Decision No. 24/2012/QD-TTg on special-use forest development investment policies for the 2011-2020 period

10 Decision No. 24!2012/QD-TTg of June 1, 2012, on special. use forest development investment policies for the 2011-2020 period Pursuant (0 the December 2.\ 'lO()) !J/H' Oil Organirution ojtl:« Government; Pursuant 10 th« ]O()] Law Oil th e Stat» Budget; Pu rsunnt (/I 111 C 20()4 Low 011 Forest Protection lind Development; Pursuant In the 2005 Investment Law; Pur.IIIWI! to the Government's Decree No. 23/2006/ND-CP of March 3, 2006, on implementation o{t{u: Low Oil Forest Protection and De velopn ICIlI .. IssuenosO-l-fl5/June 21112 (Gong Bao HOS 3'1!-3'J·ll,i'lII< t-t. ::0 i:') Pursuant 10 the (;01 'cm1Jl('/1I 'v D{'('rec .\'0, ) 17/20) O/lv'D-CP or Dccc/liha 2.J-, ]()10. on orgl/I/i;,al;oll and mUllag.l'fll('JI! or til(' s!J('c;aJ useforest svstem; I\t the pronos«! oft!« Minister or Phllll/ill? and JIII'cstmCIII.' TIll' Prime Minister fJl'IilJlI(r.~UI<·s IIIIS Decision Oil sl,celal'll.\c ,1ures( d('\'('lo/JIIIl'{;( (/l\,(SIIlICiIf nalicicsIortlu: ]O! 1-20]0 Ih'I'IOt! Chapter J GENERAL PROVISIONS Article]. Viewpoints on special-usc lorest development investment and inVl'.Sll1lenl promotion I. Special-use forests are national ~ISSc'J:-, Protccti ng and develori nil spcci aI-usc' foresh arc the rcsponsibiliticx ofthe Stal\.; and the elltire society. 2, The Stale invests in Dudding essl'1l1ial infrastructure facililies and phy~icil foundations and assures funds for operation or the IOlest management and protection apparatlls ,lnd lor biodiversity m on i to: ing uud su rvc d l.u.cc . scienti fic research, human resource traini ng. communication and education on fnrest protection, and improvcmc nt of living conditions for inhabitants in special-usc forests and rorcst buffer zones. 3, The Slate encourages the development of forest environmental services and ccotourisin in special-use forests under law in order In generatc revenues to cover expensc:->. increase Issuenos04-0S/.June 2012 (Gong Baonos 39r.N411une 14. 2012) incomes for cadres, civil servants and public employees and gradually replace state budget investments. 4. The State adopts investment support policies and creates benefit sharing mechanisms for all economic sectors and village communities investing in special-use forest protection and development. Article 2. Objectives of special-usc forest development investment and investment promotion policies I. To adopt special-use forest development investment and i nvcstmenr promotion policies so as to increase investment effectiveness. To assure close supervision of special-use forests by management agencies of all levels and, at the same time, promote special-use forest management units' sense of initiative in managing or providing commercial services in special-use forests with a view to increasing revenue sources from these forests on the principle of combining conservation and development. 2. To link special-use forest users' benefits with their responsibilities for forest development investment and forest protection and development so as increase the efficiency of state investment capital. 3. To mobilize various economic sectors to invest in special-use forest protection and uevelopJlJt:ul. To gradually reduce the state payroll and increase the involvement of local communities in special-use forest protection work. 11 4. To invest in special-usc forest development for conservation of the nature, standard specimens of forest ecosystems and forest genetic resources; scienti fie research; protection of historical and cultural relics and scenic places; and relaxation and tourism in combination with protection, contributing to environmental protection. Article 3. Scope of regulation and subjects of application 1. This Decision provides investment contents and criteria; state budget funds for special-use forest management and protection and mechanisms to encourage special-use forest development investment. 2. This Decision applies to state agencies, organizations, communities, households and iudi viduals t:JJgageJ ill spec ia l-usc Iorest investment and development in Vietnam. Article 4. Interpretation of terms 1. Special-use forest management unit is a forest owner that is assigned by the State to manage one or more than one special-use forest under the law on forest protection and development. 2. Buffer zone communities. including all village communities legally residing in areas sbaring a common natural boundary with, OJ lying within, a special-use forest, arc called village communities in the special-use forest's buffer zones. 3. Investment-deciding agencies: Ministries and central sectors, for projects of special-use 12 forest management units managed by ministries or central sectors, or provincial-level People's Committees, fur projects of locally managed special-use forest management units (below collectively referred to as competent authorities). Chapter If STATE BUDGET INVESTMENT IN SPECIAL-USE FORESTS Article 5. Special-use forest development planning and investment projects I. Special-usc forest development planning: Special-usc forc sr management uni ts shall elaborate master plans on special-usc forest development (covering also ecotourism development) for submission to competent authorities for approval: the planning period is 10 years. 2. Formulation and approval of investment projects: Management units shall formulate special-use forest development investment projects in conformity with approved master plans and submit them to competent authorities for a p pr o v a l according to current state regulations on investment management. Article 6. Special-use forest development investment items and criteria Special-use forest development investment shall be made step by step in an economical manner based on investment capital capacity. State budget funds shall be invested in work items in special-use forests according to thc following order of priority: Issue nos 04-05/,111nc 2012 (Gong Beo nos39/-394l.lul/e I{ 20/i) 1. Offices and temporary lodging facilities for starr members: aJ Offices of special-usc forest management units as prescribed in the Prime Minister's Decision Nu. 14711999/QD-TTg uf July 5. 1999, and Decision No. 260/2006/QD-TTg of November 14. 200(). providing criteria and norms for use of offices of state agencies and non-busi ness units; bl Forest management and protection stations with an average area of 200 1ll~/station and other support and auxiliary facilities such as hygienic water and protection fences: cl Temporary lodging tac i li trc s (condominiums) close to workplaces for staff members who do not huvc their own houses ill these localities, with an average norm of 12m~1 person: d/] ndcpcndent power systems (solar pOWCL wind power, hydropower, etc.) in special C~ISCS in which special-use forest management units or forest management and protection stations are 1ocatcd 11l areas not yet connected to the national power grid. 2. Roads: al Roads linking existing mum roads to offices of special-usc forest management units. to be built [0 grade-III, -IV or -V standards in conformity with the grudcs or these roads: bl Internal roads within service administrative sub-zones and <ta ff members residential areas; signposts and forest patrol roads not exceeding 1.5 meters wide', cl Landing stages, to be buiIt in conformi ty Issuenos04·t}S/.Junc 2012 (Cong BaD 1I0S 39/ -394/Jlllle /4, 20/2) with special-lise forest de.vr.lopment master plans and capital balancing capacity, for riverside or seaside special-use forest management units or forest management and protection stations. 3. Fire alarm devices and forest fire prevention and fighting facilities and equipment including: torest tire lookout towers, canal systems, drilling houses, reservoirs and darns. water tanks, firebreaks, fire signs and other fire prevention and fighting equipment and devices under the guidance of the Ministry of Agriculture and Rural Development 4. Works bui Itunder other approved projects including: nurseries-cum-gardens for collection and conservation or nora genetic resources: wildlife rescue and pasture centers; en viron men ta I education ccn rers-curn-gucst h0U~CS; fauna and flora museums; and scienti fie rescarcb facilities. 5. Infrastructure facilities serving ecotourism and euvironmcntu) services, witl1 priority given to tOllrist in fr',I<,;I1'II('1 un' i nvestmcnt projects under approved master plans of special-use forest management units that are piloting the transformation of business sections. Article 7. Non-business funds and special use forest management and protection funds J. State budgct funds for regular non bu sincss activities shall be provided for operations of special-use forest management units as decided by competent authorities, and be allocated within annual state budget expenditure estimates. 13 2. In ~\ddition \0 the r..-:gular non-business funds specified in Clause 1 of this Article, the State shall allocate stable forest management and protection funds for special-use forest management units to take the initiative in hiring or contracting local communities or procuring equipment and devices for forest management und protection work. The average funding level is VND j OO,OOOJh:J/ycar. calculated on the total urea of assigned forests (the specific level shuil be decided by com petcnt agencies). Spending items of this funding source Sh:lfl he approved annually hy competent authorities. :1. Annual plans on spending forest management and protection funds 011 each specific item shall be publicized at special-usc forest management units and copied and sent to their subordinate units. Article 8. Support for development of communities residing in special-lise forests' buffer zones I. State budget funds shall he provided at VND 40 miIlion/viI!age/year to support viIlage communities residing in special-use forest' bu ffer zones in join ing the management of these forests. 2. This funding source shall be spent on such items as: making investment to raise production development capacity (agricoltural and forcs try extension, plant varieties. animal breeds and equipment for small-scale agricultural and forest product processing); supporting the procurement of building materials for villages (for public works such as clean water, lighting 14 electricity, information and communication, roads, cultural houses, etc.). 3. Special-use forest management units shall manage this funding source according to current regulations on management of non-business economic funds. Detailed funding estimates shall be annually elaborated and proposed by villages. Special-use forest management units shall assume the prime responsibility for, and coordinate with commune-level People's Committees in, working with each village for co-approval of these funding estimates (without having to formulate investment projects). Spending plans must be associated with special use forest protection plans and commitments. Special-use forest management units may transfer support funds of viIIages that faiI to properly discharge forest protection tasks to others. Local commurunes shall supervIse the implementation of this provision according to grassroots democracy regulations. Article 9. Funding sources for investment in special-use forests 1.Central budget funds shall be invested in special-use forests managed by the Ministry of Agriculture and Rural Development. 2. Local budget funds shall be invested in locally managed special-use forests. Central budget funds shall be supported for targeted investment in locally managed national parks and speci:Jl-llSl:' forests in border and island districts of localities facing budget difficulties. 3. Revenues generated from service provision and business association and Issue nos 04-05/,Iunc 2012 (Gong Bee nos 391-394/Junf 14. 2(12) partnership, revenues of business sections or joint-stock companies providing services in special-use forests (if any) and revenues from forest environment rents or forest environmental service charges or other service charges by special-use forest management units. 4 Fund, rais~d lawfully from nrz:miz;Hiolls and individuals for special-usc forest development investment. 5. The total investment and non- husiness fund from the state budget for implementation of this policy is estimated at YND S,S()() billion, of which investment capital accounts for 5()%. Chapter III SPECIAL-USE FOREST DEVELOPMENT INVESTMENT PROMOTION Article 10. Ecotourisrn business in spccia 1 usc forests I. The State encourages all economic sectors to make investment to develop ecotourisrn in special-usc forests. '2 Ecotourism development in special-uvc forests complies with approved master plans. the Law on Enterprises, the Law on Forest Protection and Development, this Decision and other current state regulations. a/ In strictly protected sub-zones: It is permitted to build footpaths not exceeding 1.5 meters WIde and tents and plant signposts serving forest patrol and ecotourism activities which, however, must not affect the natural landscape of forests; Issuenos04-05/June 2012 (Gong B80 nos il.)!-iY4lJune u. lOU} b/ In ecological restoration sub-zones: It is permitted to open main roads and build works serving forest protection and development and service-tourism activities. The area of ecotourism infrastructure facilities must not exceed 20'}b of the total area planned for service-tourism activities. of which the area for construction of works serving service tourism activities must not exceed 5%, and that for building of footpaths, stop-spots and car parks, 1SC;'k cJ The area for construction of works serving service-tourism activities in a service administrative sub-zone, landscape protection zone or scrcnutic research forest zone must not exceed 20r,{) of such sub-zone's or zone's total area. Article n. Experimental transformation of dependent cost-accounting ccotourisrn business sections of special-use forest management units into joint-stock companies I. Existing dependent cost-accounting ecotourisrn business sections (tourism centers, tourism divisions, erc.) of special-use forest management units. which earn an annual turnover of over VND 300 million may be transformed into joint-stock companies in which the special-USC forest management units hold the dominant shares representing at least 51r}(! of charter capi tal (below referred to as joint-stock companies). 1. The Ministry of Agriculture and Rural Development shall assume the prime rcsponsibihty for, and coordinate with the 15 Mini stvy of Plnnning and Invesuneut in. selecting a national park under its management and a locally managed national park to carry out the experimental transformation into joint stock companies under Clauses 1,3 and 4 of this Article. 3. The transformation of ecoiourism business sections into joint-stock companies must comply with the Government's Decree No. 59/ 201I/ND-CP of July 18, 2011, on transformation of state enterprises into joint stock companies (below referred to as Decree No. 59/20 lUND-OJ). Special-use forest management units shall formulate and submit transformation schemes to competent authorities for appro vaI.Assets 10 be transferred trom special-use forest management units It> speci a l-use forest de vel oprnent joint-stoc k companie-s ind\l(h~' guesr houses, rights to exploit ecotourism sites. tourist centers. representative offices (including land outside the area of special-use forests) and other assets useful for business activities. These assets shall be valuated under Decree No. 59J2001/ND-CP and current guiding documents: when valuating assets bui It on planned special-lise forest land the land usc right value must not be included. 4. Special-use forest development joint stock companies shall carry out all business acf vities of special-use forest management units (including collection of forest entrance cha rge s). Special- use forest de ve loprnent joint-stock companies shall rent the forest environment at the prescribed floor rents; and rt:llt siglll:scl.:ing places ['Oin special-usc 16 forest management units for business; rents shall be determined by the two parties once every 5 yeal:-' and the ruux imurn lease term is 50 years. Article 12. Lease of special-use forest environment for ecotourism development I. Based on approved special-use forest development master plans, special-usc forest management units may lease the special-use forest environment (in association with land and water surface) to organizations and indi v[duals for ecotourism business but may not outsource the sale of entrance tickets to special-use forest areas other than the area leased to these organizations. 2. rarest environment rents shall be decided hy competent authori tics or determ ined through bidding" for cases in which two or more orgunizutions or individuals propose to rent the forest environment. The initially determined rents shall he adjusted by the two parties once every 5 years but each adjustment must not exceed 2% of turnover. The maximum lease term is 50 years Upon the expiration of the lease term, if the tenant has strictly complied with the signed contract, the special-usc management unit may consider extending the lease term for another 20 years at most. 3. In addition to lease of the forest environment for business purposes, special-use forest management units may also lease the forest environment on a short-term basis for scientific research (without exerting any impacts onthe forest environment). Rents shal! lsSliC nos 04-05/.1line 21112 (Gong Baa110.\ 391 394/1wIC 14. ]Ii11) be agreed upon between involved parties under the law on forest protection and development. 4. Before signing forest environment leLise contracts, special-use forest management units shall take an inventory ol torc st resources available on leased areas for use as a basis I'm lease and supervision acti vitic». 5. The Ministry of Agriculture and Rural Dcvclopmentshall coordinate with the Mi nixtrv of Finance in guid)ng the calcul ation of special use forest rents. Article 13. Special-usc forest development invesuncnr inccnti ves I. Service and investment activities In special-usc forests are chgrblc lor cmcrprise income tax incentives under Article 8 of thl' Government's Decree No. 6911008/ND ('P of May 30, 200R. on policies to encourage socialized activities in the educational. health. cultural. sports and environmental sectors. Besides. special-use forest development invest rnent projec ts under appro vcd master plans are entitled to the highest incentives LInder current state regulat ions. 2.1n case the infrastructure construction land area under an approvc d spccial-use frn est development investment project accounts for less than Y/f, of the special-usc forest concerned. con struction acti v i tic s may be carried ou t according to the approved project schedule. After completing investment in the project or upon the local five-year land usc planning ]Jeriod, the special- usc [UI esL management un i [ shall carry outprocedures forchange ofthe 1<111U IssuenosH4-05/Junc 2Hl2 (C6ng Bao 110.1 391-394/jullt' 14. 2012) lise pllrpo!';(' OilC(~ for :lll land-occupying work items at competent authorities for approval. 3. Special use forest management units may usc dead plants and animals collected in areas under their manage mcnt (w ith certification of distnct-lcvc] forest nl11ger and police forces) for forest management and protection, scientific research or ecotourism development purposes. Before using these plants and animals, special UjC forest management units shull report on such usc to competent authorities. Article 14. Usc of proceeds from ccotourism activities in special-usc forests All revenues. including revenues from service provision, lease of the forest c n v ir o mneut alit! cullectiull of [o r c s t environmental service charges (LInder Decree Nn l)l)I!() Ifl/ND-CP\. profits shared from husiness associations and partnerships, profits of special-usc forest management units in special-Lise forest development joint-stock compunies (if any) and other lawful revenues, may be used as follows: 1. 2S'X-, of these revenues may be used to replace state budget non-business funds arid forest management funds specified in Articles 7 and 8 of this Decision. After state budget allocations are wholly replaced, the remainder (if any) may be spent on the items 'specified in Clause 2 of this Article. 2. The remaining 75CX:,. may be used by special-use forest management units on the following items according to the following order of priority: 17 al Salary increase for their staff members but the total salary level (including the basic salary and support amount) J1l11S1 not exceed ~.5 times the prescribed basic sal<l1). hi Provision of support for dcvelupmcn: of communities in special-usc forests buffer ZOnes (under Article f\ of this Decision): cJ Investment arid ecntounsrn development ucuvitics: dl Deduction to set up l"lInds under the Government's Decree No. 43/2()()6IND-CP of Apri125. 2006. providing public no n-buvine.ss units' autonomy and accountability fur their tasks. orgunizationa' apparatus, payroll and finances. Chapter IV ORCANIZATION OF IMPLEMENTATIUi\i Article 15. Responsibilities of ministries, sectors and localities l . The Ministry or Agriculture and Rural Development shall: ai Inspect and supervise the implementation of this Decision and annua] Iy send supervisory reports (0 the Prime Minister, the Ministry of Planning and Investment ~lnd the Ministry of Finance; bl Formulate and promulgate criteria for annual evaluation of special-use Iorc st management and protection work. 2. The Ministry of Planning and Investment shall: aI Assume the prime responsibility for, and 18 coordinate with the Mimstry of Finance and the Ministry of Agriculture and Rural Development in, balancing development investment capital for submission to the Prime Minister for decision; bl Perform the state management of investments in spcci al-use forests; and coordinate with the Ministry ofAgriculture and Rural Development, the Ministry of Finance and provincial-level People's Committees in, inspecting and supervising these investments; c/ Guide the implcmeutation of Article 11 of this Decision; dI Make comprehensive evaluation of this policy in all economic, social and environmental aspects once every 3 and 5 years for reporting to the Prime Minister for its amendment and supplernenturion, 1. The Ministry of Finance shall: aIAssume the prime responsibility for. and coordinate with related ministries and sectors in, balancing and assuring non-business funds and forest management funds for ministries, sectors and localities; and clearly indicate expenditure i tc ms on special-use f'or e s t development in annual budget expenditure plans for submission to the Prime Minister for approval; bl Guide in detail the spending contents and levels specified in Articles 7 and 8 of this Decision. 4. Provincial-level People's Committees shall: aI Within 2 years after the effective date of Issue no~ 04-05/,June 2012 (Cong Baol/os }91-394/Junc 14, 2(12) this Decision, chairpersons of provincial-level People's Committees shall grant land use right certificates to 3pcciul-usc forest management units in their localities which have not yet obtained such certificates; bl Assure sufficient investment funds and forest management non-business funds according to Articles 6, 7 and 8 of this Decision for management units of locally managed special-use forests under the law on the state budget: cI Direct special-usc forest management units to formu late master plans and investment projects for approval according to rcglliation~: d! Direct. organize, inspect and supervise the implementation of this Decision in t hc i r localities, In the first quarter of every year. send reports on the implementation of this Decision to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment and the Ministry of Finance for summarization. Article 16. Investment management and supervision 1. Capital construction planning and investment management comply with the currcnt state regul arions. Speci al-use forest management units shall formulate and submit to competent state agencies for approval, and organize the implementation of, master plans. plans, pi ugraIllS and PIU.iCLt.~ lu i livest in special usc forest protection and development; and act as investors of state budget-funded work construction projects in assigned special-usc Issue.nos 04·0s/ rune 2012 (Gong Beo 1101'391-394//ulIl' 1{ 20/2) forest areas. 2. Special-usc forest management units shall hear full responsibility before competent agencies for the use of state budget investment cup it al . J~SLlJ ing thut this capual source is economically and effectively used for proper purposes and proper beneficiaries. 3. Special-use forest management units shall make biannual and annual supervisory reports all the implementation of strategies. master plans and plans on, and finances arising from, thci r lease of the forest environment, and send these reports to investment-deciding agencies and relevant provincial-level agencies. 4.Competent state agencies shall supervise investment and forest management and protccuon activmes of special-use Iorest management units according to regulations. Article 17. Implementation provisions I. This Dcci sion lakes effect on July 20, 2012. 2. All previous regulations contrary to tl1 is Decision arc annulled . .L Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decision Prime Minister NGUYEN TAN DUNG 19