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 to the law on State enterprises, 26 November 2003;
According to the recommendation of the Minister of agriculture and rural development, REGULATIONS chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the arrangement, organization, management and policy for State farm.
2. The object of this Decree apply include: State farm, the State agricultural enterprises (in this decree referred to as State farm) is the competent State agencies, ground lease for use on main purpose is agriculture.
Article 2. Goal alignment, state farm innovation 1. And sustainable use of land, efficient facility-existing techniques of State farm.
2. Improving the efficiency of production, business and competitiveness of the State farm; formation of the agricultural goods production focuses, aligns with the processing and consuming market.
3. creating more jobs, increasing income for workers, contributing to the socio-economic development, poverty, poverty reduction, security and defense.
Article 3. The principle of the arrangement, renovation of State farm.
1. Sort, innovation-state farm is associated with planning, socio-economic development plan and social planning, planning of local agricultural development.
2. Arrange the renewal, state farm must ensure distinct production tasks, business and public duties.
a) The farm served as the main business is moving to production, sales and accounting business according to the market mechanism.
b) switch to farm business but must take part in social functions and security, national defense, the State has the appropriate support policies.
c) farm was given the task of public utility is the main operational according to the provisions in article 19 the law on State enterprises.
Chapter II SORT STATE FARM article 4. Convert the State Farm 1. The mission farm production, specialized business perennials have infrastructures are relatively complete, profitable or offset costs shall continue to consolidate and improve efficiency on the basis of investment-intensive area of garden plants have grown attached to investments improving , upgrade, expand existing processing facilities or build new processing facilities towards mobilizing organizations and individuals inside and outside the farm contributed shares; just expand the area planted when there truly effective projects. Land not used or used less efficient then the local authorities recovered for use under the provisions of the law of the land.
2. Mission farm produce business, annual crops and livestock have been stable, long-term stock to employees; form the region producing large scale focus, providing raw materials for processing and agricultural goods for export; profitable or offset costs shall continue to consolidate, reorganize production, do offer clues like tree planting, livestock, construction applications and the transfer of technical progress, developments in processing, consumption of agricultural products for farmers in the region.
3. The annual tree production farm and breeding facility for processing, manufacturing and trading poorly, made of white land securities to workers, then keep only the part to the production area, business like, build the application model and to transfer technical advances for farmers in the region , most of the remaining land area of local Government revoked under the provisions of the law of the land for delivery or for the Organization, individuals hired used according to other more effective purposes.
4. Dissolve the weak management, farm business losses for three consecutive years or current farm income primarily based on revenues from the lease of the land.
5. Continue holding back or the new farm established in remote areas, borders, Islands have many ethnic minorities and certain service requirements, immigration, security-defense. Farm management is only part of the land is suitable for the production of seed, application modeling, technical transfer and construction of processing facilities to serve the community in the region; tight match between the task of social-economic development with security, defense.
Article 5. The mechanism of action of State Farm 1. The State farm 100% state capital operating under the State Enterprise Law, when transformed into the joint stock company operating under the enterprise law.
2. for State Farm made the task of public activities: the product, the service of the State Farm ordered, planned or tender by price or charge due to state regulations.
3. State farm produce-business but also to take part in social functions and security, defense in the remote areas, border regions, the defense strategy, the social-economic conditions particularly difficult, the State has proper policies led by the Prime Minister.
Chapter III IMPLEMENTATION SOLUTIONS article 6. On land 1. State farm of your self, to declare the use of the land and the people's Committee report, central cities where land and superior authority is Ministry, ministerial-level agencies, government agencies, State corporations according to the content guidelines of the Ministry of natural resources and the environment.
2. the people's committees of the province, the city of centrally coordinated with ministries, ministerial agencies, government agencies, State Corporation directed the State farm building or land use planning adjustment details of farm management are used in accordance with the master plan land use plans approved by local, sectoral development planning, planning, planning of socio-economic development of the locality, the project arrangement, renovation and development of farm business and results review State Farm's Land Fund.
Land use planning content details to clearly define an area of each soil type is retained, the land use plan, the time limit for land use, land handed over to the local.
3. the people's committees, the central cities of land use planning review details of local State-owned farm.
4. Based on the sorting scheme, innovation and development of local school was approved by the Prime Minister, provincial people's Committee, the central cities to conduct the delivery of land, land rental for State farm.
5. the form of land, land for lease: a) State land does not collect money for farm land use State-prescribed in clause 2 and clause 3 article 5 of this Decree.
b) State land or land rental charge to use land for agriculture production charge, business.
6. for land made the stocks to the households of workers and laborers, if done properly the contract, properly used, the purpose of share recipient households continued to use the land under a contract signed and have adjusted, appropriate additional administrative responsibilities of farm land. The land of white stock for recipients (essentially land rental), you must do the procedures Revoking land and move to form the land, land for lease under the provisions of the law of the land.
7. With regard to the land area of the farm were informally, there are disputes, breach of the provincial people's Committee, the city of centrally directed resolve each specific case in accordance with the law.
8. the people's committees of the province, the city of centrally directed to perform specific defined boundaries, land use boundary measurements, record-setting, certificate of land use rights for State farm land use.
9. the people's committees, the central cities of area recovery farm does not use, improper use, purpose of use is not effective; an area of leased land, has the assignment, have loaned; land sold the grounds; the land area of the farm is dissolved; the land area is adjusted due to shrinking production and business missions are approved by the authority to manage, use under the provisions of the law of the land.
The State farm must hand over full records of land fund recovered for the people's Committee of the central cities, where there is land.
10. Land area had recovered to be delivered or for hire as defined below: a) priority assigned land to individual households as officer, employee of the farm land has been revoked now no longer work in agriculture or agriculture dissolved for use in agricultural production purposes , aquaculture, salt.
b) prioritize land for ethnic minorities, farmers are living on land that does not have local production or lack of produce.
The time limit for land, agricultural land allocation limit for objects specified in point a, b the provision made under the current rules of the law of the land.
c) state farm land was for personal, household, the household, the individual was given land or rent land. Traffic limit of land made under the current provisions of the law of the land. Land use period from the date of delivery of the stocks.
d) continued land rental for land to which organization, individual households are renting the land. Land use period from the date of hire.
DD) land which was agriculture venture, links with other economic components of land delivery charge to use land or rent land for the joint venture partner, the link. Land use period counted from the date of contract signing.
e) agricultural land has sold land or orchards do farm livestock herd has sold the land rental to organisations, households and individuals have bought the garden or bought cattle. Land use period counted from the date of purchase of the grounds or barns, cattle.
g) land remaining after the delivery, rental for the specified at points a, b, c, d, DD, e, of this paragraph shall be assigned to other objects, in accordance with plans, land use plans of localities have been approved.
h) household organization, individual land use specified in this license are entitled to use the land after have finished the procedure of land, land rental and financial obligations made under the provisions of the law.
11. the land handed over to the people's Committee of the district, County, town, city in the province where land management; the case of the use of land in accordance with the planning, land use plan has been approved shall be granted land use right certificate and fulfill the financial obligations as stipulated by law.
Article 7. Of capital, and financial assets 1. The State farm is responsible for inventory, categorize, identify the type of capital, property, the existing debt; financial reporting to the time arranged, innovation.
2. The State farm implement reorganization, dissolution or transformation of ownership under the scheme was approved by the authorized are reviewed, resolved the backlog on finance, property, public debt as against State enterprises.
3. State Farm conducts the transfer of properties include: roads, irrigation works, schools, the infirmary because of the farm building, is currently managed and used to serve the needs of local General People's Committee for the central cities, or the unit is authorized to manage , use; delivery of the electrical system due to farm management, used for Vietnam electricity Corporation management. The properties are handed over the status quo both in terms of capital and assets according to the data shown on the bookkeeping at the time of delivery. The time limit for completion before 31 December 2004.
4. Ministry of finance specific instructions regarding the financial mechanism when transferred between the farm and the parties concerned.
5. Farm was liquidation money back to orchards, plantations, cattle, basic depreciation funds, to invest in intensive farming, planting the garden again, stores equipment, technological innovation, build the infrastructure according to the master plan, the plan was approved by the authority.
6. for the farm in the remote areas, border areas, Islands, defense strategy, the social-economic conditions particularly difficult layout plan of investing, maintaining, repairing infrastructure and economy-society by the State budget.
7. Holdings of plants, processing facilities, according to the current provisions of the law on capitalization. Conduct pilot equitizing gardens associated with processing facilities of the farm. Perform stock sale incentives for the production of raw materials.
Article 8. Labor policy.
1. State Farm conducts review of officers, employees, and labor, we have time to arrange, innovation; building layout plans officers, employees of the farm labour, towards use with suitable capacity, the Department of Labor's position, the competent authority report.
2. for workers in the process of arranging, organizing the production of State Farm's layout is not a job, was settle the mode as defined in Decree No. 41/2002/ND-CP dated 11 April 2002 and Decree No. 155/2004/ND-CP on August 11, 2004 by the Government on policies toward workers redundant by reorganization of enterprises State.
3. for workers assigned State Farm's land if the termination of labour relations between employers and employees, does not follow the regime prescribed in Decree 41/2002/ND-CP dated 11 April 2002 and Decree No. 155/2004/ND-CP dated 11 August 2004 of the Government which is resolved only support mode work according to the provisions of article 42 of the labour code.
4. for officers is the Director, Deputy Director, Chief Accountant and member of the Board (if any) of an redundant due to the reorganization of the Organization enjoy the policies prescribed in resolution No. 9/2003/NQ-CP dated 28 July 2003 of the Government on amendments supplementing resolution No. 16/2000/NQ-CP dated 18 October 2000 of the Government on the payroll in the administrative, business units. Source to pay from the Fund support organiser redundant workers under Decree No. 41/2002/ND-CP dated 11 April 2002 and Decree No. 155/2004/ND-CP dated 11 August 2004 from the Government.
5. Officers, workers receive land securities produced, orchards, cattle to be retirement age continue to perform the contract for the remainder of the time limit stated in the contract. Upon expiry of the contract of lease, if there is demand, the priority pick securities.
6. Officers, workers received land, lease the grounds, cattle farm, the income from paid results produced through receipt of land, orchards, cattle, they must fulfill the rules of the labor contract; the salaries, social insurance, health insurance, labor protection identified in the cost of production and is expressed in the contract of lease.
7. Workers get paid if the stock according to the rank, position, then the job of the stocks must be reflected in the content of the employment contract under the current rules. The wages of workers are charged to results, the stock must be stated in the form of paid employment contract.
8. Workers are working in the farm's facilities when local management console under paragraph 3 of article 7 of this Decree, local responsibility to receive, sort, settle the mode for workers under current rules.
Article 9. Science, technology 1. The State Farm made accelerate the application of scientific advances and new technology, high technology in production, processing and preservation of post-harvest products.
2. Implementation of the cooperation, forms the link between State farm with the institutes, centers, scientific research base of Central, local, region in the protection of genetic resources, selected, bred and produced the seed, livestock yield, high quality, competitive on the market.
3. Agriculture must become the Centre delivered the application progress of science-technology, agricultural extension service supply, forestry, market information for workers in agriculture and farmers in the region; The State supports a portion of funds from the funds of the Ministry of agriculture, local to perform this task.
Chapter IV IMPLEMENTATION article 10. The responsibilities of the ministries 1. The Ministry of agriculture and rural development, in collaboration with the Ministry of finance, Ministry of natural resources and environment, Ministry of Interior, Ministry of labor, invalids and Social Affairs and the Ministry of guidance related to this Decree.
2. Ministry of environmental resources and hosted, in cooperation with The relevant industry guidelines, reviewing, planning, management and use of land in the State farm.
3. The Ministry of finance in cooperation with the State Bank of Vietnam, the Ministry of agriculture and rural development, the Ministry of planning and investment, the provincial people's Committee and the central cities help the management, use of capital, property, finance, policy, related mode and source of funding to support implementation of the arrangement innovation, state farm.
4. The Ministry of agriculture and rural development evaluation of the project arrangement, state farm renovation of the local corporations and the Prime Minister for approval.
5. The ministries: Defense, public security appraisal of the project arrangement, renovation and development of farm business, the Corporation of the Ministry of the Prime Minister for approval.
6. the Board of innovation, business development and arrangement of the local mission, arrange, innovation and development of the Ministry of agriculture, the provincial people's Committee, the central cities.
Article 11. The responsibility of the provincial people's Committee and the central cities 1. Build on arranged schemes, innovation and development of the farm from the Prime Minister for approval is completed before June 2005 and steering the organization.
2. On the basis of your results, adjust land again, determine the boundary and the decision to land or rent land and the certification of land use for agriculture.
3. Direct the professional guide, check out the State farm building land use planning, renovation projects, arrange agricultural school.
Article 12. The responsibility of the State Corporation 1. Construction of the project of reorganization of existing State-owned farm Prime approval process (for a total of 91 companies); the Ministry considers the Prime Minister for approval (for a total of 90 company) before June 2005. The project of reorganization of the school of agriculture uốc the Corporation must have the agreement of provincial people's committees, the central cities. For corporations in the central cities, the provincial people's Committee, the city directly to the Prime Minister for approval.
2. Cooperation with the people's Committee of the provinces and cities under central review of land fund is managing, using and building or land use planning adjustment of agriculture to the people's committees of provinces and cities under central Government approval.
3. Directs the farm made the arrangement, renovation and development according to the approved plan.
Article 13. State Farm's responsibility 1. Implementation of the review of land fund is managing, using and building or land use planning adjustment of agriculture to the people's committees of provinces and cities under central Government approval.
2. production situation reporting, through the years, the business situation, interest rates, labor situation, property, materials, capital funds, the management of the farm; production variant, business innovation projects the authority for approval.
3. Implementing the sort of innovation projects agriculture after it is approved.
Chapter V article 14 ENFORCEMENT TERMS. The effect and enforcement responsibilities 1. This Decree takes effect after 15 days from the date The report.
2. The previous provisions contrary to this Decree are repealed.
3. Ministers, heads of ministerial agencies, heads of Government, directly under the President of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.