Circular No. 35/2016/TT-BNNPTNT guiding the implementation of criteria for recognizing new rural districts during the period of 2016-2020

 

CIRCULAR

GUIDELINES FOR IMPLEMENTING THE CRITERIA FOR ACHIEVING NEW RURAL COMMUNITIES IN THE PERIOD OF 2016-2020

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 558/QD-TTg dated April 5, 2016 of the Prime Minister on issuing the criteria for new rural communities and regulations for towns and provincial-level cities to complete the construction of new rural communities;

At the proposal of the Director-Chairman of the Office of the Central Steering Committee for New Rural Areas Construction and the Head of the Legal Department;

The Minister of Agriculture and Rural Development issues this Circular guiding the implementation of the criteria for achieving new rural communities in the period of 2016-2020.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of the criteria for achieving new rural communities in the period of 2016-2020, serving as a basis for evaluating and recognizing the achievement of each criterion for new rural communities and for recognizing counties that have achieved the standard of new rural communities as stipulated in Decision No. 558/QD-TTg dated April 5, 2016 of the Prime Minister.

Article 2. Applicability

This Circular applies to all counties throughout the country; relevant agencies, units, organizations, and individuals participating in the National Target Program for Building New Rural Communities in the period of 2016-2020.

Chapter II
CONTENTS OF THE CRITERIA FOR ACHIEVING NEW RURAL COMMUNITIES

Article 3. Planning Criteria

A county meets the planning criteria when it satisfies the requirement: Having a regional development plan for the county approved by the competent authority according to the Law on Construction 2014 and publicly announced; having management regulations for construction in accordance with the approved plan.

The regional development plan for the county must meet the requirements regarding the content and tasks of the regional development plan as stipulated in Articles 6, 7, and 8 of Decree No. 44/2015/NĐ-CP dated May 6, 2015 of the Government detailing certain aspects of planning for construction. The regional development plan must ensure the requirements for restructuring the agricultural sector and building new rural communities in the period of 2016-2020, including:

1. Orientation for planning the development of agricultural production in line with the restructuring of the agricultural sector, including planning for the production of key agricultural products with strengths and advantages for development in the county;

2. Organization and orientation for the system of central facilities at the county level linked with urban development, industrial clusters, central service and trade facilities at the county level, and services supporting agricultural production in line with the restructuring of the agricultural sector and large-scale commodity production;

3. Identification and organization of the system of rural residential areas, including concentrated residential areas for new population growth;

4. Identification of areas for non-agricultural production in a concentrated manner, conducive to infrastructure construction and environmental treatment; systems of warehouses, centralized livestock farms at the county level, and inter-commune levels;

5. Identification and organization of social infrastructure systems (education, healthcare, culture, sports, and information communication) within the county;

6. Setting goals and measures for environmental protection;

7. Infrastructure technical orientation includes:

a) Transportation: Determining the full system of district roads, commune roads, and connecting roads to production areas according to Decision No. 4927/QĐ-BGTVT dated December 25, 2014 of the Ministry of Transport on "Guidelines for Selecting Technical Specifications for Rural Roads Serving the National Target Program on Building New Rural Communities in the Period of 2010-2020";

b) Water supply: Determining water sources and balancing water resources, centralized and decentralized water supply areas; centralized water supply stations and water treatment plants;

c) Drainage: Determining drainage basins, drainage networks, and framework solutions for drainage and wastewater treatment within the county;

d) Electricity: Determining the medium voltage power grid system meeting operational parameters in the distribution network;

đ) Environment: Determining long-term cemetery development systems up to the commune level; frameworks for waste collection and treatment systems;

e) Irrigation: Determining irrigation networks according to the irrigation sector's planning, meeting the requirements for adapting to climate change.

Article 4. Transportation Criteria

A district meets the transportation criteria when it satisfies the following requirements:

1. Roadways

a) All kilometers of district roads managed by the district ensure convenient year-round automobile travel and connect to the administrative centers of communes within its territory; the ratio of paved or cemented road surfaces reaches 100%.

b) The technical grade of district roads complies with the standard set forth in TCVN 4054:2005; the grade of district roads is consistent with approved planning.

c) The bridge and culvert systems on district roads are constructed solidly and appropriately match the planned road grades.

d) All kilometers of district roads managed by the district are maintained annually.

2. Waterways (if applicable): Inland waterways managed by local authorities have installed safety signaling systems ensuring convenience for vessel traffic. Inland waterway ports serving passenger and cargo transport must meet safety conditions and be permitted to operate.

3. Transport: Bus stations at the district center (if planned) must minimally reach Class 4; stop and parking points should be arranged at commune centers along national highways, provincial roads, and district roads according to planned public passenger transport routes.

4. The Provincial People's Committee bases its specific regulations on the provisions of the Ministry of Transport in Decision No. 1509/QĐ-BGTVT dated July 8, 2011 regarding approval of the Rural Transport Development Strategy for Vietnam until 2020, vision until 2030, and Decision No. 4927/QĐ-BGTVT dated December 25, 2014 concerning issuance of "Guidelines for Selecting Technical Scale of Rural Transport Infrastructure for the National Target Program on New Rural Area Construction from 2010 to 2020" to suit local actual conditions.

Article 5. Irrigation Criteria

A district meets the irrigation criteria when it satisfies the following requirements:

1. Inter-commune irrigation systems (including related irrigation works directly connected in terms of exploitation and protection involving two or more communes) are constructed in accordance with approved irrigation planning.

2. There is an effective and sustainable organization managing the inter-commune irrigation system:

a) Established in accordance with current regulations;

b) Manages the system in accordance with approved plans, ensuring fair and reasonable water distribution and drainage;

c) Implements the approved irrigation facility protection plan.

Article 6. Electricity Criteria

A district meets the electricity criteria when it satisfies the requirement: Medium voltage power system infrastructure projects invested in the district according to planning ensure safe electricity supply meeting standards and satisfying the county’s economic and social development needs as guided by the Ministry of Industry and Trade.

Article 7. Health-Culture-Education Criteria

A district meets the health-culture-education criteria when it satisfies the following requirements:

1. The district hospital meets the standard of a third-class hospital as stipulated in Circular No. 23/2005/TT-BYT dated August 25, 2005 of the Ministry of Health on guidelines for ranking medical service units.

2. The district health center meets national standards when it ensures requirements for facilities, equipment, and staff as guided by the Ministry of Health.

3. The district Cultural-Sports Center meets standards and conducts many cultural-sports activities effectively connecting with communes when it satisfies requirements as prescribed by the Ministry of Culture, Sports and Tourism in Circular No. 01/2010/TT-BVHTTDL dated February 26, 2010 issuing Regulations on Organization and Operation of Organizations Engaged in Cultural, Sports and Tourism Activities in Districts, Counties, Municipalities Directly Under Provinces, and Circular No. 11/2010/TT-BVHTTDL dated December 22, 2010 specifying criteria for Cultural-Sports Centers in Districts, Counties, Municipalities Directly Under Provinces.

4. At least 60% or more of high schools in the district meet national standards as stipulated by the Ministry of Education and Training.

High schools in the district include general high schools and multi-grade schools that include high school grades.

The ratio of high schools meeting national standards in the district is calculated as the percentage between the number of high schools meeting national standards and the total number of high schools in the district.

Article 8. Production Criteria

A district meets the production criteria when it satisfies the requirements set forth in Clause 1 or Clause 2 of this Article:

1. Establish concentrated agricultural production areas for key agricultural products of the district, ensuring:

a) The land and water area is large and spans multiple communes, in accordance with the regulations of each province, suitable to the actual conditions of the locality;

b) Uniform application of production processes that ensure food safety and sustainable development;

c) All stages of crop production are fully mechanized; all stages of livestock breeding and aquaculture production are mechanized in accordance with the regulations of each province, suitable to the actual conditions of the locality.

2. Have a production linkage model connected with processing and consumption of agricultural products, and implement the sale of at least 10% of the yield of key agricultural products of the district according to the plan. The linkage model is implemented in one of the following two forms:

a) There is a purchase contract for agricultural products signed between farmers and enterprises or organizations representing farmers, with a stable contract duration of two years or more.

b) There is a production linkage along the value chain based on a supply and consumption contract for agricultural products signed between farmers, organizations representing farmers, and enterprises along the value chain from production to procurement, processing, and consumption of agricultural products. In this process, enterprises or organizations representing farmers monitor the production process of farmers and provide input factors, capital, and technology to achieve the required agricultural product volume and quality, and sell agricultural products to farmers.

Article 9. Environmental Criteria

A district meets the environmental criteria when it satisfies the following requirements:

1. The system for collecting and treating solid waste in the district meets the standard when:

a) There is a management plan or project or scheme (reducing, sorting, collecting, transporting, reusing, recycling, treating) solid waste in the district approved and implemented, including construction projects, measures, personnel, equipment, and means that meet the requirements:

Collecting, transporting, storing, and treating solid industrial and household waste generated in the district in compliance with regulations if not reused, recycled, or treated locally through organic composting methods;

Sorting, separating, collecting separately, and isolating hazardous solid waste generated in the district during transportation and transfer to units responsible for treatment in accordance with laws on hazardous waste management;

Collecting, transporting, and treating all post-use pesticide packaging waste generated in the district in accordance with Circular Joint No. 05/2016/TTLT-BNNPTNT-BTNMT dated May 16, 2016 on guidelines for collecting, transporting, and treating post-use pesticide packaging;

Sorting, collecting, transporting, and treating medical solid waste in accordance with Circular Joint No. 58/2015/TTLT-BYT-BTNMT dated December 31, 2015 on medical waste management.

b) Solid waste treatment facilities in the district (if any) must have complete environmental files and procedures as stipulated in Point a, Clause 2 of this Article and must ensure:

Landfill sites for solid waste (if any) must comply with Vietnam's standards for landfill sites for solid waste (TCXDVN 261:2001); wastewater from landfills must meet national technical standards for landfill wastewater (QCVN 25:2009/BTNMT);

Industrial solid waste incinerators (if any) must comply with national technical standards for industrial solid waste incinerators (QCVN 30:2012/BTNMT);

Medical solid waste incinerators (if any) must comply with national technical standards for medical solid waste incinerators (QCVN 02:2012/BTNMT), and shall not be used to burn industrial or household solid waste;

Household solid waste incinerators (if any) must comply with national technical standards for household solid waste incinerators (QCVN 61-MT:2016/BTNMT), and shall not be used to burn industrial or medical solid waste.

2. Production, processing, and service establishments (industrial, craft villages, livestock breeding, food processing) comply with environmental protection regulations when:

a) They have complete environmental files and procedures, including:

An environmental impact assessment report, detailed environmental protection proposal, simple environmental protection proposal, environmental protection plan, or equivalent file as prescribed by environmental protection laws. For establishments listed in Appendix I of Decree No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing certain provisions of the Law on Environmental Protection, if they do not have the aforementioned files, they must prepare a report on environmental protection measures;

Hazardous waste source registration book, certificate of completion of environmental protection works, discharge permit for water into water sources (if applicable);

Environmental protection plans for objects regulated by Circular No. 31/2016/TT-BTNMT dated October 14, 2016 of the Ministry of Natural Resources and Environment on environmental protection in industrial clusters, business and service centers, craft villages, and production and business service establishments.

b) They have environmental protection infrastructure and measures to collect, sort, store, recycle, recover, or treat waste (wastewater, exhaust gas, solid waste) in compliance with regulations; fully and correctly implementing all environmental protection commitments stated in the above files.

c) Aquaculture establishments, in addition to the requirements in Points a and b of this Clause, must comply with local aquaculture planning and environmental protection regulations in aquaculture as stipulated in Article 71 of the Law on Environmental Protection.

d) Livestock farms and concentrated livestock areas, in addition to the requirements set forth in points a and b of this clause, must ensure veterinary hygiene conditions during animal husbandry as prescribed in Article 69 of the Environmental Protection Law, Article 69 of the Law on Animal Health, and Clause 11 of Decree No. 66/2016/NĐ-CP dated July 1, 2016 of the Government detailing conditions for investment and business regarding plant quarantine and protection; plant varieties; ordinary wildlife breeding; animal husbandry; aquaculture; food.

đ) Villages with traditional crafts on the territory, production facilities within craft villages must comply with regulations on environmental protection in craft villages as prescribed in Article 70 of the Environmental Protection Law, Chapter IV of Decree No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing implementation of certain provisions of the Environmental Protection Law, and Chapter III of Circular No. 31/2016/TT-BTNMT dated October 14, 2016 of the Ministry of Natural Resources and Environment on environmental protection in industrial clusters, centralized business and service zones, craft villages, and production, business, and service facilities.

e) The project investors constructing and operating infrastructure in industrial clusters, management boards of centralized business and service zones on the territory, facilities within industrial clusters, centralized business and service zones (excluding aquaculture facilities, livestock farms, and concentrated livestock areas) must have complete environmental documentation and procedures as stipulated in point a of this clause; at the same time, they must fully implement regulations on environmental protection in industrial clusters and centralized business and service zones as prescribed in Article 67 of the Environmental Protection Law and Circular No. 31/2016/TT-BTNMT dated October 14, 2016 of the Ministry of Natural Resources and Environment on environmental protection in industrial clusters, centralized business and service zones, craft villages, and production, business, and service facilities.

Aquaculture facilities; livestock farms and concentrated livestock areas within industrial clusters and centralized business and service zones must comply with the regulations set forth in point c or point d of this clause; at the same time, they must fully implement regulations on environmental protection in industrial clusters and centralized business and service zones as prescribed in Article 67 of the Environmental Protection Law and Circular No. 31/2016/TT-BTNMT dated October 14, 2016 of the Ministry of Natural Resources and Environment on environmental protection in industrial clusters, centralized business and service zones, craft villages, and production, business, and service facilities.

g) Project investors constructing and operating infrastructure in industrial parks on the territory, production, business, and service facilities within industrial parks (excluding aquaculture facilities, livestock farms, and concentrated livestock areas) must have complete environmental documentation and procedures as stipulated in point a of this clause; at the same time, they must fully implement regulations on environmental protection in industrial parks as prescribed in Article 66 of the Environmental Protection Law and Chapters III and IV of Circular No. 35/2015/TT-BTNMT dated June 30, 2015 of the Ministry of Natural Resources and Environment on environmental protection in economic zones, industrial parks, export processing zones, and high-tech zones.

Aquaculture facilities; livestock farms and concentrated livestock areas within industrial parks must comply with the regulations set forth in point c or point d of this clause; at the same time, they must fully implement regulations on environmental protection in industrial parks as prescribed in Article 66 of the Environmental Protection Law and Chapters III and IV of Circular No. 35/2015/TT-BTNMT dated June 30, 2015 of the Ministry of Natural Resources and Environment on environmental protection in economic zones, industrial parks, export processing zones, and high-tech zones.

Article 10. Social Security Criteria

A district meets the social security criteria when it satisfies the following requirements:

1. Annually, the District Party Committee issues a Resolution, and the District People's Committee develops a plan on security and public order work; directs the effective implementation of the mass movement to protect national security.

2. Does not allow prolonged mass protests or illegal appeals beyond jurisdictional levels.

3. There are no complex hotspots for public order; various types of crimes, social evils, and other violations of the law are continuously suppressed and reduced compared to the preceding years.

4. The armed forces of the district (Police, Local Militia; Self-Defense Forces) successfully fulfill their tasks of ensuring security and public order in the locality.

Article 11. Criteria for Directing New Rural Development

A district meets the criteria for directing new rural development when it satisfies the following requirements:

1. The Steering Committee for National Target Programs at the district level (if any) is organized and operates according to regulations when meeting the following requirements:

a) There is a Decision establishing and organizing the Steering Committee for National Target Programs at the district level by the competent authority;

b) There is a Regulation on operation and specific assignment of responsibilities to members of the Steering Committee for National Target Programs at the district level approved by the competent authority;

c) Directs, manages, controls, supervises, and evaluates the implementation of the contents of the National Target Program on new rural development within the district's territory in a timely, effective manner, and in accordance with regulations;

d) Directs the issuance of support mechanisms to promote villages in building new rural areas and directs the implementation of new rural district criteria on the local territory in line with actual conditions;

e) Prevents the occurrence of arrears in basic construction and does not mobilize more than the voluntary contribution capacity of the people during the process of implementing new rural development in the district;

f) Directs villages that have been recognized as meeting the new rural standards to develop and implement plans to improve the quality of new rural criteria effectively.

2. The Office coordinating the National Target Program on new rural development at the district level (referred to as the New Rural Office of the district) is organized and operates according to regulations when meeting the following requirements:

a) There is a Decision stipulating the functions, tasks, authorities, and organization of the New Rural Office of the district by the competent authority;

b) There is a Regulation on operation and specific assignment of responsibilities to members of the New Rural Office of the district approved by the competent authority;

c) Ensures the completion of all assigned functions and tasks in accordance with Decision No. 1920/QĐ-TTg dated October 5, 2016 of the Government Chairman on the functions, tasks, authorities, organizational structure, and staffing of the New Rural Coordination Office at all levels.

Chapter III
IMPLEMENTATION

Article 12. Responsibilities of Provincial People's Committees under the Central Government

1. Based on central regulations to concretize the content of implementing new rural district criteria; specifies the standard level for new rural districts for different groups of districts within the territory in line with actual local conditions but not lower than the provisions set out in this Circular.

2. Directs relevant departments responsible for leading and coordinating with related sectors to provide detailed guidance on the implementation, evaluation, and verification of each criterion and indicator within their administrative management scope based on specific guiding documents from central ministries and sectors.

Article 13. Transitional Provisions

For districts recognized as meeting new rural standards before the effective date of this Circular, the recognition results will be retained; the re-recognition of new rural districts will be carried out according to the provisions of this Circular and related documents.

Article 14. Effective Date

1. This Circular takes effect from February 8, 2017

2. Specific documents cited in this Circular will be applied according to newly issued documents when new regulatory documents come into force.

3. During the implementation process, if there are emerging issues or difficulties, localities should report to the Ministry of Agriculture and Rural Development for research, amendment, and supplementation to ensure appropriateness./.