Decision No. 70/2011/QD-TTg of December 13, 2011, promulgating the regulation on a number of mechanisms and policies on agricultural cooperation with african countries during 2012-2020

DECISION

PROMULGATING THE REGULATION ON A NUMBER OF MECHANISMS AND POLICIES ON AGRICULTURAL COOPERATION WITH AFRICAN COUNTRIES DURING 2012-2020

THE PRIME MINISTER

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

Pursuant to the December 16, 2002 Law on the State Budget;

Pursuant to the June 14. 2005 Law on Conclusion. Accession to and Implementation of Treaties;

Pursuant to the April 20. 2007 Ordinance on Conclusion and Implementation of International Agreements;

Pursuant to the November 13. 2008 Law on Cadres and Civil Servants;

Pursuant to the November 15, 2010 Law on Public Employees;

Pursuant to the November 29, 2006 Law on Vietnamese Guest Workers;

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

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on a number of mechanisms and policies on agricultural cooperation with African countries during 2012-2020.

Article 2. This Decision lakes effect on February 1, 2012.

Article 3. The Minister of Agriculture and Rural Development and ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decision.

REGULATION

ON A NUMBER OF MECHANISMS AND POLICIES ON AGRICULTURAL COOPERATION WITH AFRICAN COUNTRIES DURING 2012-2020
(Promulgated together with the Prime Minister's Decision No. 70/2011/QD-TTg of December 13, 2011)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation:

a/ Bilateral agricultural cooperation activities between the Government of Socialist Republic of Vietnam and governments of African countries under treaties concluded between the Government of Vietnam and governments of African partner countries.

b/ Agricultural cooperation among the Government of Vietnam, governments of African partner countries and one or several international aid agencies under treaties concluded among parties.

c/ Vietnamese enterprises' direct investment in African countries in the agricultural sector according to Vietnam's laws on overseas investment and host countries" investment laws.

2. Subjects of application:

a/ Cadres, civil servants and public employees sent to work as experts under government-level cooperation programs or enterprises' investment projects.

b/ Vietnamese enterprises participating in implementation of investment projects in Africa. Laborers sent by enterprises to work as experts or those employed under labor contracts.

Chapter II

A NUMBER OF SPECIFIC MECHANISMS AND POLICIES

Article 2. Mechanisms and policies for experts and laborers

1. Cadres, civil servants and public employees sent to work as experts under government-level agricultural cooperation projects arc eligible for state budget-funded foreign language training before going to Africa. Guest laborers under enterprises' labor contracts are eligible for enterprise-funded foreign language training.

2. They will enjoy judicial protection by the Vietnamese State in host countries.

3. They will receive salaries under competent agencies" decisions and labor contracts concluded with enterprises.

4. They may participate in social insurance and health insurance according to Vietnam's laws on social insurance and health insurance. Domestic agencies and enterprises managing experts and laborers shall register for participation in and pay premiums for social insurance and health insurance with social insurance agencies for their experts and laborers under regulations.

5. Their personal income tax complies with current regulations on personal income tax. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions on personal income tax different from current regulations on personal income tax, such treaty will prevail.

6. For experts working within the framework of government-level cooperation activities, salaries and other entitlements shall comply with the Government's Decree No. 157/2005/ND-CP of December 23. 2005. providing a number of entitlements for cadres and civil servants working for a given term at overseas Vietnamese missions and its guiding, replacing or supplementing documents (excluding entitlements for diplomats' spouses).

7. For experts who are cadres, civil servants or public employees and have concluded labor contracts with enterprises to work under investment projects in Africa, in addition to general entitlements, enterprises shall themselves determine the salary regime on the basis of balancing expenses and profits, ensuring that the payable salary level is not lower than state-specified one.

8. Laborers working under labor contracts shall comply with the law on Vietnamese guest workers.

Article 3. Mechanisms and policies for Vietnamese enterprises investing in production or business activities in African countries

1. Vietnamese enterprises investing in production or business activities in the agricultural sector in African countries shall observe current regulations on taxes, charges and fees. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different to current laws, such treaty will prevail.

2. They may borrow capital for investment in production and business activities in Africa from the Vietnam Development Hank under the Government's current regulations on investment credit and export credit.

3. They may receive and apply outcomes of the State-invested agricultural production models in Africa to extend and develop their investment projects in Africa; and may use information of the Vietnam's agricultural database set in .Africa.

Article 4. Funds for implementing agricultural cooperation projects

1. For bilateral cooperation, funds shall be allocated from state budgets of Vietnam and host countries on cooperation principles in treaties concluded and ratified by competent authorities.

2. For Vietnamese enterprises' direct investment, funds shall be allocated by Vietnamese enterprises for production or business activities in host countries and from other lawful capital sources.

3. For other cooperation forms, funds shall be allocated under concluded treaties.

Chapter III

IMPLEMENTATION PROVISIONS

Article 5. Implementation responsibilities

1. The Ministry of Agriculture and Rural Development shall:

a/ Direct its attached units in formulating specific projects, based on mechanisms and policies promulgated in this Decision and current regulations, and submitting to competent agencies for approval expense estimates and payment and finalization according to current laws.

b/ Sum up expense estimates for implementing annual schemes on agricultural cooperation with African countries and send them to the Ministry of Finance and the Ministry of Planning and Investment for summarization and submission to the Government.

c/ Assume the prime responsibility for, and coordinate with related ministries in. examining, supervising, summarizing and reporting the implementation of mechanisms and policies specified in this Decision, and propose to the Prime Minister appropriate and prompt supplementations and amendments.

2. The Ministry of Finance shall:

a/ Sum up state budget estimates for implementing annual schemes on agricultural cooperation with African countries and submit them to the Government.

b/ Coordinate with the Ministry of Agriculture and Rural Development in examining and supervising mechanisms and policies on agricultural cooperation with African countries.

3. The Ministry of Planning and Investment shall:

a/ Coordinate with the Ministry of Finance in balancing the annual state budget to assure sufficient funds for implementing schemes on agricultural cooperation with African countries:

b/ Coordinate with the Ministry of Agriculture and Rural Development in examining and supervising mechanisms and policies on agricultural cooperation with African countries.

4. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Labor. War Invalids and Social Affairs in, guiding the implementation of the salary regime for experts specified in Article 2 of this Decision.

5. The Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Justice, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health shall, within the ambit of their functions and tasks, issue relevant legal documents in order to protect the safety and interests of individuals and enterprises working or conducting production or business activities in Africa.

6. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with related agencies in. proposing amendments and supplements to this Decision, if necessary, to the. Prime Minister for consideration and decision.-