Decree No. 62/2019/ND-CP amending the Decree No. 35/2015/ND-CP

DECREE

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^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 29, 2013 Land Law;

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

The Government promulgates the Decree amending and supplementing a number of articles of Decree No. 35/2015/ND-CP of April 13, 2015, on the management and use of land for rice cultivation.

Article 1. To amend and supplement 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

1. To amend and supplement Clause 1, Article 4 as follows:

“1. Conditions for change from cultivating rice to annual crops or perennial plants or to cultivating rice in combination with aquaculture:

a/ Not to do away with conditions suitable for cultivating rice in the future, not to cause pollution or degradation of land for rice cultivation; not to damage transport and irrigation works serving rice cultivation;

b/ To conform with commune-level plans on crop restructuring from rice cultivation to annual crop or perennial plant cultivation or to rice cultivation combined with aquaculture on land for rice cultivation (below referred to as plans on plant restructuring on land for rice cultivation), ensuring publicity and transparency;

c/ To ensure that crop restructuring from rice cultivation to perennial plant cultivation is carried out based on zones and to form concentrated production zones and effectively exploit existing infrastructure facilities; to conform with the orientations for completing infrastructure facilities to serve agricultural production in localities;

d/ For rice cultivation combined with aquaculture, to permit the use of up to 20% of the existing rice cultivation land area for aquaculture provided that the land elevation for aquaculture is lowered by no more than 120 cm and can be restored for rice cultivation when necessary.”

2. To add the following Article 4a:

“Article 4a. Procedures for registering the crop restructuring on land for rice cultivation

1. An entity that wishes to restructure crops on land for rice cultivation shall send 1 written registration to the commune-level People’s Committee, made according to the form provided in Appendix I to this Decree. Eligible entities include:

a/ Domestic agencies, organizations, households and individuals and foreign organizations and individuals that use lawful land for rice cultivation (land users) and wish to change from cultivating rice to annual crops or to rice cultivation in combination with aquaculture;

b/ Domestic households and individuals that use lawful land for rice cultivation and wish to change from cultivating rice to perennial plants.

2. In case the written registration for crop restructuring on land for rice cultivation is invalid, within 3 working days, the commune-level People’s Committee shall guide the land user to revise and supplement it.

3. In case the written registration for crop restructuring on land for rice cultivation is valid and conformable with the commune-level People’s Committee’s plan on crop restructuring on land for rice cultivation, within 5 working days, the commune-level People’s Committee shall give an “approval of crop restructuring”, append a seal on the written registration, record the registration in a book and return it to the land user.

4. In case of disapproval, the commune-level People’s Committee shall issue a notice, made writing according to the form provided in Appendix II to this Decree.