THE GOVERNMENT
Decree No. 118/2014/ND-CP dated December 17, 2014 of the Government on restructuring, developing and improving the agriculture and forestry companies
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Enterprises dated November 29, 2005;
Pursuant to the Law on Land dated November 29, 2013;
Pursuant to the Law on Forest Protection and Development dated December 03, 2004;
At the request of Minister of Agriculture and Rural Development;
The Government promulgates Decree on the restructuring, the development, and the improvement of agriculture and forestry companies.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment and subject of application
1. Scope of adjustment
This Decree stipulates the restructuring in organization, management mechanism and policies for agriculture and forestry companies.
2. Subject of application
a) One-member limited liability companies specialized in agriculture and forestry which are wholly state-owned companies (hereinafter referred to as agriculture and forestry companies) that have been transformed as prescribed in Decree 170/2004/ND-CP dated September 22, 2004 by Government on the restructuring and the development of State-owned plantations; Decree 200/2004/ND-CP dated December 03, 2004 by Government on the restructuring and the development of State-owned forestry plantations; Decree 25/2010/ND-CP dated March 19, 2010 by Government on transforming State-owned companies into one-member limited liability companies and the management organization of State-owned one-member limited liability companies .
b) Organizations and individuals involved in the restructuring, the development and the improvement of agriculture and forestry companies.
Article 2. Interpretation of terms
In this Decree, these terms below shall be construed as follows:
1. Empty land allocation is an act that a agriculture company or a forestry company allocating land to households or individuals without investment or implementation of the signed contracts as prescribed in laws on land allocation, and the land recipients have to make investment, organize the production, sell the products themselves, and have to submit products or money to such companies.
2. Sustainable forest management is the process of keeping the forest under control in order to meet the target, ensure the continuity of manufacturing without reducing the future value and productivity, to avoid bad effects on the environment and society.
3. International forest certificate is a confirmation in paper confirmed that the forest management company has met the sustainable forest management standards regulated by international forest certification organization or by authorized organizations.
Article 3. Rules on restructuring, developing and improving the agriculture and forestry companies
1. The restructuring of agriculture and forestry companies must be in accordance with the policy and the orientation on developing and improving state-owned enterprises cooperated with the restructuring of the agriculture sector and the whole economy as well as associated with assurance of national defense and security.
