CIRCULAR ADDITIONAL amendments to SOME ARTICLES of the CIRCULAR NO. 24/2013/TT-BNNPTNT on 06/5/2013 of the MINISTRY OF AGRICULTURE and RURAL DEVELOPMENT RULES of FOREST PLANTING ALTERNATIVE FOREST USES when YOU SWITCH to a DIFFERENT PURPOSE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law to protect and develop forests in 2004;
Pursuant to Decree No. 199/2013/ND-CP dated 26/11/2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to Decree No. 23/2006/ND-CP dated 03/03/2006 by the Government on the implementation of the law on the protection and development of forests;
At the suggestion of the General Director of the Forestry Bureau;
The Minister of agriculture and rural development issued a circular amending and supplementing some articles of circular No. 24/2013/TT-BNNPTNT on 06/5/2013 of the Ministry of agriculture and rural development rules of forest planting alternative forest uses when you switch to a different purpose.
Article 1. Amendments and supplements to some articles of the circular No. 24/2013/TT-BNNPTNT on 06/5/2013 of the Ministry of agriculture and rural development rules of forest planting alternative forest uses when converting to other purposes 1. Item 2 article 2 is modified as follows: "2. forestation projects Have replaced forests transition to other purposes, with an area of forest planting at least replacement of forest by turning to other purposes the competent State agencies; payment vouchers or afforestation replacement ".
2. Paragraph 1 of article 3 be amended and supplemented as follows: "1. organizations and individuals, as the project has moved forest use to other purposes the organization responsible plans alternative reforestation (hereafter abbreviated as option) the people's committees of provinces and cities under central (hereafter abbreviated to provincial people's Committee) for approval. The case of forest transition to other purposes located in several provinces, the central cities, the establishment of separate projects for each province.
a) case of projects with investment capital from the State budget transferred to forest uses other purposes before the circular No. 24/2013/TT-BNNPTNT on 06/5/2013 effect is not necessarily build alternative private reforestation projects, the Department of agriculture and rural development list the area is the replacement of the reforestation projects, build 0.1 reforestation projects replace the whole of the General, the provincial people's Committee for approval. Scheme set up according to the model in Appendix 3 attached to this circular.
b) where the project moved to forest use business purposes, the owner of the project do not have self organized forest planting conditions which made the payment to replace the reforestation plans of planting forests is not replaced, the Organization made under Paragraph 5 of this Article ".
3. Point a Paragraph 2 of article 3 is amended as follows: "a VARIANT Name) growing replacement forest is an area of the forest turning to other purposes".
4. Item 2 article 4 is modified and supplemented as follows: "2. The Director of the Department of agriculture and Rural Development Council of the evaluation methodology included: representative of the Department of agriculture and rural development, the Department of natural resources and environment, Department of planning and investment, the people's Committee at district level where land for growing replacement forest scientific organizations involved, the number of members of the Board a minimum of 5 (five), a leader in the Department of agriculture and rural development, Chairman of the Council.
The case of alternative forest planting projects have a total area of less than 50 hectares is not necessarily established authority scheme with full composition rules on this. The Director of the Department of agriculture and rural development decided the number of ingredients appropriate authority ".
5. Article 6 is modified and supplemented as follows: "article 6. Solve the afforestation project for alternative transfer purpose use the forest to business purposes that Project Server does not have the conditions for organizing forestation instead.
1. where the provincial people's Committee arranged land for reforestation of local alternative: a) the project has transformed the purpose of use of forests prior to circular No. 24/2013/TT-BNNPTNT on 06/5/2013 effective enforcement, the provincial people's Committee decided to replace the forest plantation projects do pay reforestation replaced at the latest before 30/9/ 2015. b) for the purpose of transferring projects to use forest after the time of circular No. 24/2013/TT-BNNPTNT on 06/5/2013 effective enforcement, the owner of the project have suggested text provincial people's Committee approved the payment approach afforestation instead.
The records include: text of proposed project owner people's Committee approved the payment approach afforestation; demonstration projects have made forest uses (text enclosed).
The amount and manner of filing: 1 Ministry, filed directly or by post.
Within 15 (fifteen) working days from the date of the profile of the project, the provincial people's Committee reviewed, resolved and notified in writing to the project owners know to make.
c) provincial people's Committee decided to unit price, total amount of reforestation, project owners time to submit to alternative forest planting. The unit cost is calculated by replacing the reforestation units/ha (including survey costs, design, construction, forest management costs until the forest) according to the level of estimation the average forest growing in the province at the time of submission of the project owners money.
d) protection and forest development Fund the reception, management of money alternative reforestation, disbursements under the approval of the provincial people's Committee to organize the planting of the forest instead.
2. where the Fund no longer local land for afforestation: a) the project has transformed the purpose of use of forests prior to circular No. 24/2013/TT-BNNPTNT on 06/5/2013 effective enforcement, the provincial people's Committee decided to replace the forest plantation projects do pay reforestation replaced at the latest before 30/9/2015.
b) for the purpose of transferring projects to use forest after the time of circular No. 24/2013/TT-BNNPTNT on 06/5/2013 effective enforcement, the owner of the project have suggested text provincial people's Committee approved the payment approach afforestation instead.
c) provincial people's Committee established the text of proposed Ministry of agriculture and rural development approved payment methods alternative of reforestation projects. The records include: text of the provincial people's Committee proposed the Ministry of agriculture and rural development; the list of projects undertaken obligations reforestation alternative (text enclosed) was established according to the model in annex 4 attached to this circular.
The amount and manner of filing: 1 Ministry, filed directly or by post.
d) within a period of 20 (twenty) working days from the date of the profile of the provincial people's Committee, the Ministry of agriculture and rural development review, the afforestation area layout replaces other local areas within the country; decide the price plantation, the total amount of time, the project owner must submit to forest planting; notice in writing to the provincial people's Committee and project owners know to make.
DD) unit price is calculated by replacing the reforestation units/ha (including survey costs, design, construction, forest management costs until the forest) according to the average level of afforestation estimation at the time of submission of the project owners money.
e) protection and forest development Fund Central receiving, management of money alternative reforestation, disbursements under the approval of the Ministry of agriculture and rural development to forest planting organization instead.
3. the amount remitted to the Foundation and development of protection forest to forest planting was deployed just replacement afforestation, special purpose. "
6. additional annex 3: replacement of forest plantations moved to public works construction; Appendix 4: list of projects undertaken obligations alternative to fund reforestation and protection of forest development Vietnam.
Article 2. Terms of implementation of this circular is effective from September 15, 2015.
In the process of implementation of this circular, if there are problems and obstacles, the agencies, organizations, individuals timely information about the Ministry of agriculture and rural development to research additional amendments./.