Decree No. 56/2005/ND-CP on agricultural extension and fisheries extension

DECREE OF THE GOVERNMENT

Regarding agricultural extension and fisheries extension

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

At the proposal of the Minister of Agriculture and Rural Development and the Minister of Fisheries,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Decree stipulates the contents, organization, and policies on agricultural extension and fisheries extension.

2. Organizations and individuals in Vietnam; foreign organizations and individuals engaged in agricultural extension activities in the fields of crop production, animal husbandry, forestry, irrigation, salt production, processing, preservation of agricultural and forest products, salt, rural industries, and fisheries extension activities in the fields of aquaculture, fishing, preservation, and processing of aquatic products (hereinafter referred to collectively as agricultural and fisheries extension activities in the agricultural and fisheries sectors).

3. Farmers, salt workers, fishermen, household units, employees of agricultural and forestry farms, farm owners, enterprises, production cooperatives, and cooperative groups in agriculture, forestry, fisheries, salt production, processing, preservation, marketing of agricultural and fisheries products, salt, and rural industries (hereinafter referred to collectively as producers) shall apply the policies on agricultural extension and fisheries extension as prescribed in this Decree.

4. Agricultural extension and fisheries extension activities related to programs, projects, and international treaties to which Vietnam is a party shall comply with such programs, projects, and international treaties.

Article 2. Objectives of agricultural extension and fisheries extension

1. To enhance awareness about policies, laws, knowledge, and skills in science and technology, management, and business for producers.

2. To contribute to promoting the restructuring of the agricultural economy and rural areas; improving productivity, quality, efficiency, sustainable development of production, creating employment, increasing income, eradicating hunger, reducing poverty, and promoting industrialization and modernization of agriculture and rural areas.

3. To mobilize resources from domestic and foreign organizations and individuals to participate in agricultural extension and fisheries extension.

Article 3. Principles of agricultural extension and fisheries extension activities

1. Based on the needs of producers and the requirements for developing agriculture and fisheries.

2. To create close links between managers, scientists, businesses, and producers, and among producers themselves.

3. Socialization of agricultural extension and fisheries extension activities.

4. Democracy, transparency, and voluntary participation of producers.

5. Agricultural extension and fisheries extension activities must be consistent with and serve the strategy for developing agriculture and rural areas; priority should be given to remote, mountainous, and particularly difficult regions, and commodity production areas serving export requirements.

PART II
CONTENTS OF AGRICULTURAL EXTENSION AND FISHERIES EXTENSION ACTIVITIES

Article 4. Information and propaganda

1. Propaganda on the Party's and State's policies, scientific and technological progress, market information, prices, and exemplary models in production, management, and business development in agriculture and fisheries.

2. Publishing, guiding, and providing information to producers through mass media, conferences, seminars, contests, fairs, exhibitions, and other forms of information and propaganda.

Article 5. Training, instruction, and education

1. Training, instructing, and imparting skills to producers to improve their knowledge and skills in agricultural and fisheries production and economic management.

2. Enhancing the professional expertise and vocational skills of those engaged in agricultural extension and fisheries extension.

3. Organizing visits, surveys, and learning both domestically and internationally.

Article 6. Building models and transferring science and technology

1. Constructing demonstration models of scientific and technological advancements suitable for each locality and the needs of producers.

2. Constructing high-tech models in the fields of agriculture and fisheries.

3. Widespread transfer of scientific and technological results from demonstration models.

Article 7. Consulting and services

1. Providing consulting and support on policies and laws regarding land, fisheries, markets, science and technology, and applying advanced experiences in production, management, and business development in agriculture and fisheries.

2. Services in the fields of law, training, education, information provision, technology transfer, trade promotion, markets, prices, investment, credit, project construction, supply of technical materials and equipment, and other activities related to agriculture and fisheries as prescribed by law.

3. Consulting and supporting the establishment of small and medium-sized enterprises to develop agricultural and fisheries projects and rural industries, seeking production sites, recruiting and training labor, raising capital, obtaining investment incentives, and other administrative procedures as prescribed by law, in accordance with regional and local planning for agricultural and fisheries development and rural industries.

4. Consulting and supporting the development and application of post-harvest technologies, processing of agricultural, forestry, and fisheries products, and salt production.

5. Consulting and supporting the management and use of clean water in rural areas and environmental sanitation in rural areas.

6. Consulting and supporting organizational reform, improved management, rationalized production, and reduced product costs for enterprises and collective economic organizations in the field of agriculture and rural areas.

Article 8. International cooperation in agricultural extension and fisheries extension

1. Participating in agricultural extension and fisheries extension activities within international cooperation programs.

2. Exchanging experiences in agricultural extension and fisheries extension with foreign organizations and individuals and international organizations.

CHAPTER III
ORGANIZATION OF AGRICULTURAL EXTENSION AND FISHERIES EXTENSION

Article 9. Central organization of agricultural extension and fisheries extension

a) The National Agricultural Extension Center is a public service unit under the Ministry of Agriculture and Rural Development;

b) The National Fisheries Extension Center is a public service unit under the Ministry of Fisheries.

c) The functions, tasks, powers, and organizational structure of the National Agricultural Extension Center and the National Fisheries Extension Center shall be prescribed by the Minister of Agriculture and Rural Development and the Minister of Fisheries.

Article 10. Local organization of agricultural extension and fisheries extension

1. Local agricultural extension and fisheries extension organizations are public service units, defined as follows:

a) Provincial agricultural extension and fisheries extension organizations (referred to as provincial-level agricultural extension and fisheries extension);

b) District-level agricultural extension and fisheries extension organizations (referred to as district-level agricultural extension and fisheries extension).

2. The functions, tasks, and organizational structures of local agricultural extension and fisheries extension organizations shall be prescribed by the Chairman of the People's Committee of the province or centrally governed city.

Article 11. Agricultural Extension Organizations at the Grassroots Level

1. Each commune, ward, town (hereinafter referred to collectively as commune level) shall have at least one employee engaged in agricultural extension and fisheries extension work.

2. At village, hamlet, phum, sóc (hereinafter referred to collectively as village level), there shall be agricultural extension and fisheries extension volunteers.

3. The People's Committee of the province shall stipulate the number and remuneration system for commune-level agricultural extension and fisheries extension employees and village-level agricultural extension and fisheries extension volunteers.

Article 12. Other Agricultural Extension Organizations

1. Encourage and create conditions for political organizations, socio-political organizations, economic organizations, social organizations, occupational social organizations, scientific organizations, educational training institutions, associations, occupational associations, and individuals both within and outside the country to establish other agricultural extension and fisheries extension organizations (hereinafter referred to collectively as other agricultural extension organizations).

2. Other agricultural extension organizations shall carry out agricultural extension and fisheries extension activities according to the provisions of this Decree and relevant laws.

3. The functions, tasks, organizational structure of agricultural extension organizations belonging to which organization or individual shall be stipulated by that organization or individual.

PART IV
EXPENSES FOR ACTIVITIES AND POLICIES
AGRICULTURAL EXTENSION AND FISHERIES EXTENSION

Article 13. Sources of funds for agricultural extension and fisheries extension

1. Central funds for agricultural extension and fisheries extension are formed from the following sources:

a) State budget allocated according to the annual budget approved by the Ministry;

b) Revenue from implementing service contracts with producers;

c) Legal sponsorship and contributions from organizations and individuals both within and outside the country;

d) Other legal revenue as prescribed by law.

2. Local funds for agricultural extension and fisheries extension (including provincial, district, and grassroots level funds) are formed from the following sources:

a) Budget provided by the Provincial People's Committee according to the annual budget approved by the locality;

b) Revenue from implementing contracts with central agricultural extension and fisheries extension organizations;

c) Revenue from implementing service contracts with producers;

d) Legal sponsorship and contributions from organizations and individuals both within and outside the country;

đ) Other legal revenue as prescribed by law.

3. Funds for other agricultural extension organizations are formed from the following sources:

a) Partial support from the state budget through programs and projects (domestic and foreign) approved by competent authorities;

b) Revenue from implementing contracts with central agricultural extension and fisheries extension organizations and local agricultural extension and fisheries extension organizations;

c) Revenue from implementing service contracts with producers;

d) Legal sponsorship and contributions from organizations and individuals both within and outside the country;

đ) From other legal revenue as prescribed by law.

Article 14. Utilization of Agricultural Extension and Fisheries Extension Funds

1. Central and local funds for agricultural extension and fisheries extension under the state budget shall be used for the following purposes:

a) Training, upgrading, seminars, information dissemination, propaganda, printing of materials;

b) Building demonstration models, high-tech models, transferring scientific and technological results;

c) Purchasing copyrights, purchasing new appropriate technology, hiring experts in agricultural extension and fisheries extension activities;

d) Procuring equipment directly serving agricultural extension and fisheries extension activities;

đ) Organizing surveys, study tours, conferences, competitions, exhibitions both domestically and internationally;

e) Other expenses serving agricultural extension and fisheries extension activities.

2. Agricultural extension and fisheries extension funds not under the state budget shall be used for the activities prescribed in Articles 4, 5, 6, 7, 8, 16, and 17 of this Decree and to support the purposes specified in Clause 1 of this Article.

Article 15. Management of Central and Local Agricultural Extension and Fisheries Extension Funds

1. Central funds for agricultural extension and fisheries extension shall be used for agricultural extension and fisheries extension activities managed and organized by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries. Local funds for agricultural extension and fisheries extension shall be managed and organized by the People's Committees of provinces and centrally-administered cities.

2. The plan and budget for central agricultural extension and fisheries extension funds shall be developed, compiled, and submitted annually by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries to the Government for submission to the National Assembly for approval.

3. The annual budget for local agricultural extension and fisheries extension shall be proposed by the People's Committee to the People's Council at the same level for decision in accordance with the State Budget Law.

4. Implementation of expenditures and payments for central and local agricultural extension and fisheries extension funds shall be based on approved extension programs and projects.

5. Management and utilization of agricultural extension and fisheries extension funds not under the state budget shall be decided by agricultural extension and fisheries extension organizations in accordance with this Decree and relevant laws.

6. The Ministry of Finance shall coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Fisheries to provide detailed guidance on the procedures for establishing, managing, and utilizing central agricultural extension and fisheries extension funds and local agricultural extension and fisheries extension funds.

Article 16. Support Policies for Producers

1. Producers may participate in and implement the agricultural extension and fisheries extension activities prescribed in Chapter II of this Decree.

2. The State shall have policies to support producers participating directly in agricultural extension and fisheries extension activities as follows:

a) Participating in training, upgrading, seminars, field trips, conferences, competitions, and discussions to enhance knowledge and skills in agriculture, forestry, fisheries, and rural industries;

b) Receiving financial support for building demonstration models applying technical advancements and transferring scientific and technological knowledge in agriculture, fisheries, and rural industries.

3. The Ministry of Finance shall take the lead and coordinate with the Ministries of Agriculture and Rural Development and Fisheries to guide support policies for producers.

The People's Committees of provinces and centrally-administered cities shall decide specific levels of support based on the specific conditions of each locality.

Article 17. Policies for Agricultural Extension and Fisheries Extension Workers

1. To be trained, developed, visited, and studied both domestically and internationally to enhance skills and expertise; priority training for grassroots agricultural extension workers and fisheries extension workers who are ethnic minorities and female staff.

2. To participate in or organize advisory services and activities supporting agricultural and fisheries production according to Article 7 of this Decree.

3. Agricultural and fisheries extension workers belonging to organizations other than those covered by the policies stipulated in Clause 1 and Clause 2 of this Article shall participate in central and local agricultural and fisheries extension programs and projects through contracts with central agricultural and fisheries extension organizations and local agricultural and fisheries extension organizations.

CHAPTER V
IMPLEMENTATION

Article 18. Responsibilities of Ministries and Sectors

1. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall perform state management functions over agricultural and fisheries extension activities as follows:

a) Drafting and promulgating or proposing competent authorities to promulgate strategies, regulatory legal documents, projects, and policies on agricultural and fisheries extension;

b) Drafting central agricultural and fisheries extension programs and plans for each period to be submitted to the Prime Minister for approval;

c) Implementing and guiding localities to carry out agricultural and fisheries extension activities according to approved programs, plans, and projects;

d) Cooperating with domestic and foreign organizations and individuals to attract capital and resources for agricultural and fisheries extension activities;

đ) Monitoring, evaluating, and annually reporting to the Prime Minister on the implementation of agricultural and fisheries extension programs, plans, and projects;

e) Organizing inspections, investigations, and resolving complaints and denunciations in the field of agricultural and fisheries extension;

g) Managing central agricultural and fisheries extension funds.

2. Ministries, ministerial-level agencies, and government agencies within their respective mandates shall be responsible for coordinating with the Ministry of Agriculture and Rural Development and the Ministry of Fisheries in performing state management functions over agricultural and fisheries extension activities as prescribed by the Government.

Article 19. Responsibilities of People's Committees of Provinces and Municipalities Directly Under the Central Government

Provincial and municipal people's committees directly under the central government shall perform state management functions over agricultural and fisheries extension activities within their jurisdictions as follows:

a) Drafting and promulgating strategies, regulatory legal documents, and policies on agricultural and fisheries extension that are suitable to local conditions;

b) Approving and directing the implementation of agricultural and fisheries extension programs and plans at the local level;

c) Ensuring funding to support activities and implement agricultural and fisheries extension policies within the province;

d) Managing local agricultural and fisheries extension funds;

đ) Engaging with domestic and foreign organizations and individuals to attract capital for local agricultural and fisheries extension activities;

e) Reporting every six months to the Ministry of Agriculture and Rural Development and the Ministry of Fisheries on local agricultural and fisheries extension activities.

Article 20. Commendation and handling of violations

1. Organizations and individuals with achievements in agricultural and fisheries extension activities shall be rewarded according to the provisions of the law.

2. Organizations and individuals who violate the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution, if damage is caused, they must compensate according to the provisions of the law.

3. Annually, the Ministry of Agriculture and Rural Development, the Ministry of Fisheries, and provincial and municipal people's committees directly under the central government shall organize summaries and draw lessons from agricultural and fisheries extension activities.

Article 21. Petitioning and Reporting

1. Organizations and individuals have the right to lodge complaints against administrative decisions and actions of administrative state agencies and persons authorized in such agencies when there is evidence that these decisions and actions contravene the provisions of this Decree, in accordance with the law on complaints and denunciations.

2. Individuals have the right to report to competent agencies, organizations, and individuals about violations of the provisions of this Decree by other organizations and individuals, in accordance with the law on complaints and denunciations.

3. Competence, procedures, and deadlines for handling complaints and denunciations shall be implemented in accordance with the law on complaints and denunciations.

Chapter VI
IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Government Decree No. 13/CP dated March 2, 1993, on agricultural extension work.

Article 23. Responsibility for Implementation

1. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall coordinate with relevant ministries and sectors to guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial and municipal people's committees directly under the central government shall be responsible for implementing this Decree./.