Circular 05/2014/tt-Bkhđt: A Guide To Implementing Decree 210/2013/nd-Cp On The Policy Encourages Businesses To Invest In Agriculture, Rural

Original Language Title: Thông tư 05/2014/TT-BKHĐT: Hướng dẫn thực hiện Nghị định 210/2013/NĐ-CP về Chính sách khuyến khích doanh nghiệp đầu tư vào nông nghiệp, nông thôn

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DEPARTMENT OF PLANNING AND INVESTMENT
Number: 05 /2014/TT-BKHT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 30, 2014

IT ' S SMART

Oh. We ' re going to do a digital decree 210 /2013/NĐ-CP 19th

December 2013 by the Government on Policy of Incentives

Business investment in agriculture, agriculture.

_____________________

Base of Protocol 116 /2008/NĐ-CP November 14, 2008 the Government regulates the function, mandate, jurisdiction, organizational structure of the Ministry of Planning and Investment;

Base of Protocol 210 /2013/NĐ-CP December 19, 2013 by the Government on Policy encouraging the business to invest in agriculture, rural; and

On the recommendation of the Chief of Agriculture Economy,

The Minister of Planning and Investment issued the Smart Protocol implementation of the Digital Protocol. 210 /2013/NĐ-CP December 19, 2013 Government of Policy encourages business to invest in agriculture, rural.

Chapter I

COMMON RULES

Number one. Apply Scope and Apply Objects

1. The adjustment range: This information guidance on the condition, sequence, procedure implementation procedure, the prescribed investment support at the Digital Agenda. 210 /2013/NĐ-CP December 19, 2013 of the Government on Policy encourages business to invest in agriculture, rural (later called the Digital Protocol). 210 /2013/NĐ-CP).

2. Subject applies:

a) The business is established and registered activities under the Consultated Enterprise Law, which supports the prescribed investment at the International Protocol. 210 /2013/NĐ-CP;

b) The organization, organization and individual involved in the implementation of the policy of encouraging the business to invest in agriculture, rural.

Article 2. Explain the word

1. The location of the Table of the Table with difficult socioeconomic conditions and particularly difficult is the Category specified at Annex II issued under the Digital Protocol. 108 /2006/NĐ-CP September 22, 2006 rules out the details and guidelines for some of the provisions of the Investment Law.

2. Local Labour is a permanent registered labour on the provincial capital, the Central City of Central City where the project is implemented.

3. Water developed at the point of paragraph 1 Article 11 and point c 2 Article 15 No. 210 /2013/NĐ-CP is the average per capita income of more than $10,000 per year, and the remaining countries are considered developing countries, according to the Census Bureau's latest issue of the year.

4. The original record is a record containing the main or copy of the evidence, corroborated by the law.

Third. Some common guidelines

1. The sequence, procedure for free, reduce the use of land; exemption, reduce land rent, the state lease of the State implemented by the rule of the land law.

2. The project date completed the basic construction by regulation at 1 Article 7 Digital Protocol. 210 /2013/NĐ-CP is the date of the completion of the project to be completed by a competent authority in paragraph 13, Article 3 of this Information confirms.

3. The completed project date goes into regulation at paragraph 2, 3 and 4 Article 6 No. 6 Protocol 210 /2013/NĐ-CP is defined as follows:

a) The case of actual building dates completed before or after the date of the approved project is in fact the actual date.

b) The project case has multiple work categories or independent building stages with each other, the completion date is completed by each category or the independent building phase. Where it is not possible to calculate each category or independent construction phase, the completed construction time is calculated according to the work category with the largest capital density and has had the product being recorded.

4. Forest farming project, forest protection of agricultural, forestry-formed forestry from state-owned farms is exempt, reducing land use by regulation at the United States Digital Protocol. 210 /2013/NĐ-CP.

5. Land-planted land area, the medicinal plant of the project is the land area where the business is delivered by the State, leasing or land area due to business ventures, affiliated with the organization, households and individuals or land area owned by the business, It ' s the organization of the organization, the household and the individual.

The plant is cultivated or concentrated, when the cultivation of 500 trees is converted to 1 ha. The plant-like production facility can deploy arboreal, garden-like gardens at different locations.

6. The large scale aquatic agricultural processing plant, which has invested in many employers, has a major impact on the local socio-economic regulation at the b point 1 Article 16 of the number of countries. 210 /2013/NĐ-CP is the plant with annual sales of over 100 billion copper or at least 200 workers with long-term contracts and are under social insurance.

7. Plant actual capacity or factory-de-factory reality equipment/facility processing facility, poultry slaughter facility is the actual product capacity that the plant/facility creates for a certain period (minimum 4 hours of work), which is set up in the first place. The experiment was collected with the factory time/facility in the year of production. The maximum working time of the plant/facility is supported by 300 days/year.

Where the raw materials are harvested, the work time of the plant/the basis for the supply of raw materials and the time of the reserve material is in the year; the specific operating time of the plant/base for the year. The Provincial People's Committee decides the time (day) of the plant/facility operation during the year when the decision level supports investment.

In the case of a large number of products, each product is independently collected.

8. The unit rule counts some products for calculating support as follows: 1 (m) 3 ) MDF, skateboard, plyboard, floor board, planks, planks from wood, equivalent to 750 (kg); 1 (m) 3 ) It presses the equivalent of 1000 (kg).

9. Natural agricultural materials available locally: The raw materials produced by breeding, planting, raw materials are allowed to exploit the use of law, raw materials due to the purpose of conversion of the purpose of the use of forests on the provincial table.

The Committee of the People's Provincial Committee now determines the size of factory capacity/processing facilities, the conservation of fisheries is supported at the level of the decision to support the investment in accordance with the provisions of this Article 5.

10. The percentage of rice raw materials, corn, potatoes, cassava, aquacal products, coffee at d 2 Article 14 and the proportion of aquatic agricultural products at the point of E 2 Article 16 No. 16 210 /2013/NĐ-CP of the investment-backed facilities, which are regulated as follows:

a) The volume of grain, maize, potatoes, cassava, aquacal products, coffee of the proposed facilities not too much of the production of rice, corn, potatoes, cassava, fishmeal products, and annual coffee in the planning area for that facility.

b) The volume of the aquatic agricultural raw material of the proposed facilities supports not too much of the corresponding annual fisheries agricultural yield expected to be planned for that facility.

c) Rice production, corn, potatoes, cassava, aquacal, coffee and agricultural products is the average yield of the last 3 years, the annual publication of the Provincial Bureau of Provincial Statistics or based on calculation, published, of the Agriculture Agency. and rural development.

11. The original breeding stock category is prescribed at the point of paragraph 1 Article 11 of the digital decree 210 /2013/NĐ-CP and the catalogue of aquacoforestry products, the portfolio product portfolio and the portfolio product portfolio provided in Article 16 of the number of local countries. 210 /2013/NĐ-CP in accordance with the regulation of the Ministry of Agriculture and Rural Development.

12. Agricultural sector projects especially preferable investment are supported from the Central budget at the point of a clause 1 Article 17 digital decree. 210 /2013/NĐ-CP to be specified as follows:

a) The project implemented on the border zone is the project to implement on a district-level site that has a portion of the administrative boundaries of the country's borders on land.

b) The project implemented in the insular region is the project undertaken in the islands, the islands of Vietnam.

c) The high technology project is a high-tech application project in agricultural, forestry, fisheries, and rural development of agriculture and rural development, coordination of relevant agencies, validation.

d) The state budget supports the high-tech application project by the level of support provided by the Appendix I with this Information.

13. Procurement Agency: The Department of Agriculture and Rural Development confirmed the volume of completion of the investment category, the bid; the completion of the project completed the project supported by Protocol No. 210 /2013/NĐ-CP; Except for the topics, the categories, the project on the science of technology at the point of one Article 9 of the Digital Decree. 210 /2013/NĐ-CP by the Department of Science and Technology, which is confirmed by the Department of Science and Technology.

14. Research topics creating new technologies, new products due to the business of the host: Enterprise in collaboration with scientists at the university of public research institutes to carry out research.

15. Cost of supporting shipping rules at point b 1 Article 15 and point c 1 Article 16 digital decree 210 /2013/NĐ-CP, enterprise is paid to the specified categories at Annex I issued to this message.

16. The format option performs support

The business was selected one of the two forms of support:

a) The form of the implementation of the existing basic building investment process: The condition is that the support content must be approved by the Provincial People 's Commission (or the authority granted by the People' s Committee of the Provincial Committee) to approve the design, category, work, or approval. Browse the design of the entire project prior to deployment.

b) self-implementation: The business self-approvables design and accounting by general regulation; self-distribution of investment categories, bids; self-organizing implementation of the support content (which can rent a contractor or not hire a contractor). In this case, the business is paid by the level of support provided by the Appendix I, issued by this Information.

17. Support levels by percentage of regulation at Article 11, 12, 16 of the Digital Protocol. 210 /2013/NĐ-CP It is converted to an absolute value specified by the Appendix I.

18. Local budget rates stipulate at 1 Article 17 Digital Protocol 210 /2013/NĐ-CP is the ratio of the total number of years from the provincial budget, not to tell the benefits from the Central budget.

19. The procedure of performing investment incentives: the base business on the incentives and conditions of investment in accordance with regulations at the Digital Protocol. 210 /2013/NĐ-CP to identify the incentives and to act as an investment incentive at the state agency with jurisdiction, regulation at Article 38 of the Investment Law.

Chapter II

PROFILE, SEQUENCE, PROCEDURE FOR INVESTMENT SUPPORT

What? 4. The profile offers investment support

1. To be supported by the business needs to submit the case as follows:

a) Business registration certification;

b) The investment certificate (if any) follows the summary of the situation and the results of the project from the start of the operation to the time of the investment support offer (for the case of the deployed investment project);

The project case has not yet been granted an investment certification, the business that includes the Economic and Economic Process: the goal, scale, the investment site; the investment in which the solution is clear about the recommendations that support the investment.

c) The offer supports investment for the investment business into agriculture, rural in accordance with the Digital Protocol. 210 /2013/NĐ-CP in which the solution is clear and how to calculate the recommendations that support the investment in the prescribed form at Annex II issued by this message;

2. Enterprise has an investment project belonging to the subject that is entitled to investment in accordance with regulation at the Digital Protocol 210 /2013/NĐ-CP 8 sets of files (including 01 of the original files, the remaining records are marked by the business's hybrid) by the post office or directly submit to the Planning and Investment Department where the investment project is implemented.

3. The business is accountable to the law on the authenticity of the records in the filing of the State offer to support investment (for the investment business in agriculture, rural under the Digital Protocol). 210 /2013/NĐ-CP).

What? 5. Presentation, decision-level procedure to support investment

1. After the business submitted enough regulatory filings at 1 Article 4 This Smart, for a period of 3 working days, the Department of Planning and Investment sent the profile taken to the opinion of agencies: Department of Finance, Department of Agriculture and Rural Development, the District People ' s Commission. implement the project and the relevant specialized agency or the Industrial Area Management Board, the manufacturing sector, the high tech sector, the economic zone (for the project located in the industrial zone, the manufacturing district, the high tech sector, the economic zone).

2. In a 5-day period of work since the date of receiving an opinion document, the agencies stated at the one Article in function, the task of having a written appraisal of the Department of Planning and Investment and responsible for the matters of governance. Yeah, my point.

3. The interrogation content offers investment support:

a) The investment project of the specified object at the Digital Protocol 210 /2013/NĐ-CP;

b) The investment project meets the conditions that are supported by the specified investment in the Digital Protocol. 210 /2013/NĐ-CP;

c) Runder the investment support that the business offers regulation at the Digital Protocol. 210 /2013/NĐ-CP;

4. During the 5-day period of work since the expiration of the opinion of the agencies, the Department of Planning and Investment aggregate the opinion of the relevant agencies and the base of the ability to balance the budget on offer to support the investment of the business to report The Provincial Committee of the Provincial People's Committee decided to support the project's investment.

a) The case has various opinions, the Department of Planning and Investment that organizes the appraisal meeting before the Provincial People ' s Committee.

b) The project case made before the Digital Decree date. 210 /2013/NĐ-CP in effect, the Department of Planning and Investment chaired the test organization and set up the actual examination of the actual audit content of the business before the Provincial People's Committee was prescribed in accordance with Article 14 of this.

c) The project case using the Central Budget Assistance by Regulation at Article 17, Decree Protocol 210 /2013/NĐ-CP, The Provincial People ' s Committee sent the report recommending the inquiry and reported the results of the investigation by the Department of Planning and Investment on the Ministry of Planning and Investment for the appraisal of capital.

5. In the 5-day period of work since receiving the filing of a request for local assistance, the Ministry of Planning and Investment took the opinion of the Ministry of Finance and the relevant agency (if necessary); During the 7-day period of work since the date received the will. The Ministry of Finance and the relevant agencies have the written opinion of the Ministry of Planning and Investment for an opinion on the capital and the ability to balance capital from the Central budget that supports the project, sending the locality.

6. In the 5-day period of work since the date of receiving a report by the Department of Planning and Investment against the project using the local budget, or the text of the funding of the Ministry of Planning and Investment to the project using the Central budget of support, the Commission. The provincial population issued a decision to support the project. The case of rejection of part or all of the investment support at the recommendation of the business, the Department of Planning and Investment has the written text and states the reason for the business to know.

The decision to support the investment in the prescribed form at Appendix III is accompanied by this message.

What? 6. Experience the completion of the investment categories, the project ' s bid.

1. Enterprise and contractor (if available) self-determination and self-responsibility for the accuracy of the collected content.

2. After the completion of the record, the business case needs to resolve the regulatory support budget at a point b paragraph 2 Article 17 Digital Protocol 210/2013/ND-CP, The business has a written proposal for the owner of the planning process at the 13 Article 3 that confirms the volume of completion of the portfolio, the bid.

In the 5-day period since the date of receiving the recommended text of the business, the principal examination of the examination and mapping of the volume of completion of the volume is completed, the project's bid. Each member of the team confirmed that 1 copies, the business was held on 2 copies as a legal base for the bank's support of the state treasury.

In the event of an investment class, a complex procurement of engineering, the owner of the experimental host adds a specialized body to confirm the volume of completion.

What? 7. completion of completion project

1. Record Profile:

a) The proposed text of the business (main version);

b) The decision to support the investment of the Provincial People ' s Commission;

c) The decision to approve the design, the provision under the authority stipulated at the Article 15 Article 3 of this Information;

d) Contract purchase (case of purchase purchase);

) A certificate of goods, certification of goods (if imported goods);

e) Report results of the research project/project production project (for the product of technology science).

2. Business filed 3 sets of prescribed files at paragraph 2 This Article (which has 1 original set of records) according to the post office or directly submitted to the body of the collection.

3. During the 5-day period of the employment of the executive body responsible for inviting representative of the Planning and Investment Department, the Finance Department, the relevant disciplinary agency, the district-level committee of the district where the project implementation and the business representative conducted the collection. Complete.

4. Collected Content: Check out the record file; confirm the completed volume; check the implementation of the project under the regulations at the Digital Protocol. 210 /2013/NĐ-CP And regulations at this level.

5. The owner of the receipt of the receipt of the completed project, which has the signatures of the participating participants; every member of the collected experience holds 1 copies, the business is held 2 copies as a legal base to account for the bank's support. State money.

What? 8. Payment, decision management, investment support management

The payment, the decision and management of the support for the business carried out in accordance with the guidelines of the Ministry of Finance.

Chapter III

PLANNING TO SUPPORT INVESTMENT, INVESTMENT MONITORING AND REPORTING MODE

What? 9. Building a program to encourage business to invest in agriculture, rural

1. The investment demand base, the Department of Planning and Investment Planning project calls for investment in agriculture, rural areas of the local People ' s Committee to approve and organize the conference to encourage the business to invest in agriculture, rural or supply-based businesses. into the local investment promotion agenda (the time of the conference held at least three years).

2. The Provincial People ' s Committee approx the portfolio of projects that are expected to be supported by the State for annual investment and on the basis of aggregable investment demand by the business. Prior to approval, the Provincial People's Committee reported the Ministry of Planning and Investment consideration for the opinion on the portfolio of projects. The Project Category is invested in agriculture, rural, and mid-term, as defined by the IV Appendix IV.

3. The principle of building a catalog in the order order is as follows:

a) The project attached to the restructuring of agriculture by Decision No. 899/QĐ-TTg on June 10, 2013 by the Prime Minister approved the project to restructure agriculture in the direction of enhancing increased value and sustainable development.

b) The project has the construction of the raw materials region, which has a production link with farmers under Decision No. 62 /2013/QĐ-TTg October 25, 2013 Prime Minister of the Government of the Government on Policy is encouraged to develop cooperation, linking production to the consumption of agricultural products, building large fields.

c) The project uses a lot of labor and has a lot of impact on the local social economy.

What? 10. Plan to support investment for business

1. Planning Base:

a) The guidelines of the upper secondary institutions on the building of the annual and medium-term economic development plan.

b) The projects have made a decision to support investment

c) The completion of the project by the approved progress.

2. Plan of Planning:

a) The base of regulation on the requirement to use the local budget at paragraph 1, Article 17 Digital Protocol 210 /2013/NĐ-CP, The Department of Planning and Investment, in coordination with the relevant agencies that envisage the rate of capital use of the local budget annually and on average the report of the Provincial People's Provincial Committee to the Council of the People's Assembly, and the decision-level decision-making the total decision-making. 210 /2013/NĐ-CP The years and the local midterm.

b) After the total capital, the Department of Planning and Investment is based on the project's ability to implement, the project portfolio, and the allocation of capital support for each project report to the Provincial People's Committee, the competent authorities.

c) For projects that have been approved for support from the Central budget, the Planning Department and the portfolio of portfolio reports the Provincial Committee of Planning and Investment, the Ministry of Finance for General Affairs.

d) The Ministry of Planning and Investment, in coordination with the relevant agencies that balances the Central budget capital of support for the local implementation of the Protocol. 210 /2013/NĐ-CP, The report has the authority to review, the decision.

After the Prime Minister's decision to deliver the total level of capital support to the ministries, industry and local; the Ministry of Planning and Investment Planning detailed each project and the specific capital under a yearly plan, a midterm plan for ministries, industries and localities.

e) The Provincial People ' s Committee announced the project portfolio and the level of support for the business, which was planned for each portfolio, the bid of the project decided by the business and informed the relevant state agencies to do the validation basis, the research and development of the project. collected during the project execution process.

g) Time of planning and planning: Planning and planning the project to be implemented together with the budget planning protocol under the provisions of the Public Investment Law. The projects implemented were implemented when a decision was made to support the authority of the competent authorities, before being given a funding plan.

What? 11. The source of the resources that implement the Digital Protocol 210 /2013/NĐ-CP

1. The implementation of the specified implementation at the Digital Protocol 210 /2013/NĐ-CP is allowed to use various capital sources, including capital from the national target program, the targeted support program from the central budget, which comes from the local budget, other legal capital.

2. Every year when the Provincial People ' s Committee is notified of the level of funding from the Central budget for national target programs, the targeted support program, the Department of Planning and Investment Coordination Coordination with the Department of Implant Stakeholders. the above sources, envisage allocation for projects of the Enterprise implemented by the Digital Protocol. 210 /2013/NĐ-CP, The People's Committee on the Department of Planning and Investment, General.

Prioritipated capital from programs, projects that have the same goals as human resource training, technology science.

3. The cage of funds supported from the central budget for projects already in the portfolio is assigned by the Ministry of Planning and Investment: After the state of the planned state of planning a minimum of six months, the Provincial People ' s Committee has the right to transfer capital of the projects. The inability to implement or implement inefficiency for the project is supported by the stipulation of the digital decree. 210 /2013/NĐ-CP after a unified opinion of the Ministry of Planning and Investment.

4. Cage the source of capital from the local budget: The Provincial People ' s Committee decides to cage the capital from the local budget as soon as the annual plan, the midterm plan to implement the Digital Protocol. 210 /2013/NĐ-CP.

5. For the project to use the cage capital, the business is entitled to apply the organization regulation, the solution of the Digital Protocol. 210 /2013/NĐ-CP And the instructions to do it.

What? 12. Investment Monitoring and Report Mode

1. The Provincial People ' s Committee is responsible for directing the Department of Planning and Investment and the specialized agencies overseeing the implementation of the International Protocol deployment. 210 /2013/NĐ-CP and this message, check the management, use the statutory support of the law.

2. The business case that does not properly content is preferable, support compared to the Investment Support Decision, the Department of Planning and Investment reported the Provincial People ' s Committee review review, the decision to revoking the incentives, the support of the content performed untrue and filing. about the state budget or the transfer of support for the other project that has made its decision to preferable, support after applying for the Ministry of Planning and Investment to the source of support from the Central Budget.

3. When the business completes the project investment, the business sets up oversight reporting, evaluating the implementation of the project investment under the provisions of the Digital Protocol. 113 /2009/NĐ-CP December 15, 2009 the Government of the Government on the monitoring and evaluation of the Department of Planning and Investment for General Investment.

4. The Provincial People ' s Committee assessed the situation implementing the Digital Protocol 210 /2013/NĐ-CP in the locality, report the Ministry of Planning and Investment, the Ministry of Finance and the Ministry of Agriculture and Rural Development in September every year.

The report states the portion of the capital made, the operational situation of the supported businesses, the entanglements, the difficulty of the digital decree. 210 /2013/NĐ-CP and petit with the Central Agency.

Chapter IV

EXECUTION CLAUSE

What? 13.

Minister, Premier of the Ministry of Foreign Affairs, Government of the Government, Chairman of the Provincial People's Committee, the Central City of the Central Committee, the Prime Minister of the relevant units is responsible for this information.

What? 14. transition regulation

The project made before 10 February 2014, the date of the digital decree. 210 /2013/NĐ-CP effective in which to meet preferable conditions, support is preferable, support as follows:

1. Enjoy the benefit, support for the remainder of the project as of 10 February 2014.

2. Only support for the portfolio, the bid of the project implemented after February 10, 2014.

3. No support and recharges against the investment categories, the bid made before February 10, 2014.

What? 15.

1. This information is valid for execution after 45 days from the date of signing and repel No. 06 /2011/TT-BKHT April 6, 2011 file guidance, sequence, procedure, "Certificate of investment support for business investment in agriculture, rural in accordance with the Digital Protocol." 61 /2010/NĐ-CP April 6, 2010 Government of the Government. "

2. In the course of execution if there is difficulty, the entanging of ministries, the industry, the People ' s Committee of the Provinces, the Central City, the businesses reflect in time about the Ministry of Planning and Investment and related sectors to study the amendment, added. Put it on.

Minister.

(signed)

Hallelong