Circular No. 30/2013/TT-BNNPTNT guides the construction of plans for using surface soil layers and compensating additional areas of specialized rice-growing land lost due to changes in land use purposes.

CIRCULAR

Guidelines for the development of plans for the use of surface soil layer and compensation for the area of specialized rice-growing land lost due to change in land use purpose rice paddies that were lost due to a change in land use purpose

 Pursuant to 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/NĐ-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;

Pursuant to the Land Law 2003;

Pursuant to the Land Law 2003;

At the proposal of the Director of the Crop Production Department,

The Minister of Agriculture and Rural Development issues this Circular guiding the development of plans for the use of the surface soil layer and compensation for the area of specialized rice-growing land lost due to change in land use purpose.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the establishment, examination, and approval of plans for the use of the surface soil layer of specialized rice-growing land when it is transferred for non-agricultural purposes to improve poor-quality rice-growing land, other agricultural land; plans for reclamation, restoration, and improvement of other rice-growing land to compensate for the loss of specialized rice-growing land due to change in land use purpose according to the decision on land allocation or lease by the competent authority (hereinafter referred to as the plan).

Article 2. Applicability

1. Domestic organizations and individuals, foreign organizations and individuals (investors) who are allocated or leased specialized rice-growing land by the State for non-agricultural purposes as prescribed in point c Clause 1 Article 5 of Decree No. 42/2012/NĐ-CP dated May 11, 2012 of the Government on management and use of rice-growing land.

2. Agencies, organizations, and individuals related to the appraisal, examination, and inspection of the implementation of the plan.

Article 3. Explanation of Terms

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

1. Cultivation layer is the surface soil layer of specialized rice-growing land with physical and chemical properties suitable for growing rice, varying in thickness according to the classification of rice land by the Ministry of Natural Resources and Environment.

2. Surface soil layer within the cultivation layer (hereinafter referred to as the surface soil layer) is the top layer of the cultivation layer of specialized rice-growing land that must be removed when the land is transferred for non-agricultural purposes to improve poor-quality rice-growing land, other agricultural land.

3. Using the surface soil layer means using the volume of soil removed from the surface soil layer of specialized rice-growing land when it is transferred for non-agricultural purposes to improve poor-quality rice-growing land, other agricultural land, or for reclamation, restoration, and improvement of other rice-growing land into specialized rice-growing land.

4. Poor-quality rice-growing land is rice-growing land exhibiting one or more unsuitable characteristics for the growth and development of rice such as:

a) The thickness of the cultivation layer is the thinnest category according to the classification of rice land by the Ministry of Natural Resources and Environment;

b) Physical and chemical properties less suitable for the growth and development of rice plants such as acidic, saline, alkaline, infertile, gray, sandy, swampy... soils;

c) Uneven field surface;

d) Low-lying field surface.

5. Other agricultural land is land used for growing crops other than rice.

Chapter II

ESTABLISHMENT, APPRAISAL, AND APPROVAL OF THE PLAN

Article 4. Using the surface soil layer to improve poor-quality rice-growing land and other agricultural land

Measures for using the surface soil layer to improve poor-quality rice-growing land and other agricultural land include:

1. Using the surface soil layer to improve poor-quality rice-growing land:

a) Increasing the thickness of the cultivation layer and improving the physical and chemical properties of rice-growing land with thin cultivation layers or unsuitable physical and chemical properties for the growth and development of rice plants such as infertile, gray, sandy soils;

b) Improving low-lying or uneven rice-growing land: raising the field base with soil, increasing the flatness of the field surface.

2. Using the surface soil layer to improve other agricultural land:

a) Raising the field surface with soil to reduce flooding;

b) Increasing the thickness and quality of the cultivation layer;

c) Supplementing soil into fields, gardens, orchards currently growing industrial crops, fruit trees, and other agricultural crops.

3. Using the surface soil layer to implement plans guided by Article 5 of this Circular or other appropriate plans based on local conditions.

Article 5. Reclamation, restoration, and transformation of other paddy fields into dedicated rice cultivation land

Measures to compensate for the loss of dedicated rice cultivation land area due to changes in land use purposes include:

1. Reclamation, restoration:

a) Constructing, improving, and upgrading irrigation and internal transportation systems within the field to ensure conditions for growing two rice crops per year or more;

b) Leveling the ground surface, creating suitable topsoil layers or improving soil physical and chemical properties to grow two rice crops per year or more.

2. Transformation of other paddy fields:

a) Raising low-lying paddy fields that only allow one rice crop per year to enable two rice crops per year;

b) Constructing and improving irrigation systems, adjusting field heights for rain-fed paddy fields or those without active irrigation, which only allow one rice crop per year, to enable two rice crops per year;

c) Constructing and transforming terrace paddy fields into terraced fields capable of growing two rice crops per year.

3. Implementing other appropriate plans consistent with local conditions to reclaim, restore, and transform other paddy fields into dedicated rice cultivation land.

Article 6. Establishing and Approving Comprehensive Plans for Reclamation, Restoration, and Transformation of Paddy Fields and Other Cultivation Land in Local Areas

1. Based on the land use planning and plans for paddy fields in each period approved by competent authorities, Provincial People's Committees direct District People's Committees to establish comprehensive plans for their respective areas (for both periods and annually); submit them to the Department of Agriculture and Rural Development for consolidation and report to the Provincial People's Committee for approval.

2. Content of the comprehensive plan:

a) Specify the thickness of the topsoil layer of dedicated rice cultivation land to be removed when its purpose is changed, suitable for different types of dedicated rice cultivation land in the province;

b) Determine the location, area, and delineation of low-quality paddy fields or other cultivation lands that need improvement using the removed topsoil from dedicated rice cultivation land when its purpose is changed;

c) Determine the location, area of land to be reclaimed, restored, and other paddy fields to be transformed into dedicated rice cultivation land to compensate for the loss of dedicated rice cultivation land when its purpose is changed.

3. The comprehensive plan must be established and approved simultaneously or no later than six (06) months after the local paddy field land use planning and plans have been approved.

4. The comprehensive plan shall be publicly announced at the offices of People's Committees at all levels and through local mass media.

Article 7. Establishing and Approving Specific Plans by Project Investors

1. Project investors base their specific plans on the land use planning, comprehensive plans of the locality, coordinate with local authorities, and agree with land users to develop specific plans for each project based on selecting appropriate measures as stipulated in Articles 4 and 5 of this Circular.

2. In cases where land users suffer losses from crops, structures on the land, or missed planting seasons due to implementing the plan, project investors shall negotiate with land users regarding compensation amounts according to current regulations, which will be included in the overall costs of implementing the plan.

3. If the locality has not yet approved the comprehensive plan as required by Article 6 of this Circular, the Provincial People's Committee directs relevant departments, District People's Committees, and Commune People's Committees to cooperate with project investors to negotiate with land users to determine the location, area, and delineation of land requiring improvement or reclamation and restoration, and approve the thickness of the topsoil layer to be removed so that investors can base their plans.

4. Review Documents

Investors directly send or mail two (02) sets of documents along with fees and charges as prescribed to the Department of Agriculture and Rural Development where the investor's project is located. The documents include:

a) A request for review of the plan according to the model attached and promulgated with this Circular;

b) Certified copies of related legal documents concerning investment policies and locations;

c) The plan including detailed explanations and basic design surveys conducted according to current regulations on basic construction investment; accompanied by extracts from land registry maps or land survey records of plots requiring topsoil removal and plots requiring improvement, reclamation, and restoration;

d) Compensation and support plan for land users in areas requiring improvement, reclamation, and restoration (if applicable).

5. Procedures and Time Limits for Resolution

a) The Department of Agriculture and Rural Development checks the completeness of the documents immediately upon receipt for direct submissions or within five (05) working days for mailed submissions. If the documents are complete, the Department accepts them; if incomplete, it requests supplements and improvements.

b) The Department of Agriculture and Rural Development leads and coordinates with the Department of Natural Resources and Environment to review the documents, conducting on-site verification if necessary, and prepares a review report. The review period starts from the date of receiving valid documents and lasts ten (10) working days or twenty (20) working days if on-site verification is required. If the documents do not meet requirements, the Department sends a letter to the investor requesting supplements and clarifications. The response time depends on the content needing supplementation and clarification and does not count towards the review period.

c) Approval of the Plan

For projects requiring investment registration confirmation or investment certificate issuance: The Department of Agriculture and Rural Development returns the review report to the investor for submission to the authority responsible for reviewing the project together with the project documents as prescribed. Based on the results of the project document review and the Department's review report, the project review authority submits the plan to the Provincial People's Committee for approval according to investment project approval regulations.

For other projects: The Department of Agriculture and Rural Development submits the reviewed plan to the Provincial People's Committee for approval.

Chapter III

IMPLEMENTATION

Article 8. Allocation of Responsibilities

1. Provincial People's Committee:

a) Direct specialized agencies, People's Committees at district and commune levels to develop overall plans for their respective localities; guide and coordinate with investors to negotiate with land users to establish specific plans for each project; inspect and accept the completion of plans that have been approved according to the law;

b) Approve overall plans for localities and specific plans for investors as prescribed;

c) Consolidate and report to the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment as required.

2. The Department of Agriculture and Rural Development:

a) Consolidate and submit to the provincial People's Committee for approval the overall plan for the locality;

b) Lead and coordinate with the Department of Natural Resources and Environment to review specific plans of investors;

c) Implement inspections on the implementation of plans that have been approved according to the laws on basic construction investment and as assigned by the provincial People's Committee;

d) Annually consolidate and report to the provincial People's Committee on the results of using surface soil layers; results of opening up, restoring, and improving rice cultivation land and other crop cultivation lands in localities within the province.

3. Crop Cultivation Department

a) To guide and inspect localities' implementation of this Circular;

b) Consolidate and report to the Ministry of Agriculture and Rural Development as required.

Article 9. Implementation Provisions

1. This Circular takes effect from July 26, 2013.

2. During the implementation process, if there are any difficulties, organizations and individuals shall report to the Ministry of Agriculture and Rural Development for timely consideration and resolution./.