Joint Circular No. 58/2008/TTLT-BNN-BKHDT-BTC guiding the implementation of the Prime Minister’s Decision on objectives, tasks, policies and organization of implementation of the 5 million hectares afforestation project in the 2007-2010 period

14 OFFICIAL GAZETTE Issue nos11·121May 2008 (Gong Bao nos 331-3321June 1,2008) THE MINISTRIES INTER· MINISTERIAL THE MINISTRY OFAGRICULTURE AND RUBALOEVEWPMENT· THE MINISTKYOF rLAliNINGAND INVESTMENT THE MINISTRY OF FINANCE JOINT CJRCULAR No.58J200&fITLT·BNN· RKHOT..RT(; OF MAY 2, 2008, GIJlDrNG THE IMPLEMENTATION OFTHE PRIME MINISTllR'S DECISION ON OBJECTIVES, TASKS, POLICIES AND ORGANIZATIONOF IMPLEMENTATION OF THE FIVE MILLION HECTARES AFFORDTATION PROJECT INTHE 2007· 2010 PERIOD Purs/JlWlt tothePrimeMinistersDecision No. 661IQD.1Tf( of July 29, 1998, on objectives, tasks, I10licies and organization of implemsecation of the five million hectare offoresuuionproject, and Decision No. 100/2007/ QD-TT§ ef July 6, 2001, amending and supplemen.ting a number ofarticles ofDecision No. 66JJOD-TTg; The Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment and the Ministry of Finance jointly guideanumberofcontents ofthc Prime Minister's decision on objectives, tasks, policies and organization ofimplementation afthefive million hectare afforestation protect in the 2007-2010 period asfollows: I. PERFORMANCE OF THE PROJECT'S TASKS WITH REGARD TO DIFFERENT KINDSOF FOREST L Special-useforests: aJ Forest owners being management units of national parks or nature reserves shall organize forestprotection withtheirownspecializedforces. The comracttngof forestprotecuon may be used only in areas where specialized forces are insufficientto ensure that One on-payroll ranger will take charge of 500 ha (under the Prime Minister's Decision No. 18612006/QD-TIg of August 14, 2006). In special cases in which special-useforests are not large but inhabited by a large number of people andexposed to a high danger of infringement, the Ministry of Agriculture andRuralDevelopmentmayconsider and approve investmentin forest protectionon a contractualbasis; bl Afterreviewingtheplanningon special-use forests and their functional LUUCl>, lIuu-fulCl>taI~ where forests need to be restoredwill besubject to theapplicationof the method of zoningoff for tending and natural regeneration. The zoning off of forests for tendingandregenerationcombined with additional afforestation will apply only to ecological restoration zones and when research results aresuccessful and havebeen acceptedby a specializedscientific council; cl Afforestation will apply only to botanical collectiongardens, coastalSpecial-use forestsand (ifreaUy necessary) areasofecological restoration zones where forests cannot naturally be regenerated; d/ The stabilization and arrangement of inhabitantsin special-use forestscomply with the schemes of the Ministry ofAgriculture andRural Development or schemes of provincial-level © VIETNAM LAW & LEGAL FORUM Issue nos 11-12/May 2008 (C6ng Baanos 331-332/June 1, 2008) OFFICIAL GAZETTE 16 People's Committees which havebeen appraised by the Ministry of Agriculture and Rural Development. 2. Protection forests: aJ With regard toscatteredandsmall protection forests (under 500 ha) in differentzones or plots, provincial-level Agriculture and Rural Development Servicesshalldirect protectionand special-use forestmanagementunitstoreviewand separate these forests from the forest areas under their lmUlagcHlellt, and .iUHllc\Jiatdy cOlllIJile dossiers on these forests and submit them to competent agenciesfor forestassignmentor lease in association with the grant of land use right certificates.Priority shallbe given to localvillage communities andhouseholdsas wellas non-state organizationswhichare plantingforestsor zoning off existing forests for tending and protection undercontracts. The State will no longer invest in the protection of these forests on a contractual basis but will mainly permit fUlt::;l protectors tu enjoy benefits from these forests; bl With regard to protection forests areas already assigned to rural village communities or householdsthathavenotyet receivedany benefits from those forests, and areas which are highly sensitive in termsof forestprotection,provincial­ level People's Committees shall decide on the provision of partial supports for forest protection from centrally allocated funds for forestprotection on a contractual basis; cl Forest owners being protection forest management units shall themselves organize the protection of protection forests. The State shall invest in forest protection contracting only for protection forests in the regions where forest pmteclion sees. many rlifflClllties, forest loss is at high risk and protectionforests which do not yet bringabout regular benefits. Withregard to protection forests which bring about regular benefits as prescribed, if it is necessary and upon demand of local people, protection forest management units may assign them to individuals, households ororganizarions for protection on a long-term contractual basis without rccciving annual {O['(;St protection money from theState; d/With regard tonon-forestland~planned for protection forests on which for~s can be naturally restored, the measure of zoning off forests for tending andnatural regeneration wiU apply. The measure of zoning off forests for tending and regeneration combined with additional afforestation will apply only to protection forests which had been additionally planredin 2007 and before; eITheplanting of new protectionforests will apply only to the regions where forests cannot natui ally be restored Such as on bare land, uncultivated sandsoil,submergedlandor alkaline soil.Priorityshallbe giventoafforestationprojects in coastal protection areas against sand flying or sea tides, for theprotection ofreservossanddams or key hydropower plants, and projects to plant borderproteetion forests; fJ Thetree structureand the adjustmentof tree density for protection forests, including the exploitation of auxiliary trees and pruning of major treesmust complywith the guidanceofthe .Ministry ofAgricultureand Rural Development; g/ Based on results of the review of the planningon three kindsorrorests under thePrime Minister's Directive No. 38/CT-TIg, localities shall make detailed plans on map and the field to identify land areas for planting protection forests (detailed to each forest land plot), clearly e VIETNAM LAW &LEGAL FORUM OFFICIAL GAZETTE Issue nos 11-121May 2008 (Cufl9 Bau IIOIi 331-33Z1June I, 2008) identifyingpriorityareasfor thenext 3 years. 3. P.-odUl,;UUlI forests: aJ Domestic organizations, households and individuals that plant production forests or ~ trees,exploit and process forestproducts shall be considered for support under the Prime Minister's Decision No. 147/2007!QD-ITg of September 10. 2007. on a number of policies to develop production forests in the 2007-2015 period; bl Forestry companies, forest farms, enterprisG economic organizations, investorsand housebvlds involved in afforestation under raw material forest planting projects approved by competertl authorities may borrow capital trom the Vietoom DevelopmentBank. 4. Principles on the placement of forest boundarj landmarks: aJ Forest owners shall themselves place landmarks to manage forests; state budget funds will be alJ.ocated for the placement of landmarks of species-use forests and protection forests belonging to theState. With regard to production forests, forest owners shall bear landmark placemet'll costs; h'Landtnarks shall only be placed to delineate thp 'h-:dmrbry between fnTP dland and other land orbetwee!l. special-use forests and roads to serve also assijMoards; cI For protection forests, in order to avoid w35tC. landmarks shall be placed only in areas where boundaries are not easy to recognize or disputes are easy to occur; cJJ The way of placing landmarks, codes and places oflandmarks of each kind offorestscomply with the guidance of the Ministry ofAgriculture andRural Development. II. CONTENTS AND LEVELS OF rNVF,STMF:NT 1. 5% of the project's fund for forest management and protection shall be used for the following jobs: aICompiling dossiers on forest assignment in association with allocation offorestland under the five million hectare artorestanon project (completed dossiers include also land use right certificates) to organizations, households, individuals and village communities. The average spending level is VND 200,OOOlha and specific levels shall be set by provincial-level People's. Committees; bl Providing information, conducting propaganda to raisepublic awareness about forest protection. The spending level complies with currentregulationson non-businessadministrative expenditure; cl Organizing professional training and retrainingon forest protection tortorestproteetion forces, militia forces orpeople's guards in hamlets and villages. The spending level complies with current regulations on non-business administrative expenditure; dJ Paying duty allowances to commune officials, organizing forces in charge of forP<:t protection, forest fire prevention and fighting, prevention and control of forest pests in the areas covered by the five million hectare afforestation project. Spending levels comply with current regulations; elThe 5% fund should not be equally allocated to grassroots projects; based on the actual conditions of each locality, provincial-level People's Committees may consider specific allocation levels fur project management units at © VIETNAM LAW& LEGAL FORUM (HYO nos 11-121MJy2Q08 (GOng 880nos 331-332/JIJ!J81, 2COB) OFFICIAL GAZETTE f7 different levels and ranger units to perform the abovementionedtasks. With regard to projects of ministries or branches, those ministries or branches shall decide on specific allocation levels applicable to their attached project management units and ranger units. 2.Forestprotectioncontracting: aJ The fund for forest protection contracting shall be spent on the protection of special-use forests, protection forests beingnatural forests and forest plantations which have gone through the capital cons truction period bu t still need protection; scientific research forests under schemesfor which fundshave run out butwhich should further be monitored, as well as state­ owned seedling' forests and gardens; bl Forest protection contracting must be conducted through medium-term contracts (of threeor five years). Newcontractswill bevalid through 2010 and existing contracts may be extendedtill the end of 2010. Contractassignors willbe stateforestowners, includingmanagement unitsofspecial-useforests and protection forests and non-business units assignedto manage forests. Withregardto forest areas directly managed by commune-level People's Committees, contract assignors willbe project management units under district ranger offices but the contracts must be certified by commune-level People's Committees. Contracts which have been signed by grassroots project managementunits forforests ofstateforest owners mustbe re-concluded according to thisprovision. Contract assignees wiU be localhouseholds or Village communities orgroupsofloca1households (in case etnmc minority people WIsh to pertorm contracts in groups) or local armed forces (for border forests in uninhabitedcommunes); in some cases, if permitted in writingby their imrnediate superiors, contract assignors may sign contracts with local individuals or commune or village officia.ls to organize mll-nme forest protection forces and make payment for them fromthefunds forforest protection contracting. III L:i1st: coutracts are assigned to noa-srare organizations, contractual funding ~J not be allocated and the contract assignees wiH be allnwad to riireetly enjoy forest benefits accerding: to regulations for longcontractual terms. Contract assignors shall annually fest faest quality and assess the results of contract performance by each contract assignee, with certification of local forest rangers, hamile violations in accordance with law and liquidate contractsincaseof loss of forestsorwduction in forest quality. Contract assignors ~all also regularly inspectand urge related.local parties to ensure that forests arc uot infringed upon; cI Results of annual testsshallbe certified by both thecontract assignors andassignees-toserve as a basis ioc capital paymcnt and seIikment by the management board of the five million hec$re afforestation project; dfThe average level ofsupportfrotnthcc:enlml budget to local budget for forest proreetiot1 contracting is VND lOO,OOO/haJY"f. The contractinglevel for each specific loeality shall be decided by the provincial-level people's Committee as appropriate to the actual local situation (except for localities subject to other regulations of thePrimeMinister), andthemoney amount and forest area contracted to each householdmust be publicizedat commune-level People's Committee offices; eJ The central state budget supportfor forest © Vlt INAM LAW <$; U::GAl rURUM 18 OFFICIAL GAZETTE Issue nos1'-12/May 2008 (rJmO RAn nn~ ?'H· 'l.~?J}lI'lE' 1, 2OOR) protection contracting shall accord with the allocation plan of the five million hectare afforestation project; if a local forest area to be contracted increases compared to the allocation plan, the provincial-level People's Conunittee shall use the local budget to supplement the fV1C~l protection contracting fund. 3. Zonfng off for tending and regeneration of VIult:t.:uuu Iorests ami special-useforests: aI The: areas of protection and special-use forests ton: zonedofffor tending andregenemtion which arc mcludcd in the approved annual plans areentit1edto anaverage investment levelofVND UX),()()()/h&'year. The levelof investmentforeach specific tocalitv shall be set by investment­ deciding agencies based on practicalconditions; hi The zoning off of forests for tending and regeneration combined with additional afforestatialisentitled (0 an average investment level of VND 2 million/ha/6 years. Details on technicaleeasures and specific investment levels comply with me designs and COSt esnmares approved by investment-deciding agencies or their authorized-professional bodies; Q/At tho cndof the zoning and tending period, provincial and grassroots project management units shall organize the assessment of the results and manage and protect the forested areas under the guidance of the Ministry of Agriculture and Rural Development. Those forest areas shall be reported in annual forest statistics according to regulations. 4. Afforestation: aJ For special-use forests: The structure of trees and their density and investment levels comply with the designs and cost estimates already approved by investment­ deciding agencies on the basis of bio-forestry econo-technical noons set by the Ministry of Agriculture and Rural Development. Investment­ deciding agencies may authorize theirprofessional bodies to approve those noons. The design consultancy and afforestation comply with current regulations on bidding. Afforestation bidding packages shall be executed from the afforestation stage till the end of the forest tending period; In case the approved level of investment in afforestation is VND 6 millionlha (for both afforestation and tf"nr!ing in the subsequenryearc). forest owners shall themselves conduct the afforestation or contract afforestation in phases or till theforests areformed (theymayproduce or procure seedlings but must comply with the procedures for managementof the quality ofplant varieties). The level ofinvestment in afforestation and forest tending In the [mil year will be around 60-70% of the total investment amcuat; the remaining 30-40% shall be distributed to subsequent years. The ~.cific If''w·:I,, shall be set by investment-deciding agencies. hi For protection forests: Tn CnS~ forest land areas planned for protection forests which have been assigned on a stable and long-term basis to households, individuals, village communities and non-state organizations that voluntarily participate in afforestation, they will be entitled to a support of VND 6millionlha for both afforestation and forest tt:;mlillg ill the subsequent years and wlll benefit from forests according to current regulations. Grassroots project management units shall organize the formulation nftechnical designs and approve those designs according to afforestation technical standards set by the Ministry of Agriculture and Rural Development, then conclude contracts on support for the planting of © VIETNAM LAW& LEGAL FORUM Issue nos 11·121May 2008 fCOna Baa nos 331-332JJune 1. 2(08) OFFICIAL GAZETTE 19 protection forests with households, individuals, villagecommunities and non-stateorganizations for implementation; Withregard to large consolidated landareas planted with protection forests under the direct management of state forest owners: The levelof investmentin afforestationshall becalculated. on the basis of bio-forestry econo-technical norms set by the Ministry of Agriculture and Rural Development; the specific level of investment, mode,methodand time of afforestation andforest tendingineach area mustcomply with thedesign and cost estimate already approved by the investment-deciding agency or its authorized professional body. The design consultancy and attorestationon the consolidatedforest landareas of theabovestateforestownersmust complywith theBiddingLaw.Afforestationbidding packages shall be executed from the stage of afforestation till the end of the forest tending period; In case the approved level of investment in nffnre<;tation is at most VND 6 millionlha (for both afforestationand forest tendingin the subsequent years),forestownersshallthemselvesconductthe afforestation orcontracttheafforestation inphases until planted trees grow into forests (they may produce or procure seedlings but must comply withtheprocedures formanagementof thequality uf plant variertes). The level of investment in afforestation and forest tending in the first year will be equal to 60-70% of the total investment arnount the remaining 30-40% shall be distributed tosubsequent years. The specific levels shall be set by investment-decidingagencies. 5. With regard to ethnic minority households mentioned in the Prime Minister's Decision No. 134/2004/QD-TTg of July 20,2004, which are involved in the five million hectare afforestation project, provincial-level People's Committees shall regulate and integrate capital sources of programs or projects in each province in order to provide supports at proper levels to proper beneficiaries in accordance with Decision No. 134!2004/QD-TIg. 6. The supply of food for afforestation in replacementof milpa farming must comply with the guidance of the Ministry of Agricuknre and Rural Development and theMinistry ofFinance. 7. 10%of theproject's totalbudgetjrwestment will be used for building infrastructure III direct service of the management, protection and developmentof special-use forestsandprotection forests. The specific level of investment in each project shall be approved by [he concerned ministry or central branch (for centrally run projects) or by the provincial-level People's Committee (for lnc.nlly run projects). Infrastructure worksshallbebuilt in t.he following order of priority: at Building and upgrading forest protection stations (including auxiliary works and clean water supply stations), works for the prevention of forest pests, forest fire prevention and fight (firebreaks, fire-watchtowers,signboards, canals, water tanks, wells and small-sizedreservoirsand dams to store water for forestfIre exti"l'lishment in the my M::~UII); bl Building or upgrading nurseries, seedling gardens, seed] ingforests or transformedseedling forests: Provinces shall take the initiative in working out schemes and making investment in forest plant varietiesin theirrespective localities, get those schemes approved hy provincia...t~Vf':I People's Committees after they are appraised by the Ministry of Agriculture and Rural Development in terms of their conformity with the nationalplanningon thesystemof forestplant © VIETNAM LAW & LEGAL FORUM 20 OFFICIAL GAZETTE Issue nos11-121May 2008 (Gong Bao nos 331·3321June 1,2008) varieties; cI Building, renovating and upgrading the system of forestry roads as identified in project plans already approved by competent authorities (trunk roads inprotectionandspecial-use forests); dJ Investors shall themselves organize the buildingof small-sized infrastructure works (of underVND 100millioneach) according to model designs and on the basis orrecnntcat designs and cost estimates already approved by investment­ deciding~encies or theirauthorized bodies; cJIn~ the total investment in infrastructure works exceeds 10% to meet local demand, the differencemaybeoffsetwithlocalbudgetsources as decided by provincialPeople's Committees. 8. US\) of2% of the project's fund for forestry extension activities: alThi.$ fund shall be allocated only to projects involving afforestation activities and first of all for grassroots project management units to sign contracts with sufficientsite technicians to carry out local forest extension activitiesat a spending notm of VND l00,OOOlha of new forest. Site technicians will be responsible for providing rechnical.instructionsfor forest growers and test thequality of forests according to regulations of the Mirustry of Agriculture and Rural Devclopmont. The contractual terms and wage levels shall be set by investment-deciding agencies; hi Investment-deciding agencies shall allocate theremainingfundforforestry extensiontraining; provision of information and organization of ~anda on forestry extension, development of recognized new models of planting seedling forests and organization of visits to thesemodels across the country. The spending levels comply with the current guidance on agriculture and forestryextensionof the Ministryof Finance and the Ministry of Agriculture and Rural Development. 9. Theprojectmanagementfund willrepresent 10% of the total budget investment fund for projects, 0.7% of which is to be allocated to ministries and centrally run branches; 1.3% to provinces and 8% to grassroots project owners. Spending comems cover the appraisal and approvalof projects;organizationof preliminary and final review conferences; emulation and commendation work; stationery for direction and management activities; necessary equipment; management and administration work; salaries and salary allowances for project management units; work trip allowances; annual capital settlementand settlementupon the completionof projects. Particularlyfor the0.7% of the central budget fund: Besidescoveringtheabovecontents,it shall also be used for the formulation of a number of urgent mechanisms aud policies Ior the Il VI:: millionhectareafforestation projectanda number of project implementationtasks setby thecentral project management hoard. Spending plans must be approved by the central project management board and spending levels will be set by investment-decidingagencies. 10. Fund for review and planning of the three kinds of forest and review, formulation of grassroots five million hectare afforestation projects, and placement of forest boundary landmarks: aJ Using the remaining capital of the five million hectareafforestationproject in the 1999­ 2005 period; bl In provinces where the remaining capital amount 1S not available or not enough, annual © VIETNAM LAW & LEGAL FORUM Issue nos 11·121May2008 (COna BaD nos 331·332/Juoo 1. 2OOB) OFFICIAL GAZETTE budget allocations for the five million hectare afforestation project to theprovincesmaybe used Spending levels comply with current regulations and cost estimates approved by provincial-level People's Committees. II. Designing charges ofbio-forestry items: aJ Charges for designing and compilation of dossiers for contracting forest protection and zoning off natural forests for tending and regeneration shall be paid only in the first year from the fund for those items in that year. The average spending level is VNV :.1U,UUO/ha, and thespecific levels shall be set byprovincial-level People's Committees; lJl Designtng charges fur arroresunton aud zoning offof forests for tendingandregeneration with additional afforestation shall be calculated on the basis of econo-technical norm" promulgated by the Ministry of Agriculture and Rural Development and the unit prices (or cost estimates) for afforestation. 12.Regulationson financialmanagementand capitalpayment dossiers: Capital shall be allocated through state treasuries according to current state budget management regulations. Investors may open accountsat statetreasuries convenientforpayment control and transactions. Capitalpaymentdossiersandbasicdocuments of projects comply with the guidance of the Mrmstry of Finance. l3.Advancement and payment of capital: aJ After signing contracts, items of the five million hectare afforestation project are entitled to capital advanceof at least50%of thecontractual value; blCapital shall be arrangedfor projects under three-yearplansanddetailedforeachyear Capital allocation under a yearly plan shall be made for completedvolumesuntil December SI of theyear, the before-acceptance test, payment and settlementdurationfor investorsmay last through March 31 and capital payment by ~ldlt: treasuries may last throughApriJ30 of the subsequent year. Theremainingcapitalamountshallbe transferred to the subsequentyear: dTherecovery of advancedcapital allocation and paymentof capitalcomplywith theguidance of the Finance Ministry. Those funding amounts, namely, '10% for management; 10% for capital construction, 2% for forestry extensionand5% for forestprotection and management,shall becalculatedon the basis of the total annualallocationsto each localityand, if not used up, may be transfertrd to the subsequent year or used for the compilation of land or forest allocation dossiers under Point a, Item 1,Section II of this Circular. 14. SCUklllClI1. The annual settlement of investment capital and settlement upon the completion of projects comply with the Finance Ministry's gUrQanC0 and regulations on settlementof investment capital. UI. BEFORE-ACCEPTANCE TESTAND HAND-OVER OF FORESTS. STATISTICAL REPORTS 1.The before-acceptance test of l:ia-forestlV investment items must comply with regulations of the Ministry of Agriculture and Rural Development. Forother investmentconstruction items, currentstateregulations must be compiled with. 2. The hand-over of forests at the end of the bio-forestry capital construction investmentperiod © VIETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE Issue nos11-12JMay 2008 (Gong BaD nos 331-332/Juoo 1,2008) shall be carried out in the last before-acceptance test time; itemsshallbe handed overon thebasis at then-actualqualrtyandquantityandcomparison with the approved design dossiersas well as forest criteria promulgated by the Ministry of Agriculture and RumI Development. If, in the last test time, forest plantationsstill fail to meet forest criteria but possible to develop into forests, a record shaft be made recognizing their status. Pending tire subsequent test and acceptance of forests afterforest plantation meetthesetcriteria, grassroots project management units shall consider and decide on whether to continue the protection and report thereon to provincial, ministerial or branch project management units for-decision. 3. Reporting regime: aJOn the 22nd every month, project owners shallmakebrief'reportson implementationresults and volumes achieved in the month and from the beginningofthe yearas wellas capitalallocations to provinctal-lcvcl project management units; hi By the 25th of every month at the latest, managing agencies (provincial, ministerial, central-branch management boards) shall make and sendrronthly sum-up reports to the standing bodyof'the.central project management board. cI On 'the 28th of every month. the standing body oftbe central project management board shall make and send a sum-up report to the Minister of Agriculture and Rural Development and to all members of the central project management board (by email); dI The Ministry of Agriculture and Rural Development shall make biannual and annual sum-up reports through the central project management boardbeforesubmittingthem to the Prime Minister and send them to thegovernment agencies in charge of synthesis (the Ministry of Planning and Investment and the Ministry of Finance). IV. FORMULATION,SYNTHESISAND ASSIGNMENT OF PLANS 1. Fonnularion of 2008-2010 plans: aJ Basedon thePrime Minister's DecisionNo. lOO/2007/QD·1Tg of July 6. 2007, and this Circular, provincial-level People's Committees shall direct the formulation of 2008-2010 medium-term plans,includingafforestation plans, plans on zoning off forests for tending and regeneration and other plans to be sent to the Ministryof Agriculture andRural Development the Ministry of Planning and Investment and the Ministry of Finance. The Ministry of Planning and Investment shall assume the prime responsibility for, andcoordinatewiththeMinistry of Agriculture and Rural Development and the Ministry ofFinancein,summingupand balancing the plans andreporting them to the Prime Minister for decision to assign the project's plans for the next 3 years to ministries,branches and localities for implementation. Plansmust be assignedin the third quarter of 2008; b1Within 30workingdaysafterbeingassigned the3-yearplans,ministries, branchesandlocalities shall furtherassign those plans toeach grassroots project, specifying capital amounts and tasks in each yearforeach project Plan assignmentresults shall be sent to the Ministry of Agriculture and Rural Development, theMinistryof Planningand Investment and the Ministry of Finance for supervisionand monitoring. 2. Provincial plans cover the following contents: aJ Assessment of results of plan © VIETNAM LAW& LEGAL FORUM Issue nos11·121May 2008 (rIma Ran 1JIl.<: .111.3.1:JLJllnp. 1. /008) OFFICIAL GAZETTE implementation in 2006 and 2007 (based on the assigned plans, items fundedby otherinvestment sources and involving other economic sectors); b/The 2008-2010 plan, including investment capital sources,identifyingtasks and statebudget investment capital for the five million hectare afforestationproject: + Norms on forest protection and zoning off of forests for tending, including areas where additional afforestationis conducted in the year. +Afforested areas, including: *Areas of tobe-plantedand-tended protection forestsand special-use forests(including supports for non-stateentities to plant protection forests ); + Areas of to be-planted proaucnon forests of differentkinds: raw material forestsfor industries (to supply paper raw materials, wood chips, artificial boards...), pit-prop timber, big logs, and specialtyforests. +Structureof capital sources; + List of projects and specific tasks. 3. Inspection Investment-deciding agencies,functional and local agencies as well as state treasuries shall inspecttheinvestors' implementationofplansand observanceof financialmanagement regulations, promptly report problems in the management, allocation and payment of capital to the Finance Ministry, theMinistry ofPlanning andInvestment, the Ministry of Agriculture and Rural Developmentandthecentralprojectmanagement board of the five million hectare afforestation project for handling. v. RESPONSIBILITIES OF RELATED AGENCIES 1. The Ministry of Agriculture and Rural Development aJ To sum up plans and the implementationof the project and report thereon to the Prime Ministerfor submissionto theNational Assembly; blTo provide guidance on thefunctions, tasks and powers of project management units at all levels; cl To build up a software inforrnatiert system ofprojectmanagement for publicusenationwide, ensuring the management of every to! of fcrest, plantationandforestownersunderthefive million hecr.are attorestatton project; dI To work out a planning on the national systemof forest plant varietiesand publicize it in 2008, el To guide the allocation of 'forests in association with allocation of forest land to organizations, individuals, households end rural villagecommunities; flToguide technicalprocesses and .-egulaOOns for application to the five mitlioe hectare afforestationproject; gl To guide the placement of boundary landmarks for forests of all kinds: hi Toreport on the annual settlementofcapital and settlementof projectsupon theircmnpletion. 2. The Ministry of Planning end Iovestmcnt: aJ To guide the mechanism of formulation. assignmentandimplementationof the2008~2010 plan of the five million hectare afforestation project; blTo assume theprime responsibilityfor,and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Finance in, reporting to the Prime Minister on the arrangement of adequate budget capital for the project implementation. © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos11-121May 2003 (Gong Baonos 331-3321June 1, 2(08) 3. The Ministry of Finance: aI To guide the mechanism of management and allocation of state budget capital to the five million hectare afforestationproject in the 2007­ 2010 period; bITocoordinate with theMinistryof Planning and Investtnentin arranging enoughbudgetcapital for the project implementation. 4. Provinces,ministriesand branchesinvolved in theprujt£t: aITo take responsibility for their investment decisions. Afforestation plans of a year, if not accomplished, may be implemented in the subsequent-yearbut mustensure the achievement ofthe three-year plan targets; WTo take overall responsibilityfor the results of implementation of projects under their management: guide, inspect and urge investors to implement the assignedplans, receive and use capital far proper purposes and according to regulations cI Toassigncapitalplansto grassrootsprojects according10 the total capital level and structure and the lUi of projects arranged by the State; dIToreport: on the annualsettlementof capital andsettlement of projects upon theircompletion. 5. POWfiS and responsibilitiesof investors: aJ To implement projects strictlyaccording to their assittned tasks, ensuring tempo and quality according to current regulations; bITomutuallyadjust bio-forestryitemsunder annual plans so as to ensure the project implementationprogressbut mustfulfill the thee­ year plan targets. To be allowed to transfer the volume and capital of other tasks to afforestation activitiesunder the assigned3-yearplans.Before making such adjustment, to send adjustment reports to investment-deciding agencies and related agenciesand, if receiving no reply within 30 working days, to beallowed to implement the adjusted plans; d When a completed work volume meets contractual condltions, (0 promptly conduct before-acceptance test,compilea paymentdossier and request payment for the contractor on schedule; d/ To receive and use capital for proper purposesandtoproperbeneficiaries in anefficient manner; el To report and settle investment capital according to current regulations. 6. Provincial-level Planning and Investment Services: aJ To advise provincial People's Conunittees on thesupplementation andbalanceof investment capital sources for forest protection and development to ensure the achievement of the state-assignedtargets; bl To join in councils for appraisal and settlementofcompleted projects. 7. Provincial-level Agriculture and Rural DevelopmentServices: aJ Permanent members of provincial project managementboardsshall adviseprovincial-level People's Couuuittees 011 the direction and administration of the five million hectare afforestation projectin theirrespectiveprovinces, ensuringthefulfillment of thecentralgovernment­ assigned plans; bITocoordinatewithprovincial-level Finance Servicesandmembersof theprojectmanagement board in examiningannual settlementreportsand settlementofcapital upon project completion for submission to provincial-level People's COmmittees for approval. © VIETNAM LAW & LEGAL FORUM Issue nos11-12!May2008 (GOng Baanos 331·3321June 1, 2008) OFFICIAL GAZETTE 25 8. Provincial-level Finance Services: aJ To assume the prime responsibility for, and coordinate with related agencies in, appraising settlements of locally managed projects before submitting them to provincial-level People's Committees for approval; bl To guide the order and procedures for liquidation of unsuccessfully planted forests or lost rUH::~~ andluuul-over uf forests to theirowners upon the completion of projects or when forest plantations have turned into forests. 9. Stare treasuries: aJ Based on the arranged capital sources and prescribed regime, to control and allocate capital in time tu investors; bl To make annual reports and capital settlements according to regulations. VI. REORGANIZATION OF GRASSROOTS PROJECT MANAGEMENT UNITS IN DISTRICTS Grassroots project management units which do not directly manage forests (which are being managedby commune-levelPeopie'e'Ccrcmitteee or these units have been set up by district-level People's Committees) must be transferred to district-level ranger offices for uniform implementation of projects to plant protection forests and projects on support for the planting of production forests. VII. IMPLEMENTATION PROVISIONS This Circular replaces Circular No. 28/19991 TT-LT of February 3, 1999, guiding the implementation of the Prime Minister's Decision No. 66l1QD-TTgofJuly 29, 1998, on objectives, tasks, pohctes and organization ot implementation of the five million hectare afforestation project. This Circular takes effect 15 days after its publication in ''CONG BAD." Any problem arising in the course of implementation should be reported in writing to the Ministry of Agriculture and Rural Development, the Ministry of Finance and the Ministry of Planning and Investment for consideradon and settlement. For the Minister ofFinance VICe Minister NGUYEN CONG NGHIEP Forthe Ministerw Planning and lnwni'fmilnt VICe Minister CAO VIET SINH For the Minister of Planning andInvestment VICe Minister mrA nu(;NlU © VIETNAM LAW & LEGAL FORUM