Decree No. 02/2017/ND-CP on mechanisms and policies to support agricultural production for recovery in areas damaged by natural disasters or epidemics.

DECREE

Regarding mechanisms and policies to support agricultural production for the recovery of production areas affected by natural disasters and epidemics.

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

Pursuant to the Law on Disaster Prevention and Control dated June 19, 2013;

Pursuant to the State Budget Law dated June 25, 2015;

BASED ON THE LAW ON VETERINARY MEDICINE OF JUNE 19, 2015;

Pursuant to the Law on Protection and Development of Forests dated December 3, 2004;

Pursuant to the Tourism Law dated June 14, 2005;

Pursuant to the Law on Plant Protection and Quarantine dated November 25, 2013;

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

The Government promulgates this Decree on mechanisms and policies to support agricultural production for the recovery of production areas affected by natural disasters and epidemics.

Article 1. Scope of Regulation

This Decree stipulates the provision of support for planting materials, livestock, aquatic animals, or part of initial production costs to recover agricultural production damaged due to the types of natural disasters specified in Clause 1, Article 3 of the Law on Prevention and Control of Natural Disasters and dangerous diseases announced according to the laws on veterinary medicine, aquaculture, forestry, and plant protection and quarantine diseases.

Article 2. Applicability

Households engaged in farming, aquaculture, salt production, farm owners, family farms, cooperatives, and production cooperatives in crop cultivation, forestry, animal husbandry, aquaculture, and salt production (hereinafter referred to as production households) directly affected by natural disasters and epidemics as provided for in Article 1 of this Decree.

Article 3. Principles of Support

1. The State shall provide partial support for the cost of planting materials, livestock, aquatic animals, or part of initial production costs (not compensation for losses).

2. Support shall be implemented promptly and directly in cash or in kind such as planting materials, livestock, or goods. The planting materials, livestock, or goods provided must meet quality standards and be suitable to local ecological conditions and actual circumstances.

3. Support must be transparent, fair, appropriate in amount, and targeted at the right recipients.

4. In cases where there are multiple mechanisms and policies supporting the same content, production households may only receive support from the most appropriate policy.

Article 4. Conditions for Support

Production households suffering losses will be considered for support if they meet all the following conditions:

1. Production activities comply with local planning, plans, and agricultural production guidance issued by local authorities.

2. There is an initial registration confirmed by the People's Committee of the commune for concentrated animal husbandry (farms, family farms, cooperatives, production cooperatives) and aquaculture (according to Model No. 6 attached as Appendix I to this Decree) or a quarantine certificate (if applicable). Concentrated animal husbandry households must register within 15 days from the start of breeding; within seven working days from receiving the registration, the People's Committee of the commune has the responsibility to inspect and confirm the registration. Aquaculture households must register and be confirmed immediately upon starting their operations.

3. Losses occurred after fully and timely implementing preventive and response measures against natural disasters and epidemics as directed by specialized agencies and local authorities.

4. Time of occurrence of losses:

a) For natural disasters: During the period when natural disasters occur in the locality confirmed by the Local Steering Committee for Flood and Storm Control and Search and Rescue.

b) For epidemics: Within the period from the announcement of the epidemic until its declaration as over. In special cases, immediately from the first outbreak (before meeting the conditions for declaring an epidemic), requiring the destruction of livestock and poultry according to disease prevention and control requirements to limit the spread of the disease, the time of loss occurrence is from the outbreak until the end of the outbreak.

Article 5. Level of Support

1. Support for crops:

a) For pure rice fields with damage exceeding 70%, support is 2,000,000 VND/ha; for damage between 30% and 70%, support is 1,000,000 VND/ha;

b) For pure rice seedlings with damage exceeding 70%, support is 20,000,000 VND/ha; for damage between 30% and 70%, support is 10,000,000 VND/ha;

c) For hybrid rice fields with damage exceeding 70%, support is 3,000,000 VND/ha; for damage between 30% and 70%, support is 1,500,000 VND/ha;

d) For hybrid rice seedlings with damage exceeding 70%, support is 30,000,000 VND/ha; for damage between 30% and 70%, support is 15,000,000 VND/ha;

đ) For corn and vegetable fields with damage exceeding 70%, support is 2,000,000 VND/ha; for damage between 30% and 70%, support is 1,000,000 VND/ha;

e) For perennial industrial crops and fruit trees with damage exceeding 70%, support is 4,000,000 VND/ha; for damage between 30% and 70%, support is 2,000,000 VND/ha.

2. Support for forestry production:

a) For forest trees, non-timber forest products planted on forestry land, nurseries, and seedling forests with damage exceeding 70%, support is 4,000,000 VND/ha; for damage between 30% and 70%, support is 2,000,000 VND/ha;

b) For seedlings in the nursery stage with damage exceeding 70%, support is 40,000,000 VND/ha; for damage between 30% and 70%, support is 20,000,000 VND/ha.

3. Support for raising aquatic animals:

a) For extensive shrimp farming (rice field shrimp, ecological shrimp, forest shrimp, integrated shrimp farming) with damage exceeding 70%, support ranges from 4,100,000 to 6,000,000 VND/ha; for damage between 30% and 70%, support ranges from 2,000,000 to 4,000,000 VND/ha;

b) For traditional fish farming and native fish species with damage exceeding 70%, support ranges from 7,100,000 to 10,000,000 VND/ha; for damage between 30% and 70%, support ranges from 3,000,000 to 7,000,000 VND/ha;

c) For semi-intensive and intensive tiger shrimp farming with damage exceeding 70%, support ranges from 6,100,000 to 8,000,000 VND/ha; for damage between 30% and 70%, support ranges from 4,000,000 to 6,000,000 VND/ha;

d) For semi-intensive and intensive whiteleg shrimp farming with damage exceeding 70%, support ranges from 20,500,000 to 30,000,000 VND/ha; for damage between 30% and 70%, support ranges from 10,000,000 to 20,000,000 VND/ha;

đ) For mollusk farming with damage exceeding 70%, support ranges from 40,500,000 to 60,000,000 VND/ha; for damage between 30% and 70%, support ranges from 20,000,000 to 40,000,000 VND/ha;

e) For intensive catfish farming with damage exceeding 70%, support ranges from 20,500,000 to 30,000,000 VND/ha; for damage between 30% and 70%, support ranges from 10,000,000 to 20,000,000 VND/ha;

g) For freshwater cages and rafts with damage exceeding 70%, support ranges from 7,100,000 to 10,000,000 VND/100 m³cage; for damage between 30% and 70%, support ranges from 3,000,000 to 7,000,000 VND/100 m³cage;

h) For intensive rainbow trout farming with damage exceeding 70%, support ranges from 20,500,000 to 30,000,000 VND/ha; for damage between 30% and 70%, support ranges from 10,000,000 to 20,000,000 VND/ha;

i) For intensive coldwater fish (salmon, trout) farming with damage exceeding 70%, support ranges from 35,500,000 to 50,000,000 VND/ha; for damage between 30% and 70%, support ranges from 15,000,000 to 35,000,000 VND/ha;

k) Floating cages and rafts for aquaculture outside the sea (far from shore, near islands) suffering losses exceeding 70%, shall be supported with VND 15,500,000 to 20,000,000 per 100 m cage.³l) Losses between 30% to 70%, shall be supported with VND 10,000,000 to 15,000,000 per 100 m cage.³lồng;

l) For other types of aquaculture areas suffering losses exceeding 70%, support will be provided at VND 4,100,000 to 6,000,000 per hectare; losses between 30% to 70%, support will be provided at VND 2,000,000 to 4,000,000 per hectare.

4. Support for livestock and poultry farming:

a) Damage caused by natural disasters:

Poultry (chickens, ducks, geese) up to 28 days old, shall be supported with VND 10,000 to 20,000 per head; over 28 days old, shall be supported with VND 21,000 to 35,000 per head;

Pigs up to 28 days old, shall be supported with VND 300,000 to 400,000 per head; over 28 days old, shall be supported with VND 450,000 to 1,000,000 per head; breeding sows and boars, shall be supported with VND 2,000,000 per head;

Female dairy calves up to 6 months old, shall be supported with VND 1,000,000 to 3,000,000 per head; dairy cows over 6 months old, shall be supported with VND 3,100,000 to 10,000,000 per head;

Cattle, buffalo, horses up to 6 months old, shall be supported with VND 500,000 to 2,000,000 per head; over 6 months old, shall be supported with VND 2,100,000 to 6,000,000 per head;

Deer, antelopes, sheep, goats: Shall be supported with VND 1,000,000 to 2,500,000 per head.

b) Losses due to disease outbreaks:

Direct support shall be provided to households engaged in production that must destroy livestock and poultry due to disease outbreaks or within areas where compulsory destruction is required, with specific levels of support as follows:

VND 38,000 per kilogram live weight for pigs;

VND 45,000 per kilogram live weight for cattle, buffalo, goats, sheep, deer, antelopes;

VND 35,000 per head for poultry (chickens, ducks, geese).

5. Support for salt production: Areas for salt production suffering losses exceeding 70%, shall be supported with VND 1,500,000 per hectare; losses between 30% to 70%, shall be supported with VND 1,000,000 per hectare.

6. Other crops, livestock, and aquatic products not specified in Clauses 1, 2, 3, and 4 of this Article, the Chairman of the People's Committee of provinces and centrally-administered cities shall base on budget balancing capacity, production characteristics, and actual needs at the local level to specify specific support levels accordingly.

7. In cases of support in kind, the level of support shall be converted equivalently to monetary support based on prices at the time of support.

Article 6. Procedures and formalities for support

1. Procedures and methods of implementation:

a) Support for losses due to disease outbreaks: When losses occur, production households shall cooperate with relevant authorities in the area to conduct statistics, assess losses, complete files, and submit directly to the People's Committee of the commune for resolution according to regulations;

b) Support for losses due to natural disasters: When losses occur, production households shall cooperate with relevant authorities in the area to conduct statistics, assess losses, complete files, and submit directly to the Steering Committee for Flood and Storm Control and Search and Rescue at the commune level for coordination and reporting to the People's Committee at the same level for resolution according to regulations.

2. Application for support documents:

a) Request for support due to disease outbreaks and natural disasters according to Forms No. 1, 2, 3, 4, and 5 attached in Appendix I issued together with this Decree; accompanied by the initial production declaration form according to Form No. 6 attached in Appendix I issued together with this Decree or the quarantine certificate (if available);

b) Table of losses due to disease outbreaks and natural disasters confirmed by village, community, or residential area.

3. Responsibilities at various levels:

a) For disease outbreaks:

The Chairman of the People's Committee of the commune shall establish a verification board including representatives from the commune People's Committee, specialized staff from the district, social organizations, village representatives, and community representatives to prepare inspection records, verify the extent of losses, and specific support requirements of each production household; compile and report to the People's Committee of the district. Based on the report of the commune People's Committee, the district People's Committee shall organize reviews and decide on support within their authority or compile reports to the provincial People's Committee;

Based on the report of the district People's Committee, the provincial specialized agency shall be responsible for reviewing, submitting to the provincial People's Committee for approval, and allocating local budgets and other legitimate financial sources to promptly meet the needs for restoring production in areas affected by natural disasters and disease outbreaks as stipulated in this Decree.

b) For natural disasters: Implemented as prescribed in point a Clause 3 of this Article, with the participation and cooperation of the Steering Committee for Flood and Storm Control and Search and Rescue at all levels in the locality in inspecting, confirming losses, and compiling reports to the Central Steering Committee for Flood and Storm Control as stipulated in point d Clause 2 Article 30 and Clause 2 Article 31 of the Law on Flood and Storm Control.

The Chairman of the People's Committee of the district and commune shall compile losses, propose recommendations, and report on the results of implementing support for losses due to natural disasters and disease outbreaks according to the forms attached in Appendix II issued together with this Decree.

4. Time limit for processing applications: Within 15 working days from the date of receiving valid applications, the People's Committees at various levels (for disease outbreaks) or the Steering Committee for Flood and Storm Control and Search and Rescue at various levels (for natural disasters) must provide written responses or notify the results of processing to production households through local mass media.

Article 7. Resources and Support Mechanism from the Central Budget

1. Resources:

a) The central budget reserve;

b) Local budget reserves;

c) Disaster prevention and control fund;

d) National reserve funds;

e) Other lawful financial sources as prescribed by law.

2. Support mechanism from the central budget:

a) Mountainous provinces and the Central Highlands: The central budget supports 80% of the state budget damage compensation level;

b) Remaining provinces and centrally-administered cities:

Provinces and cities with a redistribution rate of revenue shares to the central budget of 50% or more: Shall proactively use local budget reserves to implement;

Provinces and cities with a redistribution rate of revenue shares to the central budget below 50%: The central budget will support 50% of the state budget support portion;

Remaining localities that have not yet achieved budget self-balancing: The central budget will support 70% of the state budget support portion.

c) Other provisions:

In cases where the damage compensation funding for the year is less than VND 1 billion/year: Provinces and cities shall proactively use their local budgets to implement;

In cases where localities suffer significant damage, if the local budget guarantee exceeds 50% of the local budget reserve allocated by the Prime Minister, the central budget will supplement the excess over 50% of the local budget reserve to ensure that provinces and cities have sufficient resources to implement.

Article 8. Implementation organization

1. The Central Steering Committee on Disaster Prevention and Control shall compile and report damage assessments and needs from localities to the Government regarding timely measures and resources to support localities according to point d, Clause 2, Article 30 of the Law on Disaster Prevention and Control.

2. The Ministry of Agriculture and Rural Development:

a) Shall take the lead and coordinate with the Ministry of Finance, the Ministry of Planning and Investment, and relevant ministries and sectors to urge, inspect, supervise, and resolve issues arising during the implementation of this Decree;

b) Shall take the lead and coordinate with relevant ministries, sectors, and localities to report and propose to the Prime Minister to decide on providing material support from the national reserve fund to localities to mitigate losses caused by natural disasters and epidemics.

3. The Ministry of Finance, based on the provisions of this Decree and the actual expenditure from the local budget to support the recovery of production in areas affected by natural disasters and epidemics, shall consider supporting from the annual central budget reserve for each locality and regularly report to the Prime Minister the results of implementation. In cases where natural disasters or epidemics occur on a large scale and the local budget does not have sufficient resources to provide support as stipulated in Article 5 of this Decree; based on the proposal of the People's Committee of the province or centrally-administered city, the Ministry of Finance shall advance funds for the locality to implement (up to 70% of the central budget support level). After the locality reports the final account of the funds, the Ministry of Finance shall recover the advanced funds according to the provisions of the State Budget Law.

4. The Chairman of the Provincial People's Committee shall be responsible for:

a) Organizing statistics and assessment of losses caused by natural disasters and epidemics, proactively implementing support work from the local budget, disaster prevention and control fund, and other lawful resources to promptly restore production; proposing support needs to the central government to send to the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Central Steering Committee on Disaster Prevention and Control (for losses caused by natural disasters) for consolidation and reporting to the Prime Minister and bearing responsibility for the accuracy of the reported data;

b) Directing and guiding specialized agencies, district-level people's committees, and commune-level people's committees to implement direct support to households affected by production losses, ensuring transparency, fairness, compliance with policies and specified levels. Using support funds for their intended purposes, effectively, issuing specific regulations and sanctions to prevent waste and corruption;

c) Determining the level of support for beneficiaries as prescribed in Clause 6, Article 5 and specifying the level of support for each type of crop, livestock, and aquatic products but not exceeding the levels prescribed in Clauses 1, 2, 3, and 4 of Article 5 of this Decree;

d) At the end of a natural disaster or epidemic or at the end of the year, reporting to the Ministry of Agriculture and Rural Development, the Ministry of Finance, and the Central Steering Committee on Disaster Prevention and Control (for losses caused by natural disasters) the results of implementation according to the templates attached to this Decree for consolidation and reporting to the Prime Minister as prescribed.

Article 9. Implementation Provisions

1. This Decree takes effect from February 25, 2017.

2. This Decree replaces Decision No. 142/2009/QĐ-TTg dated December 31, 2009 on mechanisms and policies to support seeds, livestock, and aquatic products to restore production in areas affected by natural disasters and epidemics, and Decision No. 49/2012/QĐ-TTg dated November 8, 2012 amending and supplementing Article 3 of Decision No. 142/2009/QĐ-TTg of the Prime Minister; Clause 1, Article 1 of Decision No. 719/QĐ-TTg dated June 5, 2008 on policies to support the prevention and control of animal and poultry diseases, and Clause 1, Article 1 of Decision No. 1442/QĐ-TTg dated August 23, 2011 amending and supplementing certain articles of Decision No. 719/QĐ-TTg dated June 5, 2008 of the Prime Minister.

3. Transitional provision: The level of support for production households affected by natural disasters and epidemics occurring before the effective date of this Decree but implemented after its effective date shall still apply the support level prescribed at the time of occurrence of the natural disaster or epidemic.

4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.