Quyết định 44/2015/QD-UBND

Decision No. 44/2015/QD-UBND dated September 25, 2015, regulation for investment incentive and subsidy policies in agriculture and rural areas in Lao Cai province during 2015 – 2020

Nội dung toàn văn Decision 44/2015/QD-UBND investment incentive subsidy policies agriculture rural areas Lao Cai 2015 2020


PEOPLE’S COMMITTEE OF LAO CAI PROVINCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 44/2015/QD-UBND

Lao Cai, September 25, 2015

 

DECISION

REGULATION FOR INVESTMENT INCENTIVE AND SUBSIDY POLICIES IN AGRICULTURE AND RURAL AREAS IN LAO CAI PROVINCE DURING 2015 – 2020

PEOPLE’S COMMITTEE OF LAO CAI PROVINCE

Pursuant to the Law on organization of people’s councils and people’s committees dated November 26, 2003;

Pursuant to the Law on promulgation of legislative documents by people’s councils and people’s committees dated December 03, 2004;

Pursuant to the Law on state budget dated December 16, 2002;

Pursuant to the Law on land dated November 29, 2013;

Pursuant to the Government’s Decree No. 60/2003/ND-CP dated June 06, 2003 detailing and guiding the implementation of the Law on state budget;

Pursuant to the Government’s Decree No. 210/2013/ND-CP dated December 19, 2013 on incentive policies for enterprises investing in agriculture and rural areas;

Pursuant to the Circular No. 05/2014/TT-BKHDT dated September 30, 2014 by Ministry of Planning and Investment guiding the Government’s Decree No. 210/2013/ND-CP dated December 19, 2013 on incentive policies for enterprise investing in agriculture and rural areas;

Pursuant to the Circular No. 30/2015/TT-BTC dated March 09, 2015 by Ministry of Finance guiding the estimation, settlement and statement of subsidies for enterprises under the Government’s Decree No. 210/2013/ND-CP dated December 19, 2013 on incentive policies for enterprise investing in agriculture and rural areas;

Pursuant to the Resolution No. 08/2015/NQ-HDND dated July 09, 2015 by the People’s Council of Lao Cai Province on specific incentive policies for enterprises investing in agriculture and rural areas in Lao Cai Province during 2015-2020;

At the request of Director of Department of Agriculture and Rural Development at the Statement No. 456/TTr-SNN dated August 11, 2015,

DECIDES:

Article 1. “Regulation for investment incentive and subsidy policies in agriculture and rural development in Lao Cai Province during 2015-2020” is enclosed to hereto.

Article 2. This Decision shall come into force 10 days after the date on which it is signed.

Article 3. Chief of Office of the Provincial People’s Committee, Directors of Departments of Agriculture and Rural Development, Planning and Investment, and Finance, Chairpersons of People’s Committees of Districts or Cities, Heads of relevant agencies and involved individuals shall implement this Decision./.

 

 

ON BEHALF OF PEOPLE’S COMMITTEE
CHAIRMAN




Doan Van Huong

 

REGULATION

FOR INVESTMENT INCENTIVE AND SUBSIDY POLICIES IN AGRICULTURE AND RURAL AREAS IN LAO CAI PROVINCE DURING 2015 – 2020
(Enclosed to Decision No. 44/2015/QD-UBND dated September 25, 2015 by People’s Committee of Lao Cai Province)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope:

This regulation provides for investment incentive and subsidy policies in agriculture and rural areas in Lao Cai Province during 2015 – 2020.

2. Regulated entities:

a) Investors eligible for incentives and subsidies as enterprises that have been established and have applied for operation registration under the law of Vietnam;

b) Co-operatives or farm households that execute projects on application of high tech to vegetable and flower production and are eligible for incentives and subsidies from local-government budget;

c) Authorities and entities involved in the implementation of incentive and subsidy policies as provided for in this Regulation.

Article 2. Interpretation of terms

1. Rural area means an administrative division, excluding wards in the vicinity of Lao Cai City.

2. Agricultural sectors with special investment incentives include special products prescribed in Point 2.2 Clause 2 Article 1 of the Resolution No. 08/2015/NQ-HDND of the Provincial People’s Council:

a) Farming products:

- Rice: Seng Cu, Khau Nam Xit, Tham Duong glutinous rice;

- Fruit trees: Tam Hoa plums, Ta Van plums, VH6 pears, early-maturing French peaches;

- Herbs: Artichokes, Radix Angelicae sinensis, Radix Notoginseng, Amomum longiligulare T. L.Wu;

- Developing high-quality tea material zone (processing refined tea products, oolong tea products);

- Developing area of spice trees (peppers);

- Producing fruits and vegetables by applying high tech.

b) Livestock products:

- Producing pig breeds, chicken breeds; Bao Yen buffalo breed, highland yellow cow breeds;

- Conserving and developing rare genetic resources: native black pigs, Sin Cheng ducks, and Nghia Do ducks.

c) Planting timber trees with a large scale to serve the production of forest product processing factories.

3. Agricultural project with special investment incentives refers to a project which is executed in the field of agriculture and eligible for special investment incentives in any of districts of Lao Cai Province.

4. Agricultural project with investment incentives refers to a project which is executed in the field of agriculture and eligible for special investment incentives in rural area of Lao Cai City.

5. Project on high-tech cultivation of vegetables and flowers refers to a project in which production technologies are carried out inside a net house or greenhouse in combination with the irrigation system in order to facilitate the strong development of plants and ensure quality of harvested products; agricultural products are properly stored and the production is properly organized to achieve high economic efficiency.

6. Concentrated and regular breeding scale refers to the concentrated breeding of cattle or livestock at a high density and with a large quantity according to a closed production process repeated daily.

7. Local worker refers to a worker who has permanent residence registered in the vicinity of Lao Cai Province.

8. Original dossier refers to a dossier including originals or certified/notarized copies of documents as regulated by laws.

9. Date of completing the project’s fundamental construction refers to the date on which the finished volumes of the project’s investment items or contract packages are certified by Department of Agriculture and Rural Development (the agency in charge of acceptance); the project with subsidy is checked and accepted; except for scientific and technological topics/items/projects which must be certified/checked by Department of Science and Technology.

10. The project’s completion date is determined as follows:

a) If the project is actually completed before or after the date on which the project is approved, the date on which the project has been actually completed shall be considered as the completion date of that project;

b) If a project has many independent work items or construction phases, the completion date shall be determined according to the completion date of each work item or construction phase. If it is unable to determine the completion date of each work item or construction phase, the project’s completion date shall be determined according to the completion date of the work item which has the largest portion of capital and its products checked and accepted.

11. The project’s area for growing herbs refers to the land area which is allocated or leased by the Government to the enterprise or the land area in which the enterprise carries out the cultivation of herbs in association with another organization, household or individual, or the land area which is leased or lent by organization, household or individual to the enterprise.

12. Existing agricultural and forestry materials of the province include materials originated from special products prescribed in Clause 2 Article 2 of this Regulation and produced in the area of Lao Cai Province.

Article 3. Principles for application of investment incentives and subsidies

1. Investors that have stable cooperation contracts in the production of materials with inhabitants shall be given priority to be considered for getting investment incentives and subsidies.

2. In the same time, if a project is eligible for many different rates of investment incentives and subsidy, the investor may choose the most profitable rate of investment incentives and subsidies.

3. Enterprises shall be entitled to exemption, reduction or subsidies on land rents, water surface rents or land levies as regulated in Articles 4, 5, 6, and 7 of this Regulation provided that all conditions prescribed in the Government’s Decree No. 210/2013/ND-CP dated December 19, 2013 on incentive policies for enterprises investing in agriculture and rural areas.

4. Projects which have preferential loan capital or guaranteed loan capital granted by the State, and projects which have preferential interest rates granted as regulated in the Resolution No. 37/2014/NQ-HDND dated December 17, 2014 by Provincial People’s Council and Decision No. 28/2015/QD-UBND dated June 22, 2015 by Provincial People’s Committee promulgating regulations for preferential interest rates of bank loans granted to investment projects in production and processing or agricultural products in poor districts and districts with a high rate of poor households in Lao Cai Province shall not be eligible for enjoying investment incentives and subsidies provided for in this Regulation.

5. Selecting forms of receiving subsidies:

A qualified enterprise may select any of the following forms of receiving subsidies:

a) Implementing according to current fundamental construction procedures: Design or estimate of the work item, or design or general estimate of the whole project must be approved by the Provincial People’s Committee (or by an agency authorized by the Provincial People’s Committee) before the construction is started;

b) Self-implementation: The enterprise shall self-approve the design and estimate in accordance with general regulations, self-divide investment items or contract packages and self-organize the implementation of contents eligible for receiving subsidies (with or without contractors). In this case, the enterprise shall receive payment according to the rate of subsidies jointly regulated by Department of Agriculture and Rural Development, Department of Planning and Investment, and Department of Finance.

Chapter II

POLICIES ON INVESTMENT INCENTIVES AND SUBSIDIES

Article 4. Exemption or reduction of land levy

1. If the enterprise has the land allocated by the Government to execute an agricultural project with special investment incentives, the enterprise shall be exempted from the land levy for executing that investment project.

2. If the enterprise has the land allocated by the Government to execute an agricultural project with investment incentives, 70% of the land levy payable to the State budget shall be reduced for executing that investment project.

Article 5. Exemption or reduction of land rents and water surface rents of the Government

1. If the enterprise leases land or water surface from the Government to execute an agricultural project with investment incentives, the enterprise shall enjoy the lowest rent rate for corresponding land type regulated in the land rent framework adopted by the People's Committee of Lao Cai Province at the time of leasing land or water surface.

2. The enterprise having the agricultural project with special investment incentives shall be exempted from the land rent or water surface rent as of the project’s completion date.

3. The enterprise having the agricultural project with investment incentives shall be exempted from the land rent or water surface rent within 15 years as of the project’s completion date.

4. The enterprise having the agricultural project with investment incentives or special investment incentives shall be exempted from the land levy on the land areas for building residential house for workers, growing trees and serving public interests.

Article 6. Subsidies on land rents and water surface rents of households and individuals

1. If the enterprise leases land or water surface from the household or individual to execute an agricultural project with special investment incentives, the enterprise shall be eligible for receiving a subsidy of 20% of the land rent or water surface rent from the Government as regulated in Clause 1 Article 5 of this Regulation within the first five years as of the date of completing the project’s fundamental construction.

2. Enterprises having agricultural projects with investment incentives or special investment incentives are encouraged to accumulate land to form material zones through the form of contribution as capital by land use rights by households and individuals to projects without land recovery by the State.

Article 7. Exemption or reduction of land levy when changing the land use purpose

1. The enterprise having an agricultural project with special investment incentives located in the planning area as approved by a regulatory body shall be exempted from the land levy when changing the land use purpose for executing the said project as prescribed in this Regulation.

2. The enterprise having an agricultural project with investment incentives located in the planning area as approved by a regulatory body shall get a reduction of 50% of the land levy when changing the land use purpose for executing the said project as prescribed in this Regulation.

Article 8. Subsidies on training human resources, market development, and application of scientific and technological advances

1. An enterprise having an agricultural project with special investment incentives shall receive the following subsidies from state budget:

a) A subsidy of 70% of expenses for domestic vocational training. Each worker may only get the subsidy on training expense for one time and the training period shall not exceed 06 months. The rate of training expense must be conformable with current regulations.

If the enterprise recruits unskilled workers who live in special forest areas to train and use on a long-term basis which makes a contribution to the protection of such special forests, the enterprise shall be eligible to get a subsidy of VND 03 (three) million/3 month/1 worker on one-time direct training expenses at the enterprise;

b) A subsidy of 50% of advertising expenses for promoting the enterprise and its products on the mass media; a subsidy of 50% of expenses for participating in domestic trade fairs and exhibitions; a reduction of 50% of expenses for market access and services provided by the state trade promotion agencies;

c) A subsidy of 70% of expense for conducting research topics on new technologies chaired by the enterprise in order to execute the project, or expense for buying the technology copyright to execute the project; a subsidy of 30% of the total investment for executing a project on pilot production.

2. The subsidies specified in Points a and b Clause 1 of this Article shall be provided according to investment projects. Total subsidy for a project shall not exceed 10% of total investment of that project and shall be lower than VND 01 (one) billion/project. If the enterprise does not use subsidies directly granted by state budget, these subsidies shall be accounted as the enterprise's manufacturing expenses when making final statement with competent state authority.

3. Subsidies granted to projects approved by competent authorities as regulated in Point c Clause 1 of this Article shall be not more than VND 03 (three) billion/a project.

Article 9. Subsidies on investment in cattle-breeding establishments

1. An enterprise having the investment project on concentrated and regular cattle breeding scale shall be eligible for receiving the following subsidies from state budget:

a) A subsidy of VND 1.5 billion shall be granted to each project on breeding of Bao Yen buffalo breeds or highland yellow cow breeds with the concentrated breeding scale of 200 cows or more for the purposes of constructing infrastructure systems such as waste treatment, electricity, water, farms and grasslands, and purchasing equipment;

b) Conservation and development of native black pigs: A subsidy of VND 1.5 billion shall be granted to each project on breeding of sows for reproductive purpose with the concentrated breeding scale of 100 sows or more for the purposes of constructing infrastructure systems such as waste treatment, electricity, water, farms and grasslands, and purchasing equipment;

c) A subsidy of VND 01 (one) billion shall be granted to each project on breeding of sows for reproductive purpose with the concentrated breeding scale of 100 sows or more for the purposes of constructing infrastructure systems such as waste treatment, electricity, water, farms and grasslands, and purchasing equipment.

2. Projects eligible for subsidies as regulated in Clause 1 of this Article must satisfy the following conditions:

a) The project must be located in the planning area approved by competent authority or the investment in the project must be approved by the Provincial People's Committee in case where the planning is not yet approved;

b) Animal health hygiene, prevention of epidemic diseases, food safety and environmental protection must be ensured in accordance with regulations of the laws on veterinary medicine, food safety and environmental protection;

c) The investor must use at least 30% of local workers.

Article 10. Subsidies on investment in livestock-breeding establishments

1. A subsidy of VND 01 (one) billion shall be granted to each project on conservation and development of genetic sources of Sin Cheng ducks and Nghia Do ducks with the regular breeding scale of 3,000 or more breeding ducks for reproductive purpose for the purposes of constructing infrastructure systems such as waste treatment, electricity, water and farms, and purchasing equipment.

2. Investment projects eligible for receiving subsidies as regulated in Clause 1 of this Article must satisfy all of conditions specified in Clause 2 Article 9 of this Regulation.

Article 11. Subsidies on investment in cultivation

1. The investor of the project on agricultural production with a concentrated scale may get the following subsidies from state budget:

a) Subsidies for the enterprise’s project on cultivation of specialty rice varieties (Seng Cu, Khau Nam Xit, Tham Duong glutinous rice) with a concentrated scale of 100 hectares or more: 100% of expenses for buying rice varieties and materials, and 70% of expenses for constructing and improving paddy fields, and improving irrigation system to serve the agricultural production; total subsidy shall not exceed VND 02 (two) billion/project;

b) Subsidies for the enterprise's project on cultivation of fruit trees (Tam Hoa plums, Ta Van plums, VH6 pears, early-maturing French peaches) with a concentrated scale of 50 hectares or more: 100% of expenses for buying plant varieties and materials, and 70% of expenses for building water-saving irrigation system, improving and designing new cultivation zones; total subsidy shall not exceed VND 01 (one) billion/project;

c) Subsidies for the enterprise's project on development of high quality tea material zones (processing refined tea products and oolong tea products) with a growing scale of 50 hectares or more: 100% of expenses for buying plant varieties and materials, and 70% of expenses for building water-saving irrigation system; total subsidy shall not exceed VND 02 (two) billion/project;

d) Subsidies for the enterprise's project on development of pepper material zone with a scale of 50 hectares or more: 100% of expenses for buying plant varieties and materials, and 70% of expenses for building water-saving irrigation system and buying equipment to serve the production; total subsidy shall not exceed VND 01 (two) billion/project;

e) Subsidies from state budget for projects on cultivation of vegetables and flowers with high-tech applications of enterprises, cooperatives or households with a minimum scale of 5,000 m2: VND 50,000/m2 for popular net house or greenhouse, and VND 30,000/m2 for using water-saving irrigation system; total subsidy shall not exceed VND 02 (two) billion/project.

2. The enterprise may get a subsidy of VND 15 million/hectare from the state budget for its project on cultivation of herbs (artichokes, Radix Angelicae sinensis, Radix Notoginseng, or Amomum longiligulare T. L.Wu) with a scale of 50 hectares or more for constructing herbal fields and buying herb seeds.

3. Projects eligible for receiving subsidies as regulated in Clauses 1 and 2 of this Article must satisfy the following conditions:

a) The project must be located in the planning area approved by competent authority or the investment in that project must be approved by the Provincial People's Committee in case where the planning is not yet approved;

b) Food safety and hygiene, and environmental protection must be ensured as regulated by relevant laws;

c) The investor must use at least 30% of local workers.

Article 12. Subsidies on planting timber trees with a large scale in association with forest product processing factories

1. The enterprise having the project on large-scale planting of timer trees shall also get a subsidy of VND 01 (one) million/ hectare from the provincial-government budget apart from the subsidies granted by the Government as regulated at the time of executing the project for buying fertilizers for intensive farming model.

2. Projects eligible for receiving subsidies as regulated in Clause 1 of this Article must satisfy the following conditions:

a) The enterprise must enter into contracts for providing materials to forest product processing factories; or the enterprise executes the project on large-scale planting of timer trees to provide materials to its forest product processing factory;

b) The concentrated planting scale must be 500 hectares or more;

c) The project must be located in the planning area approved by competent authority or the investment in that project must be approved by the Provincial People's Committee in case where the planning is not yet approved;

d) The investor must use at least 30% of local workers.

Article 13. Subsidies on investing in establishments of manufacturing, preserving and processing agricultural and forestry products

1. The investor having the investment project on factory or establishment for preserving and processing agricultural or forestry products, production establishment of auxiliary products or establishment for manufacturing mechanical equipment serving the preservation and processing of agricultural or forestry products may receive the following subsidies from state budget:

a) A subsidy of not more than 60% of expenses and not more than VND 5 billion/ project to build infrastructure systems such as waste treatment, traffic system, electricity, water and workshop, and to buy equipment for building the project’s fence.

b) A subsidy of not more than 70% of expenses for treating wastes generated from large-scale agricultural or forestry product processing factories that have been invested, provide employment to a large number of workers and cause considerable impact on local social and economic development.

c) A subsidy of VND 1,500/ tonnes/ km of expenses for transporting products; the distance with subsidy shall be determined from the location of the factory or the preservation or processing establishment to the center of the province according to the shortest motor road; the transport volume shall be calculated according to the factory’s actual capacity; the subsidy shall be granted in one time immediately after completing the investment; the period for receiving subsidies shall be 5 years.

d) Apart from subsidies regulated in Points a, b Clause 1 of this Article, if traffic system, electricity and water supply systems to the project's fence are not available, a subsidy of 70% of expenses and not more than VND 5 billion/project shall be granted to the project to construct the said items (separate projects may be established).

2. Investment projects eligible for receiving subsidies as regulated in Clause 1 of this Article must satisfy the following conditions:

a) Agricultural and forestry products regulated in Clause 2 Article 2 of this Regulation.

b) Product value after processing must increase at least twice in comparison with the value of initial crude materials.

c) Food safety standards must be ensured in accordance with regulations of the law on food safety; the minimum capacity scale is ensured as prescribed by a competent authority.

d) The project must be located in the planning area approved by competent authority or the investment in the project must be approved by the Provincial People's Committee in case where the planning is not yet approved;

e) Requirements on environmental protections must be satisfied in accordance with regulations of the law on environmental protection.

g) The project is not any of the entities regulated in Article 14 of the Decree No. 210/2013/ND-CP dated December 19, 2013.

f) The investor having the project on preservation and processing of agricultural or forestry products must use at least 30% of local workers and 60% of main agricultural or forestry materials of the locality.

Chapter III

IMPLEMENTATION

Article 14. Funding and investment incentive mechanism

1. Sources of funding:

a) With regard to investment projects which are prescribed in Article 8, Clause 2 Article 11 or Article 13 of this Regulation, and each of which requires a subsidy of more than VND 02 billion from the central-government budget, the funding for executing each of said project shall be derived from the central-government budget’s funding for implementing national target programs and targeted assistance programs, and other sources of funding. At least 20% of the project’s funding approved by the competent authority shall be provided by provincial-government budget.

b) Apart from projects prescribed in point a of this clause, other subsidies are provided by provincial-government budget.

c) Total funding annually provided by the provincial-government budget (from 2016 to 2020) for implementing policies hereto shall be VND 10 billion. Provincial governments shall base on the balance of provincial-government budget and capacity for mobilizing legitimate funds from other entities to implement policies thereof.

2. Mechanism for granting subsidies:

a) Subsidies from state budget shall be granted after completing the investment. With regard to projects which are not subject to the one-time subsidy category: 70% of total subsidy for each work item or contract package of the project shall be granted upon the completion of that work item or contract package; 30% of remaining amount of the subsidy shall be granted after the investment project has been completed and accepted;

b) The subsidy provided by state budget shall be considered as the investor's counterpart fund when the investor borrows money from a commercial bank for executing that project.

Article 15. Establishment of programs for encouraging the investment in agriculture and rural areas

1. Department of Planning and Investment shall be responsible for:

a) Leading and coordinating with Department of Agriculture and Rural Development to make and submit the list of projects called for investment in agriculture and rural areas to the Provincial People’s Committee for approving and organizing the conference for encouraging the investment in agriculture and rural areas or putting into the provincial conference for investment promotion (organized annually).

b) Providing advice to the Provincial People’s Committee:

- Report and ask for opinions from Ministry of Planning and Investment about the projects which are proposed for targeted subsidies from the central-government budget;

- Approve the list of projects on investment in agriculture and rural areas which shall be eligible for annual subsidies from the Government as planned. The list of approved projects include projects which are eligible for targeted subsidies from the central-government budget upon the approval by Ministry of Planning and Investment and projects which are eligible for getting 100% of subsidies from local-government budget as regulated in this Regulation.

2. Rules for making the list of projects according to the order of priority:

a) Projects in association with agricultural restructuring as regulated in Decision No. 899/QD-TTg dated June 10, 2013 by the Prime Minister on approval for the Scheme on agricultural restructuring with the orientation of improving the value added and sustainable development;

b) Projects on the construction of material zones or association for production of materials with farmers as regulated in Decision No. 62/2013/QD-TTg dated October 25, 2013 by the Prime Minister on incentive policies for development of production cooperation in association with consumption of agricultural products and construction of large-scale paddy fields;

c) Projects which use a large number of workers and have considerable impact on local social – economic development.

Article 16. Establishment of plans for granting subsidies on investment in agriculture and rural areas

1. Plans for annual subsidies from state budget shall be made and submitted by enterprises, people's committees of districts or cities and relevant authorities at the same time when social – economic plans and budget estimates are prepared as regulated to Department of Planning and Investment, Department of Agriculture and Rural Development, and Department of Finance.

2. Grounds for making plans:

a) Guidelines for annual and medium-term plans for social and economic development by superior authorities;

b) Projects to which decision on investment subsidies is granted;

c) The ability to complete the project according to the approved progress.

3. Procedures for assigning plans:

a) Department of Planning and Investment shall make and submit the list of projects which have been approved for subsidies from the central-government budget to the Provincial People’s Committee in order to submit to Ministry of Planning and Investment and Ministry of Finance for aggregation;

b) After the Prime Minister issues a decision on total funding for investment subsidies, Ministry of Planning and Investment shall give detailed plan and specific subsidies for each project according to the annual and medium-term plan to the provincial government. Department of Planning and Investment shall give advice to the Provincial People’s Committee for publicly announcing the plan for granting subsidies to enterprises and regulatory bodies in connection with projects eligible for investment incentives and subsidies. Announced contents include details on funding for each year, each investment item or contract package of the project.

Article 17. Estimate, settlement and statement of subsidies

1. Estimates for subsidies:

Annually, enterprises shall make and send estimates for subsidies to Department of Agriculture and Rural Development, Department of Planning and Investment and Department of Finance. Estimates for subsidies granted to cooperatives and farming households shall be aggregated and submitted to the same authorities by the district-level people’s committees. Based on verification results of specialized contents by Department of Agriculture and Rural Development, Department of Planning and Investment and Department of Finance shall cooperate to verify and submit the estimates for subsidies to the Provincial People’s Committee for decision. The Provincial People’s Committee shall decide and grant the subsidy to each enterprise. The subsidies for cooperatives and farming households shall be granted by district-government budgets upon the authorization by provincial-government budget.

2. Contents relating to the settlement of subsidies shall be carried out as regulated by Department of Finance.

3. Statement of subsidies:

a) The project’s investor shall conduct the statement of granted subsidies in accordance with regulations of the Law on state budget and applicable instructional documents;

b) Unused funding upon the completion of the investment project and statement submitted to financial agencies must be returned to state budget.

Article 18. Responsibilities of departments, regulatory bodies and relevant agencies

1. Department of Planning and Investment

a) Take charge and cooperate with Department of Finance and Department of Agriculture and Rural Development in providing instructions to enterprises, cooperatives and farming households to implement policies for investment incentives and subsidies mentioned in this Regulation;

b) Take charge and cooperate with Department of Finance, Department of Agriculture and Rural Development and relevant authorities in verifying subsidies for projects/plans and reporting to the Provincial People’s Committee for making decision on incentives and subsidies granted to enterprises/cooperatives/farming households;

c) Cooperate with relevant authorities to aggregate encouraged projects on investment in agriculture and rural development; take charge of aggregating, inserting and making plan for allocating targeted funding provided by the central-government budget to the local-government budget to projects of enterprises, cooperatives and farming households as requested by district or city-level government;

d) Inspect and examine the use of funding provided by the central-government budget to enterprises investing in agriculture and rural development.

2. Department of Finance

a) Take charge and coordinate with Department of Planning and Investment to aggregate estimates for expenditures covered by the provincial-government budget for implementing policies hereto; submit the aggregated report to the Provincial People’s Committee for asking for approval from the Provincial People’s Council;

b) Take charge of providing instructions about settlement and statement of subsidies as regulated in this Regulation;

c) Inspect and examine the use of funding provided by the provincial-government budget to enterprises/cooperatives/farming households that are eligible for getting 100% of subsidies from the provincial-government budget.

3. Department of Agriculture and Rural Development

a) Take charge and cooperate with relevant authorities and people’s committees of districts or cities to make and send the list of encouraged projects on investment in agriculture and rural areas to Department of Planning and Investment and Department of Finance for reporting to the Provincial People’s Committee according to annual and medium-term plans;

b) Take charge and cooperate with relevant authorities to check and accept completed work items and projects;

c) Coordinate with Department of Planning and Investment in verifying the subsidies granted to projects.

4. Department of Natural Resources and Environment

a) Take charge and cooperate with relevant authorities to instruct and sign contracts for lease of land or water surface; request the Provincial People’s Committee to issue certificate of land-use right to enterprises/cooperatives/farming households executing investment projects in agriculture and rural areas;

b) Lead the appraisal of environmental impact assessment reports and inspect the execution of environmental impact assessment reports by investors in accordance with regulations of the Law on environmental protection.

5. Department of Construction, Department of Transport, and Department of Industry and Trade shall, within the ambit of assigned duties and functions, cooperate with Department of Agriculture and Rural Development to participate in the verification and acceptance of completed work items and projects.

6. Tax Department of Lao Cai Province

Provide instructions and implement incentive policies on the land levy, land rents, water surface rents and taxes imposed on investment projects in agriculture and rural areas in the province.

7. People’s committees of districts or cities

a) Take charge and coordinate with relevant departments/regulatory bodies to inspect the investors of executing investment projects according to planned progress, and inspect the use of granted subsidies by cooperatives and households. Take actions or request competent authorities to take actions against difficulties faced by enterprises, cooperatives or farming households in districts or cities;

b) Annually, aggregate subsidies for projects on high-tech cultivation of vegetables and flowers of cooperatives and farming households; instruct, assess and report the implementation of policies hereto to Department of Agriculture and Rural Development, Department of Planning and Investment, and Department of Finance for reporting to the Provincial People’s Committee.

Article 19. Implementation

1. Time of application: Policies for investment incentives and subsidies in agriculture and rural areas provided for in this Regulation shall be applied as of July 01, 2015.

2. Difficulties that arise during the implementation of this Regulation should be reported to Department of Agriculture and Rural Development for aggregating and reporting to the Provincial People’s Committee for consideration./.


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              Số hiệu44/2015/QD-UBND
              Cơ quan ban hànhTỉnh Lào Cai
              Người kýDoãn Văn Hưởng
              Ngày ban hành25/09/2015
              Ngày hiệu lực05/10/2015
              Ngày công báo...
              Số công báo
              Lĩnh vựcĐầu tư, Tài chính nhà nước
              Tình trạng hiệu lựcHết hiệu lực 01/01/2017
              Cập nhật6 năm trước

              Văn bản thay thế

                Văn bản hướng dẫn

                  Văn bản được hợp nhất

                    Văn bản gốc Decision 44/2015/QD-UBND investment incentive subsidy policies agriculture rural areas Lao Cai 2015 2020

                    Lịch sử hiệu lực Decision 44/2015/QD-UBND investment incentive subsidy policies agriculture rural areas Lao Cai 2015 2020

                    • 25/09/2015

                      Văn bản được ban hành

                      Trạng thái: Chưa có hiệu lực

                    • 05/10/2015

                      Văn bản có hiệu lực

                      Trạng thái: Có hiệu lực