Circular No. 59/2009/TT-BNNPTNT guiding the implementation of certain provisions of Decision No. 107/2008/QĐ-TTg dated July 30, 2008 of the Prime Minister on some support policies for developing safe vegetable, fruit, and tea production, processing, and consumption until 2015.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decision No. 107/2008/QĐ-TTg dated July 30, 2008 of the Prime Minister on Several Support Policies for Developing Safe Vegetable, Fruit, and Tea Production to 2015

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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;

Pursuant to Decision No. 107/2008/QĐ-TTg dated July 30, 2008 of the Prime Minister stipulating several support policies for developing safe vegetable, fruit, and tea production to 2015 (hereinafter referred to as Decision No. 107/2008/QĐ-TTg of the Prime Minister);

The Ministry of Agriculture and Rural Development guides the implementation of certain Articles of Decision No. 107/2008/QĐ-TTg of the Prime Minister as follows:

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the implementation of Clause 1, 2, 3 Section III, Article 1; Clause 1, 2 Article 2 of Decision No. 107/2008/QĐ-TTg of the Prime Minister regarding criteria for determining concentrated safe vegetable, fruit, and tea production areas; infrastructure criteria for concentrated safe vegetable, fruit, and tea production areas; sources of funding and investment support content.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Organizations, individuals, and households investing in developing safe vegetable, fruit, and tea production, processing, and consumption.

Article 2. Guidelines for Point a, Clause 1, Section III, Article 1 on criteria for determining concentrated safe vegetable, fruit, and tea production areas

1. Located within the agricultural production planning area with land use rights for vegetable, fruit, and tea production for at least 10 years approved by the People's Committee of the province or centrally governed city.

2. The scale of the area is determined by the Chairman of the People's Committee of the province or centrally governed city, suitable for each crop and specific conditions of the locality.

3. It is a specialized vegetable production area or a vegetable area with short-term crop rotation; a specialized orchard or tea plantation.

4. Meets the criteria for land and water according to Decision No. 99/2008/QĐ-BNN dated October 15, 2008 of the Ministry of Agriculture and Rural Development on management of safe vegetable, fruit, and tea production and trade; not directly affected by industrial waste, household waste from residential areas, hospitals, centralized animal slaughterhouses, and cemeteries.

Article 3. Guidelines for Clause 2, Article 2 on infrastructure criteria for concentrated safe vegetable production areas

1. Transportation system:

a) Road connecting from the main transportation route to the production area: minimum road width of 3.5 meters, constructed with stabilized materials or higher;

b) Main roads within the area have a minimum width of 2.5 meters; branch roads have a minimum width of 1.5 meters.

2. Irrigation system: Depending on the conditions of each area, water source, and type of vegetable, appropriate irrigation systems should be selected:

a) Canal and reservoir systems should be constructed solidly if surface water (rivers, lakes) is used;

b) Reservoirs, filters, pumps, irrigation ditches, or pipelines should be installed if underground water is used;

c) Encouraging investment in sprinkler or drip irrigation systems to save labor and water.

3. Quality of irrigation water according to Point c, Clause 1, Article 3 of Decision No. 99/2008/QĐ-BNN dated October 15, 2008 of the Ministry of Agriculture and Rural Development.

4. Drainage system: Depending on the soil conditions and type of vegetable, appropriate drainage systems should be built, including gravity drainage or pumping.

5. Primary processing facility: Each production area must build at least one primary processing facility suitable for production scale and product types. The facility includes: receiving area; processing area; storage area; water supply area: reservoirs, washing tanks; sanitation area; and waste storage area.

Processing equipment must meet hygiene standards and comply with specified regulations.

6. Water supply station for primary processing:

a) Equipment: In areas not yet supplied with standard water, pumping stations, filtration tanks, settling tanks for primary processing should be constructed; capacity depends on the area size and volume of products to be processed.

b) Quality of processing water:

- For areas supplied with water from large-scale centralized water supply stations: Must meet the standards set out in Decision No. 1329/2002/QĐ-BYT dated April 18, 2002 of the Ministry of Health on Drinking Water Sanitation Standards;

- For other areas: Must meet clean water sanitation standards issued according to Decision No. 09/2005/QĐ-BYT dated March 11, 2005 of the Ministry of Health (effective until November 30, 2009) or according to National Technical Regulations: Drinking Water Quality Standards (QCVN 02:2009/BYT) issued by the Ministry of Health on June 17, 2009 (effective from December 1, 2009).

7. Waste storage tank for agricultural inputs: At least one tank per two hectares should be built to collect pesticide bottles, bags, and fertilizer containers. The tank should be solidly constructed with a bottom and roof cover.

8. Electrical system: Includes power lines and transformer stations; capacity should be suitable for specific conditions of each area; meeting production and processing requirements.

9. Net house: Depending on the conditions of each area, vegetable type, and planting season, net houses, greenhouses, or semi-permanent shelters of appropriate scale should be invested in.

Article 4. Guidelines for Clause 2, Article 2 on criteria for infrastructure in concentrated safe fruit and tea production areas

1. Transportation system:

a) Road connecting from the main transportation route to the production area: minimum road width of 3.5 meters, constructed with stabilized materials or higher;

b) Main roads within the area have a minimum width of 2.5 meters; branch roads have a minimum width of 1.5 meters.

2. Irrigation system:

a) Flat land area: Depending on each region's conditions and water sources, choose to invest in suitable irrigation systems such as:

- Canal and pond systems built either solidly or semi-solidly if surface water sources (rivers, lakes) are used;

- Water storage tanks, filtration tanks, pumps, irrigation ditches, or pipelines if underground water sources are used.

b) Hill and mountainous areas: Encourage the construction of additional reservoirs, water storage tanks, pumping stations, and water pipeline systems suitable for each terrain.

c) Encourage investment in sprinkler and drip irrigation systems to save labor and water.

d) The quality of irrigation water shall comply with the provisions of Clause 3, Article 3 of this Circular.

3. Drainage system: Depending on each region's conditions and crop types, design a suitable drainage system including gravity drainage or pump drainage.

4. Product collection and preliminary processing facility:

a) Each tea production area must establish at least one product collection facility with a scale appropriate to the area and tea yield of the region;

b) Each fruit production area must establish at least one preliminary processing facility with a scale appropriate to the area and volume of fruits requiring processing. The processing facility includes receiving areas; processing areas; storage areas; water supply areas: water storage tanks, washing tanks; sanitary areas; and waste storage areas.

Processing equipment must meet hygiene standards and comply with specified regulations.

5. Water supply station for fruit preliminary processing: As stipulated in Clause 6, Article 3 of this Circular.

6. Agricultural waste storage tank: As stipulated in Clause 7, Article 3 of this Circular.

7. Electrical system: Includes power lines and substations; with capacity suitable for specific conditions of each region; meeting requirements for production and preliminary processing of fruits and tea.

Article 5. Guidelines for Clauses 1, 2, 3 Section III Article 1 on sources of funding and investment content

1. State budget includes local and central budgets invested in the following contents:

a) Local budget (province, district) invests 100% of the cost for basic surveys and topographic surveys to identify regions with conditions suitable for concentrated safe vegetable, fruit, and tea production, and to develop investment projects for developing safe vegetables, fruits, and tea.

b) Local budget (province, district) and central budget under the management authority of the Ministry of Agriculture and Rural Development or other ministries and sectors, depending on specific conditions, may invest up to 100% of the cost for constructing and upgrading infrastructure: transportation; primary and secondary irrigation and drainage canals; pumping stations; low-voltage electrical systems according to approved projects.

2. Local budget supports investments in the following contents:

a) Wholesale markets, storage warehouses, water supply stations for preliminary processing, preliminary processing facilities, agricultural waste storage tanks;

b) Trade promotion;

c) Transfer of advanced technical knowledge on safe vegetables, fruits, and tea;

d) Issuance of certificates for safe production and preliminary processing conditions; certification and announcement of safe vegetable, fruit, and tea production in compliance with VietGAP standards; certification and announcement of safe vegetable, fruit, and tea processing in compliance with HACCP standards;

Specific levels of support are determined by the People's Committee of provinces and centrally governed cities, submitted to the People's Council for decision.

3. Agricultural extension programs on model development, training, and education on VietGAP and HACCP for farmers and officials in concentrated safe vegetable, fruit, and tea production areas are prioritized in annual funding from the Agricultural Extension Program and Fisheries Extension Program under Decree No. 56/2005/NĐ-CP dated April 26, 2005 of the Government.

4. Seed projects serving safe vegetable, fruit, and tea production are prioritized in seed projects of the Ministry of Agriculture and Rural Development and provincial people's committees for annual funding from the Crop and Livestock Seed Program under Decision No. 17/2006/QĐ-TTg dated January 20, 2006 of the Prime Minister.

Article 6. Implementation

1. This Circular takes effect 45 days from the date of signature.

2. The Plant Cultivation Department shall take the lead in coordinating with relevant Departments and Services to monitor, inspect, compile, and report to the Ministry of Agriculture and Rural Development on the implementation of Decision No. 107/2008/QĐ-TTg of the Prime Minister and this Circular nationwide.

3. Provincial Departments of Agriculture and Rural Development shall advise provincial people's committees on implementing Decision No. 107/2008/QĐ-TTg of the Prime Minister and this Circular within their jurisdictions.

4. During implementation, if there are difficulties or obstacles, organizations and individuals shall reflect them in writing to the Ministry of Agriculture and Rural Development (Plant Cultivation Department) for prompt resolution./.