Circular 02/2015/tt-Bnnptnt: Instructions To Build The Project And Overall Approach Arrangement, Renovation Of Agricultural, Forestry Companies Under Decree No. 118/2014/nd-Cp On December 17, 2014 The Government S

Original Language Title: Thông tư 02/2015/TT-BNNPTNT: Hướng dẫn xây dựng đề án và phương án tổng thể sắp xếp, đổi mới công ty nông, lâm nghiệp theo Nghị định số 118/2014/NĐ-CP ngày 17 tháng 12 năm 2014 của Chính phủ về s

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
AGRICULTURE AND RURAL DEVELOPMENT
Number: 02 /2015/TT-BNPTNT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 27, 2015

IT ' S SMART

The manual construction guide and the overall methodology are about to Yeah, change.

Farm company, forestry company. 118 /2014/ND-CP 17

December 2014 by the Government of the Arrangement, Innovation and Development,

improve agricultural efficiency, forestry, forestry

______________________

Base of Protocol 199 /2013/NĐ-CP November 26, 2013 of the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Base of Protocol 118 /2014/ND-CP December 17, 2014 of the Government on the Arrangement, Innovation and Development, enhance the operational efficiency of the forestry company;

On the recommendation of the Director General of Forestry,

The Ministry of Agriculture and Rural Development issued the Information Building guidelines and the overall methodology that is about to ... It ' s, in exchange, agricultural companies, forestry companies, in terms of the digital decree. 118 /2014/ND-CP December 17, 2014 of the Government on the Arrangement, Innovation, and Development of the Agricultural, Forestry Company.

Ch I am

GENERAL REGULATION

Number one. Apply Scope and Apply Objects

1. The adjustment range

This information instructs the construction of the project and the overall scheme to arrange, renew the agricultural company, forestry (later abbreviated as Project and Variation) by regulation at the Digital Protocol. 118 /2014/ND-CP December 17, 2014 of the Government on the Arrangement, Innovation and Development, enhactiving the operational efficiency of the agricultural, forestry company (later abbreviated as Protocol No. 1). 118 /2014/NĐ-CP).

2. Subject applies

a) Agricultural, forestry companies holding 100% of the prescribed capital at a point a 2-Article 1 Protocol 118 /2014/NĐ-CP; Shallow, the State of the State Business holds 100% of the rules as stipulated at Clause 1 Article 26 of the number. 118 /2014/ND-CP (The following is a farming, forestry company).

b) The ministry, the representative sector which owns the state capital at the agricultural company, is regulated at this one point (later abbreviated as the ministry, the governing sector); the Provincial People's Committee, the Central Committee of the Central Committee (later abbreviated as the Provincial People's Committee); The company, the agricultural, forestry company.

c) State agencies, organizations that are involved in the construction of the Project, the General Variation of Arrangements, Innovation of Agriculture, Forestry.

Article 2: Request for Building Project and Variation

The project and the Variation must ensure the arrangement, comprehensive innovation and base of agricultural, forestry companies in accordance with regulation at the Digital Protocol. 118 /2014/ND-CP and meet the following requirements:

1. Show the true status quo, proposition of arranged content, innovation;

2. Define the function, the task of the shallow, forestry company after the arrangement, innovation. Clear definition of utility and manufacturing tasks, business;

3. Administration solutions, land use, forest, property, capital, labor must be specific, ensure the right of law;

4. Specific determination of progress and the conditions guaranteed to perform the effectiveness of the Project, the Variation immediately after the approval of the authority.

Third. Project Building and Project.

1. Digital decree 118 /2014/ND-CP December 17, 2014 of the Government and the relevant legislation.

2. Planning, economic development plans-social; planning, land use planning and three types of forest planning; planning, agricultural development plans, local forestry.

3. Status of management, land use, forest resources and production results, agricultural company business, forestry in three (03) consecutive years.

Chapter II

CONTENT, ORDER, APPRAISAL, APPROVAL

AND THE ORGANIZATION PERFORMS THE PROJECT.

What? 4. The Project Content

The project has the texture and template content at Annex I issued with this message. In that, some basic content is as follows:

1. On the land of farm company, forestry

a) For the land of agricultural land production, aquacoland farming, soil as salt, other agricultural land, non-agricultural land (land in, dedicated land), unusable land (non-forestry land), land of coastal water that identifies the area, the present Land types, using statistical results, land inventory, December 31 of the year adjacent to the time of the Project construction, the adjustment increased to the time of the Proposal.

b) For the forest soil, the forest of use and forest of production: determining the area and state of the forest, using the results of inventory, statistics, forest management records announced on 31 December of the adjacent year before the time of the Project. using the results of the Census Project, the 2013-2016 national forest examination by Decision No. 594/QĐ-TTg on 15 April 2013 by the Prime Minister in the locality, the adjustment increased to the time of the Proposal.

c) Perform the sweep, statistics and plan of land use by regulation at Article 13 Digital Protocol. 118 /2014/ND-CP, with the following data:

-Identify the land area retained to reorganize the business production of each form of land, lease land by regulation at Article 14 Digital Protocol 118 /2014/NĐ-CP;

-Identify the area that does not continue to retain and discuss local pursuits at Article 15 No. 118 /2014/NĐ-CP;

-Determine the land area for rent, loan; dispute over disputes; joint venture land, links, investment cooperation under regulation at Article 16 of the number of countries 118 /2014/NĐ-CP;

-Identify the land area, the household economy by regulation at Article 17 of the number of countries 118 /2014/NĐ-CP.

d) The status quo and soil use after the arrangement, the renewal of the agricultural company, forestry at the point a, b, c 1 This report in terms of the 1 /ĐE, 2 /ĐE pattern attached to Annex I.

2. On Land Property

a) For the agricultural company: determining the amount and value of all the assets of the company currently based on the 31/12 year's inventory at the time of the project's construction, the adjustment increased to the time of the Proposal.

b) For the forestry company: determine the number and value of all assets of the existing company that sweep the opposite of the field, namely:

-For forest producing forests: determining the area and value of the existing forest of the company by the regulation of the United States Finance-Agriculture and Rural Development at the time of the construction of the Project, the adjustment increased to the time of the Proposal.

-Statistics the quantity, value (principle, the remaining value) of assets, infrastructure, subcategories of the need for the company's business production, the non-use and table of local management under regulation at paragraph 4 Article 19 Decree. number 118 /2014/NĐ-CP.

-The company ' s other assets: the number and value currently based on the inventory count to 31 December of the previous year adjacent to the time of the project construction, the adjustment increased to the time of the Proposal.

Property figures on the land of agricultural companies, forestry reported by pattern 03 /TS, 04 /TS, 05 /TS with Annex I.

3. On Financial

a) Statistics the results of the company's business in three (03) years in a row prior to the time of construction of the Project by accounting finance. Financial and operational results in the production, business of shallow, forestry companies are represented by the number 6 /TC, 07 /KD, according to Appendix I.

b) Specify the number of existing charter capital, calculate the need for regulatory capital by regulation at paragraph 1, 2 Articles 19 Digital Protocol 118 /2014/ND-CP show the order 08 /TCTT is accompanied by Annex I.

c) Statistics, classification of debts (receivables, payable, and accountability); in which the creditor discharges payment and proposed processing in accordance with the chart 08 /TCTT accompanied by Annex I.

d) Define the funding for making the sweep, measuring, setting a mold, mapping the main locus and issuing a certificate of land rights to the company according to the order and the definition of local time regulation according to pattern 08 /TCT attached to Appendix I.

4. On Investment

a) Define the annual cost of funding to perform the specified utility tasks at paragraph 1, 2 Article 20 Digital Protocol 118 /2014/ND-CP according to the chart 08 /TCT, which is accompanied by Annex I.

b) Define the need for investment support for the fire department, forest fire repair, construction of the prescribed forestry at Section 3 Article 20 Digital Protocol 118 /2014/ND-CP according to the chart 08 /TCT with Appendix I.

5. On Labor

a) Assessment of the use of labor, the implementation of the wage regime, the reward, the insurance for the worker (if any) in the company according to the state's current regulation.

b) The use of labor use by regulation at Article 46 of the Labor Code, including: the continued employer list, labour is taken to training to continue to use; the employment list is eligible for retirement; the employment list terminated the contract. labour co; the employment list does not agree to include: residual labour, labor termination of labor contracts under the Labor Code; the measure and financial resources arrangements.

c) The implementation of the stock (form, content, rights and obligations of the parties) and the number of stock workers with the company under contract (in which the number of implementation by the Digital Protocol) 135/2006/ND-CP and the number of implementation by Protocol No. 01 /CP has not changed by Protocol 135 /2006/NĐ-CP).

Work on the labor of the farm company, forestry before and after the arrangement currently in the category 09 /LE with Appendix I.

6. In terms of science and technology: Statistical of the work, project being implemented, is expected to make the implementation of the test production, the new technology application into business production reporting under the 10 /KHCN chart with Appendix I.

What? 5. Set up, Judge

1. Rural, forestry companies are responsible for the planning of the Provincial People's Committee (for the provincial company); corporation, corporation corporation (for corporate subordination, total company); Ministry, the governing sector (for companies due to ministries, etc.); The industry is a state equity representative.

2. The Project appraisal, including:

a) The company 's appraisal paper to the governing body is the Provincial People' s Committee; corporation, total company; the ministry, the governing sector;

b) The scheme of arrangement, renewal of agricultural, forestry;

c) The text of the Provincial Committee of the People's Provincial Committee where the unit operates the business of the Project Content (for corporate subordination, total company or ministry, master sector).

3. The number of appraisal profiles: Agricultural, forestry companies send a (01) file set (paper) directly or through the post office and one (01) electronic copies of the files in the number of copies stored on the CD include: file text files that unify the process. In Microsoft office 2003, the size of 13-14, the Time New Roman font; the files are the prescribed data tables at this Smart, which is unified on Excel software spreadsheet, using the natural number with a decimal digit after the sign. Comma, the number associated with the tables, the expression must be linked to each other via the line.

4. Location of the Project appraisal profile:

a) The agricultural, forestry company of the Provincial People ' s Committee, sent the Appraisal Appraisal of the Department of Agriculture and Rural Development of the province, the Central City of Central.

b) Agricultural, forestry company, corporation, file of a Project appraisal of the Corporation's Office, Corporation.

c) The agricultural, forestry company of the ministries, the master sector sends the case of the Project appraisal of the Ministry, the master sector.

d) In the term of one (01) workday, the agency recepts the document to have a written, forestry company, if the appraisal profile is incomplete and valid.

5. Judge

a) The Provincial Committee of the Provincial People's Provincial Committee established a panel of the Department of Agriculture and Rural Development as a permanent body, the departments, industry members: Natural Resources and Environment, Planning and Investment, Finance, Trade and Social Labour, Science and Technology, and Finance. Technology, Internal Affairs. The corporation, the company's general, the ministry, the governing body set up the appraisal council of specialized units, the subordinated business.

b) During the twenty (20) days of work since the date of the filing of the validity of the validity of the agricultural company, forestry subordinated, the body assigned to the appraisal committee, the organization of the appraisal, the department of the Provincial People's Committee, The company, the company, the ministry, the executive branch of the department, is sending the farm company, forestry.

For farm companies, forestry companies, corporations, departments, departments, before the appraisal must submit a written opinion of the Provincial People's Committee where the unit operates, the business of the project's content.

c) In the period of the year (05) the day of work since the date of receiving a document of agricultural company appraisal, forestry has additional responsibility, complete completion of the program according to the appraisal text content of the Provincial People ' s Committee, corporation, corporation, ministry, industry, etc. the owner and the submission to the prescribed body at paragraph 2, 3 and point a, b, c paragraph 4 This.

What? 6. Content Variation

1. The Provincial People ' s Committee, Group, Corporation, the Ministry, the Executive Chairman of the Arrangement Projects, Innovation of Agriculture, Forestry, have been appointed, aggregated into the General Variation of the Arrangement, Renewal Of Agricultural, Forestry Company, Group, The company, the ministry, the management.

2. The method with the pattern of texture and content in Appendix II issued with this message. In that, some basic content is as follows:

a) General of the basic situation on the status of management, land use; results of business production to the time of the formation of the Variation and the setting of individual figures for the group of agricultural companies, the group of forestry companies under the terms of the 01 /TH-E, 02 /TH-SDE, 03 /TH-KD with Appendix II.

b) The synthesis of the arrangement, renewal of agricultural companies, forestry; management, land use; management, use of property; management, forest use and utility duties; finance and investment; labor; science and technology when making arrangements, innovation under Protocol No. 118 /2014/ND-CP and set up individual figures for the group of agricultural companies, groups of forestry companies according to the denominants 04 /SXtnk, 05 /SDE, 06 /SDTS, 07 /ICR, 08 /TCDT, 09 /TH-LE, 10 /TH-KHCN with Appendix II.

What? 7. Set up, appraisal, approval and organization execution

1. The Provincial Committee of the Provincial People's Department of Agriculture and Rural Development presided over, in coordination with the Department, the related sector; corporation, corporation and ministry, the employer organization organized the synthesis of the appraisal results, the project content of agricultural companies, forestry, and others. The prescribed Variation in this Information sent the Ministry of Agriculture and Rural Development to be appointed before the Prime Minister approved it. The corporation, the headquarters of the Ministry, the Central Industry before sending the Ministry of Agriculture and Rural Development to have a written opinion of the ministry, the master branch.

2. The case, the procedure for the appraisal of the Variation:

a) The work of the Provincial People 's Committee, the corporation, the company' s total, the ministry, the governing chair offering;

b) Proposition of the Prime Minister's program on the Variation of the Provincial People's Committee, corporation, corporation, ministry, master sector. For the corporation, the total company, the ministry of the master branch is accompanied by the written opinion of the Provincial People's Committee where the member unit operates on the Project's Project;

c) The overall method of arrangement, renewal of agricultural, forestry companies;

d) The Office of Appraisal of the Committee of the Provincial People's Committee, Group, Corporation, Ministry, Board,

The project of agricultural, forestry companies;

e) The number of total appraisal of the total number of Variable Methods: implemented as stipulated at paragraph 3 Article 5 This message;

g) Where the filing of the appraisal of Variation: Business Management in the Ministry of Agriculture and Rural Development. In the time of one (01) working day, the document recepts to a document that requires the body to file additional records, if the appraisal profile is incomplete and valid.

3. Judge Variation

a) Founded the Council of Appraisal: The Ministry of Agriculture and Rural Development established the Council of Appraisal, Member of the appraisal board comprising representatives of ministries, peer agencies: Resources and Environment, Finance, Labor, Trade and Social Affairs, Planning and Development. Investment, Government Office and related units of the Ministry of Agriculture and Rural Development led by the Deputy Minister of Agriculture and Rural Development.

b) In the period of no more than 20 days of work since the receipt of the full, correct methodology, the Board of Business Administration of the Board of Directors appraisal of the appraisal, the editor of the Ministry of Agriculture and Rural Development enacted the judge text. I'm going to send the agency to complete the case.

4. Complete Profile of the Prime Minister 's approval: in the ten (10) days of work since the date of receiving the appraisal text of the Ministry of Agriculture and Rural Development, the Provincial People' s Committee, Group, Corporation, the Ministry, the master sector has. The responsibility for finishing the case to the correct text content is approved by the Prime Minister.

5. The Prime Minister ' s Plan Variation, including:

a) The Prime Minister's journal on the overall method of arrangement, renewal of agricultural, forestry companies of the Provincial People's Committee, corporation, corporation, ministry, master sector;

b) Variation;

c) The solution report, the reception of the appraisal opinion;

d) The appraisal text of the Ministry of Agriculture and Rural Development.

6. Implementable overall Variation: after the Method was approved by the Prime Minister, in an inexcused period of time (05) working days since the date received approval, the Provincial People ' s Committee, Group, Corporation, Ministry, Industry and Industry. Approved the project of agricultural, forestry companies and organizations.

What? 8. The deadline, the Project appraisal,

1. The deadline for completion of the filing of the sorting, renewal of the agricultural, forestry company and sending representative holders of the appraisal prior to 15 May 2015.

2. The deadline for the completion of the overall Variation Variation, the agricultural, forestry company of the Provincial People's Committee, the corporation, the corporation, the ministry, the employer to send the Ministry of Agriculture and Rural Development to be predetermined by June 30, 2015.

Chapter III

THE ORGANIZATION.

What? 9. The responsibility of the agencies, units of the Ministry of Agriculture and Rural Development

1. Enterprise management, coordination with the relevant units of the Ministry of implementation of the following tasks:

a) Continue to specify a method of execution of the Variation, prepare for the appraisal of the appraisal Council.

b) The Minister of the Council of the Council of the Appraisal of the General Variation, in exchange for agricultural companies, is in accordance with the provisions of this Information.

c) Overall, the Minister of Agriculture and Rural Development issued the Methodology Appraisal of Variation.

d) Instructs, audits, the implementation of the execution of the Project, the prescribed Variation in this Information.

The combined results of the implementation, renewal of agricultural companies, periodic forestry, and agriculture and rural development report by the Government of the Government.

2) The Chief Forestry Administration performs the following tasks:

a) Joining the Variation of Variation for the forestry companies.

b) The guide, the governor, examine the implementation of the Project, the Variation of the Water.

What? 10. The responsibility of the Provincial People ' s Commission, Group, Corporation, Ministry, the governing industry

1. Directed by, guide, check the construction of the Project. Set up the appraisal council and the prescribed appraisal in this Information.

2. The Prime Minister sends the Ministry of Agriculture and Rural Development to be approved by the Prime Minister.

3. Directed by, the implementation of the implementation of the approved Variation.

4. Appropriation of the Project of Agricultural, Forestry-based Forestry Companies.

5. aggregate, periodic review of the year of arrangement, renewal of the agricultural company, forestry to the Ministry of Agriculture and Rural Development to report the Prime Minister.

What? 11. The responsibility of agricultural, forestry companies

Construction of the Project; the organization implemented under the scheme was approved by law.

What? 12.

1. This message has been in effect since 12 March 2015.

2. In the course of execution, if there is difficulty, entanged, organizations, individuals reflect on the Ministry of Agriculture and Rural Development to promptly coordinate the review, resolve the ./.

KT. MINISTER.
Captain.

(signed)

Hà jun Tuan