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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Circulars implementing Decree No. 210/2013/ND-CP dated 19 December 2013 on the Government's policy of encouraging enterprises to invest in agriculture, rural _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 116/2008/ND-CP on November 14, 2008 Government's functions, duties, powers, organizational structure of the Ministry of planning and investment;
Pursuant to Decree No. 210/2013/ND-CP dated 19 December 2013 on the Government's policy of encouraging enterprises to invest in agriculture, rural;
At the suggestion of the Director of the agricultural economy, the Minister of planning and investment issued circulars implementing Decree No. 210/2013/ND-CP dated 19 December 2013 on the Government's policy of encouraging enterprises to invest in agricultural, rural.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope: this circular guidance on conditions, sequence, procedure for implementing incentives, investment aid under the provisions of Decree No. 210/2013/ND-CP dated 19 December 2013 on the Government's policy of encouraging enterprises to invest in agricultural, rural (hereinafter the Decree 210/2013/ND-CP).
2. Objects: a) the business is established and registered under the law on business activities are to receive incentives, investment aid under the provisions of Decree No. 210/2013/ND-CP;
b) agencies, organizations and individuals involved in implementing policies to encourage businesses to invest in agriculture, countryside.
Article 2. Explanation of terms 1. Listing geographical social economic conditions difficult and particularly difficult is the category specified in annex II attached to Decree No. 106/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of some articles of the law on investment.
2. local labor is labor have registered permanent residence in the province, the central city where the execution of the project.
3. Developed countries specified in point c of paragraph 1 article 11 and point c paragraph 2 article 15 of Decree 210/2013/ND-CP is the average income of more than $ 10,000 a year, the remaining water is considered in developing countries, according to figures published in the closest of the General Statistics Office.
4. the original profile is the profile include the original or a copy be certified, certified according to the provisions of the law.
Article 3. Some general guidelines 1. Order and procedure of long, steady money using land; long, reduce land rents, hire of water taken under the provisions of the law of the land.
2. on the completed projects construction according to the provisions in clause 1 article 7 of Decree 210/2013/ND-CP on the actual project is complete is the competent agency specified in clause 13, to article 3 of this circular.
3. on completion of project operations as specified in paragraph 2, 3 and 4 Article 6 of Decree 210/2013/ND-CP is defined as follows: a) on the actual construction cases completed before or after the date the project was then calculated according to the actual date.
b) where the project has many categories of works or construction phases independent of each other on the construction completed by items or construction phase of independence. The case could not be separate items or stage build independent construction completion is calculated according to the category of works is the largest capital and had the product trials.
4. Project on afforestation, forest protection of agricultural and forestry enterprises formed from the National School of agriculture and forestry businesses are exempt, reduce the amount of land use under the provisions of Decree No. 210/2013/ND-CP. 5. Land macadamia, medicinal plants of the project is an area of land that State enterprises are delivered, rental or land due to the business venture, associated with the Organization, personal or household and land rent, borrowing by enterprises, households and individuals.
Trees are planted or growing dispersion shift focus, when to plant 500 trees every dispersion to be converted into 1. The base incidence of tree seed production ca may implement the nursery garden, just like in the different locations.
6. Agriculture and forestry processing large-scale fisheries, have invested, use more labor, have a major impact on local socio-economic provisions in point b paragraph 1 article 16 of Decree 210/2013/ND-CP is the plant has annual revenues of over 100 billion or at least 200 workers have long term and be social insurance premiums.
7. the actual capacity of the plant or the actual device power plant/facility processing agricultural forestry and fisheries, the slaughter of cattle and poultry product capacity is the fact that the plant/facility created in a given time (minimum 4 hours), are testing with the working time of the plant/facilities that in the year of production. The maximum working time of the plant/facility is computer support is 300 days a year.
The case of the raw materials are harvested according to the crop, the working time of the plant/facility computer supply seasonal raw materials and ingredients be reserve time in the year; operating time of the plant/facility during the year. The provincial people's Committee decision time (on) the operation of the plant, the basis for the year when grant decided to support investment.
Where a project has multiple products, each product is independent test.
8. Unit conversion computer several products to support the following: 1 (m3) of MDF, plywood, plywood (plywood glued), flooring, plywood, wood stick joinery, equivalent to 750 (kg); 1 (m3) equivalent 1000 pressed bamboo (kg).
9. agricultural and aquaproduct materials available locally include: material created by breeding, planting, natural materials are allowed to exploit the use according to the law, of raw materials arising from conversion of forest use in the province level.
The provincial people's Committee of existing material base decided to scale the capacity of the plant/processing facilities, agricultural and aquaproduct preservation are supported when grant decided to support investment as defined in article 5 of this circular.
10. The rate of raw materials of rice, corn, sweet potatoes, cassava, coffee, seafood product at the point d item 2 article 14 and the rate of agricultural products, forestry and aquatic products in point e clause 2 article 16 of Decree 210/2013/ND-CP of the base supported investment, are defined as follows: a) the volume of rice ingredients maize, cassava, sweet potatoes, by-products, aquaculture, coffee of the base support not exceeding the yield of rice, corn, sweet potatoes, cassava, coffee, seafood by-products every year is expected in the planning for that facility.
b) agriculture and forestry raw material volume of aquatic products of the proposed base of support not too aquatic agriculture and forestry output respectively projected annual planning for that facility.
c) yields rice, corn, sweet potatoes, cassava, coffee, seafood and products of agriculture and forestry and aquaculture output is averaged over 3 years, data base is the annual publication of the Provincial Bureau of statistics or based on calculation, announced the Agency's agriculture, and rural development.
11. list of original high-yield breeds of livestock are specified in point c of paragraph 1 article 11 of Decree 210/2013/ND-CP and by products of agriculture and forestry aquatic products, ancillary products and mechanical products catalog supported the provisions of article 16 of Decree 210/2013/ND-CP made according to the regulations of the Ministry of agriculture and rural development.
12. The projects in the agricultural sector in particular supported investment incentives from the central budget at the DD article 17 paragraph 1 of Decree 210/2013/ND-CP is defined as follows: a) the project implementation in the region of the border project is done on the district level are partly administrative boundaries coincide with national boundaries on land.
b) project implemented in the Islands is the projects done in the Islands, the islands of Vietnam.
c) high-tech projects as project high technology application in agriculture, forestry, fisheries and the Ministry of agriculture and rural development, coordinating the relevant agencies to verify, confirm.
d) State budget support for high technology application project under the support level specified in annex I attached to this circular.
13. The Agency chaired trials: Department of agriculture and rural development confirmed the volume of completed investments, tenders; trials completed projects supported under Decree No. 210/2013/ND-CP; except the subject, category, project on technology specified in point c of paragraph 1 article 9 of Decree 210/2013 issued by the Department of science and technology hosted validation, testing complete.
14. The research to create new technologies, new products due to business chairing: enterprise collaboration with scientists at the University's public Research Institute to carry out research.
15. transport support funding specified in point b of article 15 and paragraph 1 point c paragraph 1 article 16 of Decree 210/2013/ND-CP, enterprises are paid on the items specified in Appendix I attached to this circular.
16. The choice of forms of business support was selected one of the two forms of support: a) Forms follow the investment process the current basic construction: provided that the content of the support to the provincial people's Committee (or committees be authorized provincial) design approval estimation, categories, structures or the design approval of estimation of both the project prior to deployment.
b) forms of self-realization: the free business approval, design and estimation according to common rules; the self divide investments, tenders; self organizing content support (you can hire a contractor or not hire contractors). This business case was paid at the rate of support prescribed in annex I attached to this circular.
17. the level of support according to the percentage specified in article 11, 12, 16 of Decree No. 210/2013/ND-CP was transformed into absolute values defined in annex I attached to this circular.
18. local budget rate prescribed in clause 1 article 17 of Decree 210/2013/ND-CP is the rate charged on the total amount spent annually from the provincial budget, not counting the subsidies from the central budget.

19. The procedure of implementation of investment incentives: the business based on the incentives and preferential investment conditions as stipulated in Decree No. 210/2013/ND-CP to self identify incentives and procedures entitled to investment incentives at the State bodies are competent, the provisions of article 38 investment law.
Chapter II PROFILE, sequence, PROCEDURE of INVESTMENT SUPPORT article 4. Suggested support profile investing 1. Business support needs to be filed the following records: a) business registration certificate;
b) investment certificates (if any) attached to the report summarize the situation and results of the project from the start of the operation to the time of the proposed investment support (for the case of investment projects already implemented);
The case of the project has not yet been granted investment certificates, enterprises pay the enclosed explanation technical-economic: objectives, scale, location of investment; invested in that explanation about account recommendations of investment support.
c) A recommended investment support for business investment in rural agriculture, according to Decree No. 210/2013/NĐ-CP dated in that explain clearly the reasons for and the calculation of the investment support recommendations according to the form prescribed in annex II attached to this circular;
2. Business investment project subject to enjoy investment support under the provisions of Decree No. 210/2013/ND-CP filed 8 record (including 1 set of original records, the remaining records are stamped of the business done) by post or submitted directly to the Department of planning and investment where the investment project implementation.
3. Corporate responsibility before the law about the authenticity of the information recorded in the file to suggest that State investment support (for business investment in rural agriculture, according to Decree No. 210/2013/ND-CP).
Article 5. Order and procedure of granting investment aid decisions 1. After sufficient business records prescribed in clause 1 article 4 this circular, within 3 working days, the Department of planning and investment to send comments to the Agency: Department of finance, the Department of agriculture and rural development, the people's Committee at district level where implementation of the project and the specialized agency concerned or the industrial zone management Board export processing zones, hi-tech zone, economic zones (for projects located in industrial zones, export processing zones, hi-tech zone, economic zones).
2. within 10 working days from the date of receiving the written opinions, the bodies referred to in paragraph 1 of this article according the functionality, the Mission has verified the written comments sent the Department of planning and investment and take responsibility for the problems in his management functions.
3. content verification support investment: a) investment project subject to the provisions of Decree No. 210/2013/ND-CP;
b) investment projects meet the conditions supported investment provisions in Decree No. 210/2013/ND-CP;
c) scrutinize the investment support that proposed business provisions in Decree No. 210/2013/ND-CP;
4. within 10 working days from the date of expiry receipt of the opinion of the Agency, the Department of planning and investment, General comments of the agencies involved and the ability to balance the base budget for the proposed investment support of business to establish the assessment provincial people's Committee decided to support the investment for the project.
a) cases there are many different opinions, planning and institutional assessment meeting before the provincial people's Committee.
b) where the project was made before the date of the Decree No. 210/2013/NĐ-CP dated effect, Department of planning and investment to host check and set up a reality check the content to support business investment before the provincial people's Committee, as stipulated in article 14 of this circular.
c) project cases using the central budget support as defined in article 17, the Decree 210/2013/ND-CP, provincial people's Committee suggested the report verifies and reports the results of the assessment the planning and investment Ministry of planning and investment capital sources to verify it.
5. within 10 working days from receipt of the records suggest that interrogation of local support, the Ministry of planning and investment, Ministry of finance and the opinions of related agencies (if necessary); Within 7 working days from the date of receiving the written opinions, the Finance Ministry and relevant agencies have submitted written comments to the Ministry of planning and investment to have comments about the source of capital and capital balances capacity from the central budget to support the project , send the local.
6. within 10 working days from the date of the assessment of the Department of planning and investment for projects using local budget, or written verification of the Ministry of planning and investment for projects that use the central budget support, the provincial people's Committee issued decision support for investment projects. The case rejected a part or the whole of the investment support as suggested by enterprises, Department of planning and investment has written notice and stating the reason for the business to know.
The decision to support the investment according to the form prescribed in annex III attached to this circular.
Article 6. Trials completed investment items, packages of the project 1. Businesses and contractors (if any) of self and take responsibility for the accuracy of the content.
2. After completing the self test, the business case needs to disburse aid according to the provisions of point b item 2 article 17 of Decree 210/2013/ND-CP, business proposal writing agency chaired trials specified in paragraph 13 of article 3 of this circular to confirm the complete volume of investments , package.
Within 5 days of receiving the written recommendation of the business, the Agency chaired trials to check and set the minutes confirmed the volume of completed investments, the project's package. Each of the participants are keeping 1 a, enterprises are keeping 2 copies made pursuant to disburse aid with the State Treasury.
The case of the category of investment, complex technical package, the Agency chaired trials offer more specialized agencies confirmed the mass finish.
Article 7. Trials completed projects 1. Record collecting: a) the text of recommendation (original);
b) decided to support the investment of provincial people's committees;
c) decided to approve the design, estimation according to the jurisdiction rules in paragraph 15 of article 3 of this circular;
d) purchase contract (in case of sale of goods);
DD) certificate of origin of goods, goods quality certificate (if the imported goods);
e) report results of studies of the subject/project trial production (for the products of science and technology).
2. enterprises filed 10 record as defined in paragraph 2 of this Article (including 1 set of original records) by post or submitted directly to the host.
3. within 5 working days the Agency chaired trials "are responsible for inviting representatives of planning and investment, Department of finance, the specialized agency concerned, the people's Committee at district level where implementation of the project and the business Rep conducted trials project completion.
4. content testing: test test records; confirm the volume of completed; check the implementation of the project according to the provisions of Decree No. 210/2013/ND-CP and the provisions of this circular.
5. The Agency chaired trials establish the minutes of trials completed project, signed by the representatives involved trials; each of the participants be kept 01, businesses are keeping 2 copies do legal base to disburse aid with the State Treasury.
Article 8. Billing, payment, account management support the payment, settlement and account management support for business conducted under the guidance of the Ministry of finance.
Chapter III INVESTMENT SUPPORT PLANNING, INVESTMENT MONITORING and REPORTING REGIME of article 9. Build the program to encourage businesses to invest in agriculture, rural areas 1. Investment demand base, Department of planning and investment to establish the list of projects calling for investment in rural agriculture, the local provincial people's Committee approval of the Conference and encourage businesses to invest in agriculture, rural or put into the Conference program of local investment promotion (conference time for at least 3 years).
2. provincial people's Committee approved the list of projects expected to be State support annual and medium term investment on the basis of the aggregate investment demand due to business proposals. Before the approval of the provincial people's Committee, reported the Ministry of planning and investment to consider commenting on the directory of the project. Sample portfolio invested in agriculture, rural areas and medium term as specified in annex IV attached to this circular.
3. principles of building categories according to the following order of priority: a) project associated with restructuring the agricultural sector according to the decision No. 899/QD-TTg dated 10 June 2013 of the Prime Minister approved the project of restructuring the agricultural sector towards improving the value and sustainable development.
b) construction projects have the raw materials, the production of raw materials has links with farmers by decision No. 62/2013/QD-TTg on October 25 in 2013 by the Prime Minister on the policy of encouraging the development of cooperation, links the production associated with the consumption of agricultural products, construction of large fields.
c) projects that use more labor and have more impact on the economy of the local society.
Article 10. Investment support planning for business 1. The base plan: a) instructions of superior bodies of building plans for socio-economic development and the medium term.
b) the project has decided to support investment in c) ability to complete the project according to the approved schedule.
2. Order and delivery of the plan: a) to base regulation on request using local budget in clause 1, article 17 of Decree 210/2013/ND-CP, Department of planning and investment to host, in cooperation with related agencies expected to balance capital level using local budgets and annual medium term report provincial people's Committee, the people's Council, the same level of determination Plan of the level which made the Decree 210/2013 issued annually and the medium term.

b) after having a total capital level, planning and investment based on the performance of the project, the project list and scheduled allocation support for each project report provincial people's Committee, the authority to decide.
c) for the project has been approved to support from the central budget, the Department of planning and investment to establish the category reported the provincial people's Committee in the Ministry of planning and investment, the Ministry of finance to General.
d) Ministry of planning and investment to host, in cooperation with related agencies balance the central budget funds to support local implementation of Decree No. 210/2013/ND-CP, report the authority to review the decision.
DD) after the Prime Minister has decided to allocated the total capital level of support for the ministries and localities; The Ministry of planning and investment Affairs planned details of each project and specific capital levels under the annual plan, the medium-term plan for the ministries and local.
e) provincial people's Committee announced the project portfolio and the level of capital support for the business, which was planned for each of the categories of investment, the project's package due to business decisions and to inform the relevant State agencies to do the confirmation basis, in the course of the project.
g) time and delivered the plan: set up and delivery plan for the project to be implemented together with the planned budget according to the provisions of the investment law. The project was implemented when a decision is supported by the competent agency, before being delivered to support capital planning.
Article 11. Integrating the capital source implementation of Decree No. 210/2013/ND-CP 1. The project made under the provisions of Decree No. 210/2013/ND-CP is permitted to use many different sources of capital, including from national target programmes, targeted support programs from the central budget, capital from the local budget, other legal sources.
2. Every year when provincial people's Committee was informed of the level of capital support from the central budget for the national target program, program support objectives, investment planning and coordinated with relevant departments to actively integrating the resources on expected to be allocated to the projects of the enterprise made under Decree No. 210/2013/ND-CP, report the provincial people's Committee in the Ministry of planning and investment, General.
Integrating priorities of capital from those programs, the project has the same goals as the training of human resources, science and technology.
3. Integrating the funding assistance from the central budget for the project had in the category are the Ministry of planning and investment Affairs: after the State planned to be a minimum of 6 months, the provincial people's Committee has the right to transfer the capital of the project does not have the ability to make or made ineffective for the project to be supported in accordance of Decree No. 210/2013/NĐ-CP dated after the opinion of the Ministry of planning and investment.
4. Integrating funding from local budgets: the provincial people's Committee decision integrating the funding from local budgets as soon as the annual planning, medium term plan to implement Decree No. 210/2013/ND-CP. 5. For use mainstreaming to capital projects, enterprises are entitled to apply provisions implementation of disbursement, Decree No. 210/2013/ND-CP and the implementation guides.
Article 12. Investment monitoring and reporting 1. The provincial people's Committee has the responsibility for directing the Department of planning and investment and the professional body overseeing the implementation of implementing Decree No. 210/2013/ND-CP and this circular, check the management and use of the support account under the provisions of the law.
2. in case of improper execution business content are incentives, support compared to support investment decisions, planning and investment reported provincial people's Committee to review the decision to revoke the incentives, in support of the content improperly, and filed on the State budget or transfer to other project support was crucial incentives support, after the opinion of the Ministry of planning and investment for funding support from the central budget.
3. When finished business investment projects, business plan monitoring, assessment of investment projects under the provisions of Decree No. 113/2009/ND-CP on December 15, 2009 by the Government on monitoring and assessment of investment planning and investment sent to General.
4. provincial people's Committee reviews the implementation of Decree No. 210/2013 issued locally, reported the Ministry of planning and investment, Ministry of finance and the Ministry of agriculture and rural development in September every year.
The report stated the section which done, the situation of the business activities are supported, the obstacles and difficulties of Decree No. 210/2013/ND-CP, and recommended to the Central Agency.
Chapter IV the TERMS OF IMPLEMENTATION of article 13. Responsibility of Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the central cities, the heads of the relevant units responsible for implementation of this circular.
Article 14. Transitional provisions the project was made before February 10, 2014, on Decree No. 210/2013/ND-CP of effect which meets the conditions of support, incentives are incentives, support for the following: 1. Enjoy incentives, support for the remainder of the project from February 10, 2014.
2. support for the investment project's package, perform the following on February 10, 2014.
3. No support and retroactive costs for investments, tenders were made before February 10, 2014.
Article 15. Iực effective enforcement 1. This circular has the effect after 45 days from the date of signing and abolish circular No. 09/TT-BKHĐT/2011 January 6, 2011 guide profile, sequence, procedure of "confirmation of support additional investment for business investment in rural agriculture, according to Decree No. 61/2010/ND-CP dated 12 April 2010 the Government's" 2. In the process if there are difficulties, obstacles and suggest the ministries, the people's committees of provinces and cities in Central, the business timely reflection of the Ministry of planning and investment and the relevant ministries to study the amendments and supplements as appropriate./.