DECREE

On the agriculture support policies to restore production in areas suffering damage from natural disasters and plant pests

^____________

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013, and the Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes dated June 17, 2020;

Pursuant to the Law on Civil Defense dated June 20, 2023;

Pursuant to the Law on the State Budget dated June 25, 2015;

Pursuant to the Law on Crop Production dated November 19, 2018;

Pursuant to the Law on Animal Husbandry dated November 19, 2018;

Pursuant to the Law on Fisheries dated November 21, 2017;

Pursuant to the Law on Forestry dated November 15, 2017;

Pursuant to the Law on Plant Protection and Quarantine dated November 25, 2013;

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

The Government hereby promulgates the Decree on the agriculture support policies to restore production in areas suffering damage from natural disasters and plant pests.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides support policies for plant varieties, animal breeds, aquaculture, forestry, salt production or part of the initial production costs to restore agricultural production in areas suffering damage from natural disasters and plant pests.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals, foreign organizations and individuals, involved in, or participating in supporting agricultural production to restore production in areas suffering damage from natural disasters and plant pests in Vietnam.

Article 3. Support principles

1. The State shall support part of the expenses for plant varieties, forestry, animal breeds, aquaculture, salt production or part of the initial production costs (without compensation for damages).

2. Support must be provided in a timely manner, directly by cash or plant varieties, breed and in kind. Supported seeds, animals and kind must be of good quality and suitable to local ecological conditions and realities.

3. Support must be provided properly in an open and transparent manner at the right level.

4. In case there are different support policies for the same content at the same time, the production establishments shall be entitled to the highest policy.

Chapter II

AGRICULTURE SUPPORT POLICIES TO RESTORE PRODUCTION IN AREAS SUFFERING DAMAGE FROM NATURAL DISASTERS AND PLANT PESTS

Article 4. Beneficiaries

Individuals, households, farm owners, cooperative groups, cooperatives, cooperative unions, agencies and units of the people's armed forces (excluding enterprises of the armed forces) engaged in cultivation, forestry, animal husbandry, aquaculture, salt production (hereinafter referred to as production establishments) suffering damage from natural disasters and plant pests.

Article 5. Support levels

1. Support levels for crops damaged by natural disasters and plant pests

a) Rice area:

After planting for 1 to 10 days: For the rice area damaged over 70% of the area, a support of VND 6,000,000/ha shall be provided; for the rice area damaged from 30% to 70% of the area, a support of VND 3,000,000/ha shall be provided;

After planting for more than 10 to 45 days: For the rice area damaged over 70% of the area, a support of VND 8,000,000/ha shall be provided; for the rice area damaged from 30% to 70% of the area, a support of VND 4,000,000/ha shall be provided;

After planting for more than 45 days: For the rice area damaged over 70% of the area, a support of VND 10,000,000/ha shall be provided; for the rice area damaged from 30% to 70% of the area, a support of VND 5,000,000/ha shall be provided.

b) Seedling area:

For the seedling area damaged over 70% of the area, a support of VND 30,000,000/ha shall be provided; for the seedling area damaged from 30% to 70% of the area, a support of VND 15,000,000/ha shall be provided.

c) Other annual crop areas:

Seedling stage (planting to 1/3 of growth period): For the area damaged over 70% of the area, a support of VND 6,000,000/ha shall be provided; for the area damaged from 30% to 70% of the area, a support of VND 3,000,000/ha shall be provided;

Developing stage (over 1/3 to 2/3 of growth period): For the area damaged over 70% of the area, a support of VND 10,000,000/ha shall be provided; for the area damaged from 30% to 70% of the area, a support of VND 5,000,000/ha shall be provided;

Near-harvest stage (over 2/3 of growing period): For the area damaged over 70% of the area, a support of VND 15,000,000/ha shall be provided; for the area damaged from 30% to 70% of the area, a support of VND 7,500,000/ha shall be provided.

d) Perennial crop area:

Orchards in basic construction period: For the area damaged over 70% of the area, a support of VND 12,000,000/ha shall be provided; for the area damaged from 30% to 70% of the area, a support of VND 6,000,000/ha shall be provided;

Orchards during business period with damage to harvest yield but trees do not die: For the area damaged over 70% of the area, a support of VND 20,000,000/ha shall be provided; for the area damaged from 30% to 70% of the area, a support of VND 10,000,000/ha shall be provided;

Orchards during the business period that are damaged causing the trees to die or are assessed as having no ability to recover to normal state; budwood orchards in the stage of exploiting propagation materials: For the area damaged over 70% of the area, a support of VND 30,000,000/ha shall be provided; for the area damaged from 30% to 70% of the area, a support of VND 15,000,000/ha shall be provided;

Seedlings in the nursery stage are propagated from materials exploited from elite plants, budwood orchards: For the area damaged over 70% of the area, a support of VND 60,000,000/ha shall be provided; for the area damaged from 30% to 70% of the area, a support of VND 30,000,000/ha shall be provided.

2. Support levels for forestry damaged by natural disasters and plant pests

a) Area of forest trees and non-timber forest trees planted on newly planted forestry land up to 1/2 of the exploitation cycle: For the area damaged over 70%, a support of VND 8,000,000/ha shall be provided; for the area damaged from 30% to 70%, a support of VND 4,000,000/ha shall be provided.

b) Area of forest trees and non-timber forest trees planted on forestry land over 1/2 of the exploitation cycle, area of large timber forests over 3 years old: For the area damaged over 70%, a support of VND 15,000,000/ha shall be provided; for the area damaged from 30% to 70%, a support of VND 7,500,000/ha shall be provided.

c) Area of seedling forests and nurseries: For the area damaged over 70%, a support of VND 20,000,000/ha shall be provided; for the area damaged from 30% to 70%, a support of VND 10,000,000/ha shall be provided.

d) Area of seedlings grown in the nursery stage:

Group of fast-growing trees, with a sowing time of less than 12 months: For the area damaged over 70%, a support of VND 40,000,000/ha shall be provided; for the area damaged from 30% to 70%, a support of VND 20,000,000/ha shall be provided.

Group of slow-growing trees, with a sowing time of less than 12 months:  For the area damaged over 70%, a support of VND 60,000,000/ha shall be provided; for the area damaged from 30% to 70%, a support of VND 30,000,000/ha shall be provided.

3. Support level for aquatic products damaged by natural disasters (including aquaculture, production, and aquatic breed nursery)

a) For intensive and semi-intensive aquaculture in ponds (lagoons/tunnels): The damaged aquaculture area shall be entitled to a support of VND 60,000,000/ha.

b) Aquaculture in pools, cages and pens: The damaged aquaculture volume shall be entitled to a support of VND 30,000,000/m³.

c) Aquaculture in other forms: The damaged aquaculture area shall be entitled to a support of VND 15,000,000/ha.

4. Support levels for domestic animals suffering damages (died or missing) from natural disasters

a) For poultry (chickens, ducks, geese, swans, pigeons) up to 28 days old, a support of between VND 15,000/head and VND 30,000/head shall be provided; for those over 28 days old, a support of between VND 31,000/head and VND 45,000/head shall be provided.

a) For quails up to 28 days old, a support of between VND 3,000/head and VND 5,000/head shall be provided; for those over 28 days old, a support of between VND 6,000/head and VND 10,000/head shall be provided.

a) For pigs up to 28 days old, a support of between VND 500,000/head and VND 600,000/head shall be provided; for those over 28 days old, a support of between VND 610,000/head and VND 3,000,000/head shall be provided; for sows and boars in exploitation, a support of VND 3,000,000/head shall be provided.

d) For dairy heifers up to 6 months old, a support of between VND 2,000,000/head and VND 4,000,000/head shall be provided; for dairy cows over 6 months old, a support of between VND 4,100,000/head and VND 12,000,000/head shall be provided.

dd) For buffaloes, beef cattle, horses up to 6 months old, a support of between VND 1,500,000/head and VND 3,000,000/head shall be provided; for those over 6 months old, a support of between VND 3,100,000/head and VND 7,000,000/head shall be provided.

e) Sika deer, sheep, goats, ostriches: A support from 1,000,000 VND/head to 2,500,000 VND/head shall be provided.

g) For rabbits up to 28 days old, a support of between VND 30,000/head and VND 50,000/head shall be provided; for those over 28 days old, a support of between VND 51,000/head and VND 70,000/head shall be provided.

h) Honey bees (hives): A support from VND 300,000/hive to VND 500,000/hive shall be provided.

5. Support level for salt production damaged by natural disasters (including production area or area with salt gathered in the field)

Salt production area: For the area damaged over 70%, a support of VND 4,000,000/ha shall be provided; for the area damaged from 30% to 70%, a support of VND 3,000,000/ha shall be provided.

6. In case of support in the form of seeds, animals, or in kind, the support level is converted to the equivalent of cash support according to the price at the time of support.

Article 6. Order and responsibility for support

1. The order and responsibility for support implementation for agencies and units of the people's armed forces shall comply with instructions provided by the Ministry of Natural Defence and the Ministry of Public Security.

2. The order and responsibility for support implementation for damages caused by natural disasters and plant pests, except for the cases specified in Clause 1 of this Article:

a) Responsibility of commune-level People's Committees

Chairpersons of commune-level People's Committees shall establish inspection teams to coordinate with production establishments in conducting statistics, assessing the extent of damage and reporting to the commune-level People's Committees for settlement.

An inspection team includes the representative of the commune-level People’s Committee, representatives of a number of local socio-political organizations, representatives of villages and residential groups. If necessary, the Chairperson of the commune-level People's Committee shall decide to invite representatives of the district-level People's Committee to participate in the inspection team. The inspection team shall coordinate with the production establishment to organize statistics, assess the extent of damage, and specific support needs and report to the commune-level People's Committee.

The commune-level People's Committee shall synthesize and report to the district-level People's Committee according to the form in the Appendix to this Decree.

b) Responsibility of district-level People's Committees

District-level People's Committees shall, based on the commune-level People’s Committees’ reports, organize assessments and decide on providing support within their competence, or summarize such reports and submit them to the provincial-level People’s Committees using the form provided in the Appendix to this Decree.

c) Responsibility of provincial-level People’s Committees

Specialized agencies in charge of agriculture and rural development under provincial-level People's Committees shall, based on district-level People’s Committees’ reports, appraise and submit to provincial-level People’s Committees for approval and allocation of local budgets and other lawful funding sources for timely support for production restoration in areas suffering damage from natural disasters and plant pests under this Decree.

Article 7. Funding sources and support principles

1. Funding sources

a) State budget.

b) Local budget.

c) Other lawful financial sources as prescribed by law.

2. Principles of providing support from central budget to local budget

a) Localities receiving additional budget balance from the central budget: the central budget supports 80% of the state budget support level as prescribed in Article 5 of this Decree.

b) Localities with the rate of regulating divided revenues to the central budget from 20% or less: the central budget supports 70% of the state budget support level as prescribed in Article 5 of this Decree.

c) Localities with the rate of regulating divided revenues to the central budget from over 20% to 60%: the central budget supports 50% of the state budget support level as prescribed in Article 5 of this Decree.

d) The remaining localities are guaranteed by the local budget.

dd) The rate of regulating divided revenues to the central budget as prescribed at Points a, b, c, d of this Clause is determined according to the National Assembly's Resolution on annual central budget allocation.

3. Other provisions

a) In case the local budget portion guaranteed at Points a, b, c, Clause 2 of this Article exceeds the local resources, including: other lawful financial sources specified at Point c Clause 1 of this Article, 50% of the local budget reserve estimate assigned by the Prime Minister at the beginning of the year and 70% of the beginning balance of the provincial financial reserve fund, the central budget will supplement the difference so that the provinces and cities have enough resources to implement.

b) The central budget shall guarantee support fundings for agencies and units of the people's armed forces engaged in cultivation, forestry, animal husbandry, aquaculture, salt production suffering damages from natural disasters and plant pets at the highest level specified in this Decree.

Chapter III

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 8. Responsibilities of ministries and ministerial-level agencies

1. The Ministry of Agriculture and Rural Development shall:

Assume the prime responsibility for, and coordinate with the Ministry of Finance and relevant ministries and agencies in, urging, inspecting, supervising and handling difficulties arising in the course of implementation of this Decree.

2. The Ministry of Finance shall

a) Based on this Decree and the locality's reports on results of implementation of expenditures from the state budget, the Ministry of Finance shall supplement according to the competence, or submit to the competent authorities to supplement from the annual central budget reserve source to each locality on the support principles specified in Clause 2 Article 7 of this Decree.

b) In case additional resources are needed to promptly support damage caused by natural disasters and plant pests but the dossier has not been fully completed according to regulations, based on the proposal of the provincial-level People's Committee, the Ministry of Finance shall supplement according to its competence or submit to the competent authority to supplement the local budget by 70% of the expected central budget support level so that the locality can ensure resources to implement the support policy for damages caused by natural disasters and plant pests.  After the locality reports the results of implementation of expenditures from the state budget (with confirmation from the State Treasury), the Ministry of Finance shall supplement according to its competence or submit to the competent authority to supplement the localities with the missing support funds or recover the remaining supplemented funds based on the actual support for the subjects according to regulations.

3. The Vietnam Fatherland Front Committees at all levels shall assume the prime responsibility for, and coordinate with socio-political organizations and relevant agencies in, organizing supervision of the support for agricultural production to restore production in areas suffering damage from natural disasters and plant pests.

4. Relevant ministries and ministerial-level agencies shall, based on the functions and tasks, provide support for agricultural production to restore production in areas suffering damage from natural disasters and plant pests under this Decree.

Article 9. Responsibilities of provincial-level People’s Committees

1. Directing the organization of statistics and assessment of damage caused by natural disasters and plant pests, proactively providing support from local budgets and other legal resources to promptly overcome the consequences of natural disasters and plant pests to restore agricultural production in areas suffering damages from natural disasters and plant pests; synthesizing reports, proposing support needs to send to the Ministry of Finance for synthesis, report to the Prime Minister as prescribed by law and taking responsibility for the accuracy of the reported data, and sending reports to the National Civil Defense Steering Committee for general synthesis according to regulations.

2. Directing specialized agencies, district- and commune-level People’s Committees to provide direct supports to production establishments suffering damage from natural disasters and plant pests on the principles specified in Article 3 of this Decree.

3. Based on the ability to balance the budget, other lawful financial sources, production characteristics and actual conditions in the localities, and the law on organization of local administration and the law on the state budget, the provincial-level People’s Committee shall submit to the same-level People’s Councils to make decisions on:

a) Specific support levels for each type of crop, forestry, aquaculture, livestock and salt production specified in Clauses 1, 2, 3, 4, and 5 Article 5 of this Decree.

b) The support level is higher than that prescribed in Clauses 1, 2, 3, 4, 5, Article 5 of this Decree for each type of crop, forestry, aquaculture, livestock and salt production but not exceeding 1.5 times.

c) Support levels for other types of crop, forestry, aquaculture, livestock and salt production other than those specified in Clauses 1, 2, 3, 4, and 5 Article 5 of this Decree.

d) Support for small- and medium-sized enterprises according to the support level prescribed in this Decree.

dd) Use local budgets and other lawful financial sources to support the cases prescribed at Points c, d of this Clause and the difference exceeding the level prescribed in Clauses 1, 2, 3, 4, 5 Article 5 of this Decree.

4. Directing the commune-level and district-level People's Committees to publicize policies and support levels on mass media and at local levels, ensuring direct support to production establishments with damaged cultivation, forestry, livestock, aquaculture, and salt production activities according to regulations. The commune-level People's Committees shall publicize the list of recipients of support money according to regulations.

5. At the end of a natural disaster or plant pest or at the end of the year, reporting to the Ministry of Agriculture and Rural Development, the Ministry of Finance, and the National Civil Defense Steering Committee (for damage caused by natural disasters) on the implementation results according to the form provided in the Appendix to this Decree for synthesis and reporting to the Prime Minister.

6. Chairpersons of the People's Committees of provinces and centrally run cities shall take responsibility before the law, the Government, and the Prime Minister for organizing support for agricultural production to restore production in areas suffering damages from natural disasters or plant pests under their management.

Article 10. Responsibilities of beneficiaries entitled to supports from the state budget

1. Providing sufficient information and data on the damage caused by natural disasters and plant pets at the competent agencies’ requests.

2. Taking responsibility before the law for the accuracy and honesty of the information and data on the damage.

Article 11. Transitional provisions

Damages caused by natural disasters from September 1, 20204, that have not yet been supported under the Government’s Decree No. 02/2017/ND-CP dated January 9, 2017, on the agriculture support mechanisms and policies to restore production in areas suffering damage from natural disasters and epidemics, shall comply with this Decree.

Article 12. Effect

1. This Decree takes effect from February 25, 2025.

2. This Decree replaces the Government’s Decree No. 02/2017/ND-CP dated January 9, 2017, on the agriculture support mechanisms and policies to restore production in areas suffering damage from natural disasters and epidemics.

Provisions on support for animal disease prevention and control shall continue to be implemented under the Government’s Decree No. 02/2017/ND-CP dated January 9, 2017, on the agriculture support mechanisms and policies to restore production in areas suffering damage from natural disasters and epidemics, until there are new regulations of the Government on support for animal disease prevention and control.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally run cities, and related organizations and individuals shall implement this Decree.

* All Appendices are not translated herein.