Circular No. 04/2018/TT-BKHĐT On Mechanism and Policies to Encourage Enterprises to Invest in Agriculture and Rural Areas

CIRCULAR

Guidelines for Implementing Decree No. 57/2018/ND-CP dated April 17, 2018

||| of the Government on mechanisms and policies to encourage enterprises to invest in

agriculture and rural areas 

CamendPursuant to Decree No. 164No. 86/2017/N3. Amend Clause 3 Article 2 as follows:-CP of the Government dated February 2, 2023, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;toy 25 July 2017 of Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."to define the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;y The Minister of Science and Technology issues this Circular on the use of chemicals foramendng, tasks, powers, organizational structure of theof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsMinistry of Planning and Investmenta 12 ||| and Investmentpolicies 13 ||| Investmentto 14 ||| 57/2018/ND-CP datedconcerning the classification and determination of state management authority in the field of crop production;

Pursuant to DecreeNo. 17 April 2018 117 ||| in agriculture and rural areas;118 ||| Pursuant to the proposal of the Director of the Department of Agriculture, organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.19 ||| Ministry of Planning and Investment

20 ||| The Minister of Planning and Investmentpolicies 21 ||| hereby promulgates the

22 ||| Guidelines for Implementing Decree No. b23 ||| 57/2018/ND-CP dated April 17, 2018 of the Government on mechanisms and policies to encourage enterprises to invest in agriculture and rural areas as follows:nghe comconcerning the classification and determination of state management authority in the field of crop production invalidớ24 ||| 1. Scope of application: These Circulars guide the implementation of Decree No. 57/2018/ND-CP dated April 17, 2018 of the Government on mechanisms and policies to encourage enterprises to invest in agriculture and rural areas (hereinafter referred to as Decree No. 57/2018/ND-CP).No. 57/201August 8/NĐ-CP 125 ||| 2. Applicability: As stipulated in Article 2 of Decree No. 57/2018/ND-CP dated April 17, 2018 of the Government.June 2024;26 ||| Article 2. Exemption and reduction of land use fees, land rental fees, and water surface rental fees of the State"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, 27 ||| 1. Principles for implementing exemptions and reductions of land use fees, land rental fees, and water surface rental fees of the State shall be carried out in accordance with the provisions of Article 10 of Decree No. 45/2014/ND-CP dated May 15, 2014 and Article 18 of Decree No. 46/2014/ND-CP dated May 15, 2014."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."This Circular takes effect from February 12, 2024, and applies to distance learning bachelor's degree programs admitted after the date this Circular comes into force.June 2024;28 ||| 2. Documents and procedures for exemption and reduction of land use fees shall be implemented in accordance with the provisions of Articles 15 and 16 of Circular No. 76/2014/TT-BTC dated June 16, 2014 and Article 8 of Circular No. 10/2018/TT-BTC dated January 30, 2018 of the Ministry of Finance.policies29 ||| 3. Documents and procedures for exemption and reduction of land rental fees and water surface rental fees shall be implemented in accordance with the provisions of Articles 14 and 15 of Circular No. 77/2014/TT-BTC dated June 16, 2014 of the Ministry of Finance.concerning the classification and determination of state management authority in the field of crop production 30 ||| Article 3. Inspection of project components or entire projects

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

31 ||| 1. Content of inspection of project components or entire projects (inspection of quantity) as stipulated in point b, Clause 2, Article 17 of Decree No. 57/2018/ND-CP:

32 ||| a) Projects investing in infrastructure in raw material regions as stipulated in Article 7; experimental production projects, plant breeding projects using tissue culture technology, seed production projects for plants, livestock, and aquatic species, new crop trial planting projects; high-tech agricultural zones, regions, and projects as stipulated in Article 9 and investment projects as stipulated in Articles 11, 12, and 13 of Decree No. 57/2018/ND-CP: The inspection committee bases its actions on the provisions of Circular No. 26/2016/TT-BXD dated October 26, 2016 of the Ministry of Construction regarding the inspection of construction project components and completed construction projects and the support quotas of provincial People's Committees to prepare the Inspection Report. For point d, Clause 1, Article 9 of Circular No. 26/2016/TT-BXD, supplementary inspections may be conducted after the project begins operations.

33 ||| b) For scientific research topics under Clause 1, Article 9 of Decree No. 57/2018/ND-CP: The inspection committee bases its actions on the Scientific Research Topic Result Report compared to the registered Scientific Research Topic to prepare the Inspection Report.

34 ||| c) For purchasing technology licenses, purchasing technology, or purchasing scientific research results and technological development outcomes to create new products, improve technology, environmental pollution reduction technology, raw material and fuel-saving technology, energy-saving technology under Clause 1, Article 9 of Decree No. 57/2018/ND-CP: The inspection committee bases its actions on the Technology License Purchase Proposal, Technology Purchase Contract, or Scientific Research Results and Technological Development Outcomes Purchase Contract signed between the enterprise and organizations or individuals; invoices and payment transfer documents to organizations or individuals holding technology licenses, technologies, or scientific research results and technological development outcomes; technology licenses, technologies, or scientific research results and technological development outcomes to prepare the Inspection Report.

35 ||| d) For human resource training under Clause 1, Article 10 of Decree No. 57/2018/ND-CP: The inspection committee bases its actions on the Training Profession Content, the list of workers expected to participate in the course (confirmed by the Department of Labor, Invalids and Social Affairs or appropriate vocational training institutions with legal personality) and the list of workers who have participated in the training course (including: name, address, ID card number or citizen identification card number and signature of the worker) to prepare the Inspection Report.

36 ||| đ) For advertising, building product brands, participating in trade fairs under Clause 1, Article 10 of Decree No. 57/2018/ND-CP: The inspection committee bases its actions on the Decision approving support from the People's Committee (support decision), the Advertising Contract and Trade Fair Participation Contract signed between the enterprise and organizations or individuals; invoices and payment transfer documents to organizations or individuals providing advertising, brand-building, and trade fair services to prepare the Inspection Report.

37 ||| 2. Inspection and support for the establishment of the National Agricultural Product Market Information Website at Clause 3, Article 10 of Decree No. 57/2018/ND-CP;

38 ||| a) The inspection committee bases its actions on the agreement to establish the information website of the Ministry of Industry and Trade; the number of enterprises registering products on the National Agricultural Product Market Information Website; certified copies of documents proving the collateral assets of enterprises according to point a, Clause 3, Article 10 of Decree No. 57/2018/ND-CP to prepare the Inspection Report.

39 ||| b) The enterprise owner supported by the state to build and manage the National Agricultural Product Market Information Website is responsible for coordinating with competent state agencies to develop registration principles for products on the website to ensure that transaction information and standards match the actual transactions (buying and selling) with the information and standards registered by the enterprise with the National Agricultural Product Market Information Website.

40 ||| c) The enterprise managing the National Agricultural Product Market Information Website supported by provincial People's Committees to develop markets and promote investment at annual meetings supporting enterprises to invest in agriculture and rural areas.

41 ||| 3. Inspection Committee and Inspection Report

d) For vocational training under Clause 1, Article 10 of Decree 57/2018/NĐ-CP: The acceptance council bases on the vocational training content, the list of workers expected to participate in the course (confirmed by the Department of Labor, Invalids and Social Affairs or relevant vocational training institutions with legal personality), and the list of workers who have participated in the training course (including name, address, citizen identification number or public service card number and signature of the worker) to prepare the Acceptance Minutes.

đ) For advertising, building product brands, and participating in trade fairs under Clause 1, Article 10 of Decree 57/2018/NĐ-CP: The acceptance council bases on the Decision approving support from the People's Committee (issuing the support decision), Contract and Settlement Agreement signed between the enterprise and organizations or individuals; invoices and payment transfer documents for organizations or individuals providing advertising, brand-building, and trade fair services to prepare the Acceptance Minutes.

2. Acceptance and support for the national agricultural products e-market at Clause 3, Article 10 of Decree 57/2018/NĐ-CP;

a) The acceptance council bases on the document agreeing to build the e-market issued by the Ministry of Industry and Trade; the number of enterprises listing products on the "National Agricultural Products E-Market"; certified copies of documents proving the collateral assets of the enterprise according to Point a, Clause 3, Article 10 of Decree 57/2018/NĐ-CP to prepare the Acceptance Minutes.

b) The enterprise owner supported by the State for building and managing the "National Agricultural Products E-Market" is responsible for coordinating with competent state agencies to establish principles for registering products on the e-market to ensure that transaction information (buying and selling) matches the actual product standards registered by the enterprise with the "National Agricultural Products E-Market".

c) The enterprise owner managing the "National Agricultural Products E-Market" supported by provincial People's Committees for market development and investment promotion at annual business support conferences for investment in agriculture and rural areas.

3. The acceptance council and the Acceptance Minutes

a) The Department of Agriculture and Rural Development shall take the lead in inviting representatives from the Department of Planning and Investment, the Department of Finance, relevant specialized agencies, and the People's Committee of the district where the project is implemented to participate in the Acceptance Board and conduct acceptance in accordance with the contents stipulated in Clause 1 and Clause 2 of this Article.

b) The minutes of the acceptance of the project components and completed projects shall be prepared according to Model No. 05, Appendix II of Decree No. 57/2018/NĐ-CP.

PART II

IMPLEMENTATION OF POST-INVESTMENT SUPPORT

Article 4. Guidelines for issuing investment policy decisions on the List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas approved by the Provincial People's Committee.

1. Principles for compiling the List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas:

a) Prioritize projects processing agricultural products using local raw materials or employing a large number of workers (100 workers or more).

b) Prioritize projects producing mechanical products, equipment, spare parts for equipment, and auxiliary products for the agricultural sector.

c) Prioritize projects with production processes that are environmentally friendly, consume little energy, and emit less waste.

d) Prioritize projects linking production to create value chains in the agricultural sector, organic agriculture projects, and high-tech agriculture projects.

2. Process for building the List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas:

a) Based on the socio-economic development situation in the locality, investment proposals from departments, sectors, district people's committees, related industry associations, and enterprise proposals, the Department of Planning and Investment drafts the List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas.

b) The Department of Planning and Investment reports to the Provincial People's Committee on the draft List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas and the plan for organizing the provincial conference to support enterprises investing in agriculture and rural areas.

c) After the provincial conference to support enterprises investing in agriculture and rural areas, the Department of Planning and Investment compiles and reviews the draft List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas and sends it to relevant departments, sectors, district people's committees, and industry associations (if any) for comments to further improve the draft. Supplement in the Note section at Model No. 01, Appendix II issued together with Decree No. 57/2018/NĐ-CP, the following columns: Expected investing enterprises, implementation schedule of the investment project, applied technology, investment incentives and conditions for application, validity period of the investment policy decision.

3. Approval of the investment policy decision on the List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas: Based on the report of the Department of Planning and Investment, the Provincial People's Committee shall approve the investment policy decision on the List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas within ten working days. (Annual adjustments and supplements will be made).

4. In cases where projects (not requesting state capital support) are not included in the List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas, they shall implement the procedures and formalities for issuing investment policy decisions in accordance with Article 33 of the Investment Law.

5. Based on the List of Projects Encouraging Enterprises to Invest in Agriculture and Rural Areas, enterprises shall implement projects and propose support in accordance with point a, Clause 1, Article 17 of Decree No. 57/2018/NĐ-CP. The Provincial People's Committee shall base its ability to balance funding sources and issue a commitment letter to provide capital support to enterprises in accordance with point b, Clause 1, Article 17 of Decree No. 57/2018/NĐ-CP.

6. In cases where projects use central government budget funds: The Provincial People's Committee shall submit the dossier to the Ministry of Planning and Investment to request a commitment letter to provide capital support to enterprises in accordance with regulations. For projects using funds from central ministries and sectors in accordance with Clause 1, Article 14 of Decree No. 57/2018/NĐ-CP, the central ministries and sectors shall submit the dossier for review in accordance with the Public Investment Law.

Article 5. Sources of capital and integration of capital to implement policies encouraging enterprises to invest in agriculture and rural areas

1. The central state budget annually allocates capital for the development of the agricultural sector to balance the implementation of Decree 57/2018/NĐ-CP, including: capital from the National Target Program on New Rural Development, Programs on Economic Restructuring in Agriculture and Disaster Risk Reduction, Livelihood Stability, Sustainable Forestry Development, Sustainable Aquaculture Economy Development, and investment capital for the agricultural sector under other Programs and projects.

2. The local state budget annually allocates capital for the agricultural sector to balance the implementation of Decree 57/2018/NĐ-CP, including: capital for basic construction investment for programs and projects managed by the locality and regular expenditure of local agencies and units directly managed in the fields of agriculture, forestry, salt industry, aquaculture, irrigation, and rural development, including activities in developing agriculture, forestry, salt industry, aquaculture, irrigation; building new rural areas and other rural development activities.

3. Integration of various sources of capital to implement policies:

a) Based on the level of capital supported from the central state budget for national target programs and targeted support programs, the Department of Planning and Investment shall take the lead in coordinating with relevant departments to proactively integrate these sources of capital, propose allocation plans for projects to be implemented according to Decree 57/2018/NĐ-CP, report to the Provincial People's Committee for consideration and decision.

b) The Provincial People's Committee decides to integrate local state budget capital immediately when planning annually and mid-term plans to implement Decree 57/2018/NĐ-CP.

Article 6. Implementation of post-investment support for enterprises

1. The Department of Planning and Investment shall take the lead in coordinating with the Department of Finance and relevant departments to estimate the level of local state budget capital usage, report to the Provincial People's Committee to submit to the Provincial People's Assembly for approval of annual and mid-term capital for the "Enterprise Investment Support Program in Agriculture and Rural Areas" of the locality.

2. After determining the level of capital for the "Enterprise Investment Support Program in Agriculture and Rural Areas" using the local state budget, the Department of Planning and Investment shall base on Clause 3, Article 15 of Decree 57/2018/NĐ-CP to propose allocation plans for support capital, report to the Provincial People's Committee to allocate support capital to enterprises.

Article 7. Summary and Reporting

1. The Provincial People's Committee and ministries, sectors implementing support for enterprises investing in agriculture and rural areas shall report to the Ministry of Planning and Investment, Ministry of Finance, and Ministry of Agriculture and Rural Development before March 31 each year. The report shall clearly state the amount of capital provided, the operational status of supported enterprises, difficulties encountered, and recommendations to central authorities.

2. The Ministry of Planning and Investment is responsible for summarizing and reporting.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Responsibility for Implementation

The Minister, Head of a ministry equivalent to a ministry, head of an agency under the Government, Chairman of the People's Committee of provinces and centrally-administered cities, heads of organizations and individuals related to the implementation of Decree 57/2018/NĐ-CP dated April 17, 2018, shall be responsible for implementing this Circular.

Article 9. Effective Date

1. This Circular takes effect from January 21, 2019, and replaces Circular No. 05/2014/TT-BKHĐT dated September 30, 2014, issued by the Ministry of Planning and Investment.

2. Projects "under implementation" as stipulated in Clauses 4 and 5, Article 20 of Decree 57/2018/NĐ-CP are projects still within the implementation period specified in the investment certificate or project approval decision issued by the competent authority before the issuance of Decree 57/2018/NĐ-CP.

3. Projects or project components being implemented according to Circular No. 05/2014/TT-BKHĐT dated September 30, 2014, of the Ministry of Planning and Investment shall continue to be implemented according to the aforementioned Circular; projects or project components not yet commenced according to this Circular.

4. During the implementation process, if there are difficulties or obstacles, ministries, sectors, provincial people's committees, centrally-administered city people's committees, and enterprises are requested to promptly reflect them to the Ministry of Planning and Investment and relevant ministries and sectors for research and appropriate amendments and supplements./.