Circular No. 06/2019/TT-BNNPTNT stipulates special activities and reporting requirements for agricultural cooperatives and the responsibilities of state management at all levels regarding agricultural cooperatives.

CIRCULAR

Regulations on special activities and reporting requirements for agricultural cooperatives and responsibilities of state management at all levels for agricultural cooperatives

and the state management responsibilities at all levels for agricultural cooperatives

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 107/2017/NĐ-CP dated September 15, 2017 of the Government amending and supplementing certain articles of Decree No. 193/2013/NĐ-CP dated November 21, 2013 of the Government detailing certain provisions of the Law on Cooperatives No. 23/2012/QH13;

At the proposal of the Director of the Department of Cooperative Economic and Rural Development;

The Minister of Agriculture and Rural Development issues this Circular stipulating special activities, reporting requirements for agricultural cooperatives and the responsibilities of state management at all levels for agricultural cooperatives.

Article 1. Scope of Regulation

This Circular stipulates special activities and reporting requirements for cooperatives and cooperative unions operating in the fields of crop production, animal husbandry, forestry, fisheries (aquaculture), salt industry, irrigation, rural water supply (hereinafter referred to collectively as agricultural cooperatives) and the responsibilities of state management at various levels (provincial, district, commune) in the agriculture sector for agricultural cooperatives.

Article 2. Applicability

Article 1. Agricultural cooperatives as specified in Article 1 of this Circular.

Forensic examination in scientific and technological activities as prescribed in this Circular includes forensic examination in the following fields: standards, technical regulations, measurement, product quality, goods quality (hereinafter referred to as standards, measurement, and quality); technology, equipment, machinery; industrial property; atomic energy.

Article 3. Special activities of agricultural cooperatives

Clause 1. Special activities of agricultural cooperatives as specified in this Circular include activities of supplying agricultural products and services; representing to sign linkage contracts; participating in providing public welfare services carried out by agricultural cooperatives to meet the needs of members and non-member customers in agricultural production and business.

Based on the capacity and actual conditions of the cooperative and market demand, agricultural cooperatives select and implement special activities as specified in Clauses 2, 3, and 4 of this Article.

Clause 2. Organizing concentrated production and supply of input and output products and services serving the agricultural production and business of members and non-member customers:

a) Training and conducting training sessions on cooperative management skills and extension work, technology transfer, and technical progress;

b) Producing and supplying agricultural materials (fertilizers, plant protection chemicals, veterinary drugs; planting and breeding seeds and other agricultural materials); supplying services (land preparation, irrigation, rural water supply, plant protection, veterinary care, production protection);

c) Planting, caring, harvesting, initial processing, processing, preservation, packaging, finishing products, managing product quality, and marketing agricultural products;

d) Implementing and managing uniformly the agricultural production process to ensure product quality requirements;

đ) Developing infrastructure to serve agricultural production;

e) Promoting, mobilizing, and organizing cooperative members to participate in agricultural insurance;

g) Organizing joint purchasing and selling activities of agricultural services and products;

h) Other services serving agricultural production in accordance with current laws.

Clause 3. Representing to sign contracts and organizing implementation of linkages with enterprises and other partners in the value chain of agricultural products to sell agricultural products for members and non-member customers through specific activities such as:

a) Signing and organizing implementation of linkage contracts linking production with product consumption;

b) Organizing promotion or building collective trademarks for agricultural products and services;

c) Organizing market research and marketing for agricultural products and services;

d) Implementing other services in the value chain of agricultural products.

Clause 4. Participating in providing public welfare services in the field of agriculture and rural areas in the locality, including activities:

a) Managing, operating, maintaining, and developing infrastructure to serve public welfare activities when assigned by the State;

b) Organizing activities to provide public welfare services in accordance with the law.

Article 4. Responsibilities of agricultural cooperatives in organizing and implementing special activities

1. Specify the special activities of agricultural cooperatives in the Charter of the cooperative.

2. Develop plans and production business schemes to meet seasonal production requirements, the scale of commercial agricultural production, market demands, ensuring food safety; address scattered and small-scale production; implement risk prevention measures, natural disaster response, disease control, climate change adaptation, and environmental protection, resource conservation, and natural benefits at the local level.

3. Apply and implement safe product production processes suitable for the conditions of the cooperative, in accordance with legal regulations and market demands.

4. Organize training, instruction, technology transfer, and agricultural progress dissemination for cooperative staff, members, and non-member customers.

5. Complete legal procedures and mobilize resources to ensure the organization of special activities and production business plans of the cooperative.

6. Provide information and guide cooperative members and organizations, individuals associated with the agricultural cooperative to effectively implement linkage contracts and production business plans of the cooperative.

7. Organize the supply of products and services that ensure quality, competitive prices, and compliance with legal regulations.

8. Coordinate with agricultural insurance organizations and related partners to support cooperative members in implementing risk management measures, production procedures, technical standards, and create conditions for agricultural insurance implementation and effective deployment of agricultural insurance support policies.

9. Implement transparency in the cooperative regarding service prices, types, and service recipients; establish management regulations for the use, maintenance, and repair of state assets transferred according to regulations and comply with current legal provisions on public goods and services provision.

Article 5. State Management Responsibilities for Agricultural Cooperatives at Provincial, District, and Commune Levels

The provincial People's Committee directs the Department of Agriculture and Rural Development to advise on state management of special activities of agricultural cooperatives within their jurisdiction and guide district and commune People's Committees to implement state management of special activities of agricultural cooperatives within their jurisdictions.

Article 6. Reporting System on the Operation Status of Agricultural Cooperatives

1. Reporting Responsibilities of Agricultural Cooperatives

a) Content of reports sent to the competent state management agency in the agriculture sector:

The operation status of the previous year according to Appendix I-19 issued together with Circular No. 07/2019/TT-BKHĐT dated April 8, 2019, amending and supplementing certain articles of Circular No. 03/2014/TT-BKHĐT dated May 26, 2014, of the Ministry of Planning and Investment guiding registration of cooperatives and reporting systems on the operation status of cooperatives.

Special activities of agricultural cooperatives of the previous year as specified in the Appendix issued together with this Circular.

b) Deadline for submitting reports: Not later than January 15 each year.

c) Recipient of reports:

Agricultural cooperatives submit reports to the Department of Agriculture and Rural Development (or Economic Department) and the cooperative registration agency at the district level where the main office is located.

Agricultural Cooperative Federations (units operating at the provincial level) submit reports to the Department of Agriculture and Rural Development and the cooperative registration agency at the provincial level where the main office is located.

2. Reporting Responsibilities of the Competent State Management Agency in the Agriculture Sector

a) The Department of Agriculture and Rural Development (or Economic Department) compiles annual reports on the special activities of agricultural cooperatives (as specified in the Appendix issued together with this Circular) and sends them to the provincial People's Committee and the Department of Agriculture and Rural Development.

b) The Department of Agriculture and Rural Development compiles annual reports on the special activities of agricultural cooperatives and agricultural cooperative federations (as specified in the Appendix issued together with this Circular) and sends them to the provincial People's Committee and the Ministry of Agriculture and Rural Development.

Article 7. Responsibility for Implementation

1. The Department of Cooperative Economy and Rural Development under the Ministry of Agriculture and Rural Development guides the implementation and supervises the enforcement of this Circular, compiles regular and ad hoc reports to the Ministry.

2. Relevant General Departments, Departments, and Bureaus under the Ministry of Agriculture and Rural Development coordinate with the Department of Cooperative Economy and Rural Development to perform state management responsibilities for agricultural cooperatives related to specialized fields.

3. People's Committees at all levels are responsible for directing the implementation of this Circular in their respective localities.

Article 8. Effective Date

1. This Circular takes effect from September 3, 2019.

2. In cases where laws or regulations cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new provisions in the amended, supplemented, or replaced laws or regulations.

3. During the implementation process, if there are difficulties, agricultural cooperatives, organizations, and individuals should promptly reflect them to the Ministry of Agriculture and Rural Development for research and amendment./.