Circular No. 38/2011/TT-BNNPTNT guiding the implementation of Decree No. 02/2010/NĐ-CP on agricultural extension.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 02/2010/NĐ-CP

dated January 8, 2010, of the Government on Agricultural Extension

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

Pursuant to Decree No. 02/2010/NĐ-CP dated January 8, 2010, of the Government on Agricultural Extension;

The Ministry of Agriculture and Rural Development issues guidelines for certain provisions of Decree No. 02/2010/NĐ-CP dated January 8, 2010, of the Government on Agricultural Extension, as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. This Circular provides guidance on the content and methods of agricultural extension activities; management of programs and projects funded from the central agricultural extension budget managed by the Ministry of Agriculture and Rural Development.

2. This Circular applies to organizations and individuals involved in organizing and managing central agricultural extension programs and projects.

Article 2. Interpretation of Terms

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

1. Central agricultural extension program is a collection of agricultural extension projects related to areas specified in point a, Clause 1, Article 1 of Decree No. 02/2010/NĐ-CP dated January 8, 2010, of the Government on Agricultural Extension, consistent with national strategies, plans, and master plans for agricultural and rural development.

2. Central Agricultural Extension Project is a specific project within the central agricultural extension program, with clear objectives implemented at regional, provincial, and national scales, specifically involving three provinces or more within a defined timeframe.

3. Regular Agricultural Extension Tasks are specific agricultural extension tasks carried out annually.

4. Demonstration Model is a component of an agricultural extension project aimed at applying scientific and technological advancements and/or management improvements at an appropriate scale to serve as a model for wider application.

5. Demonstration Site is the detailed implementation of a demonstration model at a concentrated location with a defined scale.

6. Leading organization is an organization directly assigned by the Ministry of Agriculture and Rural Development to direct the implementation of agricultural extension projects.

7. Project Leader is the person directly organizing the implementation of agricultural extension projects. The project leader must be affiliated with the main organizing body, and each individual may not lead more than two central agricultural extension projects simultaneously.

8. The Advisory Board is a board established by the Minister of Agriculture and Rural Development, tasked with advising the Minister on determining the list of agricultural extension programs and projects; selecting and reviewing organizations and individuals leading agricultural extension projects, and certifying the results of such projects.

The Board consists of seven members, including: the Chairman of the Board being a leader of the General Department or Sectoral Bureau, and other members comprising representatives from the Department of Science, Technology, and Environment, the National Agricultural Extension Center, the Department of Finance, and three experts in relevant fields. The number of members from the leading organization participating in the Board shall not exceed one person and must not be the Project Leader.

The Advisory Board operates according to regulations similar to those of scientific boards established by the Minister.

Chapter II

is an event organized for managers, scientists, businesses, and outstanding farmers to exchange experiences, provide advice, and answer farmers' and producers' questions online via radio and television.

Article 3. Training, instruction, and education

1. Recipients

a) Producers as defined in point a, Clause 2, Article 1 of Decree No. 02/2010/NĐ-CP dated January 8, 2010, of the Government, who have not participated in vocational training programs supported by the State;

b) Agricultural extension workers as defined in point c, Clause 2, Article 1 of Decree No. 02/2010/NĐ-CP dated January 8, 2010, of the Government.

2. Forms

a) Training and capacity building through demonstration models for participants and non-participants;

b) Training courses for producers and agricultural extension workers lasting no longer than one month and not exceeding thirty participants per course;

c) Compiling training materials, producing technical video/audio tapes, and implementing television training programs;

d) Participants in courses lasting seven days or more will receive a certificate from the course organizers.

3. Level of support

a) For trainees: according to current regulations of the State;

b) For lecturers and practical instructors: in accordance with the guidelines set out in point 1.3, sub-clause c, Clause 1, Article 5 of the 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.

Article 4. Information and propaganda

1. Mass media

a) Developing channels, programs, special sections, and agricultural extension news pages on television stations, radio stations, central and local newspapers;

b) Websites, electronic mailboxes for agricultural extension.

2. Publishing agricultural extension publications

Agricultural extension magazines, newsletters, leaflets, posters, films, brochures, technical books, and directories serving the needs of different groups of farmers and agricultural extension workers.

Article 5. Demonstration and replication of models

1. Content of demonstration and model replication

a) Summarizing and promoting good models from practical production, processing, circulation, and marketing experiences;

b) Establishing diverse and comprehensive agricultural extension models for various target groups in different regions and nationwide;

c) Establishing high-tech agricultural models at different levels suitable for local economic and ecological conditions.

2. Models and number of demonstrations

a) Each model is implemented in one province or centrally-administered city within the scope of the project; each model has two to five demonstration points, except for some special models: aquaculture models, high-tech agricultural models, hybrid seed production models;

b) Each demonstration point can be conducted up to twice for models with a cycle of six months or less; once for models with a cycle over six months, but not exceeding the project's duration;

c) Demonstration models using machinery and equipment can be conducted up to three models per year in each province.

3. Support level for demonstration models and participating households

a) Demonstration models for annual crops are supported with a maximum funding of 300 million VND per model per year and 30 million VND per household for the cost of seeds and essential materials;

b) Demonstration models for perennial industrial crops, fruit trees, and forestry crops are supported with a maximum funding of 400 million VND per model per year and 30 million VND per household for the cost of seeds and essential materials;

c) Demonstration models for livestock breeding are supported with a maximum funding of 400 million VND per model per year and 50 million VND per household for the cost of seeds and essential materials;

d) Demonstration models for aquaculture are supported with a maximum funding of 500 million VND per model per year and 70 million VND per household for the cost of seeds and essential materials;

đ) Demonstration models in other fields are supported in accordance with the provisions set out in point 3.2, Clause 3, Article 5 of the 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.

e) For special demonstration models, specific support levels will be decided by the Minister of Agriculture and Rural Development for each project.

Chapter III

DEVELOPMENT, REVIEW, AND APPROVAL OF CENTRAL AGRICULTURAL EXTENSION PROGRAMS AND PROJECTS

Article 6. Basis for Construction and Requirements for Central Agricultural Extension Programs and Projects

1. Basis for Construction of Central Agricultural Extension Programs and Projects

Central agricultural extension programs and projects shall be established based on the following foundations:

a) The Party's and State's policies on agricultural and rural development and the industry's development strategy;

b) Proposals from state management agencies, scientific and technological organizations, enterprises, associations, unions, and other organizations and individuals participating in agricultural extension activities;

c) Scientific research results, technological advancements, and technical progress recognized in Vietnam, both domestically and internationally; in cases where such technical progress belongs to organizations or individuals within or outside the country, the use thereof must comply with the Intellectual Property Law;

d) Contents of international cooperation related to agricultural extension activities.

2. Requirements for Central Agricultural Extension Programs and Projects

a) Clear and specific objectives that yield economic and social benefits, do not cause negative environmental impacts, increase income for producers, and have the potential to be expanded to production at regional, provincial, and national levels;

b) Technologies transferred in central agricultural extension projects must be recognized by competent authorities;

c) Project funding should be appropriate to the project's content, progress, and outcomes, including state budget funds, contributions from beneficiaries, and other sources;

d) The implementation period for central agricultural extension programs is five years, while for projects it ranges from one to three years;

đ) The structure of each central agricultural extension project includes the following components: construction of demonstration models (supporting no less than 70% of the project's budget); training and instruction for farmers (supporting up to 20% of the project's budget); information dissemination and promotion (supporting up to 7% of the project's budget and no more than 15 million VND per model); project management (allocating no more than 3% of the project's budget, and for projects in difficult areas or poor districts, allocating no more than 4% of the project's budget).

Article 7. Procedures for Establishing and Approving Lists of Central Agricultural Extension Programs and Projects

1. Procedures for Establishing and Approving Lists of Central Agricultural Extension Programs and Projects

a) Before February 15th of each year, the National Agricultural Extension Center shall coordinate with the Department of Science, Technology, and Environment to notify all General Departments, specialized Bureaus, and other organizations and individuals to propose central agricultural extension programs and projects; these organizations and individuals shall submit their proposals to the National Agricultural Extension Center before March 15th;

b) By no later than March 31st of each year, based on the results of implementing Article 6 of this Circular, the National Agricultural Extension Center shall compile the proposed programs and projects and send them to the Department of Science, Technology, and Environment; the Department shall request the establishment of an Advisory Council according to Clause 6 of Article 2 of this Circular to review and propose a list of programs and projects; the Department of Science, Technology, and Environment shall submit the Advisory Council's recommendations to the Minister for approval of the list by April 30th;

c) In necessary cases, the Minister of Agriculture and Rural Development may directly decide on certain central agricultural extension programs and projects.

2. Procedures for Competitive Tendering (Selection) and Review of Agricultural Extension Projects

a) Announcement of List of Agricultural Extension Programs and Projects

Immediately after the Minister of Agriculture and Rural Development approves the list of agricultural extension programs and projects, the Department of Science, Technology, and Environment shall coordinate with the National Agricultural Extension Center to widely announce the list in the Vietnam Agriculture Newspaper, on the websites of the sector, and inform the conditions and procedures for organizations and individuals to submit registration forms, including:

- Registration period: two months from the date of announcement of the list;

- Documents include the Project Description Form as stipulated in Appendix 1 issued together with this Circular; the documents should be made in nine sets, with one original set enclosed in a sealed envelope sent to the National Agricultural Extension Center;

b) Selection and Recruitment

- Each General Department and specialized Bureau shall take the lead in requesting the establishment of an Advisory Council for selection and recruitment of agricultural extension projects in relevant fields according to Clause 6 of Article 2 of this Circular; evaluation criteria for selection and recruitment are specified in Appendix 2 issued together with this Circular;

- Within two days after the registration deadline, the National Agricultural Extension Center shall coordinate with the Department of Science, Technology, and Environment, General Departments, and specialized Bureaus to open registration documents, compile a list of valid registration documents, and transfer valid documents to the respective General Departments and specialized Bureaus for presentation to the Advisory Council meeting;

- Each General Department and specialized Bureau shall cooperate with the Department of Science, Technology, and Environment to report the results of the Advisory Council's selection and recruitment to the Minister of Agriculture and Rural Development for approval of selected organizations and individuals by July 30th, and notify the decision of the Minister to the main organizations and individual leaders of the projects concerned for implementation.

3. Review and Approval of Overall Project Descriptions for Agricultural Extension Projects

Each General Department and specialized Bureau shall take the lead and coordinate with the National Agricultural Extension Center, the Department of Science, Technology, and Environment, and the Financial Department to review the contents and overall budgets of selected agricultural extension projects; if necessary, the main organizations and individual leaders may be required to revise and supplement project descriptions; the approval of the contents and overall budgets of central agricultural extension projects shall be completed by October 30th of each year.

4. Approval of Annual Project Descriptions and Budgets for Central Agricultural Extension Projects

a) Organizations directly under the Ministry responsible for projects shall review the contents and budgets and approve annual project descriptions (according to the form prescribed in Appendix 3 issued together with this Circular) and send them to relevant General Departments and specialized Bureaus; completion time is before December 15th;

b) General Departments and specialized Bureaus shall organize reviews of the contents and budgets and approve annual project descriptions (according to the form prescribed in Appendix 3 issued together with this Circular) for organizations not directly under the Ministry; completion time is before December 15th;

c) General Departments and specialized Bureaus shall compile the results of approving annual project descriptions and send them to the Department of Science, Technology, and Environment and the Financial Department before December 31st.

5. Review and Approval of Regular Agricultural Extension Tasks

The Science, Technology and Environment Department and the Finance Department shall review the content, budget estimate, and approve the annual regular agricultural extension tasks; the completion time must be before December 31.

6. Notification of assignment of tasks and signing of contracts to implement agricultural extension projects

a) Annually, based on the Project Description and the approved annual budget estimate, the Ministry of Agriculture and Rural Development (Science, Technology and Environment Department) shall notify the assignment of central agricultural extension tasks (content and budget) to organizations directly under the Ministry that are in charge of projects and to relevant Bureaus and specialized Departments for organizations not directly under the Ministry that are in charge of projects;

b) Based on the notification from the Ministry, the Bureaus and specialized Departments shall sign contracts with organizations and individual project leaders not directly under the Ministry to implement the projects.

7. Implementation of agricultural extension projects

Based on the notification of task assignment, contracts, overall and annual Project Descriptions, and approved regular agricultural extension tasks, the organization in charge and the individual leader of the project, regular agricultural extension tasks shall organize the implementation of the project and tasks according to the approved objectives, content, schedule, results, and budget estimate.

Article 8. Adjustment of Central Agricultural Extension Programs and Projects

1. Adjustment of Central Agricultural Extension Programs

a) The Science, Technology and Environment Department shall take the lead and coordinate with the National Agricultural Extension Center, Bureaus, and specialized Departments to propose to the Minister adjustments to changes and supplements to the Central Agricultural Extension Programs;

b) The adjustment of Central Agricultural Extension Programs must be completed before May 30 each year.

2. Adjustment of Overall Agricultural Extension Projects

a) The Bureaus and specialized Departments in charge shall examine and submit to the Minister for approval adjustments to changes in the objectives, organizations in charge, individual leaders, content, implementation period, results, and total budget of the overall project compared to the approved overall Project Description;

b) The adjustment of the overall Project Description must be implemented before November 30 each year.

3. Adjustment of Annual Agricultural Extension Projects

a) Organizations in charge of projects under the Ministry shall examine and adjust annual changes in each content without changing the objectives, results, and total budget compared to the approved Project Description and report to the Ministry (Bureaus, specialized Departments);

b) The Bureaus and specialized Departments shall examine and adjust annual changes in each content without changing the objectives, results, and total budget compared to the approved Project Description of organizations not directly under the Ministry;

c) The adjustment of annual agricultural extension projects must be completed before December 31 to implement for the following year.

Chapter IV

INSPECTION, EVALUATION AND COMMISSIONING OF CENTRAL AGRICULTURAL EXTENSION PROGRAMS AND PROJECTS

Article 9. Inspection and Evaluation of Central Agricultural Extension Programs and Projects

1. Periodic Inspection and Evaluation of Agricultural Extension Programs and Projects

a) The Bureaus and specialized Departments in charge shall cooperate with the Science, Technology and Environment Department, the Finance Department, the National Agricultural Extension Center, and related units to periodically inspect and evaluate the progress of implementing Central Agricultural Extension Programs and Projects and conduct at least one field inspection for each project during the implementation period. The specific annual inspection and evaluation plan will be determined by the Bureaus and specialized Departments in cooperation with the Science, Technology and Environment Department;

b) The organization in charge of the project shall be responsible for annually inspecting and evaluating the implementation of agricultural extension projects by the unit and reporting the results of the inspection and evaluation to the Bureaus and specialized Departments for consolidation and reporting to the Ministry (Science, Technology and Environment Department).

2. Inspection and Evaluation of Programs and Projects after Acceptance

The Science, Technology and Environment Department shall take the lead and coordinate with the Finance Department, the National Agricultural Extension Center, the Bureaus, specialized Departments, and related units to organize inspections and evaluations after acceptance of some key Central Agricultural Extension Programs and Projects. The specific objects, locations, times, and members of the inspection and evaluation team shall be proposed by the Science, Technology and Environment Department.

Article 10. Acceptance and Evaluation of Central Agricultural Extension Programs and Projects

1. Annual Project Acceptance

The project's leading organization shall organize annual acceptance of the project and report to the General Departments and relevant specialized Bureaus for consolidation and reporting to the Ministry (Department of Science, Technology and Environment); the annual acceptance must be completed before December 25.

2. Commissioning upon Completion

a) Organizational Level Commissioning

- The project's leading organization shall organize grassroots-level acceptance of the project's implementation results upon completion through the grassroots advisory board; the time to complete grassroots-level acceptance shall not exceed 15 days after the project ends;

- The grassroots advisory board shall be established by the head of the leading organization; the board consists of five members, including the Chairman of the Board who is a leader of the leading organization, other members comprising representatives from management units of the leading organization responsible for expertise and finance, and some experts (inside or outside the leading organization); the Project Leader and main implementers shall not participate in the board; the board operates on majority principle, evaluating at two levels: "pass" and "fail";

b) Ministry Level Commissioning

- The General Departments and specialized Bureaus shall take the lead in submitting to the Ministry for establishment of the Ministry-level advisory board for project acceptance according to Clause 6, Article 2 of this Circular;

- The Ministry-level acceptance dossier includes: Request letter for acceptance; final project report (following the model prescribed in Appendix 4 issued together with this Circular); grassroots-level acceptance minutes; nine sets of files, among which one original set shall be directly sent or mailed via post to the relevant General Departments and specialized Bureaus; the submission of the Ministry-level acceptance dossier must be completed no later than 45 days after the project ends;

c) Approval of Project Acceptance Results

- Based on the evaluation and acceptance results of the advisory board according to the criteria for assessing project implementation outcomes prescribed in Appendix 5 issued together with this Circular, the General Departments and specialized Bureaus shall consolidate and submit to the Minister (through the Department of Science, Technology and Environment) for approval and recognition of the project acceptance results;

- Approval and recognition of the project acceptance results must be completed no later than 15 days after the Ministry-level acceptance;

3. Summary and Evaluation of Agricultural Extension Programs

Agricultural extension programs shall be organized for summary and evaluation no later than six months after the end of each program.

Chapter V

MANAGEMENT OF EXPENSES FOR CENTRAL AGRICULTURAL EXTENSION PROGRAMS AND PROJECTS

Article 11. Management Expenses for Central Agricultural Extension Programs and Projects

1. Contents of Program Management Costs for Agricultural Extension Projects

a) The content of management expenses for central agricultural extension programs and projects shall be implemented according to the provisions stipulated in Point a, Clause 10, Article 5 of Joint Circular No. 183/2010/TTLT-BTC-BNN dated November 15, 2010, issued by the Ministry of Finance and the Ministry of Agriculture and Rural Development;

b) The content of management expenses for agricultural extension projects of the leading organization includes: preparing project descriptions; organizing annual review of project content and budget; annual inspection, evaluation, and acceptance of projects; writing final reports and grassroots-level acceptance minutes upon project completion; purchasing office supplies, information, and communication; managing facilities; providing allowances to the project leader and other related expenses;

2. Specific levels of management expenses for agricultural extension programs and projects shall be applied according to the levels prescribed in Circular No. 120/2007/TT-BTC dated October 15, 2007, issued by the Ministry of Finance, Joint Circular No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007, issued by the Ministry of Finance and the Ministry of Science and Technology, Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance, and current regulations;

3. The agency managing central agricultural extension funds and the leading organization implementing agricultural extension projects shall prepare budgets for management expenses of these programs and projects, report to the competent authority for approval of both content and funding.

Article 12. Allocation of Budget Estimates

1. The Finance Department shall implement the annual allocation of budget estimates to the organizations directly under the Ministry that are in charge of projects and to the General Departments and specialized Departments for organizations not directly under the Ministry that are in charge of projects.

2. The General Departments and specialized Departments shall transfer funds to organizations not directly under the Ministry that are in charge of projects according to contracts signed.

Article 13. Finalization and Liquidation of Contracts

1. Annual Finalization

a) Central agricultural extension project funds allocated and implemented in a given year must be reported for finalization within the fiscal year; the basis for approving the finalization report is the finalization report and the annual acceptance results of the organization in charge; the deadline for submitting the annual finalization report is no later than December 25;

b) Organizations directly under the Ministry that are in charge of projects shall submit annual finalization reports on their projects to the Finance Department for review;

c) The General Departments and specialized Departments shall conduct audits of annual finalization reports on projects of organizations not directly under the Ministry that are in charge of projects and consolidate these reports to submit to the Finance Department for approval;

2. Finalization at Project Completion

a) Based on the finalization report and the acceptance results of the Ministry-level project, the organization in charge shall submit the finalization report on the concluded projects of the unit; the General Departments and specialized Departments shall submit finalization reports on concluded projects of organizations not directly under the Ministry that are in charge of projects and consolidate these reports to submit to the Finance Department;

b) The Finance Department shall finalize all projects and regular agricultural extension tasks when they conclude.

3. Approval of Project Implementation Results and Contract Liquidation

Based on the acceptance results of the Ministry-level project rated as "satisfactory" or higher and the approved finalization report, the General Departments and specialized Departments shall coordinate with the Science, Technology, and Environment Department to compile and submit to the Minister for approval of the project implementation results; the General Departments and specialized Departments shall liquidate contracts with organizations and individuals not directly under the Ministry that are in charge of projects.

Chapter VI

IMPLEMENTATION

Article 14. Responsibilities of Ministries' Agencies and Units

1. Responsibilities of the Department of Science, Technology and Environment

The lead agency for state management of central agricultural extension work; directly responsible for state management of projects under general agricultural extension programs and regular agricultural extension tasks across multiple fields.

Article 5. Responsibilities of the Department of Finance

Participate in state management of central agricultural extension work; directly manage financial matters related to central agricultural extension tasks according to current regulations.

3. Responsibilities of the General Departments and specialized Departments

Implement state management of central agricultural extension work in specific fields as follows:

a) The Forestry General Department manages forestry extension;

b) The Fisheries General Department manages fisheries extension;

c) The Crop Production Department manages crop production extension;

d) The Livestock Raising Department manages livestock raising extension;

đ) The Processing, Trade of Forest and Agricultural Products and Salt Industry Department manages industrial extension and salt industry extension.

Article 15. Responsibilities of Organizations and Individuals in Charge of Projects

1. The organizing entity of the project

Organize the assessment and approval of project descriptions annually; organize the implementation, inspection, supervision, and annual acceptance of projects; conduct basic-level acceptance of projects upon conclusion; when necessary, propose adjustments to the content, funding, and duration of the project and the project leader to the Ministry; be responsible for managing and using project funds in accordance with current regulations.

2. The project leader

Implement the contents as described in the approved project description, use funds in accordance with current State regulations; submit periodic six-monthly and annual reports fully and accurately on the project implementation results and disbursement progress to the organization in charge and the management agency; propose changes to the content, location, funding, and duration of the project to the organization in charge and the management agency and only implement such changes with written approval from the management agency; sign contracts with organizations or individuals inside and outside the unit to implement project contents in accordance with current regulations; enjoy allowances according to current regulations.

Article 16. Responsibilities and Authorities of the Provincial Departments of Agriculture and Rural Development

1. Participate in proposing the list of programs and projects for national agricultural extension.

2. To cooperate in monitoring, inspecting, evaluating, and supervising central-level agricultural extension programs and projects implemented locally.

Article 17. Implementation Provisions

1. This Circular takes effect 45 days from the date of issuance. This Circular replaces Circular No. 60/2005/TT-BNN dated October 10, 2005 of the Ministry of Agriculture and Rural Development, Circular No. 01/2007/TT-BTS dated January 22, 2007 of the Ministry of Fisheries on Guidelines for Implementing Certain Provisions of Government Decree No. 56/2005/NĐ-CP dated April 26, 2005 on agricultural extension and fisheries extension; Decision No. 37/2008/QĐ-BNN dated February 22, 2008 of the Minister of Agriculture and Rural Development on Issuing the Management Regulations for National Agricultural Extension and Fisheries Extension Programs and Projects.

2. During implementation, if there are difficulties, organizations and individuals shall reflect them in writing to the Ministry of Agriculture and Rural Development for consideration and resolution./.