Decree No. 83/2018/ND-CP dated May 24, 2018 of the Government on agricultural extension

DECREE

On agricultural extension^[1]

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

Pursuant to the June 19, 2017 Law on Technology Transfer;

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

The Government promulgates the Decree on agricultural extension.

Article 1.Scope of regulation and subjects of application

1. Scope of regulation

This Decree prescribes forms, methods and eligible subjects of, and policies on, agricultural extension and technology transfer in agriculture referred to in Clause 4, Article 52 of the Law on Technology Transfer.

2. Subjects of application

This Decree applies to organizations and individuals related to agricultural extension and technology transfer activities in agriculture in Vietnam.

3. Agricultural extension and technology transfer activities in agriculture related to international programs, projects or treaties to which Vietnam is a contracting party or has acceded must comply with such international programs, projects or treaties.

Article 2.Interpretation of terms

1. Agricultural extension means the transfer of technical advances, sharing of information and knowledge and provision of training in farming skills to farmers so as to raise agricultural production and business capacity and efficiency, protect the environment and build a new countryside.

2. Special methods of technology transfer in agriculture include training, refresher training, demonstration model and information sharing as specified in Articles 6, 7 and 8 of this Decree.

3. Special forms of technology transfer in agriculture shall be implemented under agricultural extension programs, projects and plans, technology transfer programs and plans approved by competent authorities in accordance with this Decree and relevant legal documents.

4. Technology transferor in agriculture means an organization or individual engaged in agricultural extension or technology transfer in agriculture defined in Clause 1, Article 5 of this Decree.

5. Technology transferee in agriculture means an organization or individual receiving a transferred technology defined in Clause 2, Article 5 of this Decree.

6. Agricultural extension program means a group of agricultural extension projects and tasks to serve agriculture and rural development objectives of sectors and localities in each period, including the program name, overall objectives, names of agricultural extension projects and tasks to implement the program; implementation locations; projected results.

7. Central agricultural extension project means a group of agricultural extension activities to implement the central agricultural extension program for 1 to 5 years, including name of the project, objectives; specific activities; implementation locations; implementation period; projected results.

8. Local agricultural extension plan means a plan on activities and estimated funds for agricultural extension tasks and activities to implement local agricultural extension programs.

9. Demonstration model (below referred to as model) means one content of an agricultural extension program, project or plan to apply technical and managerial advances on an appropriate scale as a prototype for multiplication.

10. Techno-economic norm for agricultural extension means targets demonstrated in value or objects to be used to implement agricultural extension activities.

11. Public-private partnership in agricultural extension activities (below referred to as PPP) means the cooperation between the State and organizations and individuals in investing in and implementing agricultural extension activities to serve agricultural and rural development.

Article 3.Objectives of agricultural extension

1. To raise production and business efficiency of organizations and individuals engaged in agriculture in order to increase their incomes, alleviate poverty and get rich, adapt to ecological, climate and market conditions through agricultural extension contents, forms and modes.

2. To contribute to restructuring the agricultural economy toward commodity production, higher productivity and quality and food hygiene and safety, meeting domestic consumption and export demands; to accelerate the agricultural restructuring to increase added value and ensure sustainable development associated with building of a new countryside; to improve the disaster resilience capacity; to ensure national food security, socio-economic stability and environmental protection.

3. To mobilize resources from domestic and foreign organizations and individuals to participate in technology transfer in agriculture.

Article 4.Principles for agricultural extension activities

1. To stem from production and market demands and the State’s orientations for agricultural development.

2. To promote the initiative, active and voluntary role and accountability of organizations and individuals engaged in agricultural extension.

3. To exercise democracy and publicity with community oversight and the State’s management.

4. To ensure that agricultural extension contents, forms and modes are suitable to each locality and target groups of farmers and different ethnic communities.

5. Technical advances and transferred technologies must be recognized or approved by competent authorities.

6. To ensure close coordination between managerial bodies, scientific research institutions, enterprises and farmers as well as among farmers.

7. To socialize agricultural extension activities and diversify agricultural extension services so as to mobilize resources from domestic and foreign organizations and individuals for agricultural extension activities.

8. To prioritize agricultural extension activities in difficulty-hit and extreme difficulty-hit localities.

9. To prioritize women, ethnic minority people and organizations with the high percentage of female or ethnic minority members to participate in agricultural extension.

Article 5.Technology transferors and transferees in agriculture

1. Technology transferors in agriculture

a/ Organizations and individuals of the system of specialized state agricultural extension organizations established by competent authorities and operating in accordance with law;

b/ Organizations and individuals engaged in research, training and transfer with the functions and tasks relating to agricultural extension and technology transfer in agriculture;

c/ Other agricultural extension organizations include political organizations, socio-political organizations, economic organizations, socio-professional organizations and other domestic and foreign organizations and individuals participating in agricultural extension and technology transfer in agriculture in the Vietnamese territory.

2. Technology transferees in agriculture

a/ Farmers, farm owners, members of cooperation groups or cooperatives and other individuals engaged in agricultural production and business activities;

b/ Associated groups, cooperation groups, cooperatives, enterprises and other organizations engaged in agricultural production and business activities.

Chapter II

AGRICULTURAL EXTENSION  CONTENTS AND METHODS

Article 6.Training and refresher training

1. Contents of training and refresher training

a/ Training and refresher training to improve professional skills, agricultural extension methods and skills of, and provision of knowledge about policies and laws to, technology transferors specified in Clause 1, Article 5 of this Decree;

b/ Refresher training in production techniques, management of agricultural production and business of, and provision of knowledge about policies, laws, markets, and prevention and mitigation of damage caused by natural disasters and pests to, technology transferees specified in Clause 2, Article 5 of this Decree.

2. Implementation methods

a/ Short-term courses combining theory with practice;

b/ Field classes;

c/ Distance training on radio and television or agricultural extension websites;

d/ Study tours at home and overseas;

dd/ Other training and refresher training methods provided by current laws.

Article 7.Information communication

1. Specific activities

a/ Disseminating the Party’s guidelines and the State’s policies and laws on agriculture, farmers, rural areas and agricultural extension;

b/ Popularizing production processes, technical advances, efficient and advanced production and business models in agriculture and agricultural extension;

c/ Providing information on the markets and prices of agricultural products and supplies, agricultural crop calendar, prevention and mitigation of damage caused by natural disasters and pests;

d/ Developing a network of agricultural extension information and communications to provide consultancy on technology transfer and receive feedback from practical production activities.

2. Implementation methods

a/ Communications in the mass media;

b/ Publishing of agricultural extension magazines, documents and publications of all kinds;

c/ Organization of agricultural extension events: conferences, seminars, contests, fairs, exhibitions, study tours, forums and talks;

d/ Agricultural extension bulletins and websites;

dd/ Other modes of communications as prescribed by current laws.

Article 8.Model building and multiplication

1. Specific activities

a/ Building demonstration models on the application of technical and technological advances suitable to each locality, producers’ demands and agricultural development orientations;

b/ Transferring technical and technological advances from demonstration models and advanced production models for wide application.

2. Implementation methods

a/ To select implementation locations and participants and supply strains, supplies and auxiliary equipment, and other necessary contents required by the model;

b/ To demonstrate and introduce the model’s technical and technological advances;

c/ To organize training and guide the application of technical and technological advances;

d/ To organize field visits, conferences and seminars to evaluate the efficiency and applicability of technical and technological advances to the model;

dd/ To organize the information communication and dissemination to serve the transfer of technical and technological advances for wide application.

3. To prioritize the building and multiplication of the following models:

a/ Models of good agricultural production practices; certified production models; organic agricultural production models; models of value chain-based production associated with product sale; models of agricultural production combined with eco-tourism;

b/ Models of hi-tech application in agriculture;

c/ Models of effective and sustainable agricultural production and business organization and management;

d/ Models of agricultural production adaptable to climate change, prevention and mitigation of damage caused by natural disasters and pests and environmental protection;

dd/ Models of production development for sustainable poverty reduction for disadvantaged transferees in difficulty-hit and extreme difficulty-hit areas;

e/ Other models satisfying production and market demands and orientations for development of sectors and localities.

Article 9.Agricultural extension consultancy and services

1. Specific activities

a/ Policies and laws concerning agricultural and rural development;

b/ Cooperation in product value chain-based production;

c/ Technical and technological advance transfer services and production and business organization and management in agriculture;

d/ Business startup, formulation of investment projects, capital raising, labor recruitment and training, marketing, brand building, product advertising and sale, and agricultural production and business insurance;

dd/ Agricultural strain, supplies and equipment, plant protection and animal health services;

e/ Consultancy and other services provided in accordance with law to meet producers’ demands and suitable to the capacity of organizations and individuals engaged in agricultural extension.

2. Implementation methods

a/ Direct consultancy;

b/ Consultancy in the mass media;

c/ Consultancy through training and refresher training courses, forums and talks;

d/ Consultancy and services provided under agreements and contracts.

Article 10.International cooperation in agricultural extension

1. Specific activities

a/ Exchanging agricultural extension experiences and scientific and technological information with international organizations and experts in accordance with law;

b/ Improving the capabilities and skills of persons engaged in agricultural extension under international cooperation programs and overseas surveys and study tours;

c/ Programs on cooperation in agricultural extension and technology transfer from overseas to Vietnam and vice versa in agriculture.

2. Implementation methods

a/ Under agreements and protocols on (bilateral or multilateral) state cooperation programs and projects or public-private partnership (PPP) agreements;

b/ Under technology transfer contracts between domestic and foreign organizations and individuals;

c/ Other modes of international cooperation in accordance with Vietnamese law.

Chapter III

AGRICULTURAL EXTENSION FORMS

Article 11.Forms of agricultural extension and special technology transfer in agriculture

1. Forms of agricultural extension and special technology transfer in agriculture at the central level include:

a/ Central agricultural extension programs (from 5 to 10 years);

b/ Regular agricultural extension plans and tasks (annual);

c/ Other programs and plans on technology transfer in agriculture approved by the Minister of Agriculture and Rural Development.

2. Forms of agricultural extension and special technology transfer in agriculture at the local levels include:

a/ Local agricultural extension programs (from 3 to 5 years);

b/ Local agricultural extension plans (annual);

c/ Other programs and plans on technology transfer in agriculture approved by provincial-level People’s Committees.

3. The forms of agricultural extension and technology transfer in agriculture specified in Clauses 1 and 2 of this Article shall be implemented by the mode of task assignment or order placement in accordance with current laws.

Section 1

FORMS OF CENTRAL AGRICULTURAL EXTENSION ACTIVITIES

Article 12.Central agricultural extension programs

1. Grounds for formulation of a central agricultural extension program

a/ Agricultural and rural development guidelines, orientations, strategies and schemes and the sector’s national, major and key products;

b/ Domestic and international market demands; practical production needs;

c/ Investment and investment promotion policies and projected investment resources from the state and private sectors for agricultural extension and technology transfer in agriculture during the implementation of the program;

d/ Programs, projects and treaties on agricultural extension and technology transfer in agriculture to which Vietnam is a contracting party or has acceded.

2. The Ministry of Agriculture and Rural Development shall formulate and approve a central agricultural extension program every 5 or 10 years in line with the sector’s medium-and long-term development plans. The order of implementation is as follows:

a/ To propose and formulate a central agricultural extension program for each field and each national, key or major product;

b/ To collect opinions of related organizations and individuals;

c/ To set up an advisory council for appraisal of the central agricultural extension program;

d/ To approve the central agricultural extension program;

dd/ To publicize the program on the Ministry of Agriculture and Rural Development’s portal.

3. Adjustment of a central agricultural extension program

The Ministry of Agriculture and Rural Development may approve adjustments to a central agricultural extention program in the course of implementation, based on the sector’s development policies and orientations and practical production and market demands.

Article 13.Requirements on central agricultural extension projects

1. To satisfy objectives, scope and contents of the approved central agricultural extension program or extraordinary tasks under the guidance of the Ministry of Agriculture and Rural Development.

2. Technical advances and technologies to be transferred must be recognized or approved by competent authorities.

3. Activities under a central agricultural extension project include model building and multiplication and project management. The model building requires the coordination of provincial agricultural extension organizations or other agricultural extension organizations in localities with functions and tasks suitable to the project’s contents.

Article 14.Criteria for registration for taking charge of central agricultural extension projects

1. For the project’s responsible organization

a/ Having functions and tasks of agricultural extension and technology transfer in agriculture or conduct production and business activities suitable to the project’s fields and products; prioritizing organizations that own and have copyright to technical and technological advances that the project needs to be transferred;

b/ Satisfying human resources and scientific and technological requirements to implement the project;

c/ Within 2 years counting to the date of registering for taking charge of the project,  not falling into one of the following cases: having taken charge of a central agricultural extension project with unqualified pre-acceptance test results; using a central agricultural extension project’s funds improperly and in contravention of law.

2. For the project manager

a/ Being an individual of a responsible organization directly assigned to organize the implementation and bear the prime responsibility for the project’s results;

b/ Possessing a university or higher degree in a discipline suitable to the project’s main contents and at least 3 years’ experience in agricultural extension and transfer of technical advances or production and business in same field or product of the project;

c/ Within 2 years counting to the date of registering for acting as the project manager, not falling into one of the following cases: having acted as the manager of a central agricultural extension project with unqualified pre-acceptance test results or having committed a violation leading to the suspension of a project implementation;

d/ An individual may act as the manager of one central agricultural extension project at a time.

Article 15.Formulation and approval of the list of central agricultural extension projects to be annually implemented

1. Based on the approved central agricultural extension program, the Ministry of Agriculture and Rural Development shall annually form an advisory council to draw up a list of central agricultural extension projects. The list specifies names of projects; objectives, contents of activities; implementation locations; implementation periods and projected results.

2. Based on the council’s advises, the Ministry of Agriculture and Rural Development shall approve the list of projects before July 31; publicize the list on its portal and guide organizations and individuals to prepare dossiers of registration for taking charge of these projects.

3. In case of necessity (to meet practical production and market needs or serve extraordinary and emergency tasks of the sector and prevention and mitigation of natural disasters and pests), the Ministry of Agriculture and Rural Development shall additionally approve a number of lists of projects outside the central agricultural extension program.

Article 16.Dossier of a central agricultural extension project

1. A written registration for taking charge of the central agricultural extension project.

2. A summary of agricultural extension activities and transfer of technical and technological advances in agriculture of the organization registering for taking charge of the central agricultural extension project (Form No. 01 in the Appendix to this Decree).

3. A scientific resume of the individual registering for acting as the manager of the central agricultural extension project (Form No. 02 in the Appendix to this Decree).

4. Description of the central agricultural extension project (Form No. 03 in the Appendix to this Decree).

5. A written certification of coordinated implementation of the central agricultural extension project (Form No. 04 in the Appendix to this Decree).

6. A written certification of implementation of the central agricultural extension project in the locality (Form No. 05 in the Appendix to this Decree).

7. Commitment to contributing reciprocal capital (if any).

Article 17.Receipt and examination of validity of dossiers of central agricultural extension projects

1. Receipt of a dossier

a/ Within 30 days after the list of projects is publicized, an organization or individual wishing to register for taking charge of or acting as the manager of a project shall make a project dossier under Article 16 of this Decree and sending 1 dossier set (original) to the dossier-receiving agency (directly or by post);

b/ The date of dossier receipt is the date on the incoming postage stamp (in case of sending by post) or the incoming stamp of the dossier-receiving agency (in case of direct submission).

2. Within 7 working days after the expiration of the dossier submission time limit, the dossier-receiving agency shall organize the opening of the registration dossiers to examine their completeness and validity:

a/ The participants include representatives of related agencies under the Ministry of Agriculture and Rural Development and invited representatives of organizations and individuals registering for taking charge of or acting as project managers;

b/ A valid dossier to be considered and evaluated is a dossier prepared according to the forms mentioned in Article 16, satisfying the criteria prescribed in Article 14 and submitted within the time limit prescribed in Clause 1 of this Article;

c/ For invalid dossiers, the dossier-receiving agency shall notify in writing organizations and individuals thereof within 5 working days after the date the agency finishes the opening and examination of these dossiers;

d/ Dossier opening results shall be recorded in minutes under regulations.

Article 18.Setting up of dossier evaluation council, criteria for dossier evaluation and evaluation scale

1. The Ministry of Agriculture and Rural Development shall form a council for evaluation of dossiers of registering for taking charge of central agricultural extension projects.

2. Evaluation criteria and scale

A dossier of registration for taking charge of an agricultural extension project shall be evaluated and marked with the maximum score of 100 points according to the following criteria and scale:

a/ The capability of the organization assuming the prime charge: maximum 15 points;

b/ The capability of the project manager: maximum 10 points;

c/ The capability of organizations and individuals coordinating in implementing the project: maximum 10 points;

d/ The project’s activities: maximum 20 points;

dd/ Method of implementation and the project’s feasibility: maximum 15 points;

e/ Results, efficiency and possibility of wide application: maximum 20 points;

g/ Funds for implementation: maximum 10 points.

3. The dossier proposed to be selected by the council is the one with the highest average score from the criteria and attaining at least 70/100 points, with none of those criteria given zero point by over one-third of the council member.

Article 19.Approval of central agricultural extension projects

1.  Based on proposals of the council, the Ministry of Agriculture and Rural Development shall consider, approve and notify results of selection of the organization to take charge and individual to act as the manager of a central agricultural extension project.

2. The said organization and individual shall complete the project dossier and submit it to the dossier-receiving agency (directly or by post) within 15 days after the issuance of the notice.

3. The Ministry of Agriculture and Rural Development shall decide to approve a central agricultural extension project and its description before November 30 and assign the organization taking charge and manager of the project to implement it by the mode of task assignment or order placement under current regulations.

Article 20.Inspection and evaluation of central agricultural extension projects

1. Every year, the Ministry of Agriculture and Rural Development shall make and approve periodical or extraordinary inspection plans to inspect and evaluate the organization of implementation, progress, results and efficiency of central agricultural extension projects. The inspection shall be conducted at least once for every project during its implementation.

2. At least 5 working days prior to inspection, an inspection team shall notify time and location of inspection to the organization taking charge and manager of the project and its members. The organization taking charge and manager of the project shall send a written report on the project implementation progress to the inspection team to serve the inspection.

3. In the course of project implementation, the organization taking chare of the project shall inspect the project itself and send reports on inspection results to the Ministry of Agriculture and Rural Development before June 15 and December 15 every year or on an extraordinary basis upon requests.

Article 21.Adjustment of central agricultural extension projects

1. Adjustment at the proposal of the organization taking charge of a central agricultural extension project

a/ If any problem arises in the course of project implementation, the organization taking charge of the project shall send a written proposal, clearly stating the reason, to the Ministry of Agriculture and Rural Development (directly or by post);

b/ Within 15 working days after receiving a written proposal of the organization taking charge of the project, the Ministry of Agriculture and Rural Development shall consider and decide on the project adjustment or decentralize an attached agency to decide on the project adjustment and notify such to the organization taking charge of the project for implementation.

2. Based on results of annual project inspection and pre-acceptance test or in case of necessity, the Ministry of Agriculture and Rural Development shall consider and approve the project adjustment or decentralize an attached agency to decide on project adjustment to meet practical requirements and notify such to the organization taking charge of the project for implementation.

3. The adjustment shall be completed before November 30.

Article 22.Pre-acceptance test of results of central agricultural extension projects

1. Annual project pre-acceptance test

a/ Before December 25, the organization taking charge of a project shall send 1 dossier of annual project pre-acceptance test (directly or by post) to the Ministry of Agriculture and Rural Development;

b/ A dossier of annual project pre-acceptance test must comprise the organization’s written request for pre-acceptance test; a report on the project’s annual implementation results (made according to Form No. 06 in the Appendix to this Decree); a contract and minutes of pre-acceptance test between the organization and units implementing the project; an inspection minutes (if any); relevant documents and products (if any);

c/ The Ministry of Agriculture and Rural Development shall assign its attached agencies to conduct pre-acceptance test of annual project implementation results before January 30.

2. Pre-acceptance test of project completion

a/ Before March 31 of the year following the year of project completion, the organization taking chare of the project shall send 1 dossier of pre-acceptance test of project completion to the Ministry of Agriculture and Rural Development (directly or by post);

b/ A dossier of pre-acceptance test of project completion must comprise the organization’s written request for pre-acceptance test of project completion; a project review report (made according to Form No. 07 in the Appendix to this Decree); a minutes of annual project pre-acceptance test; a minutes of inspection; relevant documents and products (if any);

c/ The Ministry of Agriculture and Rural Development shall form a council for pre-acceptance test of project completion;

d/ Within 15 working days after the meeting of the council for pre-acceptance test of project completion, the organization taking chare of the project shall complete the dossier of pre-acceptance test of project completion and send it to the Ministry of Agriculture and Rural Development;

dd/ The Ministry of Agriculture and Rural Development shall approve results of pre-acceptance test of project completion before June 30 every year and post on its portal.

Article 23.Plans on regular agricultural extension tasks

1. Regular agricultural extension tasks to be annually performed include the following groups of tasks:

a/ Information communication: organizing agricultural extension events (forums, talks, conferences, workshops, contests, fairs and exhibitions); dissemination in the mass media; agricultural extension bulletins and websites; development of an agricultural extension database; agricultural extension documents and publications;

b/ Training: professional refresher training for agricultural extension workers at all levels and units participating in agricultural extension; refresher training to improve production and management skills for producers; compiling agricultural extension materials; study tours at home and abroad.

c/ International cooperation in agricultural extension;

d/ Procurement and repair of equipment and tools to serve agricultural extension;

dd/ Management, inspection and evaluation of efficiency of agricultural extension activities.

2. Formulation, appraisal and approval of plans on regular agricultural extension tasks

a/ Before July 31 every year, organizations and individuals shall propose regular agricultural extension tasks of the following year (Form No. 08 in the Appendix to this Decree) and send them to the Ministry of Agriculture and Rural Development (directly or by post);

b/ The Ministry of Agriculture and Rural Development shall assign its attached agencies to summarize and make a plan on regular agricultural extension tasks before August 31;

c/ The Ministry of Agriculture and Rural Development shall form an appraisal council for the plan on regular agricultural extension tasks;

d/ Based on appraisal results, the Ministry of Agriculture and Rural Development shall approve the plan before October 31.

3. The Ministry of Agriculture and Rural Development shall assign its attached agricultural extension organizations to perform regular agricultural extension tasks by the mode of task assignment or order placement under current regulations.

4. Inspection of regular agricultural extension tasks

The Ministry of Agriculture and Rural Development shall formulate and approve plans on inspection of regular agricultural extension tasks and assign its attached agencies to implement the approved plans.

5. Adjustment of regular agricultural extension tasks

a/ If any problem arises in the course of implementation, an organization or individual shall send a written request for adjustment of regular agricultural extension tasks to the Ministry of Agriculture and Rural Development (directly or by post);

b/ Within 15 working days after receiving a written request, the Ministry of Agriculture and Rural Development shall consider and approve the adjustment or decentralize an attached agency to approve the adjustment and notify such to the organization or individual;

c/ In the course of implementation, based on the sector’s guidelines and development orientations and practical production and market needs and inspection results, if finding it necessary, the Ministry of Agriculture and Rural Development shall approve the adjusted tasks suitable to practical requirements and notify such to the organization
or individual.

6. Pre-acceptance test of regular agricultural extension tasks

a/ The Ministry of Agriculture and Rural Development shall assign its attached agencies to organize pre-acceptance tests of results of the performance of regular agricultural extension tasksby organizations and individuals before January 30;

b/ The Ministry of Agriculture and Rural Development shall form a council for appraisal of results of pre-acceptance test of regular agricultural extension tasks before April 30;

c/ Based on appraisal results, the Ministry of Agriculture and Rural Development shall approve results of pre-acceptance test of regular agricultural extension tasks before June 30.

Section 2

FORMS OF LOCAL AGRICULTURAL EXTENSION ACTIVITIES

Article 24.Local agricultural extension programs

1. Grounds for the formulation of a local agricultural extension program

a/ Guidelines, orientations, strategies for agricultural and rural development and major and key products of localities;

b/ Local natural, economic and social conditions, practical production and market needs;

c/ A central agricultural extension program for each period promulgated by the Ministry of Agriculture and Rural Development.

2. Order of formulation, appraisal and approval of a local agricultural extension program

a/ A provincial-level People’s Committee shall assign an attached specialized agency to formulate a local agricultural extension program and collect opinions of related agencies and units;

b/ The provincial-level People’s Committee shall form a council for appraisal of the local agricultural extension program;

c/ Based on appraisal results, the provincial-level People’s Committee chairperson shall approve the local agricultural extension program and post it on the portal of the provincial-level People’s Committee.

3. Adjustment of local agricultural extension programs

In the course of implementation, based on local guidelines and development orientations and practical production and market needs, provincial-level People’s Committees shall approve adjusted local agricultural extension programs.

Article 25.Order of formulation, appraisal and approval of local agricultural extension plans

1. Every year, based on approved local agricultural extension programs and practical production and market needs, local agricultural extension organizations and other agricultural extension organizations and workers in localities shall put forth agricultural extension plans and estimated funds and send them to local state management agencies in charge of agricultural extension before September 30.

2. Local state management agencies in charge of agricultural extension shall appraise agricultural extension contents and estimated funds and submit them to same-level People’s Committees before November 15.

3. People’s Committees at at all levels shall approve or decentralize their attached agencies to approve agricultural extension plans before November 30 and publicize them under regulations.

4. People’s Committees at all levels shall decide or decentralize their attached agencies to assign local agricultural extension organizations to implement agricultural extension plans by the mode of task assignment or order placement under current regulations.

Article 26.Management of local agricultural extension plans

Chairpersons of People’s Committees at all levels shall assign their attached agencies to direct and guide the implementation of agricultural extension plans, organize inspection and pre-acceptance test, and conduct finalization under current regulations

Chapter IV

POLICIES ON TECHNOLOGY TRANSFER IN AGRICULTURE THROUGH AGRICULTURAL EXTENSION ACTIVITIES

Article 27.Training policy

1. Technology transferees

To enjoy support equal up to 100% of expenses for training materials, meals, travel and accommodations when participating in training or refresher training courses in agricultural extension and survey or study tours under current regulations.

2. Technology transferors

a/ To enjoy support equal up to 100% of expenses for training materials, meals, travel and accommodations when participating in training or refresher training courses in agricultural extension and survey or study tours under current regulations;

b/ Lecturers, lecturing assistants, tour guides and class organizers may enjoy 100% of entitlements under current regulations;

c/ To prioritize the training of female and ethnic minority agricultural extension workers.

Article 28.Policies on information communication

1. The state budget will provide support equal up to 100% of funds required for broadcasts on agricultural extension in the mass media, publishing of agricultural extension magazines, documents and publications, organization of agricultural extension events (conferences, seminars, contests, fairs, exhibitions, forums and talks), building and management of an agricultural extension database, and other forms of communication on agricultural extension.

2. Technology transferors and transferees may enjoy support to cover expenses for documents, travel, meals and accommodations when participating in agricultural extension events.

Article 29.Policies on building and multiplication of models

1. Policy to support the building of demonstration models

a/ Demonstration models in difficulty-hit or particular difficulty-hit areas, border areas, islands and areas affected by natural disasters, epidemics and climate change as announced by competent authorities shall be provided with support equal up to 100% of expenses for strains and essential equipment and supplies;

b/ Demonstration models in midland or mountainous areas and sandbanks shall be provided with support equal up to 70% of expenses for strains and essential equipment and supplies;

c/ Demonstration models in delta areas shall be provided with support equal up to 50% of expenses for strains and essential equipment and supplies;

d/ Hi-tech application models shall be provided with support equal up to 40% of total expenses (for all areas);

dd/ Agricultural production and business management models shall be provided with support equal up to 100% expenses but not exceeding VND 100 million/model (for all areas);

e/ Support equal up to 100% of expenses for certifying safety food producers or epidemic-free establishments shall be provided under current regulations (for all types of models).

2. Policy on multiplication of models

The state budget shall provide supports equal up to 100% of funds required for organizing training, refresher training, information communication, conferences, seminars and study tours for multiplication of models.

Article 30.Policies on encouragement of agricultural extension consultancy and service activities

1. Organizations and individuals engaged in agricultural extension activities may participate in the provision of agricultural extension consultancy and services under Article 9 of this Decree and current laws.

2. Agricultural extension consultants and service providers are given priority in land rent and concessional loan extension and tax and fee exemption or reduction under current laws.

3. Expenses for agricultural extension services and consultancy shall be agreed upon by the parties. The management and use of revenues from agricultural extension services and consultancy must comply with current laws.

Article 31.Socialization of agricultural extension and technology transfer in agriculture

1. Organizations and individuals participating in the socialization of agricultural extension activities and technology transfer in agriculture may benefit from the following policies:

a/ To be honored for, advertise and introduce, their products when carrying out agricultural extension and technology transfer activities with efficiency and good impacts on agricultural production and business;

b/ To be guided and assisted by state management agencies in charge of agricultural extension when participating in agricultural extension and technology transfer activities in agriculture;

c/ To enjoy preferential tax, fee, loan and land rent policies and other policies in accordance with current laws.

2. Responsibilities of organizations and individuals participating in the socialization of agricultural extension and technology transfer activities in agriculture:

a/ Transferred plant varieties, livestock breeds, agricultural supplies, machinery and equipment must be recognized as technical advances or permitted to be produced, traded, used or sold in accordance with law;

b/ To provide specific guidance on utilities and effects of technical and technological advances upon the transfer of such advances;

c/ To take responsibility before law and compensate for damage caused by the transfer and application of technical and technological advances (except the case of force majeure events);

d/ At least 15 days before the transfer, to send a written report to the state management agency in charge of agricultural extension in the locality. The report must state the names of transferred technical and technological advances, products permitted to be produced, traded, used or sold accompanied with use instructions; activities to be carried out; transfer period and location; transferee; committed responsibilities as prescribed at Point c of this Clause.

3. Responsibilities of state management agencies in charge of agricultural extension:

a/ Within 5 working days after receiving a report, a state management agency in charge of agricultural extension shall examine its completeness and validity under Clause 2 of this Article; in case the report is invalid or not in line with local guidelines, needs and conditions, it shall notify such in writing to the organization or individual, clearly stating the reason;

b/ To take the initiative in inspecting and supervising agricultural extension and technology transfer activities in agriculture carried out in their localities.

Chapter V

AGRICULTURAL EXTENSION FUNDS

Article 32.Agricultural extension funding sources

1. The central agricultural extension funds may be formed from the following sources:

a/ Central budget funds allocated to agricultural extension programs, projects and plans under the central budget’s spending task and approved of the Ministry of Agriculture and Rural Development;

b/ Performance of contracts on agricultural extension consultancy and services;

c/ Lawful donations and contributions of domestic and foreign organizations and individuals;

d/ Other lawful revenues prescribed by law.

2. Local agricultural extension funds include provincial-, district- and commune-level agricultural extension funds, which may be formed from the following sources:

a/ Local budget funds allocated to agricultural extension programs and plans under the local budget’s spending task and approved by provincial-, district- or commune-level People’s Committees;

b/ Performance of contracts on agricultural extension consultancy or services;

c/ Lawful donations and contributions of domestic and foreign organizations and individuals;

d/ Other lawful revenues prescribed by law.

3. Funds of other agricultural extension organizations may be formed from the following sources:

a/ Their own capital;

b/ Partial state budget funds through agricultural extension programs, projects and plans approved by competent authorities;

c/ Performance of contracts on agricultural extension consultancy or services;

d/ Lawful donations and contributions of domestic and foreign organizations and individuals;

dd/ Other lawful revenues prescribed by law.

Article 33.Use of agricultural extension funds

1. Agricultural extension funds allocated by the state budget shall be used for:

a/ The contents specified in Articles 6 thru 10 of this Decree;

b/ Hiring of domestic and foreign experts to serve agricultural extension and evaluate the efficiency of agricultural extension activities;

c/ Purchase of copyright and appropriate new technologies for transfer;

d/ Procurement of equipment to serve agricultural extension activities;

dd/ Management of agricultural extension programs, projects and plans that use 8% of agricultural extension funds (including 3% for agricultural extension management agencies and the remaining 5% for performance of agricultural extension projects and tasks);

e/ Other expenditures for agricultural extension activities.

2. The management and use of non-state budget agricultural extension funds shall be decided by organizations and individuals in compliance with this Decree and current laws.

Article 34.Formulation and implementation of estimates and finalization of agricultural extension funds

1. Central agricultural extension funds shall be used for agricultural extension activities managed and organized by the Ministry of Agriculture and Rural Development. The Ministry of Agriculture and Rural Development shall formulate estimate and allocate annual central agricultural extension funds and make final accounts thereof in accordance with the Law on the State Budget and guiding documents.

2. Local agricultural extension funds shall be used for agricultural extension activities managed and organized by provincial-, district- and commune-level People’s Committees according to the budget decentralization. Provincial-level People’s Committees shall estimate and allocate annual local agricultural extension funds and make final accounts thereof in accordance with the Law on the State Budget and guiding documents.

3. The spending and finalization of central and local agricultural extension funds shall be based on approved agricultural extension programs, projects and plans.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 35.Responsibilities of ministries and central agencies

1. The Ministry of Agriculture and Rural Development shall perform the state management of agricultural extension activities, having the following responsibilities:

a/ To formulate and submit to competent agencies for promulgation or promulgate according to its competence legal documents, mechanisms, policies, development strategies and econo-technical norms on agricultural extension;

b/ To formulate and promulgate the list of technical advances in strains, products, production processes, technical solutions and management solutions encouraged to be transferred in agriculture;

c/ To approve central agricultural extension programs, projects and plans and direct the implementation thereof;

d/ To assign attached agencies to perform the state management of agricultural extension, enter into contracts, manage, inspect, supervise, conduct pre-acceptance test and make final accounts of central-level programs, projects and plans on agricultural extension and programs and plans on technology transfer in agriculture;

dd/ To prescribe the composition and operation method of councils for appraisal or pre-acceptance test of regular agricultural extension programs, projects and tasks;

e/ To provide localities with professional guidance on agricultural extension activities;

g/ To cooperate with domestic and foreign organizations and individuals in calling for capital and resources for agricultural extension activities;

h/ To inspect, and settle complaints and denunciations about agricultural extension activities;

i/ To coordinate with the Ministry of Finance in guiding the management and use of central and local agricultural extension funds;

k/ To manage central agricultural extension funds under regulations;

l/ To review, evaluate and periodically report to the Prime Minister on agricultural extension and technology transfer activities in agriculture nationwide.

2. The Ministry of Finance:

a/ To assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, covering regular expenditures for central agricultural extension activities in accordance with the Law on the State Budget and guiding documents and this Decree, and submit them to competent authorities for decision;

b/ To assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, managing and using central and local agricultural extension funds.

3. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Agriculture and Rural Development in performing the state management of agricultural extension under the Government’s regulations.

Article 36.Responsibilities of provincial-level People’s Committees

Provincial-level People’s Committees shall perform the state management of agricultural extension activities in their localities, having the following responsibilities:

1. To formulate and promulgate policies on and econo-technical norms for agricultural extension suitable to sectoral development policies and orientations and local conditions.

2. To approve local agricultural extension programs, approve or decentralize powers to provincial-level Agriculture and Rural Development Departments, district- or commune-level People’s Committees to approve local agricultural extension plans and direct the implementation thereof.

3. To assign their attached agencies to perform the state management of agricultural extension and manage, inspect, supervise, conduct pre-acceptance test and make final accounts of programs and plans on local agricultural extension and technology transfer in agriculture in their localities.

4. To manage agricultural extension and technology transfer activities in agriculture in their localities.

5. To ensure funds for implementation of agricultural extension policies and support local agricultural extension activities under this Decree.

6. To mobilize domestic and foreign organizations and individuals to contribute resources to local agricultural extension activities.

7. To manage local agricultural extension funds.

8. To inspect, and settle complaints and denunciations in agricultural extension activities in their localities;

9. To direct provincial-level Agriculture and Rural Development Departments to annually review, evaluate, draw lessons from and report on agricultural extension and technology transfer in agriculture activities in their localities to the Ministry of Agriculture and Rural Development.

Article 37.Transitional provision

Ongoing agricultural extension programs, projects and plans approved before the effective date of this Decree will continue to be implemented under the Government’s Decree No. 02/2010/ND-CP of January 8, 2010, on agricultural extension, and relevant guiding documents until the completion of pre-acceptance test.

Article 38.Effect

This Decree takes effect on July 10, 2018, and replaces the Government’s Decree No. 02/2010/ND-CP of January 8, 2010, on agricultural extension.

Article 39.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.