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THE MINISTRY OF AGRICULTURE AND RURAL
DEVELOPMENT
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SOCIALIST REPUBLIC
OF VIET NAM
Independence -
Freedom – Happiness
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No.
27/2011/TT-BNNPTNT
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Hanoi, April 13, 2011
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CIRCULAR
PROVIDING
FOR CRITERIA AND PROCEDURES OF ISSUING CERTIFICATE OF FARM ECONOMY
Pursuant to Decree No.01/2008/ND-CP dated 01/03/2008 of the Government
providing for functions, tasks, powers and organizational structure of the
Ministry of Agriculture and Rural Development; Decree No75/2009/ND-CP dated
09/10/2009 of the Government modifying Article 3 Decree No.01/2008/ND-CP dated
03/03/2008 of the Government;
Pursuant to Decree No.41/2010/ND-CP dated 04/12/2010 of the Government on
credit policy serving for Agriculture
and Rural development;
The Ministry of Agriculture and Rural Development guides criteria and
procedures of issuing the farm economy certificate as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Circular
guides the criteria for determination of farm economy, procedures of issuance, alteration,
re-issuance and withdrawal of the farm economy Certificate.
Article 2. Subjects of application
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2. Other
individuals, organizations relating to issuance, alteration, re-issuance and withdrawal
of the farm economy Certificate.
Article 3. Farm classification
1. Farms
shall be classified by production field as follows:
a) Cultivation
farms;
b) Animal
husbandry farms;
c) Forestry
farms;
d) Aquaculture
farms;
đ) General
farms.
2. Special
farms (cultivation, animal husbandry, forestry and aquaculture) are the farms
having proportion of agricultural commodity output value of branch achieving over
50% of structure of goods output value of the farm in one year. In case there is
not any branch achieving over 50% of structure of goods output value is called general
farm.
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Farm owners
are enjoyed policies of development assistance promotion and are responsible
for the implementation of all obligations according to current regulations.
Chapter II
THE CRITERIA FOR DETERMINATION OF FARM ECONOMY
Article 5. The criteria for determination
of farm economy
Individuals,
households who produce agriculture, forestry and aquaculture attain to the farm economy standard must
satisfy the following conditions:
1. For
cultivation, aquaculture, general production farms must attain:
a) Having
area over land-limited, at least:
- 3,1 hectares
for the southeast part provinces and
Mekong Delta;
- 2,1 hectares
for the remaining Provinces.
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2. For animal
husbandry farms, they must achieve goods output value from 1.000 million dong
or more/year;
3. For forest
farms, they must have minimum area of 31 hectares and average goods output
value achieving 500 million dong or more/year.
Article 6. Modification of the criteria for determination of farm economy
The criteria
for determination of farm economy is modified suitably to the social-economic
conditions of the country for each period, reliably for an at least 05 year
period.
Chapter III
PROCEDURES OF ISSUING, WITHDRAWING FARMTHE ECONOMY CERTIFICATE
Article 7. Competence to issuance, alteration,
re-issuance and withdrawal of the farm economy Certificate
The People’s
Committees of districts, towns, cities under provinces (hereinafter
collectively called as The District-level People’s Committees) are the agencies
who are competent for issuance, alteration, re-issuance and withdrawal of farm
economy Certificate.
Article 8. Dossiers requesting for issuance
of farm economy Certificate
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2. The attested
copy of certificate of land use right or land lease contract for producing
agriculture, forestry, aquaculture. For area of land which are being used by
households, individuals but not be issued certificate of land use right, must
be confirmed by the People’s Committees of communes, wards, townships (hereinafter
collectively called as the Commune-level People’s Committees) in which lands
locate that households, individuals are using lands stably without any
controversies.
Article 9. Dossiers requesting for
alteration of farm economy Certificate
1. Farm
owners are responsible for conducting procedures of request for alteration of
farm economy Certificate in the
following cases:
a) Changing
farm owner’s name;
b) Changing
production field of farm.
2. Dossiers
requesting for alteration of farm economy Certificate:
a) Application
for alteration of farm economy Certificate
is conducted following the standard form as provided in Annex III issuing
together with this Circular;
b) The issued
farm economy Certificate;
c) A regular
copy of documents evidencing the changing of farm owner’s name in case of
changing farm owner’s name.
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1. Households,
individuals or authorized representative apply 01(one) set of dossier according
to provisions in Article 8 (the case of requesting for issuing new
Certificate), in Article 9 (the case of requesting for alteration) of this
Circular at the Commune-level People’s Committee where the farms locate.
For the
production units who locate in the zone under many communes’ management, households,
individuals may make self-decision on choosing the Commune-level People’s
Committee for application of dossier at their convenience. In case of
requesting for alteration, farm owner applies dossier at the Commune-level
People’s Committee where conducted the issuance of Certificate of farm economy.
2. The
Commune-level People’s Committees receive dossiers when having enough papers,
documents according to provisions in this Circular and information must be
filled in the requestment application for issuance, alteration of farm economy Certificate
fully. After the receipt of dossiers, the Commune-level People’s Committees
must hand receipt to the applicants in which must state clearly the date of
returning result.
3. Within 05
working days since the date of receipt of dossier, the Commune-level People’s
Committee examines, certifies the requestment appication for issuance,
alteration of Certificate of farm economy and forward dossier requesting for
issuance, alteration of farm economy Certificate to the District-level People’s
Committees.
In case of
unable to certify the requestment appication for issuance, alteration of farm
economy Certificate, the Commune-level People’s Committee must reply in writing to state clearly reasons to the
applicant within 03 working days since date of receipt of dossier.
4. The
District-level People’s Committees conduct the alteration of Certificate of
farm economy according to standard form as provided in Annex I issuing together
this Circular to individuals, households within 03 working days since date of
receipt of dossier from the Commune-level People’s Committee if it satisfies
the following conditions:
a) Full and
regular dossier referred to Article 8, 9 of this Circular;
b) Satisfying
criteria for determination of farm economy referred to Article 5 of this
Circular.
After issuing
farm economy Certificate, it is transferred to the Commune-level People’s
Committee and hand to farm owner within 05 working days since the date of
issuing farm economy Certificate. In case of non-issuance, non-alteration of farm
economy Certificate, the District-level People’s Committees must send reply in
writing to the Commune-level People’s Committee to state clearly reasons for the
Commune-level People’s Committee notifying to the applicant.
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Article 11. Re-issuance of farm economy Certificate
In case Certificate
of farm economy is lost, burnt, torn, farm owners submit a requestment
application for re-issuance of farm economy Certificate implemented according to the standard form as provided in Annex IV
issuing together this Circular and the issued farm economy Certificate in case
of being lost, burnt, torn to the District-level People’s Committee where
issued the farm economy Certificate for individuals, households.
The
District-level People’s Committees conduct the re-issuance of farm economy Certificate
within 05 working days since date of receipt of full and regular dossier.
Article 12. Withdrawal of farm economy Certificate
1. Farm
economy Certificate is withdrawn for
the following cases:
a) The farm
terminates production operations;
b) The farm
having used land area reduces lower stipulated area or the farm has not achieved
stipulated standards on goods and products output value of agriculture, forest,
aquaculture for three consecutive years.
2. The
Commune-level People’s Committees are responsible for reporting to the
District-level People’s Committee for issuing decision of withdrawal of farm
economy Certificate.
3. Decision
of withdrawal of farm economy Certificate shall be sent to farm owners and the
Commune-level People’s Committee where locales the farm that is withdrawn farm
economy Certificate.
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IMPLEMENTATION ORGANIZATIONS
Article 13. Implementation organizations
1. The
People’s Committees of centrally-run cities, provinces are responsibility for guiding,
organizing the implementation of this Circular.
2. The
District-level People’s Committees:
a) To
implement the issuance, alteration, re-issuance and withdrawal of farm economy Certificate
in district area;
b) Yearly
report to the state management agencies of the situation of issuance,
alteration, re-issuance and withdrawal of farm economy Certificate in district
area.
3. The
Commune-level People’s Committees are responsibility for the guide of orders,
procedures of the issuance, alteration, re-issuance and withdrawal of Certificate
of farm economy to individuals, households who have demand; receipt of
dossiers; examination, confirming the requestment application for the issuance,
alteration of farm economy Certificate; forwarding dossiers to the District-level
People’s Committees; receipt of results from the District-level People’s
Committees and hand to the applicants; archiving information and supervising
production situation of farms in its area, if any change to type of production,
owners, production scale, must notify to farm owners for conducting procedures
for alteration and report to the District-level People’s Committees for issuing
decision of withdrawal of farm economy Certificate
according to provision.
4. The
Department of Agriculture and Rural Development, Departments of Statistics of centrally-run
cities, provinces are responsibility for synthesizing yearly situation of farm
economy development and issuance of farm economy Certificate of their locality
in order to report to the Ministry of Agriculture and Rural Development,
General Department of Statistics.
Article 14. Implementation provisions
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2. This
Circular takes effect after 45 days since the signing date and replaces the
Joint Circular No.69/2000/TTLT/BNN-TCTK dated 06/13/2000 of the Ministry of
Agriculture and Rural Development and the General Department of Statistics on
guiding the criteria for determination of farm economy and Circular No.74/2003/TT-BNN
date 07/04/2003 of the Ministry of Agriculture and Rural Development on
modifying, supplementing item III of the Joint Circular No.
69/2000/TTLT/BNN-TCTK.
During the
course of implementation organization, if there is any problem arising or
meeting any difficulties, localities must reflect to the Ministry of
Agriculture and Rural Development for promptly supplementation, modification./.
FOR THE MINISTER
DEPUTY MINISTER
Ho Xuan Hung