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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 35/2015/NĐ-CP
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Hanoi, April 13,
2015
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DECREE
MANAGEMENT
AND USE OF PADDY LAND
Pursuant to the Law on Government organization dated
December 25, 2001;
Pursuant to the Law on Land dated November 29,
2013;
Pursuant to the Resolution No. 17/2011/QH13
dated November 22, 2011 of National Assembly, Session XIII on land-use planning
till 2020 and land-use planning in five-year period (2011 – 2015) at national
level;
At the request of the Minister of Agriculture
and Rural Development,
The Government promulgates the Decree on
management and use of paddy land.
Chapter I
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Article 1. Governing scope
This Decree regulates management and effective use
of paddy land; policies supporting rice cultivation for protection and
development of paddy land across the country.
Article 2. Regulated entities
Agencies, organizations, households and individuals
at home, organizations and individuals abroad concerning management and use of
paddy land;
Article 3. Interpretation of
terms
In this Decree, some terms are construed as
follows:
1. Paddy land means the land that is suitable for
rice cultivation including land for growing wet rice and other types of rice.
2. Wet rice land means the land that yields from
two crops of wet rice and over in a year.
3. Land for growing other types of rice includes
other types of wet rice land and land for growing upland rice.
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5. Pollution to paddy land means activities of
injecting into the land toxins, harmful microorganisms and parasites that cause
changes to structures and components of land, adversely affect rice production
and quality, health of human beings, animals and environment.
6. Degradation to paddy land means activities
causing sheet erosion, silting, aridification, salinization, acidification,
aluming to the land making it less fertile and lose balance of nutrients that
result in productivity reduction.
7. Distortion of paddy land surface means
activities that cause changes to surface of paddy field making it uneven in
structure, components of nutrients and in microorganism system and impossible
for growing rice.
8. Annual plant means a plant that is sown,
harvested and completes its cycle of production within one year, including
annual plants with roots retained for harvesting not exceeding five years.
9. Perennial plant is a plant that is sown once,
grows and harvested for years.
10. Combination with aquaculture on paddy land
means the combination of rice cultivation and aquaculture: including a rice
crop and then an aquacultural crop, or developing rice and aquaculture
simultaneously.
Chapter II
MANAGEMENT AND USE OF
PADDY LAND
Article 4. Conversion of plant
mechanism on paddy land
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a) Retain conditions for re-cultivation of rice,
stop such activities as distortion of land surface, causing pollution and
degradation to paddy land, causing damage to traffic construction and
irrigation works serving rice cultivation;
b) Must conform with the plan for converting plant
mechanism from rice cultivation to annual plant cultivation or rice cultivation
in combination with aquaculture on the paddy land of commune level (hereinafter
referred to as conversion of plant mechanism on paddy land);
c) In case rice cultivation is combined with
aquaculture, a maximum of 20% of the rice cultivation area is set aside for
aquaculture but can be restored to its normal condition for rice cultivation.
2. Land users should register for conversion of
plant mechanism on paddy land with People’s committees of communes. People’s
committees of communes must consider conformity with the conditions as
prescribed in Clause 1 of this Article upon receipt of the registration form
and monitor use of paddy land.
3. Paddy land subject to conversion of plant
mechanism that meet the provisions set out in Clauses 1, 2 of this Article is
still considered as paddy land unless area of paddy land is totally converted
into annual plant cultivation or aquaculture.
4. The Ministry of Agriculture and Rural
Development shall provide specific guidance on this Article.
Article 5. Conversion of wet
rice land into non-agricultural land
1. Persons who have land allocated or rented out by
the state to use for non-agricultural purpose from wet rice land must exercise
regulations of the Law on Land and pay an amount of money for protection and
development of paddy land.
2. Depending on specific condition in the locality,
People’s committees of provinces shall decide a specific amount that is not less
than 50 per cent of the amount determined by multiplying the area of wet rice
land subject to conversion into non-agricultural land by the price of paddy
land according to the price list at the date of conversion.
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Article 6. Responsibilities of
paddy rice users
1. Use land in accordance with use purpose as
prescribed in paddy land using planning approved by competent agencies;
2. Make effective use of paddy land without causing
pollution, degradation to it and abandoning it as wasteland. In case some
violation is committed, penalty shall be imposed in accordance with the Law on
Land.
3. Meet requirements for cultivation technique,
implement rotational crops to improve production efficiency; renovate and
enrich paddy land, protect eco-system environment;
4. Paddy land users must exercise their rights and
obligations during land use term according to the law on land and other
applicable regulations.
5. When conversion of plant mechanism on paddy land
is done:
a) Register with People’s committees of communes as
prescribed in Clause 2, Article 4 of this Decree;
b) Do not leave damage inflicted on irrigation,
interior field traffic system causing negative effects on rice production in
neighboring areas;
c) In case irrigation, interior field traffic
system is damaged, take appropriate measures and make compensations if the
damage does cause adverse effects on rice production in neighboring areas;
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6. When conversion of paddy land use purpose is
done:
a) Comply with the regulations of the Law on Land
in conversion of use purpose and provisions set out in Article 5 of this
Decree;
b) Take measures to prevent and combat pollution
and degradation caused to soil, water without any adverse effect on rice
production in neighboring areas; Take timely measures and make compensations in
case adverse effects are caused;
Chapter III
POLICIES SUPPORTING
PROTECTION AND DEVELOPMENT OF PADDY LAND
Article 7. Supporting local
rice production
1. Based on area of paddy land, the State shall
prioritize supports for rice cultivation in the localities (including expenses
for investment and regular expenses) via state budget's allocation limit
decided by competent authorities according to the Law on State Budget.
2. Apart from the supports from state budget
according to applicable regulations, relevant localities still enjoy other
supports as follows:
a) VND 1,000,000/ha/year as supports for wet rice
land;
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3. Area of paddy land is supported and determined
according to statistical figures on land by central-affiliated cities and
provinces announced by the Ministry of Natural Resources and Environment in the
year immediately prior to the year of budget allocation.
4. Supports for reclaimation and renovation of
paddy land:
a) VND 10,000,000/ha as supports for paddy land
(except upland rice land) that is reclaimed from unused land or restored from
abandoned state. In case of multiple regulations, apply the principle each
piece of land is supported once and level of support is decided by People’s
committees of provinces;
b) VND 5,000,000/ha as supports for wet rice land
that is reclaimed from one-crop wet rice land and other lands according to
paddy land using planning;
5. Sources and supporting mechanism:
a) 100 per cent as level of support for the
localities that receive source of expenses as supplements from central budget
and provincial budget of Quang Ngai;
b) 50 per cent as level of support for the
localities that regulate division revenues (less than 50 per cent) to the
central budget;
c) The remaining localities shall use local budget
for implementation.
6. People’s committees of provinces shall manage
and allocate supporting budget sources for protection and development of paddy
land.
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People’s committees of all levels shall use
expenses paid by persons who have land allocated, rented out by the state for
non-agricultural purpose from wet rice land and the supportive budget as
prescribed in Clause 2, Article 7 hereof to carry out protection and
development of paddy land in conformity with local conditions:
1. Do the planning, establish maps of high
productive and quality wet rice land in conformity with land using planning;
make public announcement for implementation;
2. Analyze chemical and physical properties of high
productive and quality wet rice land on a ten-year basis to make effective use
and take appropriate renovation measures;
3. Carry out renovation to increase quality of wet
rice land or other types of wet rice land: increase thickness of cultivation
layers; fill in low-land areas; increase evenness of paddy field; put down
organic, micro-organic fertilizers; deacidify and desalt soil contaminated with
acid sulfate and salinity and other renovation measures.
4. Carry out construction and maintenance of
agricultural and rural infrastructure construction works on the administrative
division of communes of which traffic and irrigation system on paddy land are
prioritized;
5. Carry out reclaimation and restoration of unused
land to wet rice land or other kinds of wet rice land;
6. Provide direct supports to rice farmers for
applying new breeds, technical and technological advances in rice production;
provide supports for combination of production and consumption of products;
Chapter IV
IMPLEMENTATION
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1. Instruct organization of rice production and
conversion of plant mechanism on paddy rice according to provisions set out
hereof and other relevant documents;
2. Instruct implementation of subject matters as
prescribed in Article 4 hereof;
3. Construct projects, policies supporting
conversion of plant structure on paddy land and make submission to competent
authorities for approval;
Article 10. Ministry of
Natural Resources and Environment
1. Summarize and balance the demands for using
paddy land by the Ministries, departments and central-affiliated cities and
provinces; plan allocation of criteria of paddy land use at national level to
socio-economic areas and provincial administrative units of which demands for
using paddy land, area of paddy land converted must be specified;
2. Provide guidance to People’s committees of
central-affiliated cities and provinces on determination of area and borderlines
of paddy land on-site and establishment of maps of paddy land;
3. On an annual basis, summarize and make the
report to the Prime Minister on the management and use of paddy land by the
localities;
4. Take the initiative in cooperating with the Ministry
of Agriculture and Rural Development and relevant ministries, departments in
investigating and inspecting the management and use of paddy land by the
localities across the country;
Article 11. Ministry of
Finance
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2. Take the initiative in cooperating with the
Ministry of Planning and Investment, the Ministry of Agriculture and Rural
Development in allocating budget sources to local rice production;
3. Take the initiative in cooperating with the
Ministry of Agriculture and Rural Development in instructing payment,
management and allocation of revenues as prescribed in Article 5 and supportive
budget as prescribed in Clause 2, Article 7 hereof;
Article 12. Other ministries,
departments
Other ministries, departments within assigned
functions and duties shall be responsible for cooperating with the Ministry of
Agriculture and Rural Development, the Ministry of Natural Resources and
Environment, the Ministry of Finance, the Ministry of Planning and Investment
in exercising relevant provisions set out hereof.
Article 13. People’s
committees of central-affiliated cities and provinces
1. Exercise subject matters of management and use
of paddy land by the localities according to provisions set out hereof and
other relevant documents;
2. Organize public announcement and close
management of the approved paddy land use planning; verify borderlines and
establish maps of area of paddy land and high productive, quality wet rice
land;
3. Presidents of People’s committees of
central-affiliated cities and provinces shall be responsible to the Law and the
Government for protecting area, borderlines and quality of paddy land under the
approved paddy land using planning.
4. Determine types of annual plants or aquatic life
appropriate for conversion of plant mechanism on paddy land in the localities
as prescribed hereof; Direct professional agencies to construct the plan for
implementing conversion of plant mechanism on paddy land in the localities;
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6. On an annual basis, report to the Ministry of
Natural Resources and Environment on the management and use of paddy land by
the localities; report to People’s Council of the same level on the allocation
and use of budget for the protection and development of paddy land;
7. Investigate and inspect the management and use
of paddy land by the localities;
Chapter V
IMPLEMENTATION
Article 14. Provisional
provisions
Policies supporting local rice production and rice
farmers as prescribed in Articles 10, 11 of the Decision No. 42/2012/NĐ-CP
remain effective till the end of December 31, 2015.
Article 15. Implementation
1. This Decree replaces the Decree No.
42/2012/NĐ-CP dated May 11, 2012 on management and use of paddy land and takes
effect since July 01, 2015.
2. The Ministers, heads of ministerial-level
agencies, heads of governmental agencies, presidents of People’s committees of
central-affiliated cities and provinces, and other relevant organizations,
individuals shall be responsible for executing this Decree ./.
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PP THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung