Decision No. 152/2001/QD-TTg on mechanisms and policies for investments in planting headwater protection forests in Quang Tri, Thua Thien-Hue, Quang Nam, Qunag Ngai and Phu yen Provinces with loan capital of the Japan Bank for International Cooperation (JBIC)

OH I! !,\I. c iAlLTTF \fu. 42 (1 11-)0111) DECISION No.152/2001/QD-TTgOFOCTOBER 9, 2001 ON MECHANISMS AND POLICIES FOR INVESTMENT IN PLANTING HEADWATER PROTECTION FORESTS IN QUANG TRI, THUA THIEN-HUE, QUANG NAM, QUANG NGAI AND PHU YEN PROVINCES WlTH LOAN CAPJlAL OF THE JAPAN BANK FOR INTERNATIONAL COOPERATION (JBJC) THE PRIME MINISTER Pursuant to the law on Organization of' the Governmem cfSeptember 30. 1992; P11rs11a11I to the Agreement on Specialized Credit Program. code VN VJ-8 (the loan amount jhr the fciresfly sect01), 1998fiscal yea,; signed be~een rhe Vietnamese Government and the .Japanese Government: At the proposal oj'tht ]vfinistiy rfAgricult11re one/ Rural Development (Document No. 1147:JJNNKJJ of' April 20. 2001) and cormnent.1 1~/' the Ministry </ Plarmmg and Investment (Document No. 5848<!3KH NN rd'Aug11st 29. 2001) and the P1nance Ministry (Document No. 8 392/ J'C'-TCDN 4 September 5. 2001 ). DECH>ES: Article I.·· lhc mcchanirn1 and polici(·:; for rn\,c: ;1rncnt 111 planting lH.:ad\\atct p1:>(h:tion l111c:;f,; m Qu;mg Tri .. Thua Thicn-lfue, Quang Nam, ()uarm Ngai and Phu Yen provinces with the loan capital r;f the Japan Hank for International Cooperation (JBIC) and the reciprocal capital of Vietnam are stipubtcd as follows: 1 . .II1Vcstmcnt capital allocated by the State budget (the JBICs loan capital and the State budget's reciprocal capital) for planting protection forests shall comply with the:: investment policies stipulated in the Prime Minister's Decision No. 661/QD-TTg of Julv 29, J 998: paiticularly for the pl.;lnting of protection forests in very important and important areas, the investment rate shall be decided by the provincial Peopk 's Conunittecs on the basis of the technical process elaborated by the Ministry of Agriculture and Rural Development and the eco-teclmical norms set by localities. For the planting of production forests bv individuals or households (other than entcrprises).on ·the assigned land, the State shall provide investme1,t support for the first cycle with a level not exceeding VND l . 9 million/ ha; the specific investment rate shall be decided by the provincial People's Committees. 2. TI1c spending rate and amounts from Vietnam's reciprocal capital shall comply with the Finance Ministry's guidance in Circular No. 129/ 1999/TT ~BTC of January 5, 1999. The reciprocal capital shall be allocated from the budgets of the 5 provinces. The reciprocal capital amount set aside forthe Ministrv of Agriculture and RuralDevclopment 's management ;hall be included :iJ.l the Mi11istry's annual budget investment rate. 3. Interests and obligations of households. individuals and communes participating in the project shall comply with the provisions of Decision No. 08/ 2001/QD-TTg of January 11, 2001 promulgating the Regulation on the management of special-use forests, protection forests and production forests which arc natural forests. For forests planted for protection; they shall be cntitkd to enjoy all thinncd~out products, agricultural products and products under the forest canopy. The Ministry of Agriculture and Rural Development shall provide specific guidance on the process, main trees, subsidiary trees and han·csting levels for the above-said planted forests. For the planting of production forests, the forest owners shall be entitled to own and cnjov all products t'.Xploited therefrom. 4. Assignrncnt of tnarwgcnwnt responsibilities The l\:npk's Committees of the provinces in the , 1 : u \;\I 1. t\ZFTT! project :trca:, ~:hall apprcn :rm/ organi,1,.' /he implementation of specific projects under 1h1: t;11idancc of the rninistrics and the JB!C:; n:gulauo11:0; un capital borrm\ing. Article 2.·· To assign the Minister of Agnculture and Rural Development to cbboratc policies, regulations and implementation plans, and joill the ministries, branches and provinces \\ here exists the project in defining the functions. tasks and plans on organizing the project implementation, and to closely coordinate with the .IBIC. Article 3.- ll1e ministers of Planning and Investment Finance: Agriculture and Rural Development: the Governor of Vietnam State Bank, the heads of the concerned rninistrics and branches and the presidents of the People ·s Committees of Quang Tii. ·n,ua ll1ien-Huc, Quang Nam Quang Ngai and Phu Yen provinces shall have to implement this Decision. For the Prime Minister Depu(i• Prime Minister NGUYEN CONG TAN