Decisions on the policy of encouraging the consumption of agricultural goods through a contract _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
According to the recommendation of the Minister of agriculture and rural development.
Decision: article 1. The State encourages enterprises in the economic component of the contract the consumption of agricultural goods (including agricultural, forestry, fisheries) and salt with the production (cooperatives, farmers, farms, representing farmers) in order to mount the production with processing and consumption of agricultural goods to developing stable and sustainable production.
After the contract has been concluded is that the legal basis for the responsibility and obligations of the parties, protect the legitimate rights and interests between producers of raw materials and production businesses, business, processing and export according to the provisions of the contract.
Article 2. Agricultural consumption of contract goods must be signed with the production of the first production, beginning of the year or beginning of the production cycle. Before your eyes, make the signing of the contract for the consumption of the product is found primarily to exports: rice, seafood, tea, coffee, rubber, pepper, cashew, mulberry, fruit, meat, ... and the products mainly to domestic consumption through the processing industry: cotton, sugar cane , tobacco leaf, the raw material forest for paper industry, wood processing industry, milk and salt.
Contract agricultural consumption of goods signed between enterprises with producers in the forms:-advance capital, supplies, technical support, technology and the acquisition of agricultural goods;
-Materials acquisition of agricultural goods;
-Direct consumption of agricultural goods,-link production: farmers are using land use value to contribute equity, joint ventures, associated with the enterprise or for the enterprise land then farmers are producing on land donated shares, venture, or rent and resell agricultural products for business , create coherence between sustainable farmers and businesses.
Agricultural consumption of contract goods must ensure the content and form as required by the law.
Article 3. Some principal policies encouraging enterprises contracted consumption of agricultural products with the manufacturer.
1. On the land the people's Committee of the central cities, create favorable conditions for farmers made full legal rights of land use, use the value of land use rights to equity or venture, associated with processing enterprises import export business, agricultural products; directing the construction and planning the production of agricultural goods, create the conditions for the production and organization of production, business contracting consumption of agricultural goods; steering the mighty filling, change in plots where necessary.
The business processing, consumption, export of agricultural products in need of land to build the processing plant or warehouse of beach preservation and transport of goods shall be the first priority of land rental. provincial people's Committee, central cities have specific provisions facilitating the procedures and favorable prices to support the enterprises receiving investment land.
2. About The raw material production investment focus tied to processing facilities, agricultural goods consumption contracted consumption of agricultural goods are State budget support the part about investing in the construction of infrastructure (roads, irrigation, electricity, ...), the wholesale market system preservation, storage, market information network, the basis of quality control for agricultural goods. Financial mechanisms and budget support as defined in article 3, decision No 132/2001/QD-TTg dated 7 September 2001 of the Prime Minister.
3. About credit-credit for commercial, the commercial bank loan demand guarantees for producers and entrepreneurs join contracted under the interest rate agreement with the conditions and procedures. The producers, enterprises are mortgaged by the assets formed from loans to bank loans, are loans by trust and loan business projects effectively.
-The manufacturer, contracting business to consume agricultural products has manufacturing and processing projects are entitled to State investment forms from the Development Fund under the provisions of Decree No. 43/1999/ND-CP dated 29 June 1999 from the Government of the State of investment credit and decision No 2/2001/QD-TTg dated 2 January 2001 of the Prime Minister The Government.
-Enterprises signed contracts to export agricultural product consumption, production and business projects are loans from the export supporting Fund as defined in decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Minister on the regulation of export assistance credit. Enterprises consuming agricultural products bearing the seasonality are loans from the export supporting Fund for the purchase of agricultural goods under the contract and be applied forms of trust or mortgages with assets from loans to loans.
-For geographical regions, remote areas particularly hard, the border region, Islands outside the current credit policy for producers and loan business as: loans to poor households, reducing the lending rate when paying, ... also be made policy: + for projects processing agricultural products consumption of agricultural goods were borrowed from the development assistance Fund with interest rate of 3% per year. The case of the project by the State-enterprises perform when the project goes into operation, the State budget enough 30% working capital;
+ People's Committee, the city of centrally decided the use of local budget support loan interest rate the Bank for each project the production, processing, consumption of agricultural goods in accordance with the specific conditions of each locality.
4. On the transfer of technology and technical progress every year, the State budget dedicated account funding to support enterprises and producers have a contract to consume agricultural products: application of universal, fast (including imports) the new varieties, technical progress, new technologies in preservation processing of agricultural, forestry and fisheries; the new investment, renovate, upgrade the production facilities and breeding of crops, livestock breeds; diversifying the forms of propaganda, education (VIDEO, radio, television, Internet, ...) to universal fast technical progress and new technology, information about market news, prices to producers, the business.
The Department produced the goods with the contract the consumption of agricultural products that are priorities and in support of the work of agriculture, forestry, and fishery.
5. About the market and trade promotion in addition to current policies, with regard to the production of goods for export business focus in the economic component has a contract to produce consumption goods to farmers right from the start service precedence participated in the Government's commercial contracts and trade promotion programs by the Ministry of Commerce , The relevant ministries, civil society and local institutions.
Article 4. The signing and implementation of the contract goods and agricultural product consumption between producers with business must be done in accordance with the provisions of the law of contract.
Contract agricultural consumption of goods was confirmed Township people's Committee or the notary district certificate.
Enterprises and producers are responsible for the correct implementation of the commitments in the agreement; the party would not implement the signed content that cause damage to compensate for the damaged party.

The Contracting Parties agreed to jointly handle the risk of disaster, mutations of market prices and other unforeseen causes according to the principle of shared risk and was considering supporting a portion of damage according to the provisions of the law.
Businesses are not buying goods produce paintings of peasants that other businesses have invested in production development. Not be contracted consumption of agricultural goods that the manufacturer has signed a contract with other businesses. The production of agricultural products only sold goods produced under contract for other business when the business has invested or contracted consumption of agricultural goods refused to buy or not buy most of his goods and agricultural product.
When there is dispute about the contract, the Committee has the responsibility to coordinate with Vietnam farmers ' Union the same level and institutional associations and create conditions for the two sides to resolve by negotiation, conciliation. The case of the negotiation, conciliation is not achieved, the party bringing the dispute out of court to settle according to the law.
Article 5. In the course of performing the contract, if a violation of the business content: do not buy off of agricultural goods; buy not the right time, not in the right places as pledged in the agreement; commercial fraud in the quality standards, the number of agricultural goods; take advantage of exclusive properties of consuming contract to buy below the reviews concluded in the contract or other acts causing damage to producers, then depending on the nature and extent of the violations that are subject to the measures treated as follows: 1. the compensation for the entire damage caused by violations of the provisions of the law of contract;
2. State bodies have the authority to suspend or temporarily suspended the trading rights for the agricultural commodities that offending businesses and reported on mass media about contract violations by businesses.
Article 6. In the course of performing the contract, if the producers get paid in capital, materials of advance business has signed a contract that knowingly sell agricultural goods or sell agricultural goods to other businesses are not investing in the production contract; sale number missing, not the right time, not standard, quality assurance of goods specified in the contract; do not pay on time or had other violations, then depending on the nature and extent of the violations that must bear the form processing as follows: 1. To pay the debt back to business: supplies, capital (including interest on bank loan in advance time) got the advance;
2. To compensate the damage caused to the business under the provisions of the law of contract.
Article 7. The people's Committee of the central cities, the main responsibility in directing implementation of measures to promote the process of organization of production, consumption of agricultural products through local contracts, which need to make good some of the following:-directing the local industry widely propaganda among the people about the mode of production under contract , increase education about the law, enhance the sense of the law for the business executive and farmer to the people concur in response to new business methods in market mechanisms;
-Selection and specific decisions (cases should coordinate with the ministries concerned, the Corporation State) enterprises perform contracted consumption of agricultural goods; at the same time plans to gradually expand the method of contracting the consumption of agricultural goods, so that by 2005 at least 30%, by 2010 there are over 50% of the agricultural output of some major products are consumed through the contract.
-Guide the businesses and people who produce the contract agricultural production and consumption of local goods; directed the departments and branches of the test, urging the conclusion and implementation of contracts;
In collaboration with the Ministry of agriculture and rural development, Ministry of fisheries, the Vietnam Cooperative Alliance, the Vietnam farmers Association directs the implementation of the resolution of the 5th Conference of the Central Committee of the Communist Party of the key innovation, continuation of IX develop and improve the effectiveness of the collective economy from which to extend the method to produce consumption goods through contracts with farms;
-Take measures to help needed and facilitating the production of modal implementation business and consumption of agricultural goods through contracts, timely detection of the problems of enterprises and producers in the process of implementation of this Protocol; timely processing of these obstacles are the responsibility of local authorities, and to actively work with the ministries concerned to handle matters beyond the local jurisdiction;
-Directing the construction of a number of models of mode of production under contract to withdraw the general direction experience and improve the policy, in order to promote the process of linking more closely and efficiently between the production, processing and consumption of agricultural products and agricultural goods.
Article 8: responsibilities of the ministries and relevant organizations: 1. Ministry of agriculture and rural development, the Ministry of fisheries issued the contract form of consumption of agricultural commodities sector, to businesses and producers use in the implementation process; synthetic monitoring the implementing method of consumption of agricultural goods through contracts reported Prime 2. Ministry of Commerce is responsible for supporting the Business Guide to trade promotion, search engine market of agricultural products.
3. The Finance Ministry reviewing tax policies as appropriate for the Contracting Parties; construction of the mechanism of insurance funds policy sector the Government decision; Guide financial policies are concerned.
4. State Bank of Vietnam, the Foundation developed the Guide to organizing and directing work for businesses, who produced the loans specified in this decision.
5. State management agencies about government price guide principles determine the floor prices of agricultural goods that businesses buy from producer to ensure the production of beneficial, efficient business enterprise.
6. the Vietnam farmers Association, the airline industry Association promotes the role, the position of its industry support businesses and people who contracted production consumption of agricultural products.
Article 9. This decision has effect from the date of signing.
Article 10. The Ministers, heads of ministerial agencies, government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this decision.