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 supplementa 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.

3. To add the following Article 5a:

“Article 5a. Procedures for payment of a levy for protection of land for rice cultivation when changing from land exclusively for wet rice cultivation to land for non-agricultural purposes

1. The payment of a levy for protection of land for rice cultivation under Clauses 2, 3, 4 of this Article shall be carried out as a component of a dossier of request for approval of change from land exclusively for wet rice cultivation to land for non-agricultural purposes in accordance with the Land Law.

2. A person allocated or leased land by the State shall make a written declaration of land area exclusively for wet rice cultivation allocated or leased by the State according to the form provided in Appendix III to this Decree, then send it to the local natural resources and environment agency for determination of the land area exclusively for wet rice cultivation for which the levy for protection and development of land for rice cultivation must be paid.

a/ In case the written declaration is invalid, within 3 working days, the natural resources and environment agency shall guide the person allocated or leased land by the State to supplement, finalize and submit the written declaration once again.

b/ In case the written declaration is valid, within 5 working days, the natural resources and environment agency shall issue a document to clearly certify the land area exclusively for wet rice cultivation for which the levy for protection and development of land for rice cultivation must be paid, and send it to the person allocated or leased land by the State for determination of the payable levy.

3. A person allocated or leased land by the State shall send a dossier to the local finance agency for determination of the payable levy for protection and development of land for rice cultivation. Such dossier must comprise a written request for certification of the payable levy, made according to the form provided in Appendix VI (for agencies and organizations) or Appendix V (for households and individuals) to this Decree; a document issued by the natural resources and environment agency to certify the land area exclusively for wet rice cultivation for which the levy for protection and development of land for rice cultivation must be paid.

a/ In case the dossier is invalid, within 3 working days, the local finance agency shall guide the person allocated or leased land by the State to supplement, finalize and submit the dossier once again.

b/ Within 5 working days, the local finance agency shall, based on the document issued by the natural resources and environment agency to certify the land area exclusively for wet rice cultivation for which the levy must be paid, determine the payable levy for the land area exclusively for wet rice cultivation and send a notice to the person allocated or leased land by the State, made according to the form provided in Appendix VI to this Decree.

4. Local finance agencies shall collect amounts of levy for protection and development of land for rice cultivation and remit them into the state budget in accordance with law. Past the time limit for remittance as stated in official letters of local finance agencies, persons allocated or leased land by the State shall pay a late-payment interest in accordance with the law on tax administration”.

4. To amend and supplement Article 8 as follows:

“Article8.Use of support funds

People’s Committees at all levels shall use levy amounts paid by persons who are allocated or leased land exclusively for wet rice cultivation by the State and use such land for non-agricultural purposes and support funds specified in Clause 2, Article 7 of this Decree for protection and development of land for rice cultivation. Depending on their practical conditions, localities shall decide to:

1. Provide support to rice farmers

To use at least 50% of support funds for rice farmers to apply new rice varieties, technical advances and new technologies to the rice production and to support associated production and product sale.

2. Use the remaining funds for:

a/ Analyzing chemical and physical properties of land areas exclusively for cultivating high-yield and high-quality wet rice every decade for effective land use and application of appropriate soil improvement  measures.

b/ Raising the quality of land areas exclusively for wet rice cultivation or remaining land areas for wet rice cultivation: increasing the thickness of cultivation soil layers; raising low and hollow land areas for rice cultivation; increasing the flatness of rice fields; de-acidifying or desalinizing sulfated or saline soil and take other soil improvement measures.

c/ Building, repairing and maintaining agricultural and rural infrastructure facilities in communes, prioritizing investment in transport and irrigation systems on land for rice cultivation.

d/ Reclaiming and restoring unused land areas into those exclusively for wet rice cultivation or remaining land areas for wet rice cultivation.”

5. To amend Clause 2, Article 9 as follows:

“2. To direct, inspect and supervise the crop restructuring on land for rice cultivation in localities.”

6. To add the following Clause 5, Article 10:

“5. To annually share information and database on baseline surveys of agricultural land and database on agricultural land statistics and inventory with the Ministry of Agriculture and Rural Development.”

7. To amend Clauses 4 and 6, Article 13 as follows:

“4.To determine annual crops, perennial plants or aquatic species suitable for crop restructuring on land for rice cultivation in their localities in accordance with this Decree. To direct specialized agencies in planning and implementing the crop restructuring on land for rice cultivation in their localities.

6. Before December 31 every year, to report on the management and use of land for rice cultivation in their localities to the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development; to send a report on results of the crop restructuring in their localities, made according to the form provided in Appendix VII to this Decree, to the Ministry of Agriculture and Rural Development; to report on the allocation and use of funds for protection and development of land for rice cultivation to provincial-level People’s Councils.”

8. To amend Clause 2, Article 13 as follows:

“2. To publicly announce and strictly manage their approved local master plans and plans on use of land for rice cultivation; to determine boundaries and make maps of land areas exclusively for rice cultivation and areas exclusively for cultivating high-yield and high-quality wet rice. To direct natural resources and environment agencies to determine land areas exclusively for wet rice cultivation to be used for non-agricultural purposes (if any) for use as a basis for determining levy amounts payable for protection and development of land for rice cultivation which must be remitted into the state budget.”

9. To add the following Clause 13a:

“Article 13a. District-level People’s Committees

1. To formulate and promulgate district-level plans on crop restructuring on land for rice cultivation based on provincial-level crop restructuring plans.

2. To guide, inspect and supervise the crop restructuring on land for rice cultivation in their districts.

3. Before December 15 every year, to summarize and send a report on results of the crop restructuring on land for rice cultivation, made according to the form provided in Appendix VII to this Decree, to provincial-level People’s Committees (cultivation management agencies).”

10. To add the following Article 13b:

“Article 13b. Commune-level People’s Committees

1. To formulate commune-level plans on crop restructuring on land for rice cultivation based on district-level crop restructuring plans according to the form provided in Appendix VIII to this Decree; to collect opinions of related households and individuals to determine land areas subject to restructuring; to publicize plans on crop restructuring on land for rice cultivation at head offices of commune-level People’s Committees within 60 days in the fourth quarter of the previous year.

2. To receive and process written registrations of crop restructuring; to make monitoring books of crop restructuring on land for rice cultivation.

3. To disseminate, guide, inspect and supervise the crop restructuring on land for rice cultivation by organizations, households and individuals in their localities.

4. Before November 30 every year, to summarize and send a report on results of the crop restructuring on land for rice cultivation, made according to the form provided in Appendix VII to this Decree, to district-level People’s Committees.”

Article 2.Effect

1. This Decree takes effect on September 1, 2019.

2. To annul Clause 4, Article 4 of the Government’s Decree No. 35/2015/ND-CP of April 13, 2015, on the management and use of land for rice cultivation.

3. To annul Clause 7, Article 14 of Decree No. 43/2014/ND-CP of May 15, 2014, detailing a number of articles of the Land Law, which was supplemented under Clause 11, Article 2 of the Government’s Decree No. 01/2017/ND-CP of January 6, 2017, amending and supplementing a number of the decrees detailing the Land Law.

4. To annul Circular No. 19/2016/TT-BNNPTNT of June 27, 2016, guiding in detail Article 4 of the Government’s Decree No. 35/2015/ND-CP of April 13, 2015, on the management and use of land for rice cultivation; Circular No. 19/2017/TT-BNNPTNT of November 9, 2017, amending and supplementing a number of articles of Circular No. 19/2016/TT-BNNPTNT of June 27, 2016, guiding in detail Article 4 of Decree No. 35/2015/ND-CP of April 13, 2015, on the management and use of land for rice cultivation, and guiding the crop restructuring from cultivating rice to annual crops or perennial plants or to rice cultivation in combination with aquaculture under the Government’s Decree No. 01/2017/ND-CP of January 6, 2017, amending and supplementing a number of the decrees detailing the Land Law.

Article 3.Transitional provisions

The use of support funds for the activities specified in Article 8 of the Government’s Decree No. 35/2015/ND-CP of April 13, 2015, on the management and use of land for rice cultivation, before the effective date of this Decree must continue to comply with approved plans.

Article 4.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

*All appendices to this Decree are not translated.