Circular No. 27/2011/TT-BNNPTNT on criteria and procedures for issuing certificates for farm economies

CIRCULAR

Regulations on criteria and procedures for issuing farm economy certificates

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Based on Decree No. 01/2008/ND-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009, of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008, of the Government;

Based on Decree No. 41/2010/ND-CP dated April 12, 2010, of the Government on credit policies to serve agricultural and rural development;

The Ministry of Agriculture and Rural Development guides the criteria and procedures for issuing farm economy certificates as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the criteria for determining farm economies, procedures for issuing, reissuing, replacing, and revoking farm economy certificates.

Article 2. Applicability

1. Individuals and households engaged in agricultural, forestry, and aquaculture production activities that meet the criteria for determining farm economies as prescribed in this Circular;

2. Other organizations and individuals related to the issuance, reissuance, replacement, and revocation of farm economy certificates.

Article 3. Classification of Farms

1. Farms are classified according to the field of production as follows:

a) Crop farms;

b) Livestock farms;

c) Forestry farms;

d) Aquaculture farms;

đ) Integrated farms.

2. Specialized farms (crop cultivation, animal husbandry, forestry, aquaculture) are farms where the value of agricultural commodity output from a single industry accounts for more than 50% of the total value of the farm's commodity output in a year. In cases where no single industry accounts for more than 50% of the total value of the farm's commodity output, it is called an integrated farm.

Article 4. Rights and Obligations of Farm Owners

Farm owners enjoy incentive and support policies for development and have the responsibility to fully comply with current obligations as prescribed.

Chapter II

CRITERIA FOR DETERMINING FARM ECONOMIES

Article 5. Criteria for Determining Farm Economies

Individuals and households engaged in agricultural, forestry, and aquaculture production must meet the following conditions to be considered farm economies:

1. For crop cultivation and aquaculture facilities, and general production facilities, they must meet:

a) An area exceeding the land limit, with a minimum of:

- 3.1 hectares for the Southeast and Mekong Delta regions;

- 2.1 hectares for other provinces.

b) A value of commodity output of at least 700 million VND per year.

2. For livestock facilities, the value of commodity output must be at least 1 billion VND per year;

3. For forestry production facilities, the minimum area must be 31 hectares, and the average value of commodity output must be at least 500 million VND per year.

Article 6. Adjustment of Criteria for Determining Farm Economies

The criteria for determining farm economies will be adjusted to suit the economic and social conditions of the country during each period and remain stable for a minimum of five years.

Chapter III

PROCEDURES FOR ISSUING AND REVOKING FARM ECONOMY CERTIFICATES

ECONOMIC FARMING ENTERPRISE

Article 7. Authority for Issuing, Reissuing, Replacing, and Revoking Farm Economy Certificates

The People's Committee of districts, towns, cities under provincial jurisdiction (hereinafter referred to collectively as the People's Committee of district level) is the authority responsible for issuing, reissuing, replacing, and revoking farm economy certificates.

Article 8. Documents for Application to Obtain a Farm Economy Certificate

1. The application form for obtaining a farm economy certificate shall be carried out according to the model prescribed in Appendix II attached hereto;

2. A certified copy of the land use right certificate or agricultural, forestry, or aquaculture lease contract. For individual or household land areas currently in use but not yet issued with a land use right certificate, such areas must be confirmed by the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee of the commune) where the land is located as being stably used by the current user without dispute.

Article 9. Documents for Application to Replace a Farm Economy Certificate

1. The farm owner is responsible for submitting an application to replace a farm economy certificate in the following cases:

a) Changing the name of the farm owner;

b) Changing the production sector of the farm.

2. Documents for Application to Replace a Farm Economy Certificate:

a) The application form for replacing a farm economy certificate shall be carried out according to the model prescribed in Appendix III attached hereto;

b) The previously issued farm certificate;

c) A valid copy of the document proving the change in the farm owner's name in the case of changing the farm owner's name.

Article 10. Procedures for Issuing and Replacing a Farm Economy Certificate

1. Individuals, households, or authorized representatives shall submit one set of documents as prescribed in Article 8 (for new applications) or Article 9 (for replacement applications) of this Circular at the People's Committee of the commune where the farm is located.

In cases where the production facility spans multiple communes, individuals or households may choose the most convenient People's Committee of the commune to submit their documents. For replacements, the farm owner shall submit the documents to the People's Committee of the commune that originally issued the farm economy certificate.

2. Upon receiving complete documents as stipulated in this Circular and ensuring all information is fully filled out in the application form for issuing or replacing a farm economy certificate, the People's Committee of the commune shall issue a receipt to the applicant specifying the date for result delivery.

3. Within five working days from the date of receiving the documents, the People's Committee of the commune shall verify and confirm the application form for issuing or replacing a farm economy certificate and transfer the application documents to the People's Committee of the district.

If the application form for issuing or replacing a farm economy certificate is not confirmed, the People's Committee of the commune must provide a written response stating the reasons within three working days from the date of receiving the complete documents.

4. The People's Committee of the district shall issue or replace a farm economy certificate according to the model prescribed in Appendix I attached hereto for individuals or households within three working days from the date of receiving the documents transferred from the People's Committee of the commune, provided that the following conditions are met:

a) Complete documents as prescribed in Articles 8 and 9 of this Circular;

b) Meeting the criteria for determining a farm economy as prescribed in Article 5 of this Circular.

After issuance, the farm economy certificate shall be delivered to the People's Committee of the commune and returned to the farm owner within five working days from the date of issuing the farm economy certificate. In cases where the certificate is not issued or replaced, the People's Committee of the district must send a written notice to the People's Committee of the commune explaining the reasons for informing the applicant.

5. If, after thirteen working days from the date of submitting complete documents, the applicant has not received the farm economy certificate or notification of non-issuance or non-replacement, the applicant has the right to lodge a complaint in accordance with the laws on complaints and denunciations.

Article 11. Reissuing the Economic Farm Certificate

In cases where the Economic Farm Certificate is lost, burned, torn, or deteriorated, the farm owner shall submit an application for reissuance of the Economic Farm Certificate according to the form prescribed in Appendix IV attached to this Circular and the previously issued Economic Farm Certificate (in case of tearing or deterioration) to the People's Committee of the district where the Economic Farm Certificate was originally issued to the individual or household.

The People's Committee of the district shall issue a new Economic Farm Certificate within five working days from the date of receiving all necessary documents.

Article 12. Revocation of the Economic Farm Certificate

1. The Economic Farm Certificate shall be revoked in the following cases:

a) The farm ceases its production activities;

b) The farm's land area decreases below the specified level or fails to meet the standard value of agricultural, forestry, and aquatic products over three consecutive years.

2. The People's Committee of the commune has the responsibility to report to the People's Committee of the district to make a decision to revoke the Economic Farm Certificate.

3. The decision to revoke the Economic Farm Certificate shall be sent to the farm owner and the People's Committee of the commune where the farm's Economic Farm Certificate is being revoked.

Chapter IV

IMPLEMENTATION

Article 13. Implementation Organization

1. The People's Committees of provinces and centrally governed cities are responsible for directing and organizing the implementation of this Circular.

2. District People's Committee:

a) Implementing the issuance, replacement, reissuance, and revocation of the Economic Farm Certificate in their respective districts;

b) Annually reporting to the provincial state management agency on farms about the situation of issuing, replacing, and revoking the Economic Farm Certificate in their respective districts.

3. The People's Committees of communes have the responsibility to guide the procedures and formalities for issuing, replacing, and reissuing the Economic Farm Certificate for households and individuals who need it; receive applications; check and confirm the application forms for issuing and replacing the Economic Farm Certificate; transfer the applications to the People's Committee of the district; receive results from the People's Committee of the district and return them to the applicants; store information and monitor the production status of farms in their areas; if there are changes in the type of production, ownership, or scale of production, they must notify the farm owner to process the replacement procedures and report to the People's Committee of the district to make a decision to revoke the Economic Farm Certificate as stipulated.

4. Departments of Agriculture and Rural Development, Statistics Bureaus of provinces and centrally governed cities are responsible for annually compiling the development situation of economic farms and the issuance of Economic Farm Certificates in their localities and reporting to the Ministry of Agriculture and Rural Development and the General Statistics Office.

Article 14. Implementation clause

1. The Economic Farm Certificates issued based on the old criteria will cease to be valid from the date this Circular takes effect. Farms that require issuance of the Economic Farm Certificate must follow the new application procedures as stipulated in this Circular.

2. This Circular takes effect 45 days from the date of signature and replaces Circular Joint Circular No. 69/2000/TTLT/BNN-TCTK dated June 13, 2000, of the Ministry of Agriculture and Rural Development and the General Statistics Office on guiding criteria for determining economic farms and Circular No. 74/2003/TT-BNN dated July 4, 2003, of the Ministry of Agriculture and Rural Development amending and supplementing Part III of Joint Circular No. 69/2000/TTLT/BNN-TCTK.

During the process of implementation, if there are emerging issues or difficulties, localities should reflect them to the Ministry of Agriculture and Rural Development for timely supplementation and amendment./.