Decree No. 62/2019/ND-CP Amending and Supplementing Certain Provisions of Decree No. 35/2015/ND-CP dated April 13, 2015 of the Government on Management and Use of Rice Cultivation Land

DECREE

Amending and supplementing certain articles of Decree No. 35/2015/NĐ-CP

dated April 13, 2015, on the management and use of rice-growing land

Pursuant to the Government Organization Law dated June 19, 2015;

Pursuant to the Land Law dated November 29, 2013;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 35/2015/NĐ-CP dated April 13, 2015, on the management and use of rice-growing land.

Article 1. Amending and supplementing certain articles of Decree No. 35/2015/NĐ-CP dated April 13, 2015, on the management and use of rice-growing land

1. Amending and supplementing Clause 1 of Article 4 as follows:

"1. Conditions for converting from growing rice to annual crops, perennial crops, or integrated rice-farming and aquaculture:

a) Not causing the loss of conditions suitable for returning to rice cultivation; not causing soil pollution or degradation; not damaging transportation infrastructure or irrigation facilities serving rice cultivation;

b) Consistent with the plan for adjusting crop structure from rice to annual crops, perennial crops, or integrated rice-farming and aquaculture on rice-growing land at the commune level (hereinafter referred to as the plan for adjusting crop structure on rice-growing land), ensuring transparency and clarity;

c) Adjustments in crop structure from rice to perennial crops must be carried out in regions to form concentrated production areas and effectively utilize existing infrastructure; consistent with the direction of improving infrastructure to serve agricultural production in the locality;

d) In cases where rice is grown concurrently with aquaculture, up to 20% of the rice-growing area may be lowered to accommodate aquaculture, with a maximum depth of lowering the surface level to 120 cm, and it must be possible to restore the surface level for returning to rice cultivation when necessary."

2. Supplementing Clause 4a as follows:

"Article 4a. Provisions on procedures for registering adjustments in crop structure on rice-growing land

1. Subjects who wish to adjust crop structure on rice-growing land shall submit one registration form to the commune People's Committee according to Model I attached to this Decree, including:

a) State agencies, organizations, households, individuals within the country, foreign organizations, and individuals legally using rice-growing land (land users) wishing to convert to annual crops or integrated rice-farming and aquaculture;

b) Households and individuals within the country legally using rice-growing land wishing to convert to perennial crops.

2. In cases where the registration form for adjustment is not valid, the commune People's Committee must guide the land users to correct and supplement the registration form within three working days.

3. In cases where the registration form for adjustment is valid and consistent with the plan for adjusting crop structure on rice-growing land of the commune People's Committee, the commune People's Committee shall issue an opinion "Agree to adjust" within five working days, stamp the Registration Form, record it in the register, and return it to the land user.

4. In cases where they disagree, the commune People's Committee must respond in writing according to Model II attached to this Decree."

3. Supplementing Article 5a as follows:

"Article 5a. Provisions on procedures for paying land protection fees when converting from dedicated rice-growing land to non-agricultural purposes

1. The payment of land protection fees shall be carried out according to the provisions of Clauses 2, 3, and 4 of this Article, and shall be part of the application dossier for changing the purpose of using rice-growing land to non-agricultural purposes as stipulated by the Land Law.

2. Individuals or entities granted land by the state or leased land shall prepare a declaration of the area of dedicated rice-growing land granted or leased by the state according to Model III attached to this Decree and submit it to the natural resources and environment authority to request determination of the area of dedicated rice-growing land required to pay land protection and development fees.

a) In cases where the declaration is invalid, the natural resources and environment authority must guide the individual or entity granted or leased land to supplement and complete the declaration and resubmit it within three working days.

b) In cases where the declaration is valid, the natural resources and environment authority shall issue a written confirmation of the area of dedicated rice-growing land required to pay land protection and development fees and send it to the individual or entity granted or leased land within five working days as the basis for determining the amount to be paid.

3. The individual or entity granted or leased land shall submit the dossier to the local financial authority to request determination of the amount to be paid for land protection and development fees, which includes: A request for confirmation of the amount to be paid according to the prescribed model at Model IV (for organizations) or Model V (for households and individuals) attached to this Decree; and the written confirmation of the area of dedicated rice-growing land required to pay land protection and development fees issued by the natural resources and environment authority.

a) In cases where the dossier is invalid, the local financial authority must guide the individual or entity granted or leased land to supplement and complete the dossier and resubmit it within three working days.

b) Within five working days, the local financial authority shall determine the amount to be paid based on the written confirmation of the area of dedicated rice-growing land required to pay issued by the natural resources and environment authority and notify the individual or entity granted or leased land according to the prescribed model at Model VI attached to this Decree.

4. The local financial authority shall organize the collection of the land protection and development fees and deposit them into the state budget as stipulated. In cases where the payment deadline specified in the notification from the local financial authority is exceeded, the individual or entity granted or leased land will have to pay additional late payment fees as stipulated by the law on tax administration."

"Article 8. Liquidity ratio, in case microfinance organizations have a risk of losing the ability to pay, losing the ability to pay

"Article 8. Using support funds

People's Committees at all levels shall use the funds paid by individuals or entities granted or leased land for non-agricultural purposes from dedicated rice-growing land and the support funds provided under Clause 2 of Article 7 of this Decree to implement land protection and development activities. Depending on specific conditions, the locality shall decide to carry out the following actions:

1. Supporting rice farmers

Not less than 50% of the funds used to support rice growers shall be utilized for applying new varieties, advanced technologies, and new production techniques in rice cultivation; supporting production linkage and product marketing.

2. The remaining portion of the funds shall be used for the following purposes:

a) Analyze the chemical and physical quality of rice paddy fields with high yield and quality periodically every ten years to use effectively and take appropriate improvement measures.

b) Improve the quality of dedicated rice paddy fields or remaining rice paddy fields: increase the thickness of the cultivation layer; raise low-lying rice paddy fields; improve the flatness of the field surface; treat acidity and salinity for fields affected by acid sulfate soils and salt, and other land improvement measures.

c) Investing in construction and maintenance of agricultural infrastructure in rural areas, prioritizing transportation and irrigation systems on rice-growing land;

c) Reclaim and transform unused land into dedicated rice paddy fields or remaining rice paddy fields.

5. Amend Clause 2 Article 9 as follows:

"2. Guide, inspect, and supervise the implementation of crop structure adjustment on rice paddy land in localities."

6. Supplement Clause 5 of Article 10 as follows:

"5. Annually share information and basic data on agricultural land and statistical data on agricultural land inventory with the Ministry of Agriculture and Rural Development."

7. Amend Clause 4 and Clause 6 of Article 13 as follows:

“4. Identify annual crops, perennial crops, or aquatic species suitable for crop structure adjustment on rice paddy land at the locality level according to this Decree. Direct specialized agencies to develop plans and organize the implementation of crop structure adjustment on rice paddy land in the locality.

6. Annually before December 31, report to the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development on the management and use of rice paddy land in the locality; report to the Ministry of Agriculture and Rural Development on the results of crop structure adjustment in the locality according to the model attached as Appendix VII to this Decree; report to the People's Council of the province on the allocation and use of funds for the protection and development of rice paddy land.”

8. Amend Clause 2 of Article 13 as follows:

“2. Organize the public announcement and strict management of the planning and land use plan for rice paddy land in the locality that has been reviewed; determine boundaries, draw maps of the area of rice paddy land, and high-yield and high-quality dedicated rice paddy fields. Direct environmental resources agencies when reclaiming land for allocation or leasing to determine the area of dedicated rice paddy land converted to non-agricultural purposes (if any) as the basis for determining the amount of fees for protecting and developing rice paddy land to be paid to the state budget.”

9. Supplement Article 13a as follows:

“Article 13a. Provincial People's Committee

1. Develop and promulgate the plan for crop structure adjustment on rice paddy land at the district level based on the provincial-level adjustment plan.

2. Guide, inspect, and supervise the implementation of crop structure adjustment on rice paddy land within the district.

3. Annually before December 15, compile the results of crop structure adjustment on rice paddy land according to the model attached as Appendix VII to this Decree; report to the provincial People's Committee (the specialized management agency for agriculture).”

10. Supplement Article 13b as follows:

"Article 13b. Commune People's Committee

1. Develop the commune-level plan for crop structure adjustment on rice paddy land based on the district-level adjustment plan according to the model attached as Appendix VIII to this Decree; organize the collection of opinions from households and individuals related to the determination of the adjustment area; publicly announce the plan for crop structure adjustment on rice paddy land at the commune People's Committee office in the fourth quarter of the previous year within sixty days.

2. Receive and process registration forms for adjustment; establish a record of crop structure adjustment on rice paddy land.

3. Promote, guide, inspect, and supervise the implementation of crop structure adjustment on rice paddy land by organizations, households, and individuals in the locality.

4. Annually before November 30, compile the results of crop structure adjustment on rice paddy land according to the model attached as Appendix VII to this Decree and report to the district People's Committee.”

Article 2. Effective Date

1. This Decree takes effect from September 1, 2019.

2. Repeal Clause 4 of Article 4 of Decree No. 35/2015/NĐ-CP dated April 13, 2015 of the Government on the management and use of rice paddy land.

3. Repeal Clause 7 of Article 14 of Decree No. 43/2014/NĐ-CP dated May 15, 2014 detailing certain provisions of the Land Law, which was amended by Clause 11 of Article 2 of Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing some decrees detailing the implementation of the Land Law.

4. Repeal Circular No. 19/2016/TT-BNNPTNT dated June 27, 2016 guiding in detail Article 4 of Decree No. 35/2015/NĐ-CP dated April 13, 2015 of the Government on the management and use of rice paddy land; Circular No. 19/2017/TT-BNNPTNT dated November 9, 2017 amending and supplementing some articles of Circular No. 19/2016/TT-BNNPTNT dated June 27, 2016 guiding in detail Article 4 of Decree No. 35/2015/NĐ-CP dated April 13, 2015 on the management and use of rice paddy land and guiding the conversion of crop structure on rice paddy land to perennial crops, annual crops, and integrated rice farming with aquaculture as stipulated in Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing some decrees detailing the implementation of the Land Law.

Article 3. Transitional Provisions

The use of support funds for activities specified in Article 8 of Decree No. 35/2015/NĐ-CP dated April 13, 2015 of the Government on the management and use of rice paddy land prior to the effectiveness of this Decree shall continue to be implemented according to the approved plan.

Article 4. Responsibilities for Implementation

The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairman of the People's Committees of provinces and centrally-run cities, and relevant organizations and individuals are responsible for implementing this Decree./.