Decree 42/2012/nd-Cp: On Managing Land Use, Planting Of Rice

Original Language Title: Nghị định 42/2012/NĐ-CP: Về quản lý, sử dụng đất trồng lúa

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law of the land on November 26, 2003;

Pursuant resolution No. 17/2011/QH13 on November 22, 2010 of the national Expo of land use master plan 2020 land use plan and 5-year (2011-2015) national level;

According to the recommendation of the Minister of agriculture and rural development;

The Government issued the Decree on management, use of land for growing rice, chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on management of land use, planting of rice in the rice growing region of the country.

Article 2. The object to apply the agencies, institutions, households, individuals, organizations, foreign individuals are related to land use, management of rice cultivation.

Article 3. Explanation of terms 1. Rice land is land with the appropriate conditions to grow rice, including ground water and rice paddy land specialist.

2. specialist rice Land soil water are growing or are eligible to be cultivated rice in two years.

3. The land of rice paddy land include water only grow a rice paddy soil in years and slash.

4. Lady rice Land is land with suitable conditions for Lady rice.

5. rice soil polluting activities are put on in the land of toxic substances, micro-organisms and parasites harmful changes the texture, composition of substances, do not influence to produce rice, grain quality, the health of humans and animals.

6. Cause of soil degradation grow rice is rice soil makes the activities eroded, washed or being turned sour, salty, dry, alum ... soil fertility reduction and nutritional imbalance of ground rice, leading to reduced productivity of rice.

7. ground deformation of ground rice is the activity change of ground rice, rice made uneven texture, nutrient composition and flora leading to not grow rice.

Chapter II MANAGEMENT and USE of LAND for GROWING RICE article 4. The principle of establishing and managing the planning, land use plans rice 1. Planning, land use plans rice cultivation is one of the content in the planning, land use planning.

2. Limit maximum transfer of land dedicated to grain used in the non-agricultural purpose; encourage the reclaimed land area expanded rice cultivation, soil improvement of other specialist rice cultivation land rice water.

3. When planning, land use planning, only allows transfer of land dedicated to grain used in the the purpose of Defense, security, national interests, public interests and must be competent State agencies.

4. specialist rice cultivation Land must be strictly protected countries in the planning, land use plans; only adjust the planning, land use planning specializing in rice water in case of transfer of land dedicated to grain used in the non-agricultural purpose stipulated in paragraph 3 of this article and shall be competent State agencies allow.

5. The planning, land use plans rice cultivation must be monitored, examined closely, make sure to use the correct purpose of rice land, savings and efficiency; protect and enhance the quality of the soil.

6. land-use planning should match the rice land use planning to plant rice in the planning, land use plan has been approved.

7. implementation of democracy, in the process of planning, land-use planning to plant rice.

Article 5. Manage the transition of land use for rice cultivation purpose 1. The conditions to transfer the land use purpose specialized rice water: a) Is consistent with the planning, land use plan has been approved and authorized State agencies to allow transfer of the purpose of use;

b) Must have the option to use the land for maximum savings, expressed in the overall presentation of the project is the competent State agencies review;

c) Organization, individual State Affairs, land rental to use on non-agricultural purposes from the professional land rice water as defined in paragraph 3 to article 4 of this decree must have the option of using layers of soils and additional clearing land specializes in rice water is lost due to the transfer of the purpose of use as specified in paragraph 2 article 8 and Paragraph 2 of article 9 This Decree.

2. The conditions to transfer the land use purpose other rice: a Land Transfer to rice) used to plant trees every year to match the plans to convert the structure of local crops and do not affect the purpose of planting rice later;

b Land Transfer to rice) used on crops, livestock, aquaculture implementation as defined in art. 1 of this article;

c to use rice Land Transfer) into non-agricultural purposes execute as defined in point a, point b of Paragraph 1 of this article.

3. The Authority decided to transfer the land use purpose specialized rice water: the case of transfer of land dedicated to grain used on non-agricultural purposes as defined in paragraph 3 of article 4 of this Decree, the people's committees of provinces and cities under central must report the Ministry of natural resources and the environment The Ministry of agriculture and rural development review, the Prime Minister allowed before the committees Authority decided to transfer the land use purpose.

4. The Authority decided to transfer the land use purpose other rice: a) individual households when rice land transfer to plant trees every year to report people's Social Committee;

b) in addition to the case provided for in point a, when the switching of other rice lands to use for other purposes, the people's committees of provinces and cities under central must report the Ministry of natural resources and environment, Ministry of agriculture and rural development review, the Prime Minister allowed before the committees Authority decided to transfer the land use purpose.

Article 6. The liability of the rice land use 1. Use proper purposes of planning, land use plans rice cultivation has been the competent authority.

2. Use save, do not remove the wasteland, not polluting, soil degradation.

3. proper farming techniques, done, increase the service to improve the efficiency of production; improvement, increases the level of soil fertility, protection of the ecological environment.

4. The use of land for growing rice done right, his obligations within the time limit prescribed land use of land legislation and the provisions of relevant laws.

Article 7. The liability of the use of land when land use transfer rice 1. Done right the rules on the conditions to transfer the land use purpose planting of rice in article 5 of this Decree.

2. When rice land transfer to use on annual crops are made: a) according to the planned conversion of the plant;

b) do not deform the ground, do not alter the physical properties of the soil chemistry, to when needed is still cultivated rice;

c) Not damaging irrigation, infield transportation were invested on that land.

3. When rice land transfer to use on crops, aquaculture: a) apply measures to protect soil fertility; Prevention of pollution, environmental degradation of land, water;

b) If moving or damaging the infrastructures on land planted with rice, use to transfer responsibility to timely remedy, does not affect rice production of adjacent areas.

4. When rice land transfer to non-agricultural purposes, if the owner does not make the project, the project did not progress to wasteland will be revoked under the provisions of the law of the land.

Article 8. Protect and enhance the quality of the soil planting of rice 1. Prohibited acts: a) pollution, degradation, do deform the ground of land leads to not grow rice;

b) deserted land specializes in rice from the rice land and 12 others from 2 years not because of unforeseen disasters.

2. organizations and individuals by the State Affairs, land rental to use on non-agricultural purposes from the professional land rice water as defined in paragraph 3 to article 4 of this Decree, must have used topsoil layers in cultivation are approved by the authority, to improving the poor quality rice cultivation lands , other local agriculture; or submit an expense to the organization performing the above mentioned variants at other local under the guidance of the Ministry of finance and the Ministry of agriculture and rural development.

3. Organize, household, personal use of rice land when the detection risk or harmful behavior to the quality of the soil, contaminate, soil degradation needs to adopt measures to prevent and notify the competent authority and processed.

Article 9. Development of rice land fund 1. The people's Committee of the levels based on the planning, land use plan has been approved, has a policy of encouraging, supporting and reclaiming, investments, improving the land to grow rice land fund.

2. organizations and individuals by the State Affairs, land rental to use on non-agricultural purposes from the professional land rice water as defined in paragraph 3 to article 4 of this Decree, must have made reclaiming, recovery, reclamation of other ground rice water rice specialist was approved by the authorized , to supplement land specializes in rice water is lost locally; or submit an expense to the organization performing the above mentioned variants at other local under the guidance of the Ministry of finance and the Ministry of agriculture and rural development.

Chapter III the SUPPORT POLICY for the PROTECTION and DEVELOPMENT of LAND for GROWING RICE article 10. Budget support for local rice production 1. Based on the land for growing rice, State budget priorities support for the local rice production (including regular spending and investment spending) through the quota allocation of the State budget was authorized to decide in accordance with the law on the State budget.

2. for the year during the local budget stability from 2012-2015, in addition to support from the State budget according to the current rules remain the central budget support targeted supplements for local budgets to rice production as follows: a VND 500,000) support/ha/year for land specializes in rice cultivation;


b) support 100,000 VND/ha/year for rice paddy land except land Lady are expanding spontaneously not by zoning, land use plans for growing rice.

3. Land for rice cultivation are supported based on the statistics of the province, the city of centrally by the Ministry of natural resources and environment announced by adjacent years ago in the construction budget allocation plan.

4. the people's committees of provinces and cities under central allocation funds are supporting the local authorities implement support for rice production.

5. The local rice production also enjoyed the rice production support policies as defined in paragraph 1, paragraph 2 this also enjoy the different policies of the State under the current rules.

Article 11. The policy supports the production of rice in State budget implementation to support the rice production as follows: 1. To support the annual rice production: a VND 500,000) support/ha/year for organizations, households, personal productivity expert rice cultivation on soil water;

b) support 100,000 VND/ha/year for organizations, families and individuals to produce rice on land except land Lady rice paddies are expanding spontaneously not by zoning, land use plans for growing rice.

2. Supports rice production losses caused by natural disasters, epidemics: a) supported 70% of the cost of fertilizers and plant protection drugs when the damaged rice production on 70%;

b) supports 50% the cost of fertilizers and plant protection drugs when the damaged rice production from 30-70%.

3. Support the reclamation, soil improvement rice cultivation: a) of 70% support the cost of reclamation, soil improvement has not used the land to grow rice or other rice soil into ground water rice specialist; the level of costs by the province people's Committee, the city of centrally determined;

b) 100% rice aid in the first year of the production on the new planting of rice land reclamation;

c) supported 70% of the varieties of rice in the first year to produce on land converted to other land rice specializes in growing rice.

4. Priority support for rice production insurance costs as a rule.

5. support mechanisms: a) with regard to supplement accepted local balance from the central budget to support 100% of the investment cost;

b) for local regulatory clause from the revenues split on the central budget to below 50%, then 50% of funding assistance;

c) The remaining use of local budget.

6. The institutions, households, personal productivity in addition to enjoying the rice production support policies as defined in paragraph 1, 2, 3, 4, this also enjoyed other support policies of the State under the current rules.

Chapter IV IMPLEMENTATION article 12. The Ministry of agriculture and rural development 1. Chairing the Organization directing the production of rice and the shift of crops on soil planting of rice under the provisions of this Decree and other relevant documents.

2. Presiding over the building instructions prescribed in clause 2 article 8 and clause 2 article 9 of this Decree.

3. Implementation awards for organizations, households, individuals perform well the management and use of land for growing rice.

Article 13. Ministry of natural resources and the environment 1. Hosted, in cooperation with the Ministry; Agriculture and rural development, industry and trade, construction, transport and related sectors, identifying land use needs of the industry, which clearly define the needs of land use from cultivated rice, rice land transfer purpose use.

2. Hosted, in cooperation with the Ministry of agriculture and rural development content of the tutorial, survey methods, criteria and system of land classification table rice nationwide scope; evaluation of transferring the land use purpose planting of rice defined in paragraph 3, point b paragraph 4 Article 5 of this Decree.

3. Guide the people's Committee of the province, the city of centrally determined the boundaries of the land to plant rice, especially ground rice water professionals need strict protection.

4. Complete the database construction of ground rice and certified rice cultivation land use before December 31, 2015.

5. General annual report the Prime Minister about the situation of land use and management of the local rice.

6. the Chair, in cooperation with the Ministry of agriculture and rural development and the ministries concerned, the Ombudsman examined the management and use of land for growing rice.

Article 14. The Ministry of planning and investment to 1. Hosted, in cooperation with the Ministry of finance, Ministry of agriculture and rural development in the allocation of capital for local support and the production of rice.

2. Mobilize, balance the Government decided the capital investment to implement the policies on management, protection of the soil planting of rice and wheat production under the provisions of this Decree and other legal texts concerned.

Article 15. The Ministry of finance 1. Balancing the budget resources spent on regularly to support for local production and rice.

2. Hosted, in cooperation with the Ministry of planning and investment, Ministry of agriculture and rural development, budget allocation for the local production of rice.

3. Guide the mechanism, policy support, quota allocation of the central budget, support regular spending for the local production of rice under the provisions of this Decree and other relevant documents.

4. Hosted, in cooperation with the Ministry of agriculture and rural development guidelines regulating the filing, management and use of funds stipulated in item 2 article 8 and clause 2 article 9 of this Decree.

Article 16. The people's Committee of the central cities, 1. Make the contents of land use, management of local rice cultivated under the provisions of this Decree and other legal texts concerned.

2. organizations publicize and tight management of planning, land use planning of local rice has been approved; determine the boundaries of the land to plant rice, especially ground rice water professionals need strict protection.

3. The Chairman of the provincial people's Committee, the city directly responsible before the law and the Government on the protection of the area, only about of land under rice cultivation, quality planning, land use plan approved for rice cultivation.

4. the specific conditions of the base, local policy decisions to support other than the provisions of this Decree to the land use management and grow rice effectively.

5. The annual report of the Ministry of natural resources and environment, Ministry of agriculture and rural development on the situation of land use and management of local rice.

6. Inspection, checking the implementation of land use and management of local rice.

Article 17. Terms of implementation 1. The Decree has effect as from July 1, 2012.

2. The regulations on the management and use of land for growing rice left with the provisions of this Decree are repealed.

3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, organizations, individuals responsible for the implementation of this Decree.