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Circular 10/2005/tt-Bkhcn: A Guide To Building And Deploying The Project Arrangements, Innovation And Development, State Forestry

Original Language Title: Thông tư 10/2005/TT-BNN: Hướng dẫn xây dựng và triển khai đề án sắp xếp, đổi mới và phát triển nông, lâm trường quốc doanh

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Circular build and deploy the project to organize, innovate and develop agriculture, forestry school.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 170/2004/ND-CP of September 22, 2004 by the Government on the arrangement, the renovation and development of farm business;
 
Pursuant to Decree No. 200/2004/ND-CP dated 03/12/2004 by the Government on the arrangement, and state forestry development;
After taking comments of the ministries concerned, the Ministry of agriculture and rural development guidelines to build and deploy the project arrangements, innovation and development of agricultural, forestry school.
I. GENERAL PROVISIONS 1. The purpose of project requirements, arrange, innovation and development of agricultural, forestry and State school a) building project organiser, innovation and development, state forestry aims to:-evaluate the reality of agriculture, state forestry to classify, arrange existing forestry agriculture, according to the type of provisions of article 4 of Decree 170/2004/ND-CP of September 22, 2004 by the Government on the arrangement, the renovation and development of farm business and article 4 of Decree 200/2004/ND-CP dated 03/12/2004 by the Government on the arrangement, the renovation and development of forestry business.
-On the basis of classification, arrangement to build and apply appropriate policy mechanisms with each kind of agricultural, forestry to effectively use land resources, management, protection and sustainable use of forest resources; improve production efficiency, the business of agriculture, forestry school; to create more jobs and income for workers; contribute to poverty, poverty alleviation, socio-economic development, ensure security, on defense.
b) required-the project must be specific, close to reality and to ensure the feasibility, in order to achieve the objective, the principles of the arrangement, the renovation and development of agricultural, forestry school.
-The content of the project must be clearly shown to be functional, the task of each agricultural school after conversion, rearranged. Define, distinguish clearly the task of public utility and production business.
-Project and solutions to resolve land and labour, must be considered when building and project organization.
2. building base project of sorts, innovation and development, state forestry-Decree No. 170/2004/ND-CP of September 22, 2004 by the Government on "sort, innovation and development in State Farm" and the text direction of the ministries made this Decree.
-Decree No. 200/2004/ND-CP dated 03/12/2004 by the Government on "sort, innovation and state forestry development" and the text direction of the ministries made this Decree.
-Planning, planning of economic development-society; planning, land use planning and urban planning 3 types of forest; planning, development plans, local forestry.
-Area of agricultural soils, the forest is managed and used.
-Production efficiency, the business of agricultural, forestry and State schools in the years 2002, 2003, 2004.
-Organization of production projects, the business of agricultural market for the coming year.
3. Object the object arrangement arrangement prescribed in this circular includes agriculture, state forestry; the companies, agricultural companies, existing State forestry, State Affairs, land rental to use on production purposes, business, agriculture, forestry and aquaculture.
With regard to agriculture, forestry school members are dependent accounting units of the agricultural and forestry companies must conduct the reorganization, but when done right conduct in the framework of the arrangement, the renovation and development of the company; the agriculture, forestry, if kept as production units, accounting business depends, you can keep the old name, does not necessarily name changes.
II. Transition, Agricultural REORGANIZATION Of EXISTING BUSINESS SCHOOL 1. 1.1 farm. Agriculture was further strengthened in order to improve the efficiency of production, business include: a) duty farm production, specialized business perennial, have the infrastructure is relatively complete, profitable or offset the costs.
This farm type, need to concentrate on investment-intensive area of garden plants have grown attached to investments to renovate, upgrade, expand existing processing facilities or build new processing facilities towards mobilizing organizations and individuals inside and outside the participating farm stock; just expand the area planted when the project is really effective. Land not used or used poorly, the provincial people's Committee, the city recovered centrally to lease under the provisions of the law of the land.
b) mission farm produce business, annual crops and livestock has delivered a stable, long-term stock to employees; forming the focus products, large scale, providing raw materials for processing and agricultural goods for export; profitable or offset the costs.
This farm types need to reorganize production, do offer clues like tree planting, livestock, construction applications and the transfer of technical progress, development of processing and consumption of products for farmers in the region.
The people's Committee, the central city in the area is not used or used inefficient to deliver, for rental to others.

1.2. the conversion tasks to farm produce, like business, build the application model and to transfer technical advances for farmers in the region include the annual tree production farm and breeding facility processing, production, inefficient business, made of white land securities for workers.
The farm only retain a portion of land sufficient to operate the business, as production on the remaining area, the people's Committee of the central cities, recovered to or lease under the provisions of the law of the land.
1.3. dissolution of farm include the poor farm, do 3 years consecutive losses since 2002, current farm income based mainly on land rental income, there is no effective remedy approach.
1.4. continue to retain farm includes the farm in the remote areas, borders, Islands have many ethnic minorities and certain service requirements, immigration, security-defense.
Farm management is only part of the land is suitable for the production of seed, build the application model, the transfer of technical progress and the construction of processing facilities serving the fellow in the region; tight match between the task of social-economic development with security, defense.
2. Forestry 2.1. Forestry was reorganized into the forestry companies are: a) forestry are managed mainly land and plantations not yet planning to plant forest production forest area of the scale focus, have productive, viable business.
b) are mostly management forestry production forests are natural forests and some forests planted forest lands, planning to plant production forest area focus, have productive, viable business.
Forestry company mission: manage, protect, cultivate, nurture the forest, mining, processing and consumption of forest products; the supply of raw materials for the production, the processing industry and consumer needs of the national economy. In addition, the company may be assigned missions ordered by the State, public interest or plans.
The people's Committee of the central cities, recovered the land and forests are not used or used inefficient to deliver, for rental to others.
2.2. the forestry transition Committee to manage the forest room households has an area of forests and forestry land not yet planning to develop forest protective forests from 5,000 hectares or over (the special case, the area may be smaller due to the people's committees, the central cities of decision) and 70% or more than the land area of forestry.
2.3. the forestry transition Committee to manage the special forest consists of an area of forests and forestry land not have Woods is planning to develop special purpose forests from 1,000 hectares above (special cases can smaller area by provincial people's Committee, the central cities of decision) and 70% or more than the land area of forestry.
The functions and tasks of forest management, forest management, special-purpose made under decision No. 8/2001/QD-TTg dated 11 January 2001 from the Prime Minister's on enacting regulations, special-purpose forests, forest and natural forest production forest.
The mechanism of financial management implemented by Decree No. 11/2002/ND-CP dated 16 January 2002 of the Government on the fiscal regime applied to business units have currency.
2.4. Forest transformed into business units have currency (Center, Camp, Station) do seedling production services, build the application model and to transfer technical advances for farmers in the region including forestry are managed under 1,000 acres of land, the distribution of fragmented, interspersed with farmland , near residential areas.
Financial management mechanism of this type implemented by Decree No. 11/2002/ND-CP dated 16 January 2002 of the Government on the fiscal regime applied to business units have currency.
2.5. State forestry must include: a) production forestry, business continuous losses the 3 years from 2002, there is no effective remedy approach.
b) forestry natural land area under 1,000 ha, fragmented distribution, interspersed with farmland and near residential areas, no demands and conditions to move to the business units have a currency as defined in 2.4, paragraph 2 of section II of this circular.
c) forestry are managed mainly land planning the construction of the forest, the forest of special purpose, but not enough to scale to move to forest management, forest management, special-purpose as defined in 2.2, 2.3, item 2 Item II of this circular.
d) forestry does not have the role and effects of the development of the economy, social security and defense.
2.6. for the forest has an area of forests and forest lands are planning to develop protective forest covering an area of 5,000 acres or more, from an area of forest construction planning of special purpose from 1,000 ha upwards, but accounted for 70% of the land area under forest was delivered resolves as follows : a) separating the land planning for the construction of the forest, the forest of special purpose to establish the forest, the forest of special purpose have private management or merged into the forest management, forest management, special-purpose of adjacent (if any).
b) only forestry management area planning section to build the remaining production forests.

III. The ORDER Of The ARRANGEMENTS, The RENOVATION And DEVELOPMENT Of AGRICULTURE And FORESTRY STATE SCHOOLS 1. Establishment of the Steering Committee to arrange, innovation and development of agricultural, forestry school.
The Steering Committee to arrange the renovation of agricultural, forestry enterprise was established under the direction of Deputy Prime Minister Nguyen Tan Dung in no. 387/VPCP-NN on January 21, 2005 by the Office of the Government, namely:-Central: the Minister of agriculture and rural development decided to establish the sort of innovation and agricultural development State forestry, as leaders of the Ministry of agriculture and rural development, Chairman, leadership level service the ministries concerned participated in the Steering Committee.
-In the local: innovation, business development and arrangement of the province, central cities, of the State Corporation arranged mission, innovation and development of agricultural, forestry and State schools in the central cities, and corporations.
Ban renewed, organise and develop agricultural, forestry and State schools have a duty to direct the function body build and deploy the project arrangements, innovation and development of agricultural, forestry and State schools; timely processing of the obstacles and difficulties in the process of building and implementing the scheme.
2. Construction of the scheme: 2.1. For departments: directing the functional unit building project organiser, innovation and development, state forestry departments of the Ministry, the Prime Minister's approval.
2.2. for the province, central cities: Department of agriculture and rural development coordinated with innovation, business development and arrangement of the agencies and people's committees help the Chief of the province, the city of centrally arranged scheme construction, renovation and development of agriculture State forestry, in the process of approval by the Prime Minister.
2.3. for the Corporation: directing the departments, enterprises directly under the building project organiser, innovation and development, State Forestry farm of the Corporation the Prime Minister for approval (for a total of 91 companies), The managing departments, to the general scheme of the Prime Minister for approval (for a total of 90 companies) project coming folded, innovation and development of agricultural, forestry enterprise of the Corporation is of the opinion and agreement of the people's Committee of the central cities, where there state forestry, farming.
3. Evaluation and approval of the project the project arrangements, innovation and development, State Forestry farm of the province, central cities; of the ministries, departments and of the Corporation (91), sent the Ministry of agriculture and rural development to organize the evaluation process of the Prime Minister for approval.
4. Implementing the scheme after scheme sort, innovation and development of agricultural, forestry and State schools are prime for approval, conduct the following: 4.1 specific content. Chairman of the provincial people's Committee, the central cities; The heads of ministries, departments and the Chairman of the Management Board Of the company to have sales of forestry, agriculture, out decides to organise the agricultural, forestry and State schools in the scope of management under the scheme was approved by the Prime Minister. Board of innovation, business development and arrangement of the central cities, and the Corporation directed the relevant authorities to guide the agricultural market to deploy the project arrangements, innovation and development of agricultural, forestry and State school according to the decision of approval.
4.2. The agricultural, forestry and construction project to convert the arrangement by the decision authority for approval with the following content:-management projects and land use;
-Employer approach;
-Financial approach and handle the debt;
-Forest modulation schemes (for forestry);
-Organization of production projects, the business after the transition.
4.3. Forestry in land converted to forest management, forest management, special-purpose, the business units have the currency conversion project.
4.4. The agricultural market in an elaborate scheme to dissolve.
4.5. the people's committees, the central cities, ministries, departments, approval of company transformation of the agricultural, forestry and range management in the field.
4.6. the people's committees of the province, the city of centrally held land, land, land for lease decision with regard to the agricultural market transition projects implementation; planning of land use, management of the agricultural market in an.
IV. content of the PROJECT ARRANGEMENT, innovation and DEVELOPMENT of agricultural, FORESTRY ENTERPRISE (according to the attached outline form) v. IMPLEMENTATION 1. The ministries, departments, and people's committees of provinces and cities under central, Corporation (91) have agricultural, forestry school directed the relevant authorities to build the project arrangements, innovation and development of agricultural, forestry and local State-owned schools, his unit the Prime Minister for approval before 30 June 2005.
2. The implementation of the project was completed before 30 June 2006.
3. This circular have effect after 15 days from the date The report.
4. in the implementation process, if there are obstacles, the proposal reflects on the Ministry of agriculture and rural development to consider resolution./.