivalent) with appropriate expertise.

5. Project management consulting organizations must have a director who is a university graduate or higher in a relevant forestry field suitable for the project requirements. The director of a project management consulting organization must have at least three years of experience in forest engineering construction activities. In addition to the director, the project management consulting organization must have sufficient capacity (in terms of expertise, equipment, and number of staff) to assist the project investor in managing the project. The number of staff is determined by the project investor to suit the scale and nature of each project.

6. Consulting organizations participating in projects during the survey, design, and construction supervision phases must meet the following minimum requirements:

a) Survey leaders, design leaders, design supervisors, and construction supervision supervisors must be university graduates or higher in relevant forestry fields suitable for the project requirements in each specific phase;

b) They must meet the reasonable staffing requirements of the project investor.

7. Construction organizations undertaking forest engineering construction projects must meet the following minimum requirements:

a) They must have a construction supervisor (technical officer) who is a university or college graduate in a relevant forestry field suitable for the project requirements;

b) They must have sufficient technical workers to meet the job requirements;

c) They must have essential equipment suitable for construction and ensuring labor safety;

d) They must have participated in at least one similar forest engineering project in terms of nature and scale.

8. Foreign organizations participating in consulting activities for forest engineering construction projects are encouraged but must comply with Vietnamese legal regulations.

Article 22. Capacity Conditions for Individuals Engaged in Forestry Construction Activities

1. Individuals participating in forestry construction consulting activities must have appropriate diplomas or certificates in forestry education corresponding to the tasks they undertake.

2. Individuals holding the position of project management consultant director, site commander, or construction supervision may concurrently undertake a maximum of three tasks within the territory of two adjacent provinces at the same time.

3. Independent consulting practitioners are encouraged to participate in forestry construction consulting activities.

Chapter 5.

HANDLING RISKS CAUSED BY UNAVOIDABLE FACTORS FOR FORESTRY PROJECTS

Article 23. Unavoidable Factors Within the Scope of the Project

1. Earthquakes, typhoons, floods, landslides, whirlwinds, tsunamis, soil erosion;

2. War or the threat of war;

3. Abnormal heatwaves, droughts, frost damage, harmful winds;

4. Forest fires;

5. Wildlife destruction;

6. Pests and insect infestations;

7. Other objective losses.

Article 24. Handling of Unavoidable Natural Disasters

1. In cases where forest planting insurance or other forestry construction projects' insurance cannot be obtained, for state budget-funded investment activities, when encountering unavoidable natural disasters, the investor shall prepare a dossier to submit to the investment decision-making authority requesting compensation for damages.

2. The dossier for handling damages includes:

a) A request from the Investor for compensation for damages accompanied by a Field Inspection Report. The request must include a calculation of the quantity and value of the damages suffered and specific proposals for handling.

b) A Field Inspection Report prepared by the Field Inspection Team established by the investment decision-making authority. The report should contain the following main contents: composition of the inspection team; verification time; time of occurrence of damage; extent of damage in terms of area and degree: the report needs to clearly identify the location, plot, section, sub-section, type of forest, and owner (if it can be immediately identified); degree of damage: quantity, volume, and estimated value; determination of cause, responsibility, and proposed solutions.

3. Authority to review and approve: The investment decision-making authority organizes or delegates the review of the dossier for approval of compensation and decides on the direction to mitigate damages.

4. Costs for mitigating damages are taken from the project's contingency fund; if insufficient, a report is submitted to the competent authority with investment decision-making power for resolution.

Chapter 6.

FORESTRY DEVELOPMENT PROJECTS

Article 25. Conditions for Establishing Forestry Development Projects

Forestry development projects are established based on national requirements or policies for forestry development investment that align with approved forest protection and development plans for a specific region, area, or across several provinces, districts, and communes.

A forestry development project is a category O project, characterized as a target program, which may include component projects according to administrative units and individual investment projects such as forestry construction projects and other construction investment projects determined and decided upon specifically after the approval of the forestry development project (comprehensive).

According to current regulations, forestry investment projects may be:

1. National key projects reviewed and decided on investment policy by the National Assembly;

2. Projects within the jurisdiction of the Prime Minister, Ministers, Heads of Ministries, and Chairmen of Provincial People's Committees:

a) Regional and inter-provincial projects consistent with regional and provincial forest protection and development plans;

b) Projects within the scope of provinces, districts, and communes consistent with provincial, district, and commune forest protection and development plans.

Article 26. Establishing Forestry Development Projects and Applying for Investment Permission

Depending on the scale, nature, and management requirements, the managing investment authority shall decide whether to establish or not establish a Forestry Development Investment Project in one of the following two forms:

1. For national-level projects, the investor must prepare a forestry development project report to submit to the Government for presentation to the National Assembly for approval of the policy and permission to invest.

2. In addition to the projects specified in Clause 1 of this Article, the investor may establish a forestry development project to be reviewed and approved by the Prime Minister, the Ministry of Agriculture and Rural Development, and the People's Committee of the province (the forestry development project is established for a phase and has the nature of guiding the overall forestry development in a region with items, quantities, timeframes, and estimated costs for approval of the investment policy).

3. Main contents of the Forestry Development Project:

a) The necessity of establishing the Project, favorable and unfavorable conditions; the regime of exploitation and utilization of national resources if applicable;

b) Estimated scale of investment: total area of investment including areas of forest engineering works, infrastructure works, and other works;

c) Preliminary analysis and selection of technology and techniques; land clearance and resettlement plans if applicable; impacts of the project on the environment, ecology, security, and defense;

d) Form of investment, preliminary determination of the total investment amount, project implementation schedule, capital mobilization plan according to the progress and economic-social efficiency of the project and phased investment (if applicable).

4. Applying for Investment Permission for the Project:

a) For the projects specified in Clause 1 of this Article, the Investor is responsible for submitting the Forestry Development Project to the Ministry of Agriculture and Rural Development. The Ministry of Agriculture and Rural Development is the lead agency assisting the Prime Minister in soliciting opinions from relevant ministries, sectors, and localities, compiling, and proposing opinions to the Prime Minister.

b) Time limit for soliciting opinions:

Within fifteen working days from the date of receipt of a valid Forestry Development Project dossier, the Ministry of Agriculture and Rural Development must send a document soliciting opinions from relevant ministries, sectors, and localities.

Within thirty working days from the date of receipt of the request, the agency asked for opinions must have a document responding to the contents within its jurisdiction. Within seven days after receiving all responses within the above timeframe, the Ministry of Agriculture and Rural Development must prepare a report to submit to the Prime Minister.

c) The report submitted to the Prime Minister includes: summary of the content of the Forestry Development Project, summary of opinions from ministries, sectors, and proposals regarding permission to invest in the Project accompanied by documents of opinions from relevant ministries, sectors, and localities.

Article 27. Reviewing and Approving Forestry Development Projects

1. Reviewing:

The investment decision-making body is responsible for organizing the review of the Project before approving it. The specialized agency leading the review of the Project is responsible for sending the Project dossier to related agencies for review opinions or organizing a review meeting.

a) The Prime Minister establishes a State Review Board for important national projects (or according to the Resolution of the National Assembly), projects decided by the Prime Minister to invest in, and other projects if deemed necessary. The Ministry of Agriculture and Rural Development is the lead agency organizing the review;

b) The Ministry of Agriculture and Rural Development organizes the review of projects under its direct administration or delegates to subordinate units to organize the review;

c) The provincial People's Committee organizes the review of projects within its jurisdiction. The Department of Agriculture and Rural Development (or the agency authorized by the Provincial People's Committee) is the lead agency organizing the review.

2. Approving Forestry Development Projects.

a) The Prime Minister decides to invest in projects according to the Resolution of the National Assembly and other important projects;

b) The Minister, Head of a ministry-level agency decides to invest in national-level and regional-level important projects. A ministry-level agency authorized or delegated to decide on investment for component projects to the People's Committees of provinces or directly subordinate agencies;

c) The Chairman of People's Committees at various levels decides to invest in projects within their province. The Chairman of the Provincial People's Committee is authorized or delegated to approve component projects (if any) within the district for the District People's Committee or directly subordinate agencies;

The review and investment decision for component projects of forestry development projects are carried out in accordance with the provisions of this regulation and other relevant regulations.

d) Projects using other funds, mixed funds, investors decide to invest and bear responsibility.

Article 28. Management of Forestry Development Projects

The management of forestry development projects mentioned in Chapter VI shall be carried out in accordance with current regulations and this Regulation.

Chapter 7.

IMPLEMENTING PROVISIONS

Article 29. Ministry of Agriculture and Rural Development

1. Guide the preparation of projects and the management of investment construction costs including total investment amount, design - construction cost estimate for forestry works, norms and construction prices for forestry works, and other contents prescribed in this Regulation.

2. Announce economic and technical norms, procedures, standards, technical regulations, and other contents prescribed in this Regulation.

3. Guide the assessment costs for reviewing design - construction cost estimates, total construction investment amounts for forestry works.

4. Specify training units issuing certificates for consulting activities in forestry work construction.

5. Prescribe rewards and penalties for violations in forestry work construction activities.

6. Inspect, examine, and guide the implementation of regulations on the management of investment construction costs for forestry works.

Article 30. Ministry of Finance

1. Guide the payment and settlement of capital investment for forestry projects.

2. Guide and issue insurance costs for consulting services, forestry activities insurance.

3. Inspect and examine the payment and settlement of projects funded by state budget.

Article 31. Provincial People's Committees

1. Provincial People's Committees base on economic and technical norms guided by the Ministry of Agriculture and Rural Development to organize the establishment and announcement of economic and technical norms for specific forestry activities in their locality.

2. Provincial People's Committees guide the preparation and management of construction prices for forestry activities; inspect the implementation of regulations on the management of investment construction costs for forestry works within their jurisdiction.

Article 32. Transitional Provisions

1. Forestry construction projects approved before this Regulation takes effect but not yet implemented or being implemented shall continue to be implemented according to the previously guided regulations.

2. Forestry construction projects prepared and reviewed but not yet approved before this Regulation takes effect shall be implemented according to the provisions of this Regulation./.