THE PRIME MINISTER ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 129/2009/QD-TTg | Hanoi, October 29, 2009 |
DECISION
APPROVING THE SCHEME ON INVESTMENT PROMOTION MECHANISMS AND POLICIES FOR NATURAL RESOURCE AND ENVIRONMENTAL PROTECTION
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government's Resolution No. 25/2006/NQ-CP dated October 9, 2006, promulgating the Government's action program to implement the Xth Party Congress's Resolution and the IXth National Assembly's Resolution on the socio-economic development plan during 2006-2010;
At the proposal of the Minister of Planning and Investment,
DECIDES:
Article 1.
To approve the Scheme on investment promotion mechanisms and policies for natural resource and environmental protection (below referred to as the Scheme) with the following principal contents:
I. OBJECTIVES
To build and complete a system of comprehensive, specific and uniform mechanisms and policies on land, finance, investment capital, human resources, science and technology to promote investment in, and ensure the achievement of the set targets for, natural resource and environmental protection and sustainable development.
II. VIEWPOINTS
- Natural resource and environmental protection is the cause of the entire people and by and for the people. The State shall manage and supervise organizations and individuals in protecting natural resources and the environment under law.
- To continue implementing effective policies on natural resource and environmental protection. To study amendments and supplements to mechanisms and policies for promoting direct and indirect investment in natural resource and environmental protection.
To set aside an appropriate budgetary capital portion as seed capital for attracting other investment capital sources to boost socialization of investment in natural resource and cm environmental protection.
To increase and expand international cooperation to attract foreign technical, technological and financial assistance in fulfilling development and natural resource and cm environmental protection targets.
III. FORMULATION PRINCIPLES
- To create a new breakthrough in macro mechanisms and policies, aiming to raise the capacity to tap resources, especially domestic ones, to increase investment capital for natural resources and environment, assuring the achievement of natural resource and environmental protection targets.
- To ensure sustainable development on the basis of environmental protection.
- To assure comprehensive and full implementation conditions: to guarantee interests of investors of natural resource and environmental protection projects.
IV. ORIENTATIONS FOR SPECIFIC GROUPS OF MECHANISMS AND POLICIES
1. Group of land use planning mechanisms and policies
- To specify in the land use planning the area and use purposes of land for the construction of natural resource and environmental protection works, which shall be closely managed.
- To detail in the land use planning land for environmental works in urban centers and industrial parks. To set aside certain areas for the construction of public environmental works in newly planned urban centers.
- To set aside certain areas for the construction of public environmental works in the residential land planning for rural areas. To protect and improve natural reserves, national parks and mangrove forests; to consolidate watershed and coastal protection forests.
2. Group of incentive policies on land
- The State shall organize land recovery, compensation, support, resettlement and ground clearance for investment projects.
- Land for the construction of environmental works and projects in urban and rural areas is entitled to exemption or reduction of registration fees, land rents, payments for land allocation and land use taxes.
- Mining organizations and individuals that need land for environmental treatment in mining and sorting activities may be allocated or leased land and have land rents, payments for land allocation and land use taxes reduced.
- For forestry land planned for plantation of production forests and natural production forests, to accelerate the land allocation and long-term and stable allocation and contracted protection of forests to farmer households, enterprises, legal entities and village communities. To adopt incentives for those allocated with land and contracted to protect forests on a long-term and stable basis to organize forestry production and business in combination with forestry and farm economies.
3. Group of incentive policies on finance
- To permit the contribution of land use rights as capital to joint ventures to build environmental treatment works for commercial purposes, or for mortgage to take bank loans for project implementation.
- To expand areas liable to taxes and charges and raise tax rates for production and business activities adversely affecting and polluting natural resources and the environment.
- To provide state budget supports and interest-free or low-interest credit loans for natural resource and environmental protection projects.
4. Group of incentive policies to attract investment capital
- To increase state budget investment capital and prioritize state credit and ODA funds for natural resource and environmental protection projects.
- To provide central budget supports for localities under inter-sectoral and -regional key target investment support programs on natural resource and environmental protection.
- To promote other capital sources from the population and enterprises and foreign direct investment for natural resource and environmental protection projects.
- To allow enterprises to use pre-tax profits for investment in post-production waste treatment.
- To improve the operation of the Vietnam Environment Facility. To develop a system of environmental protection facilities of branches and localities.
- To expand and specify a list of works and investment projects on natural resource and environmental protection to be included in the list of projects eligible for investment incentives and support.
- To tap other capital sources from the population and enterprises.
- To support natural resource and environmental protection projects through providing interest-free or low-interest loans.
- To support small- and medium-sized enterprises and craft villages in building environmental treatment facilities under programs and projects eligible for slate preferential credit.
- To formulate an environmental value accounting system at corporate level.
5. Group of incentive policies on human resources
- To incorporate environmental education into school curricula at all levels.
- To study and promulgate specific preferential treatment policies and regimes; to guarantee a full material and spiritual life for natural resources and environment sector employees and workers.
- To accelerate international integration in the training of natural resource and environmental protection officials.
6. Group of incentive policies on science and technology
- To allocate proper budget funds for research and application of advanced technologies in natural resource and environmental protection; to study and apply domestic technologies in replacement of imported ones.
- To provide financial supports or partial price subsidies for the application of scientific and technological advances at production and business establishments toward cleaner production.
- To amend regulations on technology transfer toward simplifying administrative procedures and reducing taxes.
- To encourage enterprises to study and apply scientific and technological advances to environmental treatment to raise their production efficiency.
- To support the import of new technologies and receive and master imported technologies; to guarantee rights to intellectual property and announcement, exchange, transfer and sale of research results.
-To develop international cooperation on scientific and technological research and exchange.
Article 2.
Organization of the Scheme implementation
1. The Ministry of Natural Resources and Environment
- To promulgate land incentives for natural resource and environmental protection projects eligible for investment incentives under the Investment Law.
- To formulate incentive mechanisms and policies for organizations and individuals providing environmental sanitation services through bidding.
- To formulate a national target program on environmental protection for community health.
- To complete mechanisms and policies on investments funded by the Vietnam Environment Facility and establishment and use of capital of sectoral and local environmental protection facilities.
2. The Ministry of Planning and Investment
- To review, set and update targets and indicators on natural resources and environment.
- To make a list of investment projects on, and adopt an investment plan for, natural resource and environmental protection up to 2015; to figure out fund raising solutions for implementation, including state budget, non-state budget and foreign capital sources.
- To formulate inter-sectoral and inter-regional coordination mechanisms for the implementation of environmental projects with inter-sectoral and inter-regional impacts. To act as the key agency for the implementation of these mechanisms.
- To complete the set of planned targets on natural resources, environment and sustainable development and assure the incorporation of these targets into 2010-2015 socio-economic development plans of the country, ministries, central branches and localities.
- To formulate mechanisms and policies to implement the approved sustainable development strategic orientation. To supervise and evaluate the fulfillment of sustainable development goals.
- To make reports on current budget spending on natural resources and environment, including domestic and ODA-funded investment; to analyze the impacts of investment in and spending on this sector on the environmental quality improvement and natural resources conservation.
3. The Ministry of Science and Technology
- To formulate schemes to survey and evaluate technological levels of enterprises nationwide operating in the domains affecting the environment and ecology.
- To formulate a legal framework for the process to verify, monitor and appraise waste treatment technological lines.
- To formulate a scheme on organization of a network to provide technological consultancy on treatment of industrial, daily-life and medical waste for enterprises.
- To adopt plans to renew technologies of enterprises towards environmental friendliness.