Decision 24/2012/qd-Ttg Dated: About Forest Development Investment Policy For The Period 2011-2020

Original Language Title: Quyết định 24/2012/QĐ-TTg: Về chính sách đầu tư phát triển rừng đặc dụng giai đoạn 2011 – 2020

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on State budget for 2002;

Pursuant to the law to protect and develop forests in 2004;

Pursuant to the law on investment in 2005;

Pursuant to Decree No. 23/2006/ND-CP dated 3 March 2006 from the Government about the implementation of the law on the protection and development of forests;

Pursuant to Decree No. 117/2010/ND-CP on December 24, 2010 by the Government on the Organization and management of the system of special purpose forests;

According to the recommendation of the Minister of planning and investment;

The Prime Minister issued a decision on forest development investment policy for the period of 2011-2020, chapter I GENERAL PROVISIONS article 1. Investment perspective and encourage forest investment and development of special purpose 1. Special purpose forests as national property. Protection and development of special purpose forests is the responsibility of the State and society as a whole.

2. State investment in the construction of infrastructure, the essential material and warranty costs for the operation of the air management, forest protection, conservation, monitoring of biodiversity monitoring, scientific research, training of human resources, forest protection education, improve the lives of people in forests of special purpose and buffer zone 3. The State encourages the development of the environmental services of forests, eco-tourism business in the forest of special purpose consistent with the provisions of the law, in order to generate revenue to offset the costs, raise the income of staff, public servants and the gradual replacement of investment from State budget sources.

4. State policy to support investment and create mechanisms that benefit for the economic component, a rural community participation in investment protection and forest development of special purpose.

Article 2. Targeted investment policies enacted and encourage forest investment and development of special purpose 1. Issued investment policy, special-purpose forest development mechanism in order to increase investment efficiency. To ensure the close monitoring of levels of Administration for special use forests, at the same time increase the initiative of the management of special-purpose forests in active management, business services in the forest of special purpose aimed at increasing revenues in the forests of special purpose on the principle of conservation combined with development.

2. responsibility of the user the benefit of the forest with the development and protection of forest development of special purpose, increasing the efficiency of State investment.

3. Mobilizing the economic sectors involved in investment protection, development of special purpose forests. The descending direction of State forest protection staffing, special-purpose, gradually increasing the use of local communities to forest protection, special purpose.

4. Investment and development of special purpose forests in order to conserve nature, standard model forest ecosystem, the forest creatures genetic resources; scientific research; protection of monuments of history, culture, attractions; serve the rest, travel, combine, contribute to environmental protection.

Article 3. Scope and objects 1. This decision regulates the content, investment criteria; funding forest protection management utilizes capital budget and mechanisms to encourage investment and development of special purpose forests.

2. This decision applies to State agencies, organizations, communities, households and individuals related to investment and development of special purpose forests in Vietnam.

Article 4. Explanation of terms 1. Special-purpose forest management is the State forest management interface a or some special-purpose forests as defined by the law on the protection and development of forests.

2. residential community of the buffer including the rural population, a legal residence in the area has natural boundaries adjacent to the forest of special purpose, or are in special-purpose forests known as the rural residential community of a buffer zone of forest of special purpose.

3. investment decisions: authority for forest management projects, special-purpose Ministry, the central management of the industry Ministry, the industry decided to invest; the project of forest management of special purpose directly under the local people's Committee is the investment decision (hereinafter referred to as the authority).

Chapter II the STATE BUDGET INVESTMENT for SPECIAL PURPOSE FORESTS article 5. Planning and project development, special-purpose forests 1. Development of special-purpose forests: forest management planning for development of special purpose special purpose forests (including ecological tourism development) the approval authority; planning period is 10 years.

2. Establishment, approval of investment projects: the Management Board set up investment projects, development of special purpose forests consistent with approved planning and the approval authority according to the regulations on the management of the State's current investment.

Article 6. Categories and criteria of forest investment and development of special purpose, special-purpose forest investment and development every step of the deployment, the ability to match savings capital. The State budget for investment projects in the special-purpose forests according to the priority order as follows: 1. Office work and staying home for officers: a) the Office of forest management work of special purpose made under decision No 147/1999/QD-TTg dated 5 July 1999 and decision No. 260/2006/QD-TTg dated 14 November 2006 of Prime Government regulations, standards and norms used the headquarters working in State agencies, business units.

b) forest protection management Stations an average 200 m2/station and ancillary works and works on the other side as water hygiene, protective barrier.

c) staying in the Home (collective) associated with the work of the officers, staff officers have no place in the locality, the average of 12 m2/person.

d) the special case where the forest management office of special purpose, forest protection management stations without planning the national grid system, which allows independent power systems (solar power, wind power, hydropower, ...).

2. investing in roads: a) the roads from the existing main roads to the Office of the special-purpose forest management according to criteria from level III to level V, consistent with the level of existing main roads in the area.

b) internal road in administrative subdivision in the area, services of staff; signs, road patrol the woods have a width of not more than 1.5 m.

c) parking boat for Office locations, forest protection management stations are located next to the river sea, consistent with the forest development plan, special-purpose and ability to balance capital source.

3. forecasting equipment, fire; the works, fire equipment, including: forest fire forest fire Sentry Towers, the system of canals, dams, lakes, workout Home hot water reserve, runway plagued fire, fire sea board systems, facilities and equipment, other fire fighting tools under the guidance of the Ministry of agriculture and rural development.

4. The works are invested according to the approved projects include: Garden collection and storage of plant genetic resources incorporating the garden varieties; Rescue Centre combines wildlife grazing; Environmental Education Centre combines the Guest House; the House Museum of fauna; the service works in scientific research.

5. Infrastructure works serve eco-tourism, environmental services; investment priority tourism infrastructure projects located in the master plan was approved by the authority of the special-purpose forest management pilot conversion sales.

Article 7. Funding and career management funding forest protection special purpose 1. The State budget ensures regular career funding for the activities of the special-purpose forest management by the competent decision; allocation in the estimation of the annual State budget.

2. In addition to the regular career funding specified in paragraph 1 of this article, State funding forest protection management stability to management of special-purpose forest celebrated rent, lease, contract residential community in place, stores equipment to manage forest protection; the average 100,000 VND/ha/year calculated on the total area allocated (specific levels by the competent agency decision). The content of this clause by the annual spending levels approved by the authority.

3. expenditure plan funding annual forest protection management for each specific item should be publicly available in forest management, special-purpose and why send all the units management.

Article 8. Support for community development, special-purpose forests buffer 1. The State budget investment support for rural residential community a buffer to a special forest management; the level of support for each of the villages is 40 million/village/year.

2. this budget was spent on the content: investment development capacity production (agriculture, forestry, plant, seed, agricultural and forestry equipment, small scale); support of building materials for the village (for the community's public works such as clean water, electricity, lighting, communications, roads and villages, cultural ...).

3. special-purpose forest management was entrusted to manage this funding under the provisions of the management cost of the current economic career. Detailed estimation of investment support annual buffer must do village planning proposals; Special-purpose forest management hosted, in cooperation with the people's committees of communes with each village to Council approval (not set investment project). This spending plan is tied to the plan, is committed to protecting the forest special purpose; village would make forest protection, forest management, special purpose reserves transferred to capital support for other villages. Community monitoring organization made this content according to the rules of democracy.

Article 9. Investment capital, special-purpose forests 1. The central budget investment for special purpose forests due to the Ministry of agriculture and rural development management.

2. local budget investment for special purpose forests due to local management. The central budget support targeted investments for the national local and special-purpose forests located in the border districts, islands of the local budget troubles.

3. revenue from capital gains of the service activity, activity, link, business unit, business Corporation in the forest service special-purpose (if any), the forest environment, the rental costs of forest environmental services and other services of special-purpose forest management.

4. the capital of the other organizations and individuals to invest in the development of special purpose forests.

5. total capital and investment of his career from the State budget for the policy about 5,500 billion in investment capital that is 50%.

Chapter III ENCOURAGE FOREST INVESTMENT DEVELOPMENT FEATURED article 10. Eco-tourism business in the forest of special purpose 1. The State promotes the economic development of ecotourism in the forest of special purpose.

2. development of ecotourism in the forest of special purpose follow the planning and regulation of business law, the law on the protection and development of forests, this decision and the current rules of the State.

a) in the strict protection zone: set the maximum width of the trails are not exceeding 1.5 m, tent stay, plug the signs to combined patrols serve ecotourism services, do not alter the natural landscape of the forest.

b) In ecological recovery areas: open the main axis road, construction works to protect and develop forests combine to serve the activities of service-travel. The extent of the impact of the infrastructure works serve for eco-tourism activities to a maximum of 20% of the total area of planning for tourism and service activities. In that area, the works of service for service activities-travel must not exceed 5%; trail construction area, rest stop, parking not to exceed 15%.

c) In administrative services sector, protect the landscape, the forest science research maximum area to build the Active Server services-travel no more than 20% of the total area of sector administrative service or landscape protection areas, forest science research.

Article 11. Pilot Sales Department of tourism-dependent accounting management of special-purpose forests to establish joint stock companies 1. Sales Department of ecotourism current dependent accounting (travel Center, ban travel...) of special-purpose forest management have sales on 3,000 million/year to be converted into a joint stock company in which special-purpose forest management owns the dominant stock, minimum 51% of the Charter capital of a joint stock company (hereinafter called the company).

2. The Ministry of agriculture and rural development, in collaboration with the Ministry of planning and investment, the choice of a national Ministry and a local affiliated national to direct the pilot, the company shares according to the provisions in clause 1, 3 and 4 of this Article.

3. Convert the Sales Department of ecotourism services to the company is allowed to apply the provisions of the Decree No. 56/2010/ND-CP on November 18, 2011 on the transformation of State enterprises into joint stock companies (hereinafter the Decree 59/2010/ND-CP). Forest management of special purpose project transformed the Business Department approval authority. Property of special-purpose forest management moved to forest development corporation featured include: lodging, the right to exploit the ecological tourist destination, visitors center, offices (including the land outside an area of dense forest) and the other business possible property, the property is priced according to the provisions of the Decree No. 56/2010/ND-CP and the writing direction the current lead; excluding the value of land use planning is the forest of special purpose specified when the families property on that land.

4. Forest Development Corporation of special purpose made the whole business activities of forest management of special purpose (including costs of sightseeing attractions of the forest). Forest Development Corporation, special-purpose forest environment lease under the floor price rule; rent of attractions, special-purpose forest management to sales, price to rent the two sides identified 5 year period not exceeding 50 years.

Article 12. Environmental rental special-purpose forest for eco-tourism development 1. Based on the development plan, special-purpose forests, forest management, special-purpose are permitted for organizations, individuals, special-purpose forest environment lease (attached to the land, water) to eco-tourism business. No ticket sales operations for rental costs in the forest of special purpose not in that organization's rental area.

2. forest habitat due to rental Price level has the authority to decide; or the price of rent is determined through an auction event of two organizations, personal back up along the forest environment lease proposal. Determine the rental price initially mutually agreed adjustments of 5 years but not more than 2% of sales. Period not exceeding 50 years, after this time if done for the right rental party contract management review, special-purpose forests continue to extend the lease, but does not extend beyond 20 years.

3. In addition to the rent, business environment of forests, forest management, special-purpose also allowed for short term rental forest habitat to research science (not rental), rents according to the parties to the agreement and in accordance with the law on the protection and development of forests.

4. Before you sign the lease forest habitat, forest management, special-purpose to investigate forest resources statistics on the area as a base to hire and supervise rental after this.

5. The Ministry of agriculture and rural development in collaboration with the Ministry of Finance shall guide the computer special-purpose forest rental price.

Article 13. Forest development investment incentives, special-purpose 1. Business services and investments in special-purpose forests applies preferential enterprise income tax according to the provisions of article 8 of Decree 69/2008/ND-CP on May 30, 2008 by the Government on the policy to encourage socialization with respect to activities in the field of education , health, sports, culture and the environment. In addition the project to develop the forest special purpose according to the approved plan are entitled to the highest preference level according to the current rules of the State.

2. Land of infrastructure construction is in the project to develop the forest special purpose has been approved by the authorized rate of less than 5% of the forest area of special purpose shall allow performing investment activities build upon the progress of approved projects; Special-purpose forest management procedures for land use transformation once for all the categories of land use after completion of the investment project or with land use planning period of 5 years by the local authority for approval.

3. special-purpose forest management initiative using animals, plants were dead was confiscated from geographical (there is a confirmation of the district police, Ranger) to invest in the management of forest protection, scientific research, develop eco-tourism. Before use, special-purpose forest management authority reports on content usage.

Article 14. Using revenues from eco-tourism activities in the forest for the entire profits are as follows: revenue from the operation of the service, the forest environment, the rental fee of forest environmental services (according to the Decree 99/2010/ND-CP), profits from the joint venture activities, the profits of a special forest management in Forest Development Corporation of special purpose (if any) and the another legitimate source of revenue is used as follows: 1. Use the 25% of revenues on to replace capital budget for the cost of his career, forest management provisions of article 7 and article 8 of this decision. If replacing the level budget that balances to transfer the residual limb for the content specified in paragraph 2 of this Article.

2. special-purpose forest management is used 75% of revenues remaining for the objectives in order of priority as follows: a) support salary increases for staff, the staff are working in special-purpose forest management but the total salary (including base salary and support) must not exceed 2.5 times the basic salary according to the regulations.

b) support for the community development activities in the buffer zone of the forest special use (under article 8 of the decision).

c) spent on investment and business activities in eco-tourism.

d) set up the Fund as stipulated in Decree No. 43/2006/ND-CP dated 25 April 2006, the Government's autonomy, self responsible for performing the tasks, organization, staffing and finance for business units.

Chapter IV IMPLEMENTATION article 15. The responsibility of ministries, sectors and localities 1. The Ministry of agriculture and rural development: a) check, monitoring the implementation of this decision, the annual monitoring reports made the decision to send the Prime Minister and the Ministry of planning and investment, Ministry of finance.

b) building evaluation criteria issued annually in the quality management of forest protection, special purpose.

2. Ministry of planning and investment: a) presiding, in cooperation with the Ministry of finance, Ministry of agriculture and rural development, balance development investment capital in the Prime Minister's decision.

b) is responsible for the governance of investment; in collaboration with the Ministry of agriculture and rural development, the Ministry of finance and the provincial people's Committee to examine, supervise the investment for special use forests.

c) guide implementation of the provisions of article 11 of this decision.

d) is responsible for the comprehensive assessment of the social, economic, environment within a period of 3 years and 5 years to report the Prime Minister considers supplementary adjustment, this policy.

3. The Ministry of Finance: a) presiding, in cooperation with the relevant ministries, ensure balanced funding career, forest management funding for ministries, sectors and localities; When delivered the annual budget plan stating the category of special forest development expenditure of the Government decision.

b) detailed instructions and content costs stipulated in article 7 and article 8 of this decision.

4. the people's committees of provincial level a) within 2 years from the date of this decision to take effect, the Chairman of the provincial people's Committee has the responsibility to grant land use right certificate for forest management purposes does not yet have certificates of land use in the area.

b) ensure enough investment funding and career forest management according to the provisions of article 6, article 7 and article 8 of this decision for the forest management of special purpose local management under the provisions of the law on the State budget.

c) directing the management of forests, special-purpose creation, planning, investment projects according to the regulations.

d) direction, implementation, testing, monitoring the process of implementation of this decision. Quarter and annually report the implementation of this decision last year to send to the Ministry of agriculture and rural development, the Ministry of planning and investment and the Ministry of finance to General.

Article 16. Investment management and investment monitoring 1. Manage the planning and construction investment according to the current rules of the State. Special-purpose forest management Committee is responsible for construction, the competent State bodies for approval and implementation planning, planning of programmes and projects aimed at protecting investments and development of special purpose forests; the owner for the work by which the State budget on special-purpose forest area assigned.

2. forest management special purpose comprehensive responsible before the competent authorities on the use of capital and the State's true purpose, the right audience efficiency savings.

3. special-purpose forest management committee has the task of building the monitoring report six months and annually on the implementation of the strategy, planning, plan, forest environment lease financing of the management of special-purpose forest sent to the investment decision and the relevant agencies of the province.

4. The competent State agencies overseeing investment organization and supervision of the management of forest protection, special-purpose forest management according to the rules.

Article 17. Terms of implementation 1. This decision had effect since July 20, 2012.

2. The previous provisions contrary to the provisions of this decision are abolished.

3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this decision.