Decree No. 42/2012/NĐ-CP on Management and Use of Rice Cultivation Land

DECREE

VOn the management and use of rice-growing land

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Pursuant to the Law Ton organization and operation of the Government dated December 25, 2001;

Pursuant to the Law 3. Amend Clause 3 Article 2 as follows:government issued the Decree on

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

At the proposal of the Minister of Agriculture and Rural Development;

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management and use of rice-growing land in rice-growing areas throughout the country.

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

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

2. Dedicated rice-growing land is land currently planted with or having sufficient conditions to plant two or more rice crops in a year.

3. Other types of rice-growing land include land that can only grow one rice crop in a year and upland rice land.

4. Upland rice land is land with conditions suitable for growing upland rice.

5. Causing soil pollution in rice-growing land refers to activities introducing harmful substances, microorganisms, and parasites into the soil, changing its structure and composition, adversely affecting rice production, rice quality, human and animal health.

6. Causing soil degradation in rice-growing land refers to activities causing erosion, leaching, acidification, salinization, ferruginization, drought... leading to reduced fertility and nutritional imbalance in rice-growing land, resulting in decreased rice yield.

7. Altering the topography of rice-growing land refers to activities changing the topography of rice fields, making them uneven in terms of structure, nutrient composition, and microbial system, thus rendering them unsuitable for rice cultivation.

Chapter II

MANAGEMENT AND USE OF RICE-GROWING LAND

Article 4. Principles for establishing and managing the planning and plan for the use of rice-growing land

1. The planning and plan for the use of rice-growing land are part of the overall planning and plan for land use.

2. Minimize the conversion of dedicated rice-growing land to non-agricultural purposes; encourage the reclamation and expansion of rice-growing land area, and the transformation of other types of rice-growing land into dedicated rice-growing land.

3. When establishing the planning and plan for land use, it is only permitted to convert dedicated rice-growing land to non-agricultural purposes for national defense, security, national interests, public benefits, and must be approved by competent state authorities.

4. Dedicated rice-growing land must be strictly protected during the planning and plan for land use; adjustments to the planning and plan for the use of dedicated rice-growing land are only allowed when it is necessary to convert dedicated rice-growing land to non-agricultural purposes as specified in Clause 3 of this Article and must be approved by competent state authorities.

5. The planning and plan for the use of rice-growing land must be closely monitored and inspected to ensure proper, economical, and efficient use of rice-growing land; protect and improve soil quality.

6. The plan for the use of rice-growing land must be consistent with the planning for the use of rice-growing land during the planning and plan for land use that has been reviewed and approved.

7. Promote democracy and transparency in the implementation of the planning and plan for the use of rice-growing land.

Article 5. Management of changes in the purpose of using rice-growing land

1. Conditions for changing the purpose of using dedicated rice-growing land:

a) Must comply with the planning and plan for land use that have been reviewed and approved, and be permitted to change the purpose of use by competent state authorities;

b) Must have a land use plan that maximizes efficiency, reflected in the comprehensive project description approved by competent state authorities;

c) Organizations and individuals granted or leased land by the State for non-agricultural purposes from dedicated rice-growing land as stipulated in Clause 3 of Article 4 of this Decree must have a plan for using surface soil layers and compensating for the loss of dedicated rice-growing land area due to the change in purpose of use as provided for in Clause 2 of Article 8 and Clause 2 of Article 9 of this Decree.

2. Conditions for changing the purpose of using other types of rice-growing land:

a) Converting other types of rice-growing land to annual crop planting must be in line with the local crop structure adjustment plan and not affect future rice planting purposes;

b) Converting other types of rice-growing land to perennial crop planting, livestock breeding, and aquaculture must comply with the provisions of Point a of Clause 1 of this Article;

c) Converting rice-growing land to non-agricultural purposes must comply with the provisions of Points a and b of Clause 1 of this Article.

3. Competent authority to decide on changing the purpose of using dedicated rice-growing land: In cases where dedicated rice-growing land is converted to non-agricultural purposes as stipulated in Clause 3 of Article 4 of this Decree, the People's Committees of provinces and centrally-run cities must report to the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development for review and submit to the Prime Minister for approval before the competent authority decides on the change in the purpose of land use.

4. Competent authority to decide on changing the purpose of using other types of rice-growing land:

a) Households and individuals converting other types of rice-growing land to annual crop planting must report to the People's Committee of the commune;

b) Except for the case stipulated in Point a, when converting other types of rice-growing land to other purposes, the People's Committees of provinces and centrally-run cities must report to the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development for review and submit to the Prime Minister for approval before the competent authority decides on the change in the purpose of land use.

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 efficiently, without leaving land idle, and avoid soil pollution and degradation.

3. Cultivate according to technical standards, implement crop rotation and multiple cropping to enhance 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.

Article 7. Responsibilities of land users when changing the purpose of rice cultivation land use

1. Implement correctly the provisions on conditions for changing the purpose of rice cultivation land use as stipulated in Article 5 of this Decree.

2. When changing other paddy fields to annual crop cultivation, the following must be carried out:

a) In accordance with the local crop structure adjustment plan;

b) Not altering the topography, not changing the physical and chemical properties of the soil so that it can still be used for rice planting when necessary;

c) Not damaging irrigation works or internal road infrastructure already invested in the land.

3. When changing other paddy fields to perennial crop cultivation or aquaculture:

a) Apply measures to protect soil fertility; prevent and control soil and water pollution, degradation;

b) If moving or damaging infrastructure structures on the area of rice cultivation land converted to another purpose, they must promptly take responsibility to remedy, without affecting adjacent rice production areas.

4. When converting rice cultivation land to non-agricultural purposes, if the investor does not implement the project, fails to implement the project according to schedule leading to land abandonment, such land will be reclaimed according to the provisions of the Land Law.

Article 8. Protection and improvement of quality of rice cultivation land

1. Strictly prohibit the following acts:

a) Causing pollution, degrading, altering the topography of the land leading to inability to plant rice;

b) Abandoning dedicated irrigated rice land for over 12 months and other paddy fields for over 2 years, except for reasons of force majeure natural disasters.

2. Organizations and individuals granted or leased land by the State for non-agricultural purposes from dedicated irrigated rice land as stipulated in Clause 3, Article 4 of this Decree, must have a plan for using the surface layer of the cultivated stratum approved by the competent authority, to improve low-quality rice cultivation land and other arable land in the locality; or pay funds to organize the implementation of the above plan in another locality according to the guidance of the Ministry of Finance and the Ministry of Agriculture and Rural Development.

3. Organizations, households, and individuals using rice cultivation land who discover potential risks or harmful actions affecting soil quality, causing soil pollution and degradation, must apply preventive and remedial measures and immediately report to the competent authorities for handling.

Article 9. Development of rice cultivation land fund

1. People's Committees at all levels, based on approved land use planning and plans, shall formulate policies to encourage, support, and invest in reclamation, restoration, and improvement of land to develop the rice cultivation land fund.

2. Organizations and individuals granted or leased land by the State for non-agricultural purposes from dedicated irrigated rice land as stipulated in Clause 3, Article 4 of this Decree, must have a plan for reclaiming, restoring, and improving other rice cultivation land into dedicated irrigated rice land approved by the competent authority, to replenish the lost area of dedicated irrigated rice land in the locality; or pay funds to organize the implementation of the above plan in another locality according to the guidance of the Ministry of Finance and the Ministry of Agriculture and Rural Development.

Chapter III

SUPPORT POLICIES TO PROTECT AND DEVELOP RICE CULTIVATION LAND

Article 10. Budget support for localities producing rice

1. Based on the area of paddy land, the state budget prioritizes support for rice production in localities (including investment and recurrent expenditures) through the state budget allocation standard determined by the competent authority according to the State Budget Law.

2. For years during the period of stabilizing local budgets from 2012 to 2015, in addition to the support from the state budget under current regulations, the central budget also provides additional targeted support to local budgets for rice production as follows:

b) Supporting VND 100,000 per hectare per year for other rice lands, excluding rice lands expanded spontaneously without following planning and land use plans. The area of rice land eligible for support is based on land statistics data published by the Ministry of Natural Resources and Environment of the nearest preceding year before the budget plan formulation year.

b) Support of VND 100,000 per hectare per year for other paddy land except spontaneously expanded paddy terraces not in accordance with planning and land use plans.

3. The area of paddy land eligible for support is based on land statistics data of provinces and centrally-run cities published by the Ministry of Natural Resources and Environment for the year immediately preceding the year of the state budget allocation plan.

4. The People's Committee of provinces and centrally-run cities allocate the supported state budget sources to local authorities at various levels to implement support for rice production.

5. Localities producing rice, in addition to enjoying policies supporting rice production as stipulated in Clause 1 and Clause 2 of this Article, also enjoy other national policies in accordance with current regulations.

Article 11. Policies Supporting Rice Producers

The state budget implements support for rice producers as follows:

1. Annual rice production support:

a) Supporting VND 500,000 per hectare per year for organizations, households, and individuals producing rice on dedicated paddy fields;

b) Support of VND 100,000 per hectare per year for organizations, households, and individuals producing rice on other paddy land except spontaneously expanded paddy terraces not in accordance with planning and land use plans.

2. Support for rice production damaged by natural disasters and diseases:

a) Support 70% of fertilizer and plant protection chemical costs when rice production losses exceed 70%;

b) Support 50% of fertilizer and plant protection chemical costs when rice production losses range from 30% to 70%.

3. Support for clearing and improving land for rice cultivation:

a) Support 70% of costs for converting unused land into paddy land or improving other paddy land into dedicated irrigated rice fields; the cost level is determined by the People's Committee of provinces and centrally-run cities;

b) Support 100% of rice seeds in the first year for production on newly reclaimed rice cultivation land;

c) Support 70% of rice seed costs in the first year for production on areas of other paddy land improved into dedicated irrigated rice fields.

4. Priority support for production insurance costs as prescribed.

5. Mechanism for support:

a) For localities receiving additional balance from the central budget, 100% of funding is provided;

b) For localities with revenue sharing below 50%, 50% of funding is provided;

c) Other localities use their local budgets.

6. Organizations, households, and individuals producing rice, in addition to enjoying policies supporting rice production as stipulated in Clause 1, 2, 3, and 4 of this Article, also enjoy other national support policies in accordance with current regulations.

Chapter IV

IMPLEMENTATION

Article 12. Ministry of Agriculture and Rural Development

1. Take the lead in directing the organization of rice production and crop structure adjustment on paddy land as prescribed in this Decree and related documents.

2. Take the lead in guiding the development of plans as prescribed in Clause 2 of Article 8 and Clause 2 of Article 9 of this Decree.

3. Organize the implementation of rewards for organizations, households, and individuals who effectively manage and utilize paddy land.

Article 13. Ministry of Natural Resources and Environment

1. Take the lead and coordinate with relevant Ministries including the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Construction, Ministry of Transport, and other related Ministries to determine the land use needs of various sectors, particularly the need for land converted from rice cultivation fields and the area of land for such conversion.

2. Take the lead and coordinate with the Ministry of Agriculture and Rural Development to guide the content, methods of investigation and evaluation, criteria system, and classification table for national rice cultivation land; review the change of purpose of rice cultivation land as stipulated in Clause 3, Point b Clause 4 Article 5 of this Decree.

3. Guide the People's Committees of provinces and centrally governed cities to define the boundaries of rice cultivation land, especially strictly protected dedicated rice cultivation land.

4. Complete the construction of a database on rice cultivation land and issue certificates of land use rights for rice cultivation land before December 31, 2015.

5. Annually compile and report to the Prime Minister on the management and use of rice cultivation land in localities.

6. Take the lead and coordinate with the Ministry of Agriculture and Rural Development and other relevant Ministries to inspect and supervise the management and use of rice cultivation land in localities.

Article 14. Ministry of Planning and Investment

1. Take the lead and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development in allocating investment capital to support localities and rice producers.

2. Mobilize and balance resources to submit to the Government for decision-making on investment funds to implement policies on managing, protecting rice cultivation land, and rice production as prescribed in this Decree and other related legal documents.

Article 15. Ministry of Finance

1. Balance the budget to provide regular financial support to localities and rice producers.

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. Guide the mechanism, policy of support, standard allocation of central government budget, and regular financial support for localities producing rice as prescribed in this Decree and other related documents.

4. Take the lead and coordinate with the Ministry of Agriculture and Rural Development to guide regulations on payment, management, and use of funds as stipulated in Clause 2 Article 8 and Clause 2 Article 9 of this Decree.

Article 16. People's Committee of Provinces and Centrally Governed Cities

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

2. Organize public disclosure and strict management of the planning and plans for rice cultivation land use in the locality that have been reviewed; define the boundaries of rice cultivation land, especially strictly protected dedicated rice cultivation land.

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

4. Based on specific conditions of the locality, decide on additional support policies outside those prescribed in this Decree to effectively manage and use rice cultivation land.

5. Annually report to the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development on the management and use of rice cultivation land in the locality.

6. Inspect and supervise the implementation of management and use of rice cultivation land in the locality.

Article 17. Implementation Provisions

Article 17. This Decree takes effect from July 1, 2012.

Article 18. Regulations on the management and use of rice cultivation land that contradict the provisions of this Decree shall be abolished.

Article 19. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairmen of People's Committees of provinces and centrally governed cities, and related organizations and individuals shall be responsible for implementing this Decree./.