Decree No. 77/2018/ND-CP on Supporting the Development of Small Irrigation Works, Field Irrigation Systems, and Advanced Water-saving Irrigation

DECREE

Regulations on Supporting the Development of Small Irrigation Works, Field Irrigation Systems

and Advanced Water-saving IrrigationHanoi, May 16, 2018

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

Pursuant to the Law on State Budget dated June 25, 2015;The Government issues this Decree on supporting the development of small irrigation works, field irrigation systems, and advanced water-saving irrigation.

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to the Law on Irrigation dated June 19, 2017;

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

This Decree stipulates support for the development of small irrigation works, field irrigation systems, and advanced water-saving irrigation, including investment in constructing new water storage facilities, advanced water-saving irrigation systems, electric pumping stations, culverts, and reinforced ditches and canals to meet the requirements of agricultural restructuring and the construction of new rural areas.This Decree applies to organizations and individuals who are members of grassroots irrigation organizations (hereinafter referred to as organizations and individuals) involved in the investment, construction, management, and operation of small irrigation works, field irrigation systems, and advanced water-saving irrigation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Small irrigation works are irrigation works with the mission of storing water, supplying water, irrigating, draining, and flood control with a scale smaller than: 20 hectares for mountainous regions nationwide; 50 hectares for midland and highland regions; 100 hectares for plain regions; 300 hectares for the Mekong Delta region.

Article 2. Applicability

2. Advanced water-saving irrigation for crops involves applying advanced techniques and equipment to irrigate using drip irrigation, sprinkler irrigation, sub-surface irrigation, ensuring water supply according to the needs of dryland crops or alternating wet and dry irrigation for rice suitable for each growth stage, combined with advanced farming practices in agriculture.

Article 3. Explanation of Terms

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

SUPPORT POLICIES

Article 4. Support for Investment in Building Water Storage Facilities

Chapter II

1. Content of the support policy:

a) Organizations and individuals investing in building water storage facilities are exempt from land rental fees when the state leases land for construction of such facilities;

b) Grassroots irrigation organizations investing in building water storage facilities are supported up to a maximum of 100% of design costs and construction machinery costs.

2. Conditions for support:

a) In accordance with the overall planning for village construction;

b) For the policy specified in point b, Clause 1 of this Article, the water storage facility must ensure water supply and irrigation services for at least three members of the grassroots irrigation organization; all beneficiaries must agree to contribute the remaining funding; the grassroots irrigation organization must manage and operate the facility after completion.

Article 5. Support for Advanced Water-saving Irrigation

a) Support up to a maximum of 50% of material, construction machinery, and equipment costs for building advanced water-saving irrigation systems for dryland crops, with a maximum support level not exceeding 40 million VND per hectare;

b) Support up to a maximum of 50% of costs for leveling fields, with a maximum support level not exceeding 10 million VND per hectare.

b) Grassroots irrigation organizations investing in building water storage facilities are supported up to a maximum of 100% of design costs and construction machinery costs.

Organizations and individuals must meet the following conditions:

a) For individuals: The irrigation area must be at least 0.3 hectares, and in mountainous areas, it must be at least 0.1 hectares; individual support must be through grassroots irrigation organizations;

b) For the policy specified in point b, Clause 1 of this Article, the water storage facility must ensure water supply and irrigation services for at least three members of the grassroots irrigation organization; all beneficiaries must agree to contribute the remaining funding; the grassroots irrigation organization must manage and operate the facility after completion.

b) For grassroots irrigation organizations: The irrigation area must be at least 2 hectares, and in mountainous areas, it must be at least 1 hectare, and they must have contracts linked with households or individuals directly engaged in production;

c) The advanced water-saving irrigation system must serve major national and local crops with advantages, meeting market demands, and adapting to climate change in each region.

b) For grassroots water management organizations: The irrigation area scale must reach at least 02 hectares, and for mountainous regions, it must be at least 01 hectare, and there must be linkage contracts with household families or individuals directly engaged in production;

Advanced irrigation systems that conserve water to serve major crop types at the national and local levels, which have advantages, meet market demands, and adapt to climate change in each region and area.

Article 6. Investment Support for Building Electric Pumping Stations, Dams, and Reinforced Canals and Irrigation Channels

1. Main Content of the Support Policy

a) Support for investment in building dams and reinforcing canals and irrigation channels: Maximum support up to 70%, specifically in midland, mountainous, and Central Highlands regions, maximum support up to 90% of the total investment value of the project;

b) Support for investment in building electric pumping stations in the Mekong Delta region: Maximum support up to 40% of the value of machinery and equipment purchased for construction.

2. The policy stipulated in point a, Clause 1 of this Article does not include land clearance costs.

Article 7. Sources of Support Funds

1. Central government budget supports localities to implement policies through programs and projects directly or integrated into related programs and projects.

2. Local government budgets and other lawful sources of funds from localities.

Article 8. Mechanism for Support

1. The state budget implements post-investment support as follows:

a) When the volume of work reaches 60%, 50% of the funds are disbursed;

b) When the volume of work reaches 100%, 100% of the funds are disbursed.

2. In cases where multiple different support policies (including those from other programs and projects) apply simultaneously and to the same content, organizations and individuals may choose to apply the most beneficial policy.

Article 9. Application Documents and Procedures for Receiving Support

1. Application Documents for Support:

a) A request for support form according to the model prescribed in the Appendix issued together with this Decree;

b) Approved documents;

c) Completion acceptance records for each phase or final completion acceptance records for the project put into operation and use.

2. Procedures for Receiving Support:

a) For projects supported from funds integrated into programs and projects: Payment and disbursement shall be carried out in accordance with the regulations of those programs and projects;

b) For projects supported from direct support funds, local government budgets, and other lawful local sources: Basic water management organizations and individuals investing in construction shall prepare one set of application documents (original) and submit them to the People's Committee of the commune. Within seven working days from the date of receiving complete and valid documents, the People's Committee of the commune shall be responsible for disbursing the support funds to the organizations and individuals investing in construction according to the allocated budget plan.

Chapter III

IMPLEMENTATION

Article 10. Responsibilities of Ministries

1. Responsibilities of the Ministry of Agriculture and Rural Development:

a) Direct and implement the contents as prescribed in this Decree. Develop standards, norms, and quotas for small-scale water conservancy works, field-level water conservancy, and advanced and water-saving irrigation;

b) Direct the development and dissemination of technical materials to support localities in implementing the contents as prescribed in this Decree;

c) Take the lead and coordinate with provincial People's Committees to monitor, compile, and inspect the implementation of this Decree.

2. Responsibilities of the Ministry of Finance:

Lead and coordinate with the Ministry of Agriculture and Rural Development and relevant agencies to review and guide financial support procedures to implement policies as prescribed in this Decree.

3. Responsibilities of the Ministry of Planning and Investment:

Lead and coordinate with the Ministry of Agriculture and Rural Development to allocate central government investment funds to support localities and arrange other sources of funds to implement policies as prescribed in this Decree.

Article 11. Responsibilities of localities

1. Responsibilities of Provincial People's Councils

a) Issue specific support levels for each policy based on the budget balance capacity and annual budget allocation to implement policies as prescribed in this Decree;

b) Issue special support policies outside those already prescribed in this Decree to support the development of small-scale water conservancy, field-level water conservancy, and advanced and water-saving irrigation;

2. Responsibilities of Provincial People's Committees

a) Propose specific support levels for each policy to the Provincial People's Council based on actual conditions in the locality. Direct and organize implementation according to regulations;

b) Based on actual needs and the budget capacity of the locality, develop and propose special support policies outside those already prescribed in this Decree to the Provincial People's Council;

c) Issue standard designs and typical designs for small-scale water conservancy works, field-level water conservancy, and advanced and water-saving irrigation suitable for the characteristics of each region within the province;

d) For projects implemented under the form of state budget support for construction materials, the Provincial People's Committee shall issue specific regulations on the management and settlement of state budget support funds in line with the actual conditions of the locality;

đ) Inspect and supervise investment in water conservancy works, field-level water conservancy, and the use of support funds from the state budget;

e) Report on the implementation of this Decree to the Ministry of Agriculture and Rural Development before March 31 each year.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12. Effective Date

This Decree takes effect from July 1, 2018.

Article 13. Responsibility for Implementation

The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally-administered cities, and related organizations and individuals are responsible for enforcing this Decree./.