Circular No. 47/2013/TT-BNNPTNT guiding the conversion from rice cultivation to annual crop cultivation or integrated aquaculture on rice fields.

CIRCULAR

Guidelines for transitioning from rice cultivation to annual crop cultivation,

combined with aquaculture on rice fields

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Based on the Land Law dated November 26, 2003;

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 dated January 3, 2008;

Pursuant to Decree No. 42/2012/NĐ-CP dated May 11, 2012 of the Government on management and use of rice fields;

At the proposal of the Director of the Crop Production Department,

The Minister of Agriculture and Rural Development issues this Circular guiding the transition from rice cultivation to annual crop cultivation, combined with aquaculture on rice fields.

Article 1. Scope of Regulation

1. This Circular guides the transition from rice cultivation to annual crop cultivation, and rice cultivation combined with aquaculture on rice fields in accordance with land use plans and crop structure adjustment plans of localities without losing the conditions suitable for returning to rice cultivation when necessary and still being classified as rice fields.

2. This Circular does not apply to changes in land use purposes within agricultural land including transitions from rice cultivation to perennial crops, animal husbandry, and stable long-term aquaculture.

Article 2. Applicability

This Circular applies to organizations, households, and individuals involved in crop structure adjustments from rice cultivation to annual crop cultivation, and rice cultivation combined with aquaculture on rice fields.

Article 3. Explanation of Terms

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

1. Annual crops are types of plants that are sown, harvested, and complete their production cycle within one (01) year, including annual plants that are retained for up to five (05) years for harvesting.

2. Perennial crops are types of plants that are sown once and grow and produce over multiple years.

3. Combined aquaculture on rice fields refers to the combination of rice cultivation with aquaculture, including:

a) One rice crop and one aquaculture crop;

b) Intercropping rice with aquaculture.

Article 4. Principles of Transition

Land users may transition from rice cultivation to annual crop cultivation or rice cultivation combined with aquaculture but must ensure the following principles:

1. Not to lose the conditions suitable for returning to rice cultivation: not to destroy or deform the surface soil layer of the cultivation horizon; not to cause pollution or degradation of rice field soil (salinization, acidification...); not to damage transportation infrastructure or irrigation facilities serving rice cultivation.

2. To be consistent with the plan for adjusting the crop structure from rice cultivation to annual crop cultivation or rice cultivation combined with aquaculture on rice fields at the commune level (hereinafter referred to as the plan for adjusting the crop structure on rice fields).

Article 5. Registration and Reporting Procedures for Transition

1. For dedicated rice fields:

a) Land users who are households or individuals shall directly submit or through the village head or equivalent person to register the change in crop cultivation on rice fields (hereinafter referred to as registration for change) to the People's Committee of the commune where the land is located, according to Form 1 attached to this Circular.

b) Land users who are organizations shall directly submit the registration for change to the People's Committee of the commune where the land is located, according to Form 1 attached to this Circular.

c) Upon receiving the registration for change, the People's Committee of the commune shall examine and guide the land user to comply with the commune's plan for adjusting the crop structure on rice fields. Within five (05) working days from the date of receipt of the registration for change, the People's Committee of the commune shall record "registration for change received," stamp the submitted form, return it to the land user, and enter it into the land use tracking book; if not accepted, the People's Committee of the commune must inform the land user of the reasons, according to Form 2 attached to this Circular.

2. For other rice fields

a) Households and individuals when changing other rice fields to other annual crops must report to the People's Committee of the commune directly or through the village head or equivalent person, according to Form 3 attached to this Circular.

b) Organizations when changing other rice fields to other annual crops must register with the People's Committee of the commune according to the provisions of Clause 1 of this Article.

Article 6. Responsibilities of State Management Agencies

1. The People's Committee of the province shall direct the Department of Agriculture and Rural Development to take the lead and coordinate with relevant agencies:

a) To determine other types of annual crops or aquatic species suitable for conversion to be raised or grown on rice cultivation land at the local level in accordance with this Circular and the provincial plan for crop structure adjustment on rice cultivation land, to be submitted to the People's Committee of the province;

b) To develop policies to encourage and support the adjustment of crop structures on rice cultivation land, to be submitted to the competent authority for issuance;

c) To guide the People's Committees of districts and communes in building plans for adjusting crop structures on rice cultivation land in their respective areas;

d) To inspect the implementation by the People's Committees of districts and communes;

đ) To compile and report annually to the People's Committee of the province and the Ministry of Agriculture and Rural Development;

2. District People's Committee:

a) To direct the People's Committees of communes to build plans for adjusting crop structures on rice cultivation land in their respective areas;

b) To guide and inspect the implementation at the commune level;

c) To compile and report to the Department of Agriculture and Rural Development;

3. Commune People's Committee:

a) To organize the development and approval of plans for adjusting crop structures on rice cultivation land in their respective areas; to publicly announce; to promote and guide land users to implement;

b) To inspect and supervise the conversion activities of organizations, individuals, and households in the area;

c) To establish a record of rice cultivation land use in the locality;

d) To compile and report to the People's Committee of the district;

4. The Crop Cultivation Department shall serve as the focal agency and coordinate with related units to carry out:

a) To guide and inspect localities' implementation of this Circular;

b) To develop proposals and support policies for crop structure adjustment on rice cultivation land, to be submitted to the competent authority for approval;

c) To compile and report to the Minister of Agriculture and Rural Development on the situation of adjustments and propose solutions to address difficulties and obstacles as prescribed;

Article 7. Implementation Provisions

1. This Circular takes effect from January 1, 2014.

2. During the implementation process, if there are any issues, organizations and individuals shall report to the Ministry of Agriculture and Rural Development for consideration and resolution./.