THE MINISTRY
OF AGRICULTURE AND RURAL DEVELOPMENT
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
15/2014/TT-BNNPTNT
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Hanoi, April
29, 2014
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CIRCULAR
PROVIDING GUIDANCE ON IMPLEMENTATION OF SEVERAL ARTICLES OF
THE PRIME MINISTER’S DECISION NO. 62/2013/QD-TTG DATED OCTOBER 25, 2013 ON THE
INCENTIVE POLICY FOR DEVELOPMENT OF COOPERATION IN PRODUCTION AND CONSUMPTION
OF AGRICULTURAL PRODUCTS, AND VAST CROP FIELDS
Pursuant to the Government’s Decree No.
199/2013/ND-CP dated November 26, 2013 on defining the functions, tasks, powers
and organizational structure of the Ministry of Agriculture and Rural
Development;
Pursuant to the Prime Minister’s Decision No.
62/2013/QD-TTg dated October 25, 2013 on the incentive policy for development
of cooperation in agricultural production and consumption of crop products, and
vast crop fields;
After considering the request of the Director
of the Department of Cooperative and Rural Development,
The Minister of Agriculture and Rural
Development hereby promulgates the Circular on providing guidance on
implementation of several articles of the Prime Minister’s Decision No.
62/2013/QD-TTg dated October 25, 2013 on the incentive policy for development
of cooperation in agricultural production and consumption of crop products, and
vast crop fields.
Article 1. Scope of
application and applicable entities
1. Scope of application
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2. Applicable entities
a) Enterprises entering into contracts for
cooperation in agricultural production, processing and consumption of crop
products, development of vast crop fields with cooperatives or cooperatives
associations (hereinafter referred to as farmers' representative organization),
or family households, individuals or farms (hereinafter referred to as farmer).
b) Farmers’ representative organization entering
into contracts for cooperation in agricultural production, processing and
consumption of crop products, development of vast crop fields with enterprises
or farmers.
c) Farmers entering into contracts for
cooperation in agricultural production, processing and consumption of crop
products, development of vast crop fields with enterprises or farmers’
representative organizations.
Article 2. Interpretation of
terms
1. Vast crop field project or plan refers to the
project or the plan for development of cooperation in agricultural production
and consumption, vast crop fields proposed by enterprises or farmers'
representative organization and approved by competent authorities.
2. Contract for cooperation in agricultural
production and consumption of crop products refers to the contract for
cooperation in agricultural production and consumption of crop products, and
development of vast crop fields (hereinafter referred to as the cooperation
contract) entered into between enterprises and farmers' representative
organization or farmers; or between farmers' representative organizations and
farmers.
Article 3. Criteria for vast
crop field
In order to obtain the approval for the project
or plan for vast crop field, the following criteria should be met:
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a) Conform to the local planning for
socio-economic development, land use, general development of agricultural
production, and new rural areas and others.
b) Uniformly apply the production process which
has been agreed upon between parties involving the cooperation and is relevant
to plant types as well as ensures sustainable growth.
c) Have at least one of forms of the contract
for cooperation in agricultural production and consumption of crop products as
follows:
- Cooperation
between agricultural consumption – input material supply enterprises and
farmers’ representative organizations or farmers;
- Cooperation
between enterprises and farmers;
- Cooperation
between enterprises and farmers’ representative organizations;
- Cooperation
between farmers’ representative organizations and farmers.
(Form of
the contract for cooperation in agricultural production and consumption of crop
products according to the appendix 1)
d) Size of vast crop field:
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2. Encouragement criteria
a) Have economic infrastructure such as
interfield traffic roads, irrigation, electric power facilities and other
systems used for production purposes to meet demands for production and
consumption of agricultural products and gradually improve this with a view to
boost up concentrated commodity production activities.
b) Have the major size and apply consistent
mechanization, and advanced technology (production safety standards, VietGAP,
Global GAP, etc.), and have agricultural product procurement, storage and
processing establishments nearby the production area.
c) Other criteria stipulated by the provincial
People’s Committee when necessary.
Article 4. Guidance on the
planning or proposal for vast crop field
Depending on specific local conditions, each
locality chooses to formulate one of two forms of the planning or proposal for
vast crop field as the basis for approving projects or plans for vast crop
field within this locality.
1. Bases for formulation of the planning or
proposal for vast crop field
a) Approved planning or proposal for land use at
all levels.
b) Agricultural production developmental
planning (including the planning for the general development of agricultural
production by 2020 with a vision to 2030 according to the Prime Minister's
Decision No. 124/2012/QD-TTg dated February 2, 2012, and other local planning
approved by competent authorities).
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dd) Local advantage, market forecast of product
types to be produced as planned and local socio-economic developmental
orientation.
e) Demands for development of vast crop field
raised by enterprises and farmers’ representative organizations.
2. Duration of implementation of the planning or
plan for vast crop field
The planning or proposal for vast crop field
must be stable within 10 years and subject to periodic examination, evaluation
and adjustment.
3. Process
for formulating, evaluating and approving the planning or proposal for vast
crop field
a) Process for formulating, evaluating and
approving the planning for vast crop field: comply with regulations laid down
in the Circular No. 05/2013/TT-BKHDT of the Ministry of Planning and Investment
dated October 31, 2013 on providing guidance on formulating, evaluating,
approving, adjusting and announcing the general planning for socio-economic development,
and the planning for major industries, sectors and products.
b) Process for formulating, evaluating and
approving the proposal for vast crop field
- The provincial People’s Committee shall assign
the Department of Agriculture and Rural Development to preside over formulation
of the proposal for vast crop field within the province;
- The Department of Agriculture and Rural
Development shall preside over, collaborate with relevant departments or
industries, the People’s Committee of districts and district-level towns
(hereinafter referred to as district-level People’s Committee) in formulating
the proposal for vast crop field and submit it to the provincial People’s
Committee;
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Article 5. Provision on
formulation of the project or plan for vast crop field
Depending on specific local conditions,
enterprises and farmers’ representative organizations shall decide on one of
two forms of the project or the plan for vast crop field.
1. Intention approval
If
enterprises or farmers’ representative organizations wish to participate in the
cooperation in development of vast crop fields, they must submit the
application for formulation of the project or plan for vast crop field to the
Department of Agriculture and Rural Development for approval (form of the
application given in the appendix 2).
After receiving such application, the Department
of Agriculture and Rural Development shall preside over, collaborate with
departments and industries and the district-level People’s Committee concerned
to decide and confirm in writing whether it is approved within a permitted
duration of 15 working days of receipt of the application. If the application
is rejected, clear reasons for this must be stated as well.
2. Formulation of the project or plan for vast
crop field
Based on the approval granted by the Department
of Agriculture and Rural Development, enterprises or farmers’ representative
organization shall formulate the project or plan for vast crop fields (form of
the project or the plan given in the appendix 3).
The plan for implement contents eligible for
incentives or supports as stipulated in Point c Clause 2 and Point b Clause 2
Article 5 of the Decision No. 62/2013/QD-TTg must be specified in the project
or the plan for vast crop field formulated by enterprises or farmers'
representative organizations.
3. Application for verification and approval
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b) The project or the plan for vast crop field
c) Business license according to legal regulations
in the field of conditional production and business (a notarized copy).
d) Information about the crop product
consumption capability of enterprises, farmers’ representative organizations
calculated by taking into account the output of crop products for domestic
consumption or export over the period of 3 latest years, or about storage and
processing capability calculated by taking into account the capacity of
warehouses, manufacturing facilities and machinery used for processing
activities currently available in enterprises and farmers’ representative
organizations. Such information shall be declared by these enterprises and
farmers' representative organizations and they shall be held legally liable for
the accuracy of provided information.
4. Process of verification and approval
a) After obtaining the intention approval,
enterprises or farmers’ representative organization shall prepare at least 07
sets of documents about the project or the plan for vast crop field for
submission to the Department of Agriculture and Rural Development to serve the
verification purpose.
b) Within a permitted duration of 03 working
days of receipt of all required documents sent by mails, or within the day of
receiving such documents sent in person, the Department of Agriculture and
Rural Development shall be responsible for examining the adequacy and legality
of these documents and requesting applicants to provide additional documents
when required.
c) Not later than 15 working days of receipt of
all valid documents, the Department of Agriculture and Rural Development shall
preside over, collaborate with relevant departments or industries, the
district-level People’s Committee concerned in carrying out their verification
of submitted documents before submitting them to the provincial People’s
Committee to apply for its consideration and approval of the project or the
plan for vast crop field.
If the project or the plan is rejected, the
provincial People's Committee shall assign the Department of Agriculture and
Rural Development to respond to enterprises and farmers' representative
organizations with clear reasons for such rejection.
5. Implementation duration
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6. Estimate of raw material demands
In order to comply with regulations on raw
material areas stated in Point b Clause 2 Article 4 of the Decision No.
62/2013/QD-TTg, the project or the plan for vast crop field should conform to
the minimum estimate of raw material demands stipulated in Point b Clause 6 of
this Article and such demands shall be calculated as follows:
a) Formula of calculating the percentage of raw
material demand satisfaction (according to the appendix 5).
b) Table of
estimate of raw material demands
Plant types
Minimum
percentage of raw material demand satisfaction
1st
year
2nd
year
3rd
year
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5th
year
6th
year
7th
year
1. 1. Annuals
10
20
30
40
50
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2. 2. Perennials
10
15
20
25
30
40
50
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7. Execution of the project or the plan for vast
crop field
Based on the approved project or the plan for
vast crop field, enterprises or farmers’ representative organization shall plan
the implementation and estimate the budget for submission to the Department of
Agriculture and Rural Development to make an aggregate report to the provincial
People’s Committee.
8. Modification, supplementation and time
extension of execution of the project or the plan for vast crop field
If enterprises or farmers’ representative
organizations wish to modify, supplement and extend the duration of execution
of the project or the plan for vast crop fields, they must file their request
and enclose the supplemented project or plan for submission to the Department
of Agriculture and Rural Development.
Verification and approval of modification,
supplementation and time extension of execution of the project or the plan for
vast crop field shall comply with the regulations laid down in Point b and
Point c Clause 4 of this Article.
Article 6. Regulations on
support given to farmers
The People’s Committee at the communal level
shall rely on the contract and the record on acceptance of the contract for cooperation
and consumption of crop products between enterprises and farmers’
representative organizations within the scope of projects or plans for vast
crop fields executed within specific communes which confirm farmers’ execution
of such contract to serve as the basis for considering granting incentives and
support to farmers in accordance with Clause 2 Article 6 of the Decision No.
62/2013/QD-TTg.
The district-level People’s Committee shall rely
on the confirmation of contract execution to give incentives and support to
farmers’ households in accordance with applicable laws.
Article 7. Implementation
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a) Preside over, cooperate with relevant
organizations to assist the Ministry of Agriculture and Rural Development in
directing, monitoring and providing guidance on implementation of this
Circular.
b) Periodically examine, supervise, and make the
preliminary and general summary of implementation of the Decision No.
62/2013/QD-TTg, and periodically report to the Minister of Agriculture and
Rural Development.
2. The Department of Crop Production
Preside over, cooperate with the Plant
Protection Department, the Agricultural and Forestry Product Processing and
Salt Industry Department and related affiliates of the Ministry in uniformly
applying the advanced production process and technologies.
3. The National Agricultural Extension Center
Integrate into agricultural extension projects
to set up and widely multiply models of cooperation, provide guidance and
participate in trainings in technical practices given to farmers, direct the
Agricultural Extension Center in provinces to arrange workforce to assist
cooperative partners in forming vast crop fields.
4. The Department of Agriculture and Rural
Development
a) Depending on the demand for vast crop fields
at specific localities, the Department of Agriculture and Rural Development
shall assist the provincial People’s Committee in considering and deciding the
establishment of the Steering Board or the Management Board to set up vast crop
fields chaired by the Vice Chairman of the provincial People’s Committee, or
integrate with other steering boards of the province to assist the provincial
People’s Committee in directing formulation and implementation of the planning
or the proposal or policy for vast crop fields within the area.
b) Assist the provincial People’s Committee in
issuing the minimum criteria for the size and acreage, and others for vast crop
fields and specific levels of local support for setting up vast crop fields.
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d) Preside over cooperation with the Department
of Planning and Investment, the Department of Finance to assist the provincial
People's Committee in formulating the plan for annual budget distribution to
enterprises or farmers’ representative organizations and farmers getting
involved in vast crop fields for submission to the provincial People’s Council
for approval.
dd) Examine, supervise and expedite and provide
guidance on implementation of the project or the plan for vast crop fields and
report on the implementation result in accordance with applicable regulations.
e) Assist the provincial People’s Committee in
resolving disputes and violations in the course of executing the contract
between cooperative partners; consider, decide or give competent authorities
suggestions about withholding of governmental support or preferences from any
party committing violations against the contract for production and consumption
of crop products.
g) Assist the provincial People's Committee in
directing relevant agencies and competent authorities at all levels to
encourage the agricultural land exchange and accumulation; provide guidance and
consultation for cooperative parties to execute the project and the plan for
vast crop fields.
Article 8. Effect
This Circular shall enter into force from June
15, 2014.
In the course of implementation, if there is any
difficulty or problem that may arise, feedbacks should be sent to the Ministry
of Agriculture and Rural Development for timely supplementation and
modification./.
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PP. THE
MINISTER
THE DEPUTY MINISTER
Tran Thanh Nam