Decree 112/2024/ND-CP detailing provisions on land for rice cultivation

DECREE

Detailing provisions on land for rice cultivation

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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 Land Law dated January 18, 2024;

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

At the proposal of the Minister of Agriculture and Rural Development;
The Government hereby promulgates the Decree detailing provisions on land for rice cultivation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides regulations on areas planned for high-yield and high-quality rice cultivation; crop and livestock restructuring, construction of facilities directly serving agricultural production on land for rice cultivation; protection and use of the topsoil of land specialized for rice cultivation; payment of an amount of money for the State to supplement the lost areas of land specialized for rice cultivation or improve use efficiency of land for rice cultivation; policies to support localities in production and protection of land for rice cultivation, and policies to support and invest in the construction of infrastructure and application of modern science and technology to the areas planned for high-yield and high-quality rice cultivation.

Article 2. Subjects of application

State agencies, users of land for rice cultivation and other subjects involved in the management and use of land for rice cultivation as prescribed in Article 1 of this Decree.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Land for rice cultivation means land for growing one wet crop or more, or land for rice cultivation in combination with other land use purposes as permitted by law, but mainly for growing rice. Land for rice cultivation includes land specialized for wet cultivation and remaining land for rice cultivation.

a) Land specialized for rice cultivation means land for growing two or more wet-rice crops a year;

b) Remaining land for rice cultivation means land for growing one wet-rice crop a year and land for upland rice cultivation.

2. Contamination of land for rice cultivation means the use or creation or dispersion of hazardous substances and harmful microorganisms, which consequently changes the physical, chemical and biological properties of the land, causing soil pollution and reducing rice yield.

3. Degradation of land for rice cultivation means activities causing erosion, washout, acidification, salinization or sulfate acidification or aridification or hardening of land, which result in fertility decline and nutrient imbalance of land for rice cultivation, consequently reducing rice yield.

4. Crop and livestock restructuring on land for rice cultivation means a form of change from growing rice to growing annual crops; growing rice to growing perennial crops or to growing rice in combination with aquaculture.

5. High yield means the yield calculated at the time of approval of the area planned for high-yield and high-quality rice cultivation, reaching at least the average yield of the 3 previous consecutive years in the area planned for high-yield and high-quality rice cultivation as announced by the local statistical agency. In case within 3 consecutive years there is a rice crop with reduced yield due to natural disasters or epidemics announced by competent authorities, the results of the same crop of the previous year will be used.

6. Facilities directly serving agricultural production mean facilities serving the preliminary processing and preservation of agricultural products; warehouses for agricultural materials, machinery, and labor tools; and display and introduction of agricultural products.

7. Infrastructure serving the area planned for high-yield and high-quality rice cultivation includes transportation and irrigation works.

Article 4. General provisions on performance of administrative procedures

1. Submission of dossiers for administrative procedures: Users of land for rice cultivation shall submit one set of dossier directly or by using postal service or via electronic environment to the single window section of the competent state agency.

2. Receipt and feedback of the validity of dossiers:

a) In cases where dossiers are submitted directly: Competent state agencies shall check and immediately send feedback about the validity of dossiers to users of land for rice cultivation;

b) In cases where dossiers are submitted by using postal service: Within 3 working days from the date of receipt of dossiers, competent state agencies shall check and send feedback about the validity of dossiers to users of land for rice cultivation;

c) In cases where dossiers are submitted via the electronic environment: Within 1 working days from the date of receipt of dossiers, competent state agencies shall check and send feedback about the validity of dossiers to users of land for rice cultivation.

3. Dossiers submitted directly or via postal service shall be considered originals, unless otherwise specified in specific procedure dossiers. Dossiers submitted via the electronic environment shall comply with the Government's Decree No. 45/2020/ND-CP dated April 8, 2020, on performance of administrative procedures in the electronic environment.

4. Methods of returning results: Competent state agencies shall return the results of handling administrative procedures directly at the single window section or via postal service or via the electronic environment.

Chapter II

MANAGEMENT AND USE OF LAND FOR RICE CULTIVATION

Article 5. Areas planned for high-yield and high-quality rice cultivation

1. Areas planned for high-yield and high-quality rice cultivation must meet the following criteria:

a) Belonging to an area specialized for rice cultivation, in accordance with the provincial-level land use master plan or district-level land use master plan approved by the competent authority;

b) Having irrigation system activated or planned for proactive irrigation, water supply and drainage, and natural disaster prevention and control;

c) Having convenient intra-field traffic system or planned intra-field traffic serving rice cultivation and production;

d) Having high yield.

2. Provincial-level People’s Committees shall approve areas planned for high-yield and high-quality rice cultivation according to the criteria specified in Clause 1 of this Article.

Article 6. Regulations on crop and livestock restructuring on land for rice cultivation

1. Principles for crop and livestock restructuring on land for rice cultivation

a) In compliance with provisions of Clause 1 Article 56 of the 2018 Law on Crop Production;

b) Only restructuring crops and livestock on land for rice cultivation to perennial crops for the remaining land for rice cultivation;

c) Not restructuring crops and livestock on land for rice cultivation in areas planned for high-yield and high-quality rice cultivation;

b) In compliance with the plan for crop and livestock restructuring on land for rice cultivation issued by the competent authority;

dd) Not causing contamination or degradation of land for rice cultivation; not damaging traffic works, irrigation works, dikes or facilities directly serving rice cultivation and production;

e) Refraining from affecting the cultivation in adjacent land areas for rice cultivation.

2. In case of change from growing rice to growing rice in combination with aquaculture, a maximum of 20% of the land area for rice cultivation can be used to lower terrain for aquaculture to a depth of no more than 120 centimeters from the field terrain.

3. District-level People’s Committees shall decide on the type of perennial crops permitted to changed, ensuring compliant with actual conditions of their localities.

4. Land for rice cultivation after crop and livestock restructuring as prescribed in this Decree shall be counted as land for rice cultivation.

Article 7. Plans for crop and livestock restructuring on land for rice cultivation

1. Provincial-level People’s Committees shall, based on provincial master plans and plans for land use approved by competent authorities as prescribed by law, district-level People’s Committees’ proposals and recommendations of provincial-level specialized agencies in charge of agriculture, issue plans for crop and livestock restructuring on land for rice cultivation for their provinces, using the form provided in Appendix I to this Decree. Such plans shall be issued before November 30 of the year preceding the planning year.

2. District-level People’s Committees shall, based on plans for crop and livestock restructuring on land for rice cultivation approved by provincial-level People’s Committees, commune-level People’s Committees’ proposals and recommendations of district-level specialized agencies in charge of agriculture, issue plans for crop and livestock restructuring on land for rice cultivation for their districts, using the form provided in Appendix II to this Decree. Such plans shall be issued before December 15 of the year preceding the planning year.

3. Commune-level People's Committees shall, based on the plans for crop and livestock restructuring approved by district-level People’s Committees, and the needs for restructuring of users of land for rice cultivation, issue restructuring plans for their communes, using the form provided in Appendix III to this Decree. Such plans shall be issued before December 30 of the year preceding the planning year.

Article 8. Dossiers and procedures for crop and livestock restructuring on land for rice cultivation

1. User of land for rice cultivation who wishes to change to grow perennial crops, growing rice in combination with aquaculture shall send a registration form for crop and livestock restructuring on land for rice cultivation (hereinafter referred to as the registration form) to the commune-level People's Committee, using the form provided in Appendix IV to this Decree.

2. Within 5 working days from the date of receiving a valid registration form for crop and livestock restructuring on land for rice cultivation, the commune-level People's Committee shall review the consistency between the registration form and the commune-level annual plan for crop and livestock restructuring on land for rice cultivation.

a) In case where the registration form is consistent with the commune-level annual plan for crop and livestock restructuring on land for rice cultivation, the commune-level People’s Committee shall issue a written approval to permit the restructuring according to the form provided in Appendix V to this Decree, and send it to the registrant;

b) In case where the registration form is inconsistent with the commune-level annual plan for crop and livestock restructuring on land for rice cultivation, the commune-level People’s Committee shall issue a written notification according to the form provided in Appendix VI to this Decree to the registrant.

Article 9. Construction of facilities directly serving agricultural production on land for rice cultivation

1. Provincial-level People’s Committees shall provide regulations on the area, location, and use purposes of facilities directly serving agricultural production on land for rice cultivation, provided that the following conditions are satisfied:

a) Not affecting irrigation works, dikes, intra-field traffic or adjacent area for rice cultivation;

b) Facilities are only allowed to be built with 1 floor, without basement;

c) Areas for rice cultivation where the facilities are permitted to be located must be concentrated, with a minimum area of 50 ha;

dd) Facilities serving the purposes specified in Clause 6 Article 3 of this Decree.

2. The construction of facilities directly serving agricultural production on land for rice cultivation shall comply with the law on construction and relevant laws.

3. Land areas where the facilities are built as prescribed in this Article are not required to change the use purposes, and are still counted as land for rice cultivation.

Article 10. Regulations on unsticking and separation and use of the topsoil upon construction of facilities on land changed from land specialized for rice cultivation to land for non-agriculture purpose

1. When a person, who is allocated or leased land changed from land specialized for rice cultivation to non-agricultural land by the State, builds a facility on such land, he/she must prepare a plan for use of the topsoil which is approved by the competent state agency.

2. The plan for use of the topsoil must contain the following information:

a) Information about the person allocated or leased land by the State, who requests the change of use purpose of the land specialized for rice cultivation;

b) Information about the area of the land specialized for rice cultivation of which the use purpose is requested for change;

c) Volume of topsoil after unsticking and separation;

d) Plan, location and purpose of using the unstuck and separated topsoil volume.

3. The minimum thickness of the topsoil to be unstuck and separated is 20 centimeters measured from the field terrain.

4. The plan for use of the topsoil shall be approved as a component of the dossier for change from land for rice cultivation to land for non-agriculture purpose.

Article 11. Dossiers and procedures for appraisal of plans for use of the topsoil

1. The person allocated or leased land by the State, who wishes to built a facility on the land changed from land specialized for rice cultivation to non-agricultural land, shall submit a dossier to the district-level People’s Committee or provincial-level People’s Committee (for a facility on land area specialized for rice cultivation that is located on 2 districts or more). Such a dossier must comprise:

a) An application form for appraisal of the plan for use of the topsoil, made according to the form provided in Appendix VII to this Decree;

b) A plan for use of the topsoil, made according to the form provided in Appendix VIII to this Decree;

c) Diagram describing the location of the topsoil volume after unsticking and separation.

2. Within 15 days from the date of receiving the valid dossier, the provincial-level People’s Committee or district-level People’s Committee shall organize the appraisal of the plan for use of the topsoil.

3. Within 5 days from the date on which the appraisal result is available, the provincial-level People’s Committee or district-level People’s Committee shall issue a written approval of the plan for use of the topsoil according to the form provided in Appendix IX to this Decree, or issue a written disapproval according to the form provided in Appendix X to this Decree, and send it to the person allocated or leased land by the State.

Article 12. Regulations on payment of an amount of money for the State to supplement the lost areas of land specialized for rice cultivation or improve use efficiency of land for rice cultivation

1. The person allocated or leased land specialized for rice cultivation by the State for use for non-agriculture purpose shall pay an amount of money for the State to supplement the lost areas of land specialized for rice cultivation or improve use efficiency of land for rice cultivation, except for facilities or projects using public investment fund or non-public State investment fund as prescribed by the law on public investment and the law on construction.   The provincial-level People’s Committee shall decide on the specific payable level which must not be 50% lower than the amount of money calculated by multiplying the area of land specialized for rice cultivation to be used for non-agricultural purpose by the price of land for rice cultivation in the land price list applicable at the time of land use change.

2. The payment specified in Clause 1 of this Article shall be carried out after the competent state agency's decision on land allocation or lease is issued.

Article 13. Order and procedures for payment of an amount of money for the State to supplement the lost areas of land specialized for rice cultivation or improve use efficiency of land for rice cultivation

1. The person allocated or leased land by the State for use for non-agriculture purpose shall, within 7 working days from the date of receiving the land allocation or lease decision from the competent state agency, send the declaration of land area specialized for rice cultivation to the district-level or provincial-level (for facilities on land areas specialized for rice cultivation located on 2 districts or more) natural resource and environment agency to request the determination of the land area specialized for rice cultivation for which the payment must be made, using the form provided in Appendix XI to this Decree.

Within 7 working days from the date of receiving the valid declaration, the natural resources and environment agency shall appraise the declaration and issue a document certifying the land area specialized for rice cultivation for which the payment must be made, using the form provided in Appendix XII to this Decree, and send it to the finance agency of the same level for determining the payable amount.

2. Within 5 working days, the finance agency of the same level shall, based on the document certifying the land area specialized for rice cultivation of the natural resources and environment agency, price list of the land for rice cultivation at the time of land use change as defined by the provincial-level People’s Committee, determine the payable amount according to the form provided in Appendix XIII to this Decree, and send it to the natural resources and environment agency and the person who is allocated or leased land by the State.

3. Within 30 days, the person who is allocated or leased land by the State shall make payment at the treasury agency as notified by the finance agency.

4. Past the period of 30 days from the issuance of the finance agency's written notification, if the person allocated or leased land by the State fails to make payment or fails to make full payment for the State to supplement the lost areas of land specialized for rice cultivation or improve use efficiency of land for rice cultivation, he/she must pay and additional late payment interest. Late payment interest and late payment period shall be calculated as follows:

a) The late payment interest is equal to 0.03%/day calculated on the amount payable to the State to supplement the lost areas of land specialized for rice cultivation or improve use efficiency of land for rice cultivation, which is paid after schedule;

b) The late payment period shall be calculated continuously from the day following the date of late payment interest to the day immediately preceding the date the amount is paid to the State budget;

c) The payer shall determine the late payment interest himself/herself in accordance with Points a and b of this Clause, and remit it to the State budget according to regulations. The payer shall be exempted from late payment interest in case of force majeure events, such as material damage due to natural disasters, catastrophes, epidemics, fires, and unexpected accidents.

Chapter III

POLICIES TO SUPPORT PROTECTION OF LAND FOR RICE CULTIVATION; POLICIES TO SUPPORT AND INVEST IN THE CONSTRUCTION OF INFRASTRUCTURE AND APPLICATION OF MODERN SCIENCE AND TECHNOLOGY TO THE AREAS PLANNED FOR HIGH-YIELD AND HIGH-QUALITY RICE CULTIVATION

Article 14. Support for rice-producing localities

1. The State budget provides a support for rice production as follows:

a) VND 1,500,000/ha/year, for land specialized for rice cultivation;

b) VND 750,000/ha/year, for remaining land for rice cultivation other than land for upland rice cultivation which is spontaneously expanded not under master plans and plans on use of land for rice cultivation;

a) Addition support of VND 1,500,000/ha/year, for land specialized for rice cultivation in areas planned for high-yield and high-quality rice cultivation.

2. Areas of land for rice cultivation eligible for support specified at Points a and b Clause 1 of this Article shall be determined based on provinces’ and centrally run cities’ land statistics of the year preceding the first year of the budget stabilization period announced by the Ministry of Natural Resources and Environment. For the budget allocated for 2025, it shall be determined based on provinces’ and centrally run cities’ land statistics of 2023 announced by the Ministry of Natural Resources and Environment.

3. Areas of land for rice cultivation eligible for support specified at Point c Clause 1 of this Article shall be determined by the provincial-level People’s Committee according to Clause 2 Article 5 of this Decree, and announcement of the year preceding the first year of the budget stabilization period.

4. For the years in the budget stabilization period, the support mechanism from central budget to local budget for policies specified in Clause 1 Article 14 of this Decree shall apply the principle of support from central budget to local budget to implement social security policies issued by the central government for each period.

5. The provincial-level People’s Committee shall manage and allocate supported funds to protect land for rice cultivation as prescribed.

Article 15. Use of supported funds

1. The use of funds collected from persons who are allocated or leased land specialized for rice cultivation for use for non-agriculture purpose as prescribed in Clause 1 of Article 12, and funds from the State budget's support for rice production in the local budget balance estimate as prescribed in Clause 1 Article 14 of this Decree, shall be prepared and submitted by the provincial-level People's Committee to the People's Council of the same level, on the basis of actual conditions of the locality, specific decision on the principle, scope and level of support, and the use of funds for operations specified in Clause 2 of this Article.

2. Funds specified in Clause 1 of this Article shall be used to cover the following operations:

a) Supporting users of land for rice cultivation to use legal rice varieties for production; apply production processes, technical advances, and technologies recognized by competent state agencies; build demonstration models; conduct agricultural extension activities; organize training, coaching, and joint production and sale of products;

b) Improving the quality of land for rice cultivation;

c) Assessing physical and chemical properties; developing agrochemical soil maps for land areas specialized for rice cultivation every 5 years;

d) Repairing and maintaining agricultural and rural infrastructure works in communes;

dd) Supporting the purchase of copyrights for protected rice varieties.

Article 16. Policies to support and invest in infrastructure and application of modern science and technology to the areas planned for high-yield and high-quality rice cultivation

1. The State invests in infrastructure development

The targeted additional central budget for localities is implemented in accordance with the principles, criteria and norms for allocating public investment capital from the state budget in each medium-term period issued by competent authorities, in which priority is given to investment in irrigation and traffic works in the areas planned for high-yield and high-quality rice cultivation; the process and procedures are implemented in accordance with the law on public investment.

2. Support for enterprises

a) Enterprises are entitled to a maximum support of 100% of funds for investing in construction of irrigation and traffic works in the areas planned for high-yield and high-quality rice cultivation.

b) Projects applying certified greenhouse gas emission reduction rice production processes; projects applying circular economic models; certified organic production projects; projects linking rice production along the value chain.

c) Projects for processing food products; projects for manufacturing biological products, processing raw materials and high-tech products from rice and rice by-products that meet provisions of the law on high technology.

d) Projects specified at Point b that have an area of ​​500 hectares or more; projects specified at Point c that have a total investment of VND 30 billion or more, shall be entitled to a support from the state budget at a maximum of 40% but not exceeding VND 15 billion/project for purchasing production lines, equipment, technology, and technology copyright.

dd) Funds, subjects, support processes, order and procedures for providing support shall comply with the Government's regulations on policies to encourage enterprises to invest in agriculture and rural areas.

e) Funds and support procedures for foreign-invested economic organizations shall comply with specialized laws.

3. Support for cooperatives and unions of cooperatives

a) Investment projects to develop infrastructure in areas planned for high-yield and high-quality rice cultivation are entitled to the State policies according to the Government's regulations detailing the implementation of a number of articles of the Law on Cooperatives.

b) Cooperatives and cooperative unions link up to implement one of the following projects in areas planned for high-yield and high-quality rice cultivation: Projects applying certified greenhouse gas emission reduction rice production processes; certified organic production projects; projects linking rice production along the value chain.

c) Projects for production and processing of food and food products; projects for production of biological products, processing of raw materials for high-tech products from rice and by-products from rice.

d) Projects specified at Point b that have an area of ​​100 hectares or more, projects specified at Point c, are entitled to a support from the State with a maximum of 100% of the investment capital for project infrastructure construction costs, costs for purchase of production lines, equipment, technology, and technology copyrights, but not exceeding VND 5 billion/project.

dd) Forms of support, support levels, regulations on support from public investment capital, procedures for synthesizing support needs, methods of providing support, and post-investment management mechanisms shall comply with the Law on Cooperatives and documents guiding the implementation of the Law on Cooperatives regarding policies to support investment in developing infrastructure and equipment.

4. Projects specified in Clauses 2 and 3 of this Article shall be entitled to an one-off support from the State. In case where a project or its item has been supported from the State budget in accordance with this Decree, it shall not be entitled to any State budget support in accordance with other laws and vice versa.

Article 17. Funds for investment and formulation, compliance and final settlement of funds for implementation of policies

1. The State budget (including central and local budgets), according to the current budget decentralization, shall

a) Use regular funds for policies specified in Clause 2 Article 15 of this Decree.

b) Use public investment capital for policies specified in Clauses 1, 2 and 3 Article 16 of this Decree.

2. Other lawfully-mobilized funds as prescribed by law.

3. The preparation, implementation of estimates, and final settlement of expenses for implementing policies in this Decree shall comply with the Law on the State Budget, Law on Public Investment and their guiding documents.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 18. Effect

1. This Decree takes effect from the date of its signing.

2. The following provisions and Decrees shall cease to be effective from the effective date of this Decree:

a) The Government’s Decree No. 35/2015/ND-CP dated April 13, 2015, on management and use of land for rice cultivation;

b) The Government’s Decree No. 62/2019/ND-CP dated July 11, 2019, amending and supplementing a number of articles of the Government’s Decree No. 35/2015/ND-CP of April 13, 2015, on the management and use of land for rice cultivation;

c) Articles 13 and 14 of the Government’s Decree No. 94/2019/ND-CP dated December 13, 2019, detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation.

Article 19. Transitional provisions

1. Policies on support for rice-producing localities and persons specified in Clauses 2 and 4 Article 7 of the Government’s Decree No. 35/2015/ND-CP dated April 13, 2015, on management and use of land for rice cultivation; policies on use of funds specified in Article 8 of the Government’s Decree No. 35/2015/ND-CP dated April 13, 2015, on management and use of land for rice cultivation (amended and supplemented under Clause 4 Article 1 of Decree No. 62/2019/ND-CP), shall continue to be applied until the end of December 31, 2024.

2. In case where the plans for use of the topsoil of facilities and projects have been submitted to the competent State agencies for appraisal, or have been approved for change from land specialized for rice cultivation to land for non-agriculture purpose before the effective date of this Decree, provisions of the Government's Decree No. 94/2019/ND-CP dated December 13, 2019, detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation, shall continue be complied with.

3. In case of crop restructuring on land specialized for rice cultivation, if the plan for restructuring annual crops is approved, or the restructuring is permitted by the competent authority before the effective date of this Decree, provisions of the Government's Decree No. 94/2019/ND-CP dated December 13, 2019, detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation, shall continue to be complied with.

Article 20. Responsibility for implementation

1. The Ministry of Agriculture and Rural Development shall:

a) Inspect and monitor the crop and livestock restructuring on land for rice cultivation prescribed in this Decree;

b) Summarize the results of assessing physical and chemical properties; agrochemical soil maps for land areas specialized for rice cultivation of provinces nationwide;

c) Provide guidance and conduct inspection of the implementation of this Decree.

2. The Finance Ministry shall:

Balance and arrange the central budget for regular expenditure to support rice-producing localities in accordance with Clause 1 and Clause 4 Article 14 of this Decree.

3. The Ministry of Planning and Investment shall:

Assume the prime responsibility for balancing and allocating central budget's medium-term public investment capital additionally targeted for localities in each medium-term period to support rice-producing localities in areas planned for high-yield and high-quality rice cultivation in accordance with this Decree and law on public investment.

4. People's Committees of provinces and centrally run cities shall:

a) Perform the management and use of land for rice cultivation in localities in accordance with this Decree and other relevant legal documents; balance and allocate medium-term public investment capital from the state budget to implement support policies in the areas planned for high-yield and high-quality rice cultivation as prescribed by this Decree;

b) Organize the public announcement and strict management of approved master plans and plans for use of land for rice cultivation;

c) Approve areas planned for high-yield and high-quality rice cultivation in localities;

d) Organize the construction and implementation of plans for crop and livestock restructuring on land for rice cultivation in localities in accordance with this Decree;

dd) Manage and provide regulations on construction of facilities directly serving agricultural production on land for rice cultivation;

e) Direct specialized agencies and district-level People's Committees to appraise, examine and inspect activities carried out under competence specified in this Decree;

g) Direct and provide guidance for specialized agencies to carry out assessment and announcement of physical and chemical properties; develop agrochemical soil maps and improvement of land for rice cultivation;

h) Before December 20 every year, send a report on results of crop and livestock restructuring made according to the form provided in Appendix XIV to this Decree to the Ministry of Agriculture and Rural Development.

5. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree./.

* All Appendices are not translated herein.