Circular 30/2013/tt-Bnnptnt: A Guide To The Construction Methods Used Layers Of Soils And Additional Clearing Land Specializes In Rice Water Is Lost Due To The Transfer Of The Purpose Of Use

Original Language Title: Thông tư 30/2013/TT-BNNPTNT: Hướng dẫn việc xây dựng phương án sử dụng lớp đất mặt và bù bổ sung diện tích đất chuyên trồng lúa nước bị mất do chuyển mục đích sử dụng

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AGRICULTURE AND RURAL DEVELOPMENT
Number: 30 /2013/TT-BNPTNT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 11, 2013

IT ' S SMART

Instruct the construction of the project to use the ground layer and compensate for the size of the area

The cultivation of rice crops is lost due to the purpose of use.

____________________

Base of Protocol 01 /2008/ND-CP, 03 January 2008 of the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Agriculture and Rural Development; United States Digital Protocol. 75 /2009/NĐ-CP 10 September 2009 of the Government amended Article 3 of the Digital Protocol 01 /2008/NĐ-CP January 3, 2008 of the Government;

The Law of Land Law 2003;

Base of Protocol 42 /2012/NĐ-CP May 11, 2012 of the Government on management of the land of the land;

On the recommendation of the Director of the Bureau of Cultivation,

The Minister of Agriculture and Rural Development issued the Information Guide to the construction of the use of the ground layer and compensated for the loss of land-based agricultural land that was lost due to the purpose of use.

Chapter I

GENERAL REGULATION

What? 1 . Adjustment range

This information instructs the establishment, the review of the land-layer use of the soil that grows rice when it is used for use to renovate poor rice crops, other crops; the exploitation, the restoration, the conversion of other rice to the ground. In addition to the use of the lost land area, the use of the right to use by the purpose of the transfer, the land lease of the competent authority (later called the method).

What? 2 . Apply objects

1. Organization, domestic individuals, organizations, foreign individuals (investment owners) are assigned by the State, which lease the country to plant rice cultivation for use on non-agricultural purposes prescribed at point c 1 Article 5 of the Fourth Protocol. 42 /2012/NĐ-CP May 11, 2012 of the Government on Management, use of rice cultivation.

2. Agency, organization, other individual with regard to the appraisal, review, examination of the execution of the method.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. The Floor is the ground floor of the rice-growing country, which has a suitable rationalization for rice cultivation, depending on the type of soil that has varying thickness according to the grain distribution regulation of the Ministry of Natural Resources and the Environment.

2. The ground layer of the farming layer (later called the ground layer) The topsoil of the cultivated land of the country's cultivated land must be exploited when it is used for the conversion of poor rice crops, other crops.

3. Use of ground layers is the use of the mass of land mined from the soil layer of the soil that specializes in cultivation of rice when it is used to use to renovate poor rice crops, other crops, or to be extirpated, rehabilalized, to renovate other rice into farmland. The water.

4. Rice cultivation of low quality rice is the land that grows rice with one or some poor expressions suitable for growth, the development of the rice as follows:

a) The thinness of the cultivation of the thinkthinus by the grain distribution regulation of the Ministry of Natural Resources and Environment;

b) There are less-suitable properties suitable for growth growth of rice plants such as sour soil, alum, savory, silver soil, gray soil, sandy soil, indenent land ...;

c) The surface of the field is not flat;

d) The field of valleys, low.

5. Other farmland is the land that planted other agricultural crops besides rice crops.

Chapter II

SET, APPRAISAL, PROCESS

What? 4. Use of the ground layer to renovate poor rice crops, other farmland.

The measures to use the soil layer to renovate poor rice crops, other crops including:

1. Use the ground layer to convert poor rice crops:

a) Increase the thickness of the cultivar and the reformation of the chemistry of the rice-growing soil is thin, or have the least rational properties consistent with the growth of the growth of the rice tree, the gray soil, the ground, and the sand.

b) The improvement of the land of wheat, low or not flat: poured out the ground, increased the ground by weight.

2. Use the ground layer to renovate other crops:

a) pour out the ground with the height of the field to be filled with the inundation;

b), the increase in thickness, the quality of the cultivated land;

c) The addition of land to the field, gardens, and the cultivation of industrial trees, fruit trees, and other agricultural crops.

3. Use the ground layer to perform the methods in accordance with instructions on Article 5 of this Notice or the other in accordance with local conditions.

What? 5. Desolation, restoration, reclamation of other rice soil into wheat-producing land

The measures to offset the area of the lost grain of rice that were lost due to the purpose of use include:

1. Opening, submissive:

a) Build, renovate, upgrade irrigation systems, the internal transportation guarantees sufficient conditions to grow two crops a year or more;

b) Face-to-face, surface-forming, or conversion of soil chemistry to grow two crops/years or more.

2. Other rice soil renovation:

a) Sun in height of the land of wheat, low, non-sovereign water, which grows only one rice crop per year planting two cases of crops;

b) Build, improve irrigation systems, regulate crop height for rice crops by rainwater or non-active irrigation of only one rice crop of rice crops/year crops;

c) Building and renovate the land of rice into a terraced field planted by two crops per year.

3. Implemenation of other methods in accordance with local conditions for exploitation, restoration, and other rice soil conversion to rice cultivation.

What? 6. Set up, censure, degenerate, redress, reclamation of rice cultivation, other local farmland.

1. Based on the planning, the plan to use rice crops during each period of local time granted jurisdiction, the People 's Committee of the provinces, the Central City of Central City directed the local People' s Committee to establish a local methodology (for both). period and years of years); sent the Department of Agriculture and Rural Development to sum up, the report of the Provincial People ' s Committee approved.

2. Total variation content:

a) Regulation the soil thickness of the soil that specializes in cultivation of the rice that is required to use the purpose of being used in accordance with each type of grain of rice cultivation in the province;

b) The location, area of soil, land, or soil cultivation should be modified from the use of soil from the soil, which is used for use;

c) Identification of location, land-needed area, restoration, and other rice soil needs to be converted into a rice-growing country to compensate for the loss of the lost grain of rice when it is used for use.

3. The overall variation must be set up and reviewed at the same time or the slowest of six (06) months after the planning, the plan to use the local rice crop is reviewed.

4. The overall variation is publicly published at the headquarters of the People's Committee and on the local public information media.

What? 7. Set up, the master ' s specific method review

1. The owner of the base at the planning, the plan to use rice cultivation, the overall local variation, coordination with local authorities and the agreement with the land-use people to establish a specific method for each project on the basis of selecting measures. conform to regulation at Article 4, Article 5 of this Information.

2. The case of people using soil damage to crops, land works or damages due to delays, missing the period of cultivation due to the implementation of the method, the owner of the investment agreement with the land user on the level of support, compensation according to existing regulations and It ' s calculated at the general cost of implementing the project.

3. The local case has not yet approved the overall variation under regulation at Article 6 of this Smart, the Provincial People 's Provincial Committee directing specialized agencies, the district-level People' s Committee, the commune in coordination with the owner of the agreement with the land user. To locate, land, land, land, land, land, land, land, land, land, and soil, and use the ground floor and approve of the use of the ground, and the approval of the ground level is required for the basis of the basis of the project.

4. appraisal

The owner sends directly or through the second post office (02) of the same charge, the prescribed fee for the Department of Agriculture and Rural Development where the investment owner has the project. Profile:

a) The specified pattern of the prescribed method at the Appendix issued by this message;

b) The copy of the evidence for legal documents is related to the investment of investment and the investment site;

c) The method includes persuathy, the design of the underlying design design by the existing regulations on basic building investments; and with the citation of the local map, or citation of land that requires topsoil and soil that needs to be renovated, expropriated, and submissive;

d) The method of support, compensation for land users at the site of the need for renovation, exploitation, restoration (if available).

5. Presentation deadline:

a) Department of Agriculture and Rural Development examined the full calculation of the profile shortly after receiving a profile for the case of a live profile or during the period 05 (year) working day for the case of receiving a postal record. If the full profile is the Department of Agriculture and Rural Development recepts to the file, if incomplete, the additional requirements, completion of the case.

b) The Agriculture and Rural Development Department presided over, in coordination with the Department of Natural Resources and the Environment to conduct a case appraisal, if necessary, the field verification, the appraisal report. The time of appraisal since the valid date of receiving a valid record is ten (10) working days or twenty (20) working days for the case to verify the field. If the profile has not yet reached the request, the Department of Agriculture and Rural Development has the text to send the owner of the investment request, clarified. The response time depends on the content that needs additional, clarified, and does not count on the time of the appraisal.

c) Appropriation

For the project to have a certificate of investment registration or investment certificate level: The Department of Agriculture and Rural Development paid the investment owner a regulatory appraisal for the owner to submit to the agency with a project appraisal of the project along with a prescribed project profile. Oh, The results of the results of the project record and the appraisal report of the Department of Agriculture and Rural Development, the body of the appraisal of the National Committee for the Provincial People's Committee on Appropriation of the Investment Project.

For the other project: The Department of Agriculture and Rural Development the Provincial Committee of the Provincial People ' s Provincial Committee reviewed the appraisal.

Chapter III

THE ORGANIZATION.

What? 8. Distribution of responsibility

1. Provincial People ' s Committee:

a) Direcing specialized agencies, the District People's Committee, the township-building, the overall body of the local community; the guidelines, coordination with the owner of the agreement with the use of the land to create a specific methodology for each project; examination, job experience. The procedure was reviewed by the law of law;

b) censor the overall method of the local and the specific method of the specified investment holder;

c) The synthesis of the Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment.

2. Department of Agriculture and Rural Development:

a) Overall, the Provincial People ' s Committee approved the overall variation of the local government;

b) The Chair in coordination with the Department of Natural Resources and Environment appraisal of the investment holder;

c) The implementation of the implementation of the procedure has been reviewed under the regulation of the basic building investment law and by the division of the Provincial People's Committee;

d) Every year of aggregate, the report of the Provincial People's Commission results in the use of ground layers; the results of the excavation, the restoration, the renovation of the cultivation of rice and other farmland of the provinces in the province.

3. The Farm Bureau

a) Guide, check out these local practices;

b) Overall, report the Ministry of Agriculture and Rural Development by regulation.

What? 9. Terms of execution

1. This message has been in effect since July 26, 2013.

2. In the course of execution, if there is an entangrium, organizations, individuals report on the Ministry of Agriculture and Rural Development to timely review, resolve the ./.

KT. MINISTER.
Chief.

(signed)

-Eight.