Decision No. 66/2011/QD-TTG amending and supplementing a number of articles of Decision No. 147/2007/QD-TTg of 10 September 2007 on a number of policies for development of production forests during 2007-2015

56 OFFICIAL GAZETfE Issue nos OJ-05/December2011 (Gong BaD 11m' 627-628/DerPfilha Jfi, 20]]) THE PRIME MINISTER Decision No. 66/20111QD-TTg of December 9, 2011, amending and supplementing a number of articles of Decision No. 147/2007/QD-TTg of September 10, 2007, on a number of policiesfor development of production forests during 2007-2015 THF PRIMP MfNISTPR Pursuant to the December 25,2001 Law 011 Organization ofthe Government,' C VIETNAM LAW • LEGAL fO«UM . Issue nos 03-0SfDecember 2011 Off ICIAt GAlE TIE (Cong Baa /lOJ 627-628!December )9, 20/J) 57 ~-.---- ---- . ... '. -- -- --,-. -- .. --------~-------.- .. -~ Pursuant to the December 23, 200,1 Law on Forest Protection and Development; Pursuant to the Prime Minister's Decision No 18/2007/QD- TTg of February 5, 2007, approving the strategy for Vietnam '.f forestry development to 2020; At the proposal of the Minister ofPlanning and Investment, DECIDES: Article 1. To amend and supplement a number of articles of the Prime Minister's Decision No. 147/2007/QD-TTg of September 10, 2007, on a number of policies for development of production forests during 2007 2015, as follows: 1. To amend and supplement Article 5 on investment support for forestation and forest extension as follows: aJ Point a, Clause 1; "aJ A support of VND 4.5 million/ha, for planting big timber trees (to be exploited after 10 years) or indigenous trees; and VND 3 million/ha, for planting small timber trees, bamboos and Dcndrocalaruus merubr anccus Munro (luollg) (to be exploited before 10 years)." bl To annul Clause 2. cJ Clause 3: "3. Forest-planting organizations, households, individuals and communities other than those specified in Clause 1 of this Article may receive seedling or forest extension support at a maximum VND 2.25 million/ha; or VND 2.25 mi lIionll500 scattered trees (equivalent to one hectare of planted forest), if they plant scattered trees. Specific support levels shall be based on seedling prices annually announced by provincial-level People's Commt:aees." dI Clause 5: "5. Forest extension support: VN9.300,000/ ha in 4 years (1 year for planting and 3 years for tending), for forestation in communes with extreme difficulties (under the Prime Minister's Decision No. 16412006/QD-TTg of July II, 2006, approving the list of comrngnes with extreme difficulties); and VND 150,OOOlha in 4 years, for forestation in other communes." , - ' e/ Clause 6: "6. A lump-sum support of VND 150,0001 ha, for surveys and designing and conclusion of forestation contracts; VND 45,OOOlha, for appraisal and approval of projects to support production forest planting; YND lOO,OOO/ha, for grant of certificates of sustainable forests; and VND 300,000tha, for assignment, grant of land use right certificates and contracted all ocation of land for forestation to households and individuals and VND 150,OOO/ha, to organizations and communities. The support levels specified in Clauses 5 and 6 of this Article shall be provided in addition to the total investment support for planting production forests specified in Clauses 1 and 3 of this Article." OFF ICIAL GAZEHE Issue nos 03~05lDecember2011 (CongBaa nos 627 628JDecelJlbel" 19,2011 )--------- . . 2. To amend Clause 2, Article 7 on investment support for planting and management of breeding forests and nurseries as follows: "2. Breeding forests and nurseries managed by economic sectors must be under planning approvedby competent authorities and are entitled to-investment support for construction of initial physical foundations under projects aPPl'OVe~ by competent au rhorj t ies . The maximuauevels of state budget support for bio forestry.tasks. infrastructure construction and equipm~ are specifically as follows: al V-ND 52.5 mill io n/ha, for newly developed nurseries; .. bl VND 37.5 rnil lion/ha, for newly developed-breeding forests; c/ VND 15 rni llion/ha, for regenerated breeding reTests; dJ In' addition to the above supports, a support of Vlvl) 150,OOO/halyear shall be given to pay management expenses for breeding.. forests and nurseries for no more than 5 years." 3. Taamend Clause 4, Article 8 on investment support for building high-quality seedling!Cnters as follows: "4. The maximum level of state budget support is VND 2.25 billion for a seedling center," 4. To amend Clause 5, Artide 9 on investment support for nurseries as follows: "5. Support levels: VND 300 million on average for building a new nursery; new nurseries built in border communes mayreceive support at the level corresponding to the projects' approved capital; and VND 75 million at most, for an improved or upgraded nursery." S. To amend Article 10 on investment support for forestry roads as follows: aI Point b. Clause 1: "b/The investment support level is VND 30 miJlionlkm, including VND 25 million/km for construction of items of a firebreak, and the remainder, for maintenance throughout the whole forestation cycle." b/ Clause 2: "2- Forestry roads: Proj ect s to plant consolidated raw-material forests of 500 ha or more in regions without auto-accessible roads for transportation of products in rainy seasons may receiveinvestmentsupport for forestry roads concurrently used tor daily life activities and. forest fire control (referred to as forestry roads) at VND 450 million/km. The management of investment in and construction of forestry roads after2013shallcomply withcurrent regulations." 6. 10 amend and supplement Article 11 on support for transportation of processed products in the northwestern region as follows: aI Clause I: "1. Plants processing timber from planted forests and Dendrocalamus membranceus Munro (into artificial boards or blocks) in Issue nos 03-0S/December 20ll OFFICiAL GAZETTE (Cong Bao I70J 627-628/December /9, 20J /) 59 . HUI th wester [J provinces (under Po litbu ro Resolution No. 37-NQrrW of July 1,2004, on orientations for socio-economic development and maintenance of defense and security in northern midland and mountainous regions to 20 I0) may receive state support for investment and product transportation in the first five years after they start production. The support level is VND 1,500/ton/km (one thousand, f ve hundred Vietnam dong)." bl Clause 2: "2. Fonns of support: Post-investment support: Transportation costs shall be calcu lated based 011 the distance from a plant to Hanoi, the major consumption center, by the shortest motorway, and based on the plant's actual capacity. Investment support: To support MDF (medium density fireboard) plants with an annual capacity of 30,000 rn' or higher in northwestern provinces at the levels provided in the Prime Minister's Decision No. 60/20101 QD- TTg of September 30, 2010, promulgating principles, criteria and norms for allocation of state budget funds for development investment during 2011-2015." cI Point b, Clause J on the order of support, take-over test, payment and settlement: "b/ Initially, 70% of the transportation cost support shall be provided, the remainder shall be subtracted from the plant's annual payable tax amount. A separate entry of budget support provided directly to the plant shall be made annually. The rota) capactry of plants cnrnled to transportation suppcn t will be 150,000 tuns at most for each province. A province which h;l~ a pulp mill with a capacity of over SO,OOO tons will not receive support. Investment support shall be provided right at the beginning of construction of a plant." dI Clause 4: "4. Conditions to receive support; The State shall provide SUPPoILonly for plants manufacturing artificial bo'ards and particle boards or artificial boards and MOFs to make fuJI use of raw materials,~ plants manufacturing boards and bloeks from Deudi ocalarnus rnemln anceus MUIJI~ Fur 20 years, such a plant must not be relorn:ted from its registered production area The plant is built with an actu~J:apacity of at least 10,000 m3/year and with 1(10% of brand-new equipment or used equipment manufactured in developed countries after 200(). The concerned enterprise has planted production forests available for harvest, ensuring supply of raw materials for the plant W OpL:r;J.W at [east 50% of its designed capacity or the locality in which the plant is located has a raw material area for supply for (h~ plant to operate at 100%· of its designed capaci ty (the planted forest production as a basis for calculation of support for a plant is 100m)lha). The enterprise is a non-state one, If it is a state enterprise, only equitized wood processing establishments with no more than 50% of state capital may receive the support." (0 VIETNAM LAW& LEGAL FORUM 60 OFFICiAL GAlE Ilf Issuenos03.0SlDecember2011 (Cong BaD IIOS 627-628/Decelllber 19,20ll} 7. To amend Clause 3, Article 12 on funding sources for investment support as follows: "3. The total investment for implementation of this Decision during 2011-2015 is around VND 50 trillion, of which around VND 39.2 trillion will be raised from various economic sectors, and around VND iO.S trillion from the state budget (VND 8 trillion from the central budget al\dVND 2.8 trillion from local budgets)." Article 2. This Decision takes effect on February L 2012. Article 3. Ministers, heads uf ministerial level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decision. Prime Minister NGUYEN TAN DUNn