Circular No. 43/2012/TT-BNNPTNT amends and supplements certain articles of Circular No. 47/2011/TT-BNNPTNT on agricultural insurance. This document provides detailed regulations on the objects, types of natural disasters and diseases covered by insurance, authority to announce and confirm the extent of damage, production and breeding procedures for aquaculture, and conditions for participating in pilot agricultural insurance.
适用范围
Insurance enterprises, people participating in agricultural insurance (crop cultivation, animal husbandry, aquaculture), Provincial People's Committees, District People's Committees, Commune People's Committees, Plant Protection Sub-Departments, Animal Health Sub-Departments, Fisheries Sub-Departments, or Aquaculture Sub-Departments.
要点
- Insurance enterprises and participants in pilot agricultural insurance negotiate the extent of damage and compensation amount; if they cannot reach an agreement, the Commune People's Committee or District People's Committee shall resolve it according to the regulations.
- Dangerous natural disasters and diseases such as typhoons, floods, droughts, yellow dwarf disease, leaf curl disease, etc., are covered by insurance.
- Authority to announce natural disasters and diseases: The Chairman of the Provincial People's Committee issues the decision; the District People's Committee confirms when the conditions for declaring an epidemic have not been met according to the regulations.
- The breeding procedures for aquaculture apply Appendix V, VI, VII, VIII, IX or the procedures approved by the Provincial People's Committee of the Department of Agriculture and Rural Development.
- Abolish some criteria regarding the minimum area of cultivated land, scale, and location of aquaculture.
🌐 本文件的社会影响
- Positive impacts: Help farmers and businesses reduce financial risks when encountering natural disasters and diseases; encourage investment in agriculture.
- Negative impacts: May increase costs for insurance enterprises and people participating in insurance.
❓ 常见问题
How many types of natural disasters are covered by insurance?
Natural disasters such as typhoons, floods, droughts, cold spells, frost, etc., are covered by insurance.
Who has the authority to declare diseases?
The Chairman of the Provincial People's Committee issues the decision to declare diseases; the District People's Committee confirms when the conditions for declaring an epidemic have not been met according to the regulations.
How are the breeding procedures for aquaculture applied?
Breeding procedures apply Appendix V, VI, VII, VIII, IX issued together with Circular No. 47/2011/TT-BNNPTNT or the procedures of the Department of Agriculture and Rural Development approved by the Provincial People's Committee.
Are there any minimum land cultivation area requirements?
Abolish the requirement of a minimum area of cultivated land of 5 hectares or more, instead specifying the scale and location for animal husbandry and aquaculture.
Is there a specific compensation amount?
The compensation amount is determined through negotiation between the Insurance Enterprise and the participant in the pilot agricultural insurance; if they cannot reach an agreement, the Commune People's Committee or District People's Committee shall resolve it according to the regulations.
全文
CIRCULAR
Amending and supplementing certain provisions of Circular No. 47/2011/TT-BNNPTNT dated June 29, 2011
of the Ministry of Agriculture and Rural Development guiding the pilot implementation of agricultural insurance
in crop cultivation, animal husbandry, and aquaculture pursuant to Decision No. 315/QD-TTG
dated March 1, 2011 of the Prime Minister
__________________________
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; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP;
Pursuant to Decision No. 315/QD-TTg dated March 1, 2011 of the Prime Minister on the pilot implementation of agricultural insurance for the period 2011-2013;
At the proposal of the Director of the Department of Cooperative Economic and Rural Development;
The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain provisions of Circular No. 47/2011/TT-BNNPTNT dated June 29, 2011 of the Ministry of Agriculture and Rural Development guiding the pilot implementation of agricultural insurance in crop cultivation, animal husbandry, and aquaculture pursuant to Decision No. 315/QD-TTg dated March 1, 2011 of the Prime Minister (hereinafter referred to as Circular No. 47/2011/TT-BNNPTNT),
Article 1. Amending and supplementing certain provisions of Circular No. 47/2011/TT-BNNPTNT as follows:
1. Supplementing Point b Clause 2 Article 1 as follows:
"- Implementing insurance for animal husbandry: Dairy cows in Vinh Phuc province;
- Implementing insurance for aquaculture: Whiteleg shrimp, black tiger shrimp in Tra Vinh province".
2. Article 3 shall be amended and supplemented as follows:
"Article 3. Regulations on types of natural disasters, dangerous diseases, and determining the extent of damage for supporting the pilot implementation of agricultural insurance.
2. Types of epidemics:
a) For rice plants: Dwarf yellow, leaf curl dwarf, black streaked dwarf, blast, yellow leaf; brown planthopper pest, stem borer pest;
b) For buffaloes and cattle: Foot-and-mouth disease, hemorrhagic septicemia, anthrax;
c) For pigs: Blue ear disease, foot-and-mouth disease, swine fever, paratyphoid, hemorrhagic septicemia; cholera;
d) For chickens and ducks: Avian influenza, Newcastle disease, Gumboro disease; cholera (ducks);
đ) For tra catfish: Bacterial ganophage;
e) For black tiger shrimp: White spot syndrome, yellow head disease, hematopoietic and nephroductive organ necrosis (IHHNV); acute hepatopancreatic necrosis disease (AHPND);
g) For whiteleg shrimp: White spot syndrome, yellow head disease, hematopoietic and nephroductive organ necrosis (IHHNV), infectious myonecrosis (IMNV) disease; Taura syndrome, acute hepatopancreatic necrosis disease (AHPND).
3. Authority to announce natural disasters and epidemics:
a) The Chairman of the People's Committee at the provincial level issues a decision to announce types of natural disasters and epidemics occurring in the locality according to Clause 2 of Article 1 of this Circular as stipulated by current laws.
3. Authority to announce natural disasters and diseases:
a) The Chairman of the People's Committee at provincial level shall issue a decision announcing the occurrence of natural disasters and diseases listed in Clause 2 of Article 1 of this Circular in their locality in accordance with current laws;
b) In cases where diseases occur but do not meet the conditions for declaring an epidemic according to regulations, it shall be entrusted to the People's Committee at district level to confirm the disease based on the inspection and evaluation results of specialized agencies such as Plant Protection Sub-department, Animal Health Sub-department, Aquaculture Sub-department, or Fish Farming Sub-department as the basis for resolving the rights and interests of participants in the pilot agricultural insurance program smoothly and quickly.
3. Amending Clause 1 of Article 5 as follows:
4. Confirmation of the extent of damage covered by insurance:
Based on the results of the determination by specialized agencies regarding natural disasters, diseases, and the scope of impact, the insurance company and the participant in the pilot agricultural insurance program shall negotiate the extent of damage and compensation amount. If both parties cannot reach an agreement, they may request the People's Committee of the commune to resolve the matter. The People's Committee of the commune shall establish a Working Group (including: Deputy Chairman of the People's Committee of the commune responsible for economic affairs, statistical officer, agricultural officer, and other components depending on specific conditions of each locality) to determine the extent of damage as the basis for both parties to negotiate the compensation amount. If one party or both parties disagree, they may request the People's Committee of the district to resolve the matter. The People's Committee of the district shall establish a Working Group (including: Deputy Chairman of the People's Committee of the district responsible for economic affairs, agricultural officer or economic affairs officer, statistical officer, and other specialized agencies of the district) to determine the extent of damage as the basis for both parties to negotiate the compensation amount. In case one party or both parties still disagree, the matter will be resolved in accordance with the provisions of the law on economic contracts".
"1. Criteria and scale of livestock breeding areas: Each province selects three districts, each district selects three communes or more; the scale of insurance covers the entire commune".
4. Adding the phrase
"or the process approved by the Provincial People's Committee" to Point b Clause 2, Point b Clause 3, Point b Clause 4 Article 5.
6. Amend and supplement Clause 2 of Article 6 as follows:
5. Amending Point a Clause 1 Article 6 as follows:
Article 2.
"a) Scale and area of aquaculture: Each province selects three districts, each district selects three communes or more; the scale of insurance covers the entire commune".
"2. Production process for aquaculture: Apply according to Appendix V; Appendix VI; Appendix VII; Appendix VIII; Appendix IX issued together with Circular No. 47/2011/TT-BNNPTNT or the process approved by the Provincial People's Committee".
1. Repealing the phrase "minimum cultivated land area of 5 hectares or more" in Point a Clause 1 Article 4.
2. Repealing Point c Clause 2, Point c Clause 3, Point c Clause 4 Article 5.
Article 3. Implementation Provisions
1. This Circular takes effect from the date of issuance.
3. Repealing the phrase "each commune selects a breeding area" in Point a Clause 1 Article 6.
DEPUTY MINISTER
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