Circular No. 27/2011/TT-BNNPTNT dated April 13, 2011 of the Ministry of Agriculture and Rural Development providing for criteria and procedures of issuing certificate of farm economy

CIRCULAR

PROVIDING FOR CRITERIA AND PROCEDURES OF ISSUING CERTIFICATE OF FARM ECONOMY

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

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 forAgriculture 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

1. Individuals, households who have production operations of agriculture, forestry and aquaculturesatisfyingthe criteria for determination of farm economy according to provisions of this Circular;

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.

Article 4. Rights and obligations of farm owners

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 aquacultureattain 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.

b) Goods output value achieving 700 million dong/year.

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

1. Application for issuance of farm economyCertificate is conducted following the standard form as provided in Annex II issuing together with this Circular;

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 economyCertificate 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 economyCertificate 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.

Article 10. Orders of issuance, alteration of farm economy Certificate

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.

5. If after 13 working days, since date of receipt of full and regular dossier but applicant have still not received farm economy Certificate or notification of non-issuance, non-alteration of farm economy Certificate, the applicant has the right to complain under regulations on complain and denunciation.

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 Certificateimplemented 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 economyCertificate 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.

Chapter IV

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

1. The farm economy Certificates which were issued according to old criteria shall be invalid since the effective date of this Circular. The farms who have demand for farm economy Certificate must conduct procedures of request for new certificate issuing according to provisions of this Circular.

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./.