Circular No. 205/2012/TT-BTC guides the implementation of policies to support the protection and development of rice-growing land as stipulated in Government Decree No. 42/2012/NĐ-CP dated May 11, 2012 on the management and use of rice-growing land.

CIRCULAR
Guidelines for Implementing Policies to Support the Protection and Development of Rice Cultivation Land Pursuant to Decree No. 42/2012/NĐ-CP

dated May 11, 2012 of the Government on Management and Use of Rice Cultivation Land concerning the management and use of rice cultivation land.

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Pursuant to the State Budget Law and Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to Decree No. 42/2012/NĐ-CP dated May 11, 2012 of the Government on Management and Use of Rice Cultivation Land (hereinafter referred to as Decree No. 42/2012/NĐ-CP);

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Considering the proposal of the Director of the State Budget Department;

The Minister of Finance issues this Circular guiding the implementation of policies to support the protection and development of rice cultivation land pursuant to Decree No. 42/2012/NĐ-CP dated May 11, 2012 of the Government on Management and Use of Rice Cultivation Land as follows:

Article 1. Scope and Applicability:

1. Scope: This Circular guides the mechanism and policy of support, allocation standards for central government budget funds, regular expenditure support for localities producing rice, and management and use of supplementary funding for specialized paddy fields, funding for the improvement of low-quality rice cultivation land, and other types of land.

2. Applicability: Agencies, organizations, households, individuals within the country, and foreign organizations and individuals related to the management and use of rice cultivation land.

Article 2. Policy to Support Localities Producing Rice:

1. Based on the area of rice cultivation land, the state budget supports rice production for localities (including investment and regular expenditures) through allocation standards for the state budget decided by the competent authority according to the State Budget Law. For years during the 2011-2015 budget stabilization period, the state budget implements support for rice production for localities as stipulated at point c, Clause 12, Part II, allocation standards for regular expenditure of the state budget for 2011 issued together with Decision No. 59/2010/QĐ-TTg dated September 30, 2010 of the Prime Minister (for regular expenditures) and as stipulated at point (2), item c, Clause 3, Part III, principles, criteria, and allocation standards for capital investment development from state budget sources for the 2011-2015 period issued together with Decision No. 60/2010/QĐ-TTg dated September 30, 2010 of the Prime Minister (for investments). Additionally, for years during the 2012-2015 budget stabilization period, the central state budget provides targeted supplementary support to local budgets for rice production as follows:
a) Supporting VND 500,000 per hectare per year for specialized paddy fields;

b) Supporting VND 100,000 per hectare per year for other rice lands, excluding rice lands expanded spontaneously without following planning and land use plans. The area of rice land eligible for support is based on land statistics data published by the Ministry of Natural Resources and Environment of the nearest preceding year before the budget plan formulation year.

2. Management and Use of Funding for Supporting Rice Production:

Funding for supporting rice production allocated in the local budget expenditure plan for the 2011-2015 period according to Decision No. 59/2010/QĐ-TTg dated September 30, 2010 of the Prime Minister, Decision No. 60/2010/QĐ-TTg dated September 30, 2010 of the Prime Minister, and central budget funding provided according to points a and b of Clause 1 of this Article shall be concentrated for supporting the development of agriculture and rural areas, specifically as follows:

- Concentrating investment in construction and maintenance of agricultural infrastructure in rural areas, prioritizing irrigation works; rural roads; solidifying canals (including support for irrigation works, internal roadways); rural craft village infrastructure; aquaculture infrastructure, and other related investment contents under the National Target Program for New Rural Development.

- Supporting extension activities to help households and organizations access services, apply scientific and technological advancements, enhance awareness, and implement plans determined to develop production and rural industries in their communes.

- Supporting the establishment and dissemination of effective new production models and rural industries, including: Providing rice seeds, fertilizers, pesticides, machinery, production tools, and other materials.

Policy and level of support: Apply Article 12, Article 13, and Article 14 of Decree No. 02/2010/NĐ-CP dated January 8, 2010 of the Government on Extension Services and the provisions of Joint Circular No. 183/2010/TTLT-BTC-BNN dated November 15, 2010 of the Ministry of Finance and the Ministry of Agriculture and Rural Development guiding the management and use of state budget funds allocated for extension services.

Based on the actual situation of the locality and the supported budget, the People's Committee of the province reports to the People's Council at the same level to decide on the level of investment construction costs, maintenance costs for agricultural infrastructure in rural areas, support costs for extension activities, and support costs for establishing and disseminating effective new production models for local authorities.

Based on the actual situation of the locality and the supported budget, the People's Committee of the province shall report to the People's Council at the same level to decide on the investment construction expenditure, maintenance and repair expenditure for agricultural and rural infrastructure works, expenditure supporting agricultural promotion activities, and expenditure supporting the construction, dissemination, and widespread application of new production models that are effective for local authorities.

Article 3. Support policy for rice producers:

1. Annually, the state budget shall support rice producers from regular expenditure funds at the following levels:

a) Supporting VND 500,000 per hectare per year for organizations, households, and individuals producing rice on dedicated paddy fields;

b) Supporting VND 100,000 per hectare per year for organizations, households, and individuals producing rice on other paddy lands except for spontaneously expanded paddy terraces not in accordance with land use planning and plans. Rice producers shall use the supported funds to develop effective rice production (applying scientific and technological progress, new production processes; investing in seeds, fertilizers, plant protection chemicals; etc.) to enhance rice yield and quality, contributing to building new rural areas.

2. Recipients and conditions for receiving support: organizations, households, and individuals directly producing rice on areas within the planned paddy land.

3. Application forms, procedures, and formalities for support:

Rice producers submit a request for support according to Model No. 1 attached to this Circular to the People's Committee of the commune where they produce rice for review, inspection, and compilation of lists, then send all application files to the specialized department responsible for agricultural management at the district level (hereinafter referred to as the specialized department at the district level). The specialized department at the district level shall take the lead in coordinating with the Financial and Planning Department at the district level to appraise the application files, compile reports, and submit them to the People's Committee of the district for reporting to the Department of Finance and the Department of Agriculture and Rural Development. Based on this, the Department of Finance shall take the lead in coordinating with the Department of Agriculture and Rural Development to compile and report to the People's Committee of the province on the implementation of the support policy for rice producers in the locality for approval by the People's Committee of the province and delegation to the People's Committee of the district to issue decisions regarding the list and amount of support for each organization, household, and individual producing rice.

Based on the decision of the People's Committee of the district, the People's Committee of the commune shall publicly post and announce the list and amount of support for rice producers in accordance with Circular No. 54/2006/TT-BTC dated June 19, 2006, of the Ministry of Finance guiding the implementation of regulations on publicizing direct state budget support for individuals and communities. The specialized department at the district level shall be responsible for managing and settling the support funds for rice producers and authorize the People's Committee of the commune to organize the payment of support money to rice producers.

The People's Committee of the province shall specify the timing and number of annual support sessions suitable for local conditions.

4. In cases where rice producers suffer losses due to natural disasters or epidemics, they shall be supported by the state budget with fertilizers and plant protection chemicals as follows:

a) For planting areas within 45 days suffering losses over 70%, supporting VND 2,500,000 per hectare; suffering losses between 30-70%, supporting VND 1,750,000 per hectare.

b) For planting areas over 45 days suffering losses over 70%, supporting VND 5,000,000 per hectare; suffering losses between 30-70%, supporting VND 3,500,000 per hectare. The organization and implementation of support for fertilizers and plant protection chemicals for rice producers suffering losses due to natural disasters or epidemics shall be carried out in accordance with Article 5 of Circular No. 187/2010/TT-BTC dated November 22, 2010, of the Ministry of Finance on mechanisms and policies to support crop and livestock seeds and aquaculture to restore production in disaster-stricken areas.

5. Additionally, rice producers shall also be supported for costs related to clearing and improving paddy land as stipulated in Clause 5, Article 4 of this Circular.

6. The mechanism for central government budget support to local budgets to implement the support policy for rice producers as prescribed in Clause 5, Article 11 of Decree No. 42/2012/NĐ-CP.

Article 4. Management and use of funds for improving the quality of rice cultivation land and developing the rice cultivation land fund

1. Based on the land use planning and plans for rice cultivation land in each period approved by the competent authority at the local level, the People's Committees of provinces and centrally governed cities shall direct the People's Committees of districts to develop plans for reclaiming, restoring, and improving low-quality rice cultivation land and other agricultural land in the locality to improve the quality of rice cultivation land and supplement the lost area of rice cultivation land in the locality (for both the entire period and each year); submit these plans to the Department of Agriculture and Rural Development for consolidation and report to the provincial People's Committee for approval.

2. Organizations and individuals who are assigned or lease land for non-agricultural purposes from specialized rice cultivation land according to Clause 3, Article 4 of Decree No. 42/2012/NĐ-CP must develop plans for using the surface layer of the tillage layer to improve low-quality rice cultivation land and other agricultural land, and plans for compensating and supplementing the lost area of specialized rice cultivation land due to changes in land use purposes; submit these plans to the Department of Agriculture and Rural Development for submission to the provincial People's Committee for approval; if these plans cannot be implemented, they must pay the funds to the provincial People's Committee of centrally governed cities to organize the reclamation, restoration, and improvement of low-quality rice cultivation land and other agricultural land in the locality; the amount of funds to be paid shall be decided by the provincial People's Committee.

3. The cost of removing the surface layer of the tillage layer and compensating for the lost area of specialized rice cultivation land due to changes in land use purposes shall be included in the project investment costs.

4. Annually, based on the development funds for rice cultivation land that organizations and individuals assigned land have submitted, the provincial People's Committee shall allocate funds to implement reclamation, restoration, and improvement of land and compensate for the lost area of specialized rice cultivation land due to changes in land use purposes according to the approved plans.

5. The level of support for reclamation and land improvement:

a) Support 70% of the costs for reclaiming and improving unused land into rice cultivation land or improving other rice land into specialized rice cultivation land;

b) Support 100% of rice seeds in the first year for production on newly reclaimed rice cultivation land;

c) Support 70% of rice seeds in the first year for production on other improved rice land converted into specialized rice cultivation land. The level of support for reclamation and land improvement costs and rice seeds shall be decided by the provincial People's Committee; the support funds come from the organizations and individuals' payments to the locality as stipulated in Clause 2 of this Article; in cases where the organization and individual payments do not meet the needs for reclamation and land improvement support funds, localities with budget difficulties may send documents requesting central government support according to Clause 5, Article 11 of Decree No. 42/2012/NĐ-CP.

Article 5. Budget Preparation, Execution, and Settlement:

1. On Budget Preparation:

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b) For support funds for localities and rice producers as stipulated in Clause 2, Article 10 and Clauses 1 and 5, Article 11 of Decree No. 42/2012/NĐ-CP: From 2012 to 2015, the central government will supplement the local budget with targeted funds for implementation. Annually, based on statistical data on the area of rice cultivation land and the situation of rice production in the previous year, the provincial People's Committee shall guide subordinate units to prepare the budget estimate and submit it to the Department of Agriculture and Rural Development for consolidation and submission to the Department of Finance and the Department of Planning and Investment for inclusion in the local budget estimate, and to the Ministry of Finance and the Ministry of Planning and Investment for reporting the state budget estimate for the planned year.

After the Prime Minister allocates the supplementary budget for implementing the policy of supporting local rice production and supporting rice producers, based on the allocated budget, the provincial People's Committee shall present it to the People's Council at the same level for allocation of these funds to invest in developing agriculture and rural areas as prescribed.

2. Implementation and settlement of the budget. The implementation and settlement of support funds for protecting and developing rice cultivation land shall be carried out in accordance with the current provisions of the State Budget Law, guiding documents of the Law, and the current State Budget Manual.

Article 6. Implementation Provisions

1. This Circular shall take effect from January 10, 2013.

2. The regulations stipulated in this Circular shall be implemented from July 1, 2012.

During the implementation process, if there are difficulties, relevant ministries, central agencies, and localities shall report to the Ministry of Finance for timely consideration and resolution./.