Decree No. 35/2015/ND-CP on Management and Use of Rice Cultivation Land

DECREE

On the management and use of rice-growing land

Pursuant to the Law on Organization of the Government dated December 25, 2001;

The Government issues this Decree on management and development of industrial clusters.

Pursuant to Resolution No. 17/2011/QH13 dated November 22, 2011 of the Thirteenth National Assembly on Land Use Planning until 2020 and the Five-Year Land Use Plan (2011-2015) at the national level;

At the request of the Minister of Agriculture and Rural Development,

The Government promulgates this Decree on the management and use of rice-growing land.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management and effective use of rice-growing land; support policies for localities to grow rice to protect and develop rice-growing land nationwide.

Article 2. Applicability

Agencies, organizations, households, individuals within the country, and foreign organizations and individuals related to the management and use of rice-growing land.

Article 3. Explanation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Rice-growing land is land with conditions suitable for growing rice, including dedicated rice-growing land and other rice-growing land.

2. Dedicated rice-growing land is land that can grow two or more rice crops in a year.

3. Other rice-growing land includes remaining rice-growing land and upland rice-growing land.

4. Remaining rice-growing land is land suitable for growing only one rice crop in a year.

5. Causing pollution of rice-growing land means activities introducing harmful chemicals, microorganisms, and parasites into the soil, changing its structure and composition, adversely affecting rice production, rice quality, human and animal health, and the environment.

6. Causing degradation of rice-growing land means activities causing erosion, leaching, acidification, salinization, alkalization, drought, etc., reducing soil fertility and nutrient balance, leading to reduced rice yield.

7. Altering the topography of rice-growing land means activities changing the surface of the paddy fields, making them uneven in structure, nutrient composition, and microbial system, thus unsuitable for growing rice.

8. Annual plants are types of plants sown, harvested, and completing their production cycle within one year, including perennial plants retained for harvest not exceeding five years.

9. Perennial plants are types of plants sown once, growing, and yielding over multiple years.

10. Combined aquaculture on rice-growing land is a form combining rice cultivation with aquaculture, including planting one rice crop and one aquaculture crop or simultaneously planting rice while engaging in aquaculture.

Chapter II
MANAGEMENT AND USE OF RICE-GROWING LAND

a) Not losing the conditions suitable for returning to rice cultivation: Not altering the topography, not causing pollution or degradation of rice-growing land; not damaging transportation infrastructure and irrigation facilities serving rice cultivation;

b) Consistent with the plan for changing the crop structure from rice cultivation to annual plant cultivation or combined rice cultivation and aquaculture on rice-growing land of the commune (hereinafter referred to as the plan for changing the crop structure on rice-growing land);

c) In cases of simultaneous rice cultivation and aquaculture, it is permissible to use up to 20% of the area of rice-growing land to lower the ground level for aquaculture, but capable of restoring the ground level when reverting to rice cultivation.

2. The land user registers the change in the crop structure on rice-growing land with the People's Committee of the commune. The People's Committee of the commune examines the suitability with the conditions stipulated in Clause 1 of this Article when receiving the registration and monitors the use of rice-growing land.

3. Rice-growing land that changes its crop structure in accordance with the provisions of Clause 1 and Clause 2 of this Article will still be recorded as rice-growing land, except for areas of rice-growing land completely converted to annual plant cultivation or aquaculture.

1. Persons granted land by the State for lease for non-agricultural purposes from land dedicated to rice cultivation must comply with laws on land and pay a sum of money to protect and develop rice-growing land.

2. Depending on specific conditions at the local level, the People's Committee of the province shall determine the specific amount to be paid but not less than 50% of the amount determined based on the area of land dedicated to rice cultivation being converted to non-agricultural land multiplied by the price of rice-growing land according to the Land Price Table at the time of conversion of land use purpose.

3. Persons granted land by the State for lease shall prepare a declaration of the amount to be paid corresponding to the area of land dedicated to rice cultivation granted by the State and pay it into the provincial budget in accordance with regulations.

Article 6. Responsibilities of land users for rice-growing land

1. Use the land in accordance with the approved land use planning and plan for rice-growing land.

2. Use the land efficiently, without leaving it idle, and without polluting or degrading rice-growing land. Violations will be handled according to the provisions of the law on administrative violations in the field of land.

3. Cultivate using appropriate techniques, implement crop rotation and multiple cropping to increase production efficiency; improve soil fertility and protect the ecological environment.

4. Land users for rice-growing land shall exercise their rights and fulfill their obligations during the period of land use in accordance with the provisions of the law on land and other relevant laws.

5. When changing the structure of crops on rice-growing land:

a) Must register with the People's Committee of the commune in accordance with Clause 2, Article 4 of this Decree;

b) Shall not damage irrigation systems, internal roads, and adversely affect rice production in adjacent areas;

c) In case of damage to irrigation systems, internal roads, timely remedial measures must be taken and compensation must be provided if it adversely affects the rice production of households in adjacent areas;

d) In case of temporary salinity contamination of the land during the freshwater aquaculture season, measures must be taken to restore the land for immediate rice planting after the aquaculture season.

6. When changing the purpose of use of rice-growing land:

a) Must comply with the provisions of the law on land regarding the conditions for changing the purpose of use of rice-growing land and the provisions of Article 5 of this Decree;

b) Apply preventive and control measures against pollution and degradation of the land and water environment, without affecting rice production in adjacent areas. If adverse effects occur, timely remedial measures must be taken and compensation for damages must be provided.

Chapter III

SUPPORT POLICY TO PROTECT RICE-GROWING LAND

AND RURAL DEVELOPMENT PROTECTION OF RICE-GROWING LAND

Article 7. Support for localities producing rice

1. Based on the area of rice-growing land, the state budget prioritizes support for rice production in localities (including investment and recurrent expenses) through the state budget allocation standard decided by the competent authority in accordance with the Law on State Budget.

2. In addition to the current state budget support, localities producing rice also receive state budget support as follows:

a) Support of 1,000,000 VND per hectare per year for specialized rice-growing land;

b) Support of 500,000 VND per hectare per year for other rice-growing land, excluding self-expanded rice terraces not in accordance with the planning and plans for rice-growing land use.

3. The area of rice-growing land eligible for support is determined based on the land statistics data of provinces and centrally-administered cities announced by the Ministry of Natural Resources and Environment of the year immediately preceding the budget allocation year.

4. Support for reclaiming and improving rice-growing land:

a) Support of 10,000,000 VND per hectare of rice-growing land, excluding reclaimed rice terraces from unused land or restored from abandoned land. In cases where there are different provisions, the principle that each piece of land is only supported once applies, with the support amount decided by the People's Committee of the province;

b) Support of 5,000,000 VND per hectare of specialized rice-growing land improved from single-crop rice-growing land or other crops in accordance with the planning and plans for rice-growing land use.

5. Sources and mechanisms of support:

a) For localities receiving additional balance from the central budget and Quang Ngai Province, 100% of the funding is supported;

b) For localities redistributing revenue shares to the central budget below 50%, 50% of the funding is supported;

c) The remaining localities use their own budgets to implement.

6. The People's Committee of the province manages and allocates the supported budget funds to implement the protection and development of rice-growing land.

The People's Committees at all levels shall use the funds paid by those to whom the State has assigned land for non-agricultural purposes from specialized rice-growing land, and the support funds as prescribed in Clause 2, Article 7 of this Decree, to implement the protection and development of rice-growing land suitable to local conditions:

1. Planning and mapping out high-yield, high-quality specialized rice-growing areas in accordance with land use plans and plans; publicly announcing them for implementation.

2. Analyzing the chemical and physical quality of high-yield, high-quality specialized rice-growing areas on a ten-year cycle to use effectively and take appropriate measures to improve the land.

3. Improving the quality of specialized rice-growing land or remaining rice-growing land: Increasing the depth of the cultivation layer; raising low-lying rice-growing land; increasing the flatness of the paddy fields; applying organic fertilizers, microbial organic fertilizers, lime; flushing acidity and salinity for land affected by acid sulfate and salt, and other land improvement measures.

4. Investing in construction, maintenance, and repair of agricultural infrastructure in rural areas within the commune, prioritizing investment in transportation and irrigation systems on rice-growing land.

5. Developing unused land into specialized rice-growing land or remaining rice-growing land.

6. Directly supporting rice growers to apply new varieties, advanced technologies, and new production techniques; supporting production linkage and product marketing.

Chapter IV
IMPLEMENTATION

Article 9. Ministry of Agriculture and Rural Development

1. Directing the organization of rice production and crop structure adjustment on rice-growing land according to this Decree and related documents.

3. Drafting proposals and policies to support crop structure adjustment on rice-growing land for approval by competent authorities.

1. Compiling and balancing the demand for rice-growing land from ministries, sectors, and provinces and centrally-administered cities; proposing national-level rice-growing land usage indicators for each economic and social region and provincial administrative units, including the demand for land use from rice-growing land, the area of rice-growing land converted to other uses.

2. Guiding the provincial People's Committees to specifically determine the area and boundaries of rice-growing land on-site, and to prepare maps of rice-growing land.

3. Annually compiling and reporting to the Prime Minister on the management and use of rice-growing land by localities.

4. Leading and coordinating with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to inspect and supervise the management and use of rice-growing land in localities nationwide.

Article 11. Ministry of Finance

1. Balancing the regular budget sources to support localities in rice production.

2. Leading and coordinating with the Ministry of Planning and Investment and the Ministry of Agriculture and Rural Development to allocate state budget capital to localities engaged in rice production.

3. Leading and coordinating with the Ministry of Agriculture and Rural Development to guide the submission, management, and allocation of revenue sources as prescribed in Article 5 and support funds as prescribed in Clause 2, Article 7 of this Decree.

Article 12. Other Ministries and Agencies

Other Ministries and Agencies shall, within their assigned functions and tasks, be responsible for coordinating with the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment, the Ministry of Finance, and the Ministry of Planning and Investment to implement the relevant provisions of this Decree.

1. Implement local contents on the management and use of rice-growing land as prescribed by this Decree and other related legal documents.

3. The Chairman of the People's Committee of provinces and central cities shall be responsible under the law and the Government for protecting the area, boundaries, and quality of rice-growing land according to the approved land use planning and plans.

5. Based on specific conditions of the locality, decide on additional support policies outside the provisions of this Decree to effectively manage and utilize rice-growing land.

7. Conduct inspections and checks on the management and use of rice-growing land in the locality.

Chapter V
IMPLEMENTING PROVISIONS

Article 14. Transitional Provisions

Support policies for localities producing rice and for rice producers as prescribed in Articles 10 and 11 of Decree No. 42/2012/NĐ-CP shall continue to be implemented until December 31, 2015.

Article 15. Implementation Provisions

1. This Decree replaces Decree No. 42/2012/NĐ-CP dated May 11, 2012 on the management and use of rice-growing land and shall take effect from July 1, 2015.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of People's Committees of provinces and central cities, and related organizations and individuals shall be responsible for implementing this Decree./.