Decree No. 112/2024/ND-CP on detailed regulations regarding rice-growing land

DECREE

Detailed regulations on rice-growing land

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Land Law dated January 18, 2024;

Pursuant to the Law on Crop Production dated November 19, 2018;

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

The Government issues this Decree to provide detailed regulations on rice-growing land.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates matters concerning high-yield, quality rice cultivation zones; crop and livestock structure adjustment, construction of facilities directly serving agricultural production on rice-growing land; protection and utilization of the topsoil layer of dedicated rice-growing land; payment for the State to supplement lost areas of dedicated rice-growing land or increase the efficiency of rice-growing land use; support policies for localities in rice production and land protection, and investment and support policies for infrastructure construction and application of modern science and technology in high-yield, quality rice cultivation zones.

Article 2. Applicability

State agencies; users of rice-growing land and other entities related to the management and use of rice-growing land as specified in Article 1 of this Decree.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Rice-growing land is land planted with one or more rice crops per year or land used for rice planting combined with other permitted land uses where rice planting is the primary purpose, including dedicated rice-growing land and remaining rice-growing land.

a) Dedicated rice-growing land is land planted with two or more rice crops per year.

b) Remaining rice-growing land is land planted with one rice crop per year and upland rice land.

2. Causing soil pollution on rice-growing land is an activity that uses or produces or disseminates harmful substances or pests, altering the physical, chemical, or biological properties of the soil, causing soil environmental pollution, reducing rice yield.

3. Causing soil degradation on rice-growing land is an activity that leads to soil erosion, leaching, acidification, salinization, ferruginization, drought, hardening, resulting in reduced fertility, nutritional imbalance of rice-growing land, and decreased rice yield.

4. Crop and livestock structure adjustment on rice-growing land involves transitioning from rice cultivation to annual crop cultivation; from rice cultivation to perennial crop cultivation; and combining rice cultivation with aquaculture.

5. High yield refers to the yield calculated at the time of approval of the high-yield, quality rice cultivation zone plan, which must be at least equal to the average yield of the three consecutive years prior to the planned high-yield, quality rice cultivation zone according to the announcement by the local statistical agency. In cases where there is a reduction in yield due to natural disasters or epidemics during the three consecutive years, the result of the same crop from the previous year will be taken.

6. Facilities directly serving agricultural production include facilities for initial processing and storage of agricultural products; warehouses for agricultural supplies, machinery, and labor tools; exhibition and promotion of agricultural products.

7. Infrastructure serving high-yield, quality rice cultivation zones includes transportation and irrigation works.

Article 4. General provisions on administrative procedures

1. Submission of administrative procedure files: Users of rice-growing land submit one set of files either directly or through postal services or electronic environment to the One-Stop Service Unit of the competent state agency.

2. Acceptance and response regarding the validity of the file:

a) For direct submission: The competent state agency examines, checks, and immediately responds to the validity of the file for the user of rice-growing land;

b) For submission through postal services: Within three working days from the date of receipt of the file, the competent state agency examines, checks, and responds to the validity of the file for the user of rice-growing land;

c) For submission through the electronic environment: Within one working day from the date of receipt of the file, the competent state agency examines, checks, and responds to the validity of the file for the user of rice-growing land.

3. Directly submitted or submitted through postal services files are original copies, except when otherwise specified in specific administrative procedure files. Files submitted through the electronic environment shall comply with the provisions of Government Decree No. 45/2020/NĐ-CP dated April 8, 2020, on the implementation of administrative procedures in the electronic environment.

4. Method of delivering results: The competent state agency delivers the results of administrative procedure resolution directly at the One-Stop Service Unit or through postal services or the electronic environment.

Chapter II
MANAGEMENT AND USE OF RICE-GROWING LAND

Article 5. High-yield and quality rice cultivation planning area

1. The high-yield and quality rice cultivation planning area includes the following criteria:

b) Has an active irrigation system or is planned for an active irrigation and drainage system to prevent and mitigate natural disasters;

c) Has convenient internal transportation system or is planned for an internal transportation system serving rice production;

d) Has high yield.

2. The People's Committee of the province shall approve the high-yield and quality rice cultivation planning area according to the criteria stipulated in Clause 1 of this Article.

Article 6. Provisions on crop and livestock structure adjustment on rice cultivation land

1. Principles for adjusting the crop and livestock structure on rice cultivation land

a) Complies with the provisions of Clause 1 of Article 56 of the Cultivation Law 2018;

b) Only implements the adjustment of the crop and livestock structure from rice cultivation to perennial crops for remaining rice cultivation land;

c) Shall not adjust the crop and livestock structure on rice cultivation land within the high-yield and quality rice cultivation planning area;

d) Is consistent with the Crop and Livestock Structure Adjustment Plan on Rice Cultivation Land issued by the competent authority;

đ) Does not cause pollution or degradation of rice cultivation land; does not damage transportation infrastructure, irrigation infrastructure, dike infrastructure, or infrastructure directly serving rice production;

e) Does not affect cultivation activities on adjacent rice cultivation land areas.

2. When converting from rice cultivation to integrated rice and aquaculture cultivation, up to 20% of the rice cultivation land area may be used to lower the aquaculture surface level to a maximum depth of 120 centimeters below the field surface.

3. The Chairman of the Provincial People's Committee decides on the types of perennial crops to be converted, ensuring they are suitable for local conditions.

4. After the conversion of the crop and livestock structure on rice cultivation land in accordance with this Decree, such land shall be recorded as rice cultivation land.

1. Based on the provincial-level land use planning scheme and plan already approved by the competent authority in accordance with the law, the People's Committee of the province, taking into account the proposals of the District People's Committees and the recommendations of the provincial agricultural authorities, shall issue the Plan for Crop and Livestock Structure Adjustment on Rice Cultivation Land throughout the province according to Model I attached to this Decree; the issuance time must be before November 30 of the year preceding the planning year.

2. Based on the Plan for Crop and Livestock Structure Adjustment on Rice Cultivation Land approved by the Provincial People's Committee, the People's Committee of the district, taking into account the proposals of the Commune People's Committees and the recommendations of the district agricultural authorities, shall issue the Plan for Crop and Livestock Structure Adjustment on Rice Cultivation Land throughout the district according to Model II attached to this Decree; the issuance time must be before December 15 of the year preceding the planning year.

3. Based on the Plan for Crop and Livestock Structure Adjustment approved by the District People's Committee and the needs for conversion of the land users, the People's Committee of the commune shall issue the Plan for Conversion in the commune according to Model III attached to this Decree; the issuance time must be before December 30 of the year preceding the planning year.

Article 8. Documents and Procedures for Implementing Structural Changes in Crop and Livestock on Paddy Land

1. The user of paddy land who wishes to convert to perennial crops or integrated rice-fish farming shall submit the Registration Form for Structural Changes in Crops and Livestock on Paddy Land (hereinafter referred to as the Registration Form) to the People's Committee of the commune in accordance with the model attached as Appendix IV to this Decree.

2. Within five working days from the date of receipt of a valid Registration Form for Structural Changes in Crops and Livestock on Paddy Land, the People's Committee of the commune shall examine the suitability of the Registration Form with the annual plan for structural changes in crops and livestock on paddy land at the commune level.

a) In case the Registration Form is consistent with the annual plan for structural changes in crops and livestock on paddy land at the commune level, the People's Committee of the commune shall issue a written approval for conversion in accordance with the model attached as Appendix V to this Decree and send it to the user of paddy land who has registered.

b) In case the Registration Form is inconsistent with the annual plan for structural changes in crops and livestock on paddy land at the commune level, the People's Committee of the commune shall notify in writing in accordance with the model attached as Appendix VI to this Decree to the user of paddy land who has registered.

Article 9. Construction of Facilities Directly Serving Agricultural Production on Paddy Land

1. The Provincial People's Committee shall stipulate the area, location, and purpose of construction facilities directly serving agricultural production on paddy land, ensuring compliance with the following conditions:

a) Not affecting water conservancy works, dike and sluice works, intra-field traffic, and adjacent paddy land areas;

b) The facility can only be built in one floor and cannot have a basement;

c) The area of paddy land permitted to construct facilities must be concentrated and have a minimum area of 50 hectares;

d) The facility must serve the purposes specified in Clause 6, Article 3 of this Decree.

2. The construction of facilities directly serving agricultural production on paddy land shall be carried out in accordance with the laws on construction and other relevant laws.

3. The area of land for constructing facilities as prescribed in this Article does not require a change of land use purpose and will still be recorded as paddy land.

1. The person to whom the State assigns or leases land for constructing works on land converted from specialized rice fields to non-agricultural land must have a plan for utilizing the surface soil layer approved by the competent state agency.

2. The contents of the plan for utilizing the surface soil layer include:

a) Information about the person to whom the State assigns or leases land requesting to change the land use purpose from specialized rice fields;

b) Information about the area of specialized rice fields proposed for conversion;

c) The volume of the surface soil layer after stripping;

d) The plan, location, and purpose of using the volume of surface soil stripped.

3. The minimum depth of the surface soil layer to be stripped must be at least 20 cm (centimeters) from the field surface.

4. The plan for utilizing the surface soil layer, once approved, becomes part of the application documents for changing the land use purpose from paddy land to non-agricultural purposes.

1. The person to whom the State grants land or leases land for construction projects on land converted from paddy fields to non-agricultural land shall submit documents to the People's Committee of the district or the People's Committee of the province (for projects covering two or more districts). The documents include:

a) A request for review of the plan on surface land layer utilization according to the model attached as Appendix VII to this Decree;

b) The plan on surface land layer utilization according to the model attached as Appendix VIII to this Decree;

c) A diagram describing the position of the surface land volume after separation.

2. Within fifteen days from the date of receipt of valid documents, the People's Committee of the province or the People's Committee of the district shall organize the review of the plan on surface land layer utilization.

3. Within five days from the date of the review result, the People's Committee of the province or the People's Committee of the district shall issue a document approving the plan on surface land layer utilization according to the model attached as Appendix IX to this Decree or a document disapproving it according to the model attached as Appendix X to this Decree, and send it to the person to whom the State grants land or leases land.

1. The person to whom the State grants land or leases land for non-agricultural purposes from paddy fields must pay a sum of money for the State to supplement the area of paddy fields lost or increase the efficiency of rice cultivation land use, except for projects using public investment funds or state funds outside public investment as stipulated by laws on public investment and construction laws. The Provincial People's Committee shall specify the amount of payment but not less than fifty percent of the amount determined based on the area of paddy fields to be converted to non-agricultural purposes multiplied by the price of rice land types at the time of land use change according to the Land Price Table. 2. The payment prescribed in Clause 1 of this Article shall be implemented after the competent authority has issued the decision on granting land or leasing land.

Article 13. Procedures and formalities for paying money for the State to supplement the area of paddy fields lost or increase the efficiency of rice cultivation land use

Within seven days from the date of receipt of a valid Declaration, the Department of Natural Resources and Environment shall review the Declaration and issue a document confirming the area of paddy fields that need to be paid according to the model attached as Appendix XII to this Decree, sent to the financial department at the same level to determine the amount of money to be paid.

2. Within five days, the financial department at the same level shall base on the confirmation document of the area of paddy fields from the Department of Natural Resources and Environment, the land price table of rice land types at the time of land use change specified by the Provincial People's Committee, to determine the amount of money to be paid according to the model attached as Appendix XIII to this Decree, sent to the Department of Natural Resources and Environment and the person to whom the State grants land or leases land.

3. Within thirty days, the person to whom the State grants land or leases land shall fulfill the obligation to pay the money at the Treasury Office according to the notification of the financial department.

4. After thirty days from the date of the notification document of the financial department, if the person to whom the State grants land or leases land has not paid or has not fully paid the money for the State to supplement the area of paddy fields lost or increase the efficiency of rice cultivation land use, they must pay additional late payment fees. The rate of late payment fee and the period for calculating the late payment fee are as follows:

a) The rate of late payment fee is 0.03% per day calculated on the amount of money to be paid for the State to supplement the area of paddy fields lost or increase the efficiency of rice cultivation land use that is overdue;

b) The period for calculating the late payment fee is continuously counted from the day following the day when the late payment fee arises until the day immediately before the day the money is deposited into the State budget;

c) The payer shall independently calculate the late payment fee according to the provisions of points a and b of this clause and deposit it into the State budget according to regulations. The payer is exempted from late payment fees in cases of force majeure such as material damage caused by natural disasters, catastrophes, epidemics, fires, or unexpected accidents.

SUPPORT POLICY FOR PROTECTING RICE FIELDS; INVESTMENT,

Chapter III
INVESTMENT SUPPORT, INFRASTRUCTURE CONSTRUCTION, APPLICATION

OF MODERN SCIENCE AND TECHNOLOGY IN THE PLANNED HIGH-YIELD QUALITY RICE GROWING AREA

HIGH YIELD QUALITY RICE GROWING ZONE PLANNING

CULTIVATION OF HIGH-YIELD QUALITY RICE

Article 14. Support for local production of rice

1. The state budget supports rice production as follows:

a) Provide support at a rate of 1,500,000 VND/hectare/year for dedicated rice cultivation land;

b) Provide support at a rate of 750,000 VND/hectare/year for remaining rice cultivation land, excluding spontaneously expanded paddy fields not in accordance with planning and land use plans;

c) Provide additional support at a rate of 1,500,000 VND/hectare/year for dedicated rice cultivation land located in regions designated for high-yield, high-quality rice cultivation.

2. The area of rice cultivation land eligible for support under points a and b of Clause 1 of this Article shall be determined based on the land statistics data published by the Ministry of Natural Resources and Environment for the year immediately preceding the first year of the budget stabilization period. For the allocation of funds for the year 2025, the data will be based on the land statistics of the provinces and centrally-administered cities published by the Ministry of Natural Resources and Environment for the year 2023.

3. The area of rice cultivation land eligible for support under point c of Clause 1 of this Article shall be determined by the provincial People's Committee according to the provisions of Clause 2 of Article 5 of this Decree and the land statistics data published by the Ministry of Natural Resources and Environment for the year immediately preceding the first year of the budget stabilization period.

4. During the budget stabilization period, the mechanism for supporting local budgets from the central budget for the policy stipulated in Clause 1 of Article 14 of this Decree shall apply the principle of supporting local budgets from the central budget to implement social welfare policies issued by the central government corresponding to each period.

5. The provincial People's Committee shall be responsible for managing and allocating the budgetary support funds to implement the protection of rice cultivation land as prescribed.

Article 15. Use of Support Funds

1. The use of funds from the proceeds of land transferred or leased for non-agricultural purposes from dedicated rice cultivation land as stipulated in Clause 1 of Article 12 and the state budget support funds for rice production as stipulated in Clause 1 of Article 14 of this Decree shall be planned by the provincial People's Committee and submitted to the People's Council at the same level for specific decisions on the principles, scope, subsidy rates, and the use of support funds for activities specified in Clause 2 of this Article, based on the actual conditions of the locality.

2. The funds referred to in Clause 1 of this Article shall be used for the following activities:

a) Supporting rice land users: using legal rice seeds for production; applying production processes, advanced technologies, and techniques recognized by competent state agencies; building demonstration models; conducting agricultural extension activities; organizing training, production linkage, and product marketing;

b) Improving the quality of rice cultivation land;

c) Assessing physical and chemical properties; creating soil maps for dedicated rice cultivation areas every five years;

đ) Supporting the purchase of protected rice seed copyrights.

Article 16. Investment and support policies for infrastructure development and the application of modern science and technology in high-yield, high-quality rice cultivation regions

1. The State invests in developing infrastructure

From the central budget supplemented with targeted funding for localities, implemented in accordance with the principles, criteria, and investment capital allocation standards for the national budget in each medium-term period as issued by the competent authority, prioritizing investments in irrigation works and transportation infrastructure in high-yield, high-quality rice cultivation regions; procedures and implementation processes follow the laws on public investment.

2. Investment support for enterprises

a) Enterprises receive up to 100% state budget support for costs incurred when investing in constructing irrigation works and transportation infrastructure in high-yield, high-quality rice cultivation regions.

b) Projects that adopt greenhouse gas emission-reducing rice production processes certified; circular economy model projects; organic production projects certified; value chain-linked rice production projects.

c) Projects processing food products; projects producing biological products, processing raw materials, and high-tech products from rice, rice bran, and other rice by-products in compliance with high-tech regulations.

d) Projects under point b must have an area of 500 hectares or more, projects under point c must have a total investment of 30 billion VND or more, and the state budget provides maximum support of up to 40%, but not exceeding 15 billion VND/project for purchasing production lines, equipment, technology, and technology licenses.

đ) Sources of funding, target groups, support procedures, implementation processes, and procedures follow the Government's regulations on encouraging enterprise investment in agriculture and rural areas.

e) Funding sources and support procedures for economic organizations with foreign investment capital comply with separate legal provisions.

3. Investment support for Cooperatives and Cooperative Federations

a) Infrastructure development projects in high-yield, high-quality rice cultivation regions can utilize state policies as detailed in the Government's guidelines implementing certain provisions of the Law on Cooperatives.

b) Cooperatives and cooperative federations collaborate to implement one of the following projects in high-yield, high-quality rice cultivation regions: projects adopting certified greenhouse gas emission-reducing rice production processes; certified organic production projects; value chain-linked rice production projects.

c) Projects producing and processing food products; projects producing biological products, processing raw materials, and high-tech products from rice, rice bran, and other rice by-products.

d) Projects under point b must have an area of 100 hectares or more, and projects under point c are supported by the state with up to 100% of the construction infrastructure project investment costs, purchasing production lines, equipment, technology, and technology licenses, but not exceeding 5 billion VND/project.

d) The form of support, level of support, regulations on support from public investment capital, procedures for consolidating support needs, methods of implementing support, and post-investment management mechanisms shall be carried out in accordance with the provisions of the Law on Cooperatives and guiding documents implementing the Law on Cooperatives regarding policies to support investment in developing infrastructure and equipment.

4. Projects as prescribed in Clauses 2 and 3 of this Article shall be supported by the State only once. In cases where projects or project components have already received support from the State budget under this Decree, they shall not be eligible for support from the State budget under other laws, and vice versa.

Article 17. Sources of investment support and preparation, implementation, and final settlement of funds for implementing policies

1. The State budget (including the central budget and local budgets) according to the current budget classification

a) Utilizing regular budget funds for policies as prescribed in Clause 2 of Article 15 of this Decree.

b) Utilizing public investment capital for policies as prescribed in Clauses 1, 2, and 3 of Article 16 of this Decree.

2. Other legitimate sources of funding as provided by law.

3. The preparation of budgets, execution of budgets, and settlement of accounts for implementing policies under this Decree shall be carried out in accordance with the provisions of the Law on State Budgets, the Law on Public Investment, and guiding documents for these laws.

Chapter IV
IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Decree takes effect from the date of issuance.

2. The following regulations and decrees shall cease to be effective from the date this Decree takes effect:

a) Decree No. 35/2015/NĐ-CP dated April 13, 2015 of the Government on the management and use of rice-growing land;

b) Decree No. 62/2019/NĐ-CP dated July 11, 2019 of the Government amending and supplementing certain articles of Decree No. 35/2015/NĐ-CP dated April 13, 2015 of the Government on the management and use of rice-growing land;

c) Articles 13 and 14 of Decree No. 94/2019/NĐ-CP dated December 13, 2019 of the Government detailing certain provisions of the Law on Crop Cultivation concerning seed varieties and cultivation practices.

Article 19. Transitional Provisions

1. Policies supporting localities and rice producers as prescribed in Clauses 2 and 4 of Article 7 of Decree No. 35/2015/NĐ-CP dated April 13, 2015 of the Government on the management and use of rice-growing land; policies on the use of funds as prescribed in Article 8 of Decree No. 35/2015/NĐ-CP dated April 13, 2015 of the Government on the management and use of rice-growing land (amended and supplemented at Clause 4 of Article 1 of Decree No. 62/2019/NĐ-CP) shall continue to be implemented until December 31, 2024.

2. In cases where plans for using surface layers of construction works or projects have been submitted to competent state authorities for review or have been approved for changing the purpose of rice-growing land to non-agricultural purposes before this Decree takes effect, such plans shall continue to be implemented in accordance with Decree No. 94/2019/NĐ-CP dated December 13, 2019 of the Government detailing certain provisions of the Law on Crop Cultivation concerning seed varieties and cultivation practices.

3. In cases where the conversion of crop structure on dedicated rice-growing land to perennial crops has been approved by competent authorities for annual conversion plans or agreed upon for conversion before this Decree takes effect, such conversions shall continue to be implemented in accordance with Decree No. 94/2019/NĐ-CP dated December 13, 2019 of the Government detailing certain provisions of the Law on Crop Cultivation concerning seed varieties and cultivation practices.

Article 20. Responsibility for Implementation

1. The Ministry of Agriculture and Rural Development:

a) Inspect and monitor the implementation of crop and livestock structure conversion on rice-growing land as prescribed in this Decree;

b) Compile results of evaluating physical and chemical properties, soil maps of specialized rice-growing areas across the country;

c) Guide and inspect the organization and implementation of this Decree.

2. Ministry of Finance:

Balance and allocate the central government's regular budget to support localities producing rice as prescribed in Clauses 1 and 4 of Article 14 of this Decree.

3. The Ministry of Planning and Investment:

Take the lead in balancing and allocating medium-term public investment capital from the central government's budget to supplement the local budget in each medium-term period to support localities producing rice in high-yield and quality rice cultivation planning areas as prescribed in this Decree and laws on public investment.

4. Provincial People's Committees, municipal people's committees directly under the central government:

a) Implement contents related to the management and use of rice-growing land of their locality as prescribed in this Decree and relevant laws; balance and allocate medium-term public investment capital from the state budget to implement support policies in high-yield and quality rice cultivation planning areas as prescribed in this Decree;

b) Organize the public announcement and strict management of land use planning and plans that have been approved;

c) Approve high-yield and quality rice cultivation planning areas in their locality;

d) Organize the development and implementation of plans for converting crop and livestock structures on rice-growing land in their locality as prescribed in this Decree;

đ) Manage and regulate the construction of works directly serving agricultural production on rice-growing land;

g) Direct and guide specialized agencies to conduct evaluations and announce: physical and chemical properties; develop soil maps and improve rice-growing land;

h) Annually submit reports on the results of crop and livestock structure conversion to the Ministry of Agriculture and Rural Development before December 20th in accordance with the model attached as Appendix XIV to this Decree.

5. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial and municipal people's committees directly under the central government are responsible for enforcing this Decree./.