Joint Circular No. 42/2013/TTLT-BNNPTNT-BTC-BKHĐT guiding the implementation of Decision No. 01/2012/QĐ-TTg dated January 9, 2012 of the Prime Minister on certain policies to support the application of good agricultural practices in agriculture, forestry, and fisheries.

JOINT CIRCULAR

Guidelines for implementing Decision No. 01/2012/QD-TTg dated January 9, 2012 of the Prime Minister on certain support policies for the application of good agricultural practices in agriculture, forestry, and fisheries On the basis of 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; 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;

_________________________ 

On the basis of Decision No. 01/2012/QD-TTg dated January 9, 2012 of the Prime Minister on certain support policies for the application of good agricultural practices in agriculture, forestry, and fisheries;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Ministers of the Ministry of Agriculture and Rural Development; the Ministry of Finance; the Ministry of Planning and Investment issue this Joint Circular guiding the implementation of Decision No. 01/2012/QD-TTg dated January 9, 2012 of the Prime Minister on certain support policies for the application of good agricultural practices in agriculture, forestry, and fisheries (hereinafter referred to as VietGAP).

This Circular guides the implementation of Decision No. 01/2012/QD-TTg dated January 9, 2012 of the Prime Minister on certain support policies for the application of good agricultural practices in agriculture, forestry, and fisheries (hereinafter referred to as Decision No. 01/2012/QD-TTg).

Article 1. Scope of Regulation

Organizations, individuals, and household producers (hereinafter referred to as producers) producing and processing (hereinafter referred to as products) safe agricultural, forestry, and aquatic products included in the list of supported products issued by the Ministry of Agriculture and Rural Development and provincial People's Committees.

Article 2. Applicability

In this Circular

Article 3. Explanation of Terms

Safe agricultural, forestry, and aquatic products (collectively referred to as VietGAP products) are products belonging to one of the following types: 1. Products produced and processed in accordance with national technical standards on food safety conditions in production and processing issued by the Ministry of Agriculture and Rural Development.

2. Products produced and processed in accordance with VietGAP issued by the Ministry of Agriculture and Rural Development or other GAP recognized for application by the Ministry of Agriculture and Rural Development.

3. Products produced and processed in accordance with organic agricultural standards issued by authorized agencies or recognized for application by the Ministry of Agriculture and Rural Development.

Article 4. Conditions for producers eligible for support

Producers eligible for support must meet the following conditions:

1. The product registered for the application of VietGAP must be included in the list of supported products issued by the Ministry of Agriculture and Rural Development, or in the list of special products issued by provincial People's Committees.

A registration form for the application of VietGAP according to Model I attached to this Circular.

2. Implementing the application of VietGAP during the production and processing of the registered product.

3. Having a sales contract or sales plan recorded in the VietGAP application registration form and confirmed by the People's Committee of the commune, ward, or town where the VietGAP application is registered.

3. There is a sales contract or product consumption plan recorded in the VietGAP Application Registration Certificate and confirmed by the People's Committee of the commune, ward, or town where the VietGAP application is registered.

Article 5. Sources of funds for implementing Decision No. 01/2012/QĐ-TTg

1. State budget investment and support through projects and programs with specific objectives on applying VietGAP and other related projects and programs; agricultural extension funds, scientific research funds in accordance with the provisions of the State Budget Law and current guiding documents.

The content, level of investment, and support shall be carried out according to the current regulations of relevant programs and projects and other sources of public service funds.

2. The Ministry of Agriculture and Rural Development and provincial People's Committees annually prioritize integrating programs and projects for developing agriculture and rural areas listed in Appendix II of this Circular, other related programs and projects, and other sources of public service funds to invest in and support VietGAP application projects.

Article 6. On planning regions for concentrated production capable of applying VietGAP

1. Content of planning regions for concentrated production capable of applying VietGAP

a) Surveying and analyzing resources, infrastructure, assessing the current situation, production requirements, and product consumption applying VietGAP;

b) Surveying topography, analyzing soil, water, and air samples from the planned region.

2. The area size of regions for concentrated production capable of applying VietGAP shall be decided by the Chairman of the Provincial People's Committee.

3. The establishment, review, approval, and management of planning shall be implemented in accordance with Government Decree No. 92/2006/NĐ-CP dated September 7, 2006, on establishing, approving, and managing overall socio-economic development planning; and Government Decree No. 04/2008/NĐ-CP dated January 11, 2008, amending and supplementing certain articles of Government Decree No. 92/2006/NĐ-CP dated September 7, 2006.

Article 7. Building VietGAP application projects supported by the state budget

1. The Ministry of Agriculture and Rural Development shall build, approve, and organize the implementation of programs and projects on applying VietGAP supported by the central budget (hereinafter referred to as VietGAP projects).

2. Provincial People's Committees shall build, approve, and organize the implementation of programs and projects on applying VietGAP supported by local budgets.

3. When building and approving VietGAP projects, specific contents such as the project investor, the area or unit applying VietGAP, objectives, beneficiaries, content, level of VietGAP application, component projects (if any), project products, management and use of state budget funds for investment and support shall be clearly specified.

4. For VietGAP projects using non-repayable aid funds, they shall be applied according to the expenditure content and levels stipulated in the funding agreements or according to the expenditure levels agreed upon by the funding agency representative, the Ministry of Finance, and the project management agency; if there is no agreement between the funding agency representative and the Ministry of Finance regarding the expenditure level, it shall be applied according to the expenditure levels stipulated in this Circular.

Article 8. Management and use of state budget funds supporting VietGAP application

1. Investing 100% of the funds for basic surveys, topographic surveys, soil, water, and air sample analysis to determine concentrated production areas implementing VietGAP agricultural, forestry, and aquaculture projects as decided by competent authorities; the central budget shall fund projects implemented by the Ministry of Agriculture and Rural Development with inter-regional characteristics; local budgets shall fund projects under local management.

2. Supporting investment in infrastructure construction and improvement in concentrated production areas to meet VietGAP requirements as stipulated in Clause 2, Point a of Article 5 of Decision No. 01/2012/QĐ-TTg.

3. Supporting through programs and projects on applying VietGAP:

a) Supporting training, education, and vocational training:

Target: management cadres, technical cadres, agricultural extension cadres at all levels; rural laborers applying VietGAP in production and processing.

Content and level of support: carried out according to the regulations of integrated VietGAP implementation programs and projects.

b) Supporting the application of new technological advances in using pest-resistant seeds, biological plant protection chemicals, bio-origin plant protection chemicals, integrated pest management (IPM), and integrated crop management (ICM): expenditure items and levels according to 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 guiding the management and use of state budget funds for agricultural extension activities.

c) Supporting the issuance of VietGAP product certification certificates

Supporting producers once with the cost of hiring a certification organization to issue a VietGAP product certification certificate (for the first time or reissuance of a VietGAP product certification certificate);

Producers submit a registration form for issuing a VietGAP product certification certificate to the VietGAP project investor along with internal self-assessment results meeting VietGAP requirements and a copy of the first issued VietGAP product certification certificate (in case of requesting reissue);

The VietGAP project investor selects a certification organization with legal entity status according to the bidding laws and pays the VietGAP product certification fee to the certification organization;

The project management agency is responsible for the service fee for VietGAP product certification.

4. Supporting trade promotion activities as stipulated in Decision No. 72/2010/QĐ-TTg dated November 15, 2010, of the Prime Minister on the issuance of regulations for the construction, management, and implementation of the National Trade Promotion Program and guiding documents.

Article 9. Implementation Organization

1. The Ministry of Agriculture and Rural Development shall be responsible for:

a) Issuing procedures for good agricultural practices VietGAP (Vietnamese Good Agricultural Practices); technical standards for ensuring food safety conditions for production and processing facilities; list of supported products; recognition for applying other GAP standards, organic farming standards;

b) Guiding the investigation and planning of regions for concentrated production capable of applying VietGAP;

c) Integrating other related programs and projects to invest in and support VietGAP projects at the central level, directing localities to integrate VietGAP projects into other local programs and projects.

d) Allocate funds for agricultural extension and science and technology expenses allocated annually to implement VietGAP projects and research topics;

đ) Based on local reports, the Ministry of Agriculture and Rural Development compiles and reports to the Prime Minister the results of VietGAP projects nationwide;

2. Provincial People's Committees are responsible for:

a) Approve the planning of concentrated production areas that meet the conditions for applying VietGAP within their jurisdiction;

b) The Chairperson of the People's Committee of provinces and centrally governed cities shall, based on specific local conditions, current policies and mechanisms, and guidelines set out in this Circular, use local budgets and support from central programs and projects to decide on specific levels of support for the contents stipulated in Article 8 of this Circular; Direct the construction, approval, and implementation of VietGAP projects from local budgets according to their authority;

c) Inspect and supervise the implementation of VietGAP projects under their authority;

d) By the fourth quarter of each year, the People's Committee of the province shall report the results of implementation to the Ministry of Agriculture and Rural Development;

Article 10. Effective Date

1. This Circular takes effect from November 29, 2013;

2. During the implementation process, if there are any difficulties, agencies, organizations, and individuals are advised to reflect them to the Ministry of Agriculture and Rural Development, the Ministry of Finance, and the Ministry of Planning and Investment for appropriate amendments;