Nghị định 75/2015/NĐ-CP về bảo vệ và phát triển rừng gắn với giảm nghèo

DECREE

On mechanism and policy on forest protection and development associated with the policy on rapid and sustainable poverty reduction and assistance for ethnic minorities in the 2015-2020 period

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Forest Protection and Development dated December 12, 2004;

At the proposal of the Minister of Agriculture and Rural Development;

The Government hereby promulgates the Decree on mechanism and policy on forest protection and development associated with the policy on rapid and sustainable poverty reduction and assistance for ethnic minorities in the 2015-2020 period.

Article 1. Scope of regulation

This Decree prescribes the mechanism and policy on encouraging the forest protection, zoning off for forest regeneration, afforestation, development of non-wood forest products, income improvement associated with policy on rapid and sustainable poverty reduction in the 2015-2020 period.

Article 2. Subjects of application

1. The ethnic minority households and poor Kinh households stably living in communes with difficult socio-economic conditions (regions II and III) in ethnic and mountainous areas according to the criteria provided by the Prime Minister, that implement one of the forest protection and development activities as follows: protection and zoning off for regeneration of natural forests; afforestation, non-wood forest tree planting on forest development planning land allocated by the State; and forest protection on contracts.

2. The village population communities allocated forest under Article 29 of the Law on Forest Protection and Development and Article 54 of the Land Law, in the communes with difficult socio-economic conditions (regions II and III) in the ethnic and mountainous areas according to the criteria provided by the Prime Minister that protect assigned or contracted forests.

3. Relevant organizations and individuals.

Article 3. Assistance for forest protection under contracts

1. Forests protected under contracts:

a) The forest areas that are allocated to the management board of special-use forest and protection forests;

b) The special-use forests and protection forests that are natural forests allocated to the forestry companies by the State for management;

c) The forest areas that have not yet been allocated or leased under the management of People’s Committees of communes, wards and towns (hereinafter referred to as the commune-level People’s Committee).

2. Subjects and limit of contracted forest protection entitled to assistance:

a) Subjects: Households and village population communities prescribed in Clause 1, 2, Article 2 of this Decree.

b) The limit of contracted forest areas entitled to assistance under Clause 3 of this Article is 30 ha/household maximum.

3. Interests and responsibilities of contracted persons:

a) Being entitled to an amount for contracted forest protection of VND 400,000/ha/year;

b) Being entitled to the benefits from forest and take responsibility for forest protection under the applicable laws of the state.

4. Duties and powers of contracting persons:

a) The management boards of special-use forests and protection forests, forestry companies and commune-level People’s Committees managing the forests prescribed in Clause 1 of this Article shall perform the forest owners’ duties and powers in accordance with the law on forest protection and development;

b) Making estimate, organizing inspection and supervision and making timely assistance payment according to Point a, Clause 3 of this Article for the contracted persons.

Article 4. Assistance for forest protection and zoning off for forest regeneration with additional planting

1. Forests: Protection forests and natural production forests.

2. Subject entitled to assistance:

a) Households prescribed in Clause 1, Article 2 of this Decree that perform the allocated forest protection, zoning off for forest regeneration with additional planting;

b) Village population communities specified in Clause 2, Article 2 of this Decree that performs the protection of allocated forest.

3. Assistance amounts:

a) The assistance for forest protection is VND 400,000/ha/year;

b) The maximum assistance for additional planting and assistance under the design-estimate is VND 1,600,000/ha/year in the first 03 years and VND 600,000 for the next 03 years. The Chairpersons of provincial-level People’s Committees shall decide the specific assistance consistent with the actual conditions of localities.

4. The responsibilities and interests of the households and village population communities entitled to policy on forest protection and zoning off for forest regeneration shall comply with the law on forest protection and development.

Article 5. Assistance for production forest growing and non-wood forest product development

1. The forestry land areas planned for development of production forest stably allocated to households in a long term shall be entitled to one-time assistance for the first cycle for the production forest growing with trees for timber and non-wood forest trees.

2. The assistance is from VND 5,000,000/ha to VND 10,000,000/ha to buy the seedling, fertilizer and a portion of fees for employees in cash for growing trees for timber and non-wood forest trees, depend on the business cycle of tree species under the design and estimate. Chairpersons of provincial-level People’s Committees shall decide the specific assistance amount according to the actual condition of localities and design and estimate.

3. The interests and responsibilities of households that are entitled to the policy on forest protection and development shall comply with current law regulations.

Article 6. Assistance for planting protection forests

The forestry land areas planned for protection forest planting that are allocated to the households shall be funded by the State under the design and estimate for forest planting, care and development and shall be entitled to benefits from forest under the law on forest protection and development.

Article 7. Rice subsidy for afforestation instead of burnt-over land

Poor households involved in afforestation as prescribed in Article 5 and 6 of this Decree shall be entitled to a subsidy of 15kg of rice/person/month or an amount of money equivalent to 15 kg of rice/person/month at the time of subsidy during the time of less self-sufficiency of food. The rate and time of subsidy shall be decided by the Chairpersons of provincial-level People’s Committees, but not more than 7 years.

Article 8. Credit policy

1. Based on the afforestation design and estimate, in addition to the assistance amount prescribed in Article 5 of this Decree for production forest growing and development of non-wood forest product, households shall get the loan from the Social Policy Bank or the Bank for Agriculture and Rural Development without mortgage of the remaining investment value as follows:

- Loan limit: A maximum of VND 15,000,000/ha.

- Loan term: From forest growing to main exploitation according to the business cycle of tree species, but not more than 20 years.

The specific loan rate and duration shall be agreed upon by the banks and customers according to this Decree. The one-time payment schedule of principal and interest upon main exploitation.

2. Loan for livestock development:

Households prescribed in Clause 1, Article 2 of this Decree shall get loans from the Social Policy Bank or the Bank for Agriculture and Rural Development without mortgage to raise cattle and other domestic animals as follows:

- Loan limit: A maximum of VND 50,000,000.

- Loan term: A maximum of 10 years.

The specific loan rate and duration shall be agreed upon by the banks and customers according to this Decree.

3. Interest and loan interest assistance:

a) Households shall get loans specified in Clauses 1 and 2 of this Article with the interest of 1.2%/year;

b) The state budget shall finance the remaining loan interest.

4. Debt restructuring and risk handling: Comply with the Government's Decree No. 55/2015/ND-CP dated June 09, 2015, on credit policy for rural and agricultural development.

Article 9. Funding sources for policy implementation

1. The state budget shall cover the expenditures prescribed in Articles 4, 5, 6 and 7 of this Decree and annually allocated in the forest protection and development Plan as follows:

a) The central budget shall finance 100% to the localities which cannot balance their budgets and Quang Ngai province;

b) The central budget shall finance 50% to the localities which the percentage of revenue regulation of less than 50% and the local budget shall cover 50% of funding needs.

c) The remaining localities shall use their local budgets for implementation.

2. The central budget shall provide the interest subsidy to the banks specified in Article 8 of this Decree.

Article 10. Responsibility of Ministries and sectors

1. The Ministry of Agriculture and Rural Development shall

a) Coordinate with relevant Ministries, sectors and localities in inspecting and monitoring the implementation of this Decree and proposing the measures to handle and remove difficulties arising during the course of implementation and reporting to the Prime Minister on issues beyond its competence;

b) Guide the implementation of this Decree under its functions, duties and competence;

c) Make annual preliminary and final statements to the Government.

2. The Committee on Ethnic Minority Affairs shall

Decide on recognizing extremely difficult villages and communes in areas II and III in ethnic and mountainous regions for the 2016-2020 period under the current regulations of the Prime Minister.

3. The Ministry of Planning and Investment shall

Assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Agriculture and Rural Development in, aggregating the needs, balancing and allocating the development investment capital under the 5-year and annual plan to implement this Decree.

4. The Ministry of Finance shall

a) Allocate the budget for the implementation of policies specified in this Decree;

b) Provide guidance and inspect the allocation, management, payment and finalization of assistance funding as prescribed in this Decree;

c) Provide guidance on mechanism of interest assistance to implement the credit policy as prescribed in Article 8 of this Decree.

5. The State Bank of Vietnam shall

a) Direct and guide the systems of Social Policy Bank and the Bank for Agriculture and Rural Development of Vietnam in loan for production forest growing and raising under Article 8 of this Decree;

b) Inspect, monitor, handle and remove difficulties arising in the course of implementation.

6. Relevant Ministries and sectors shall direct the implementation of this Decree within their ambit of functions and tasks .

Article 11. Responsibility of provincial-level People’s Committees

1. Direct, organize the implementation; inspect, monitor, assess and periodically report on result of implementation of mechanisms and policies prescribed in this Decree at localities.

2. Direct district- and commune-level People’s Committees to make actual investigation and determine communes with difficult socio-economic conditions (areas II and III) in the ethnic and mountainous regions according to the Prime Minister’s current regulations, aggregate and report to the Committee on Ethnic Minority Affairs for consideration and recognition; review and recognize poor households as guided by the Ministry of Labor, Invalids and Social Affairs.

3. Guide the identification of tree and domestic animal species consistent with the local conditions as a basis for assistance and loan; direct the formulation and issuance of norms for specific seedlings, fertilizer and employees for tree species in the area; guide the formulation of design and estimate for zoning off for forest regeneration with additional afforestation.

Article 12. Effect

1. This Decree takes effect on November 02, 2015.

2. In case many assistance mechanisms and polices regulate the same contents, this Decree shall prevail.

3. After 2020, the rice subsidy as prescribed in Article 7 of this Decree shall continue to be implemented but not more than 07 years as prescribed; credit loan contracts between the banks and households for afforestation and raising under Article 8 of this Decree shall continue to be implemented until the end of contract.

Article 13. Implementation responsibility

Ministries, heads of ministerial-level agencies, government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities shall, within their ambit of functions and tasks, guide the implementation of this Decree./.