Issued Decree 58/2024/ND-CP regulating investment policies in forestry? When does Decree 58/2024/ND-CP take effect?
Decree 58/2024/ND-CP stipulating policies on investment in forestry? When does Decree 58/2024/ND-CP take effect?
On May 24, 2024, the Government of Vietnam issued Decree 58/2024/ND-CP on certain policies on investment in forestry.
The subjects of application of Decree 58/2024/ND-CP include the following:
State agencies, organizations, households, individuals, and community groups involved in forest development, and forest product processing activities.
Chapter II of Decree 58/2024/ND-CP stipulates several policies on forest protection and development, including the following policies:
(1) Policy for special-use forests
(2) Policy for protective forests
(3) Policy for production forests
(4) General policy on forest protection and forest product processing
Article 37 of Decree 58/2024/ND-CP stipulates the effective date as follows:
Effective Date
1. This Decree takes effect from July 15, 2024.
2. The following documents and regulations cease to be effective from the date this Decree comes into effect:
...
Thus, Decree 58/2024/ND-CP takes effect from July 15, 2024.
Decree 58/2024/ND-CP stipulating policies on investment in forestry? (Image from the Internet)
What principles must be met for investment in forestry?
Article 4 of Decree 58/2024/ND-CP stipulates the principles of investment in forestry as follows:
Principles of investment in forestry
1. The state ensures resources for the management, protection, and development of special-use forests and protective forests; provides funding for the protection and development of natural production forests during the forest closure period, in line with the balancing capacity of the state budget in medium-term and annual plans.
2. The state encourages and facilitates organizations and individuals to invest on their own, mobilizing legal capital to implement investment projects for the protection and development of forests, and forest product processing.
Thus, investment in forestry must meet the following principles:
- The state ensures resources for the management, protection, and development of special-use forests and protective forests; provides funding for the protection and development of natural production forests during the forest closure period, in line with the balancing capacity of the state budget in medium-term and annual plans.
- The state encourages and facilitates organizations and individuals to invest on their own, mobilizing legal capital to implement investment projects for the protection and development of forests, and forest product processing.
How is investment support in forestry regulated?
Article 27 of Decree 58/2024/ND-CP provides regulations on the mechanism for investment and investment support as follows:
- State budget funds for investment and investment support for activities are ensured in conformity with the law on state budget and public investment law:
+ Priority activities using development investment capital include: afforestation, natural forest nurturing, enriching special-use forests as specified in Article 7; afforestation, natural forest nurturing, enriching protective forests as specified in Article 11; afforestation for production and development of non-timber forest products as specified in Article 14; construction of forest roads and firebreaks in production forests as specified in Article 17; investment in forest plant variety production facilities as specified in Article 22; investment in high-tech forestry zones as specified in Article 24; other specialized activities as specified in Article 25 Decree 58/2024/ND-CP.
+ Priority activities using recurrent expenditure funds include: protection of special-use forests as specified in Article 5; livelihood development, improving the livelihood of people in buffer zones of special-use forests as specified in Article 8; protection of protective forests as specified in Article 9; protection of natural production forests during the forest closure period as specified in Article 12; nurturing natural regeneration with supplementary planting as specified in Articles 6, 10, and 13; credit support for large timber forest plantation as specified in Article 15; sustainable forest management plan construction, and sustainable forest management certification as specified in Article 16; forest fire fighting as specified in Article 20; rice subsidy for forest protection and development as specified in Article 21; supporting scattered planting as specified in Article 23; other specialized activities as specified in Article 25 Decree 58/2024/ND-CP.
+ Funds from forest environmental service payments are carried out according to the provisions of Decree 156/2018/ND-CP dated November 16, 2018, by the Government detailing the implementation of certain articles of the 2017 Forestry Law; used to pay for forest protection, forest protection contracting outside the budget support according to the investment and support levels specified in Decree 58/2024/ND-CP.
+ Provincial People's Councils base on the investment, support levels, and forest protection contracting levels specified in Articles 5, 6, 7, 9, 10, 11, 12, 13, 14, 16, 19, 21, 22, and 23 to decide on specific investment and support levels suitable to the local socio-economic conditions.
+ Relevant ministries and central authorities, based on the investment, support levels specified in Articles 5, 6, 7, 9, 10, 11, 12, 13, 14, 19, and 22, decide specific investment and support levels for their directly managed forests.
+ The process for preparing, appraising, deciding on investment policy, and approving investment projects for activities specified in point a, clause 1 of Article 27 of Decree 58/2024/ND-CP is conducted according to the law on investment, public investment, and other relevant laws. For silvicultural investment activities under approved investment projects, the preparation, appraisal, and approval of designs and estimates are carried out as specified in Chapter IV of this Decree. For other types of works, the preparation, appraisal, and approval of designs and estimates are conducted according to the public investment law and construction law. The process of preparing cost estimates, settlement, and finalization of funds for activities specified in point b, clause 1 of Article 27 is carried out in accordance with the 2015 State Budget Law and its guiding documents.
+ The state budget capital allocation plan for silviculture projects is implemented according to the cycle of silviculture technical measures. The payment implementation timeframe for afforestation projects shall be no later than June 30 of the following year.
+ Funds allocated for forest protection and forest protection contracting are based on the forest protection and forest protection contracting design documents and forest protection contracting agreements, allocated, and used according to the norms specified in Decree 58/2024/ND-CP, and carried out within the budget year.
LawNet