Content of the Overall Scheme for the Arrangement and Renovation of Agricultural and Forestry Companies

Overall Scheme for Arrangement and Renovation of Agricultural and Forestry Companies according to Decree 118/2014/ND-CP is structured and contented as per the template in Appendix I issued along with Circular 02/2015/BNNPTNT. The basic contents are as follows:

Contents of the Overall Scheme for Arrangement and Renovation of Agricultural and Forestry Companies (Illustration)

Firstly, regarding land of agricultural and forestry companies

- For agricultural production land, aquaculture land, salt production land, other agricultural land, non-agricultural land (homestead land, specialized land), unused land (excluding forestry land), coastal water surface land: determine the area and current status of each type of land, using the statistical and inventory results of land by December 31 of the year immediately preceding the time of preparing the Scheme, adjusted for increases and decreases up to the time of Scheme preparation.- For protection forest land, special-use forest land, and production forest land: determine the area and status of each type of forest, using the inventory and statistics results, forest management dossiers published by December 31 of the year immediately preceding the time of preparing the Scheme or using the results of the National Forest Inventory and Statistics Project for the period 2013-2016 according to Decision 594/QD-TTg dated April 15, 2013 by the Prime Minister at the local area, adjusted for increases and decreases up to the time of Scheme preparation.- Review, inventory, and draft a land use plan according to the provisions of Article 13 of Decree 118/2014/ND-CP, with the following detailed data:

- Determine the area of land retained for organizing production and business in each form of land allocation, land lease according to the provisions of Article 14 of [Decree 118/2014/ND-CP](https://lawnet.vn/vb/nghi-dinh-118-2014-nd-cp-sap-xep-doi-moi-phat-trien-cong-ty-nong-lam-nghiep-3fa49.html);- Determine the area not continued to be retained and handed over to the local area according to the provisions of Article 15 of Decree 118/2014/ND-CP;- Determine the area of leased, lent land; encroached land in disputes; joint venture land, cooperative land in investment according to the provisions of Article 16 of Decree 118/2014/ND-CP;- Determine the area of homestead land, family economic land according to the provisions of Article 17 of Decree 118/2014/ND-CP.

- The current status and land use plan after the arrangement and renovation of agricultural and forestry companies under points a, b, c of Clause 1 of this Article reported according to sample tables numbered 01/DD, 02/DD attached to Appendix I.

Secondly, regarding assets on land

- For agricultural companies: determine the quantity and value of all types of assets currently owned by the company based on the inventory by December 31 of the year immediately preceding the time of preparing the Scheme, adjusted for increases and decreases up to the time of Scheme preparation.

- For forestry companies: determine the quantity and value of all types of assets currently owned by the company reviewed and compared with the actual field, specifically:

- For production forests which are plantation forests: determine the area and value of plantation forests currently owned by the company according to the regulations of the joint Ministry of Finance – Agriculture and Rural Development at the time of preparing the Scheme, adjusted for increases and decreases up to the time of Scheme preparation.- Inventory the quantity and value (original cost, residual value) of assets, infrastructure works, classified by type necessary for the company’s production and business activities, the type not needed for use and handed over to the local management according to the provisions of Clause 4, Article 19 of Decree No. 118/2014/ND-CP.- Other assets of the company: quantity and value currently owned based on the inventory by December 31 of the year immediately preceding the time of preparing the Scheme, adjusted for increases and decreases up to the time of Scheme preparation.

The data on assets on the land of agricultural and forestry companies are reported according to sample tables numbered 03/TS, 04/TS, 05/TS attached to Appendix I.

Thirdly, regarding finance

- Inventory the production and business results of the company for three (03) consecutive years before the time of preparing the Scheme according to the financial accounting year. The financial data and production and business results of agricultural and forestry companies are shown in sample tables numbered 06/TC, 07/KD attached to Appendix I.- Determine the existing charter capital, calculate the demand for charter capital according to the provisions of Clauses 1, 2, Article 19 of Decree 118/2014/ND-CP, shown in sample tables numbered 08/TCDT attached to Appendix I.- Inventory and classify the debts (receivables, payables, and responsibilities for settlement); in which clearly showing the debt incapable of payment and proposing solutions according to sample tables numbered 08/TCDT attached to Appendix I.- Determine the expenses for conducting reviews, measurements, demarcation, mapping, and issuing land use rights certificates for the company according to the current price and quota regulations of the local area according to sample tables numbered 08/TCDT attached to Appendix I.

Fourthly, regarding investment

- Determine the annual funding needs to carry out public utility duties stipulated in Clauses 1, 2, Article 20 of Decree 118/2014/ND-CP according to sample tables numbered 08/TCDT attached to Appendix I.- Determine the funding needs for investment support on forest fire prevention and fighting, building forestry roads as stipulated in Clause 3, Article 20 of Decree 118/2014/ND-CP according to sample tables numbered 08/TCDT attached to Appendix I.

Fifthly, regarding labor

- Assess the labor usage situation, the implementation of wage policies, bonuses, insurance for employees (if any) in the company according to the current state regulations.- Develop a labor usage plan according to the provisions of Article 46 of the Labor Code, including: list of employees to be continued for use, employees to be sent for training for continued use; list of employees eligible for retirement; list of employees terminating labor contracts; list of employees who cannot be arranged with jobs, including redundant employees, employees terminating labor contracts according to the Labor Code; measures and financial sources for labor arrangement.- The situation of contracting (form, content, rights, and obligations of parties) and the number of contract laborers receiving contracts with the company under the contract (among which, divide the number implemented according to Decree 135/2006/ND-CP and the number implemented according to Decree No. 01/CP not yet converted according to Decree 135/2006/ND-CP).

The data on labor of agricultural and forestry companies before and after the arrangement are shown in sample tables numbered 09/LD attached to Appendix I.

Sixthly, concerning science and technology: Inventory of projects currently implementing, prospective projects about pilot production, applying new technology in production and business reported according to sample tables numbered 10/KHCN attached to Appendix I.

More details can be found in: Circular 02/2015/BNNPTNT effective from March 12, 2015.

Tuesday

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