What are the requirements for the crop structure shift occurring on paddy land in Vietnam? What are the procedures for shifting crop structure on paddy land in Vietnam?
What are the requirements for the crop structure shift occurring on paddy land in Vietnam?
Pursuant to the provisions of Article 56 of the 2018 Law on Crop Production in Vietnam stipulating as follows:
Crop structure shift occurring on paddy land
1. Crop structure shift occurring on paddy land shall be subject to the following regulations:
a) Correspond to land use planning schemes of localities, market demands, water resource and climatic conditions;
b) Develop concentrated production areas for specific crops associated with land shuffling and combination as well as chain-based production linkages;
c) Ensure effective exploitation of available infrastructure; conformity with the planning and orientation for improvement of fundamental facilities for agricultural production in specific localities;
d) Avoid causing any loss of conditions necessary to recover the rice cultivation.
2. The Government shall issue specific regulations of this Article.
At the same time, according to the provisions of Clause 1, Article 13 of Decree No. 94/2019/ND-CP stipulating as follows:
Crop structure shift occurring on paddy land
1. The crop structure shift occurring on paddy land shall comply with Clause 1 Article 56 of the Law on Crop Production and the following regulations:
a) The crop structure shift plan shall be approved by a competent authority.
b) The crop structure shift does not cause any loss of conditions necessary to recover the rice cultivation; does not cause paddy land deformation, pollution and degradation; does not damage traffic works and irrigation works serving rice growing.
c) If the rice growing is associated with aquaculture, 20% of the area of the paddy land at maximum can be excavated for aquaculture production purposes at the depth of no more than 120 cm from the field level.
Thus, the crop structure shift occurring on paddy land must meet the above requirements.
What are the requirements for the crop structure shift occurring on paddy land in Vietnam? What are the procedures for shifting crop structure on paddy land in Vietnam? (Image from the internet)
Which agency has issued a plan to shift crop structure on paddy land nationwide?
Pursuant to the provisions of Clause 2, Article 13 of Decree No. 94/2019/ND-CP as follows:
Crop structure shift occurring on paddy land
....
2. A plan to shift crop structure on paddy land shall be prepared as follows:
a) The Ministry of Agriculture and Rural Development shall, according to the request of the provincial People's Committee and land use planning/plan approved by the competent authority, promulgate a plan to shift crop structure on paddy land nationwide according to the Form No. 01.CD in the Appendix X hereof.
b) The provincial People’s Committee shall, according to the plan to shift crop structure on paddy land nationwide, request of the district-level People's Committee and provincial land use planning/plan, promulgate a plan to shift crop structure on paddy land across the province according to the Form No. 02.CD in the Appendix X hereof.
c) The district-level People’s Committee shall, according to the plan to shift crop structure on paddy land across the province, request of the communal People's Committee and district-level land use planning/plan, promulgate a plan to shift crop structure on paddy land across the district according to the Form No. 02.CD in the Appendix X hereof.
d) The communal People’s Committee shall, according to shift demand of organizations and individuals within its commune and the shift plan of the district, promulgate a plan to shift crop structure on paddy land across the commune according to the Form No. 03.CD in the Appendix X hereof.
Thus, the Ministry of Agriculture and Rural Development shall, according to the request of the provincial People's Committee and land use planning/plan approved by the competent authority, promulgate a plan to shift crop structure on paddy land nationwide.
What are the procedures for shifting crop structure on paddy land in Vietnam?
Pursuant to the provisions of Clause 3, Article 13 of Decree No. 94/2019/ND-CP stipulating the procedures for shifting crop structure on paddy land as follows:
Crop structure shift occurring on paddy land
....
3. Procedures for shifting crop structure on paddy land:
a) Any domestic organization/household or foreign organization/individual that lawfully uses paddy land and wishes to make a shift to growing of annual crops or grow rice in association with aquaculture; any domestic household/individual that lawfully uses paddy land and wishes to make a shift to growing of perennial crops shall complete a registration form according to the form No. 04.CD in the Appendix X hereof and send it to the communal People’s Committee.
b) If the registration form is not satisfactory, within 03 working days, the communal People's Committee shall instruct the organization/individual to complete it.
c) If the registration form is satisfactory and conformable with the plan to shift crop structure on paddy land of the communal People’s Committee, within 05 working days, the communal People's Committee shall give a reply “Đồng ý cho chuyển đổi” (“Approve the shift”), append seal to the registration form, record information in the logbook and return the registration from to the land user.
d) In case of rejection of the registration form, a written response made using the Form No. 05.CD in the Appendix X hereof shall be sent.
Thus, the procedures for shifting crop structure on paddy land are as follows:
Step 1: Any domestic organization/household or foreign organization/individual that lawfully uses paddy land and wishes to make a shift to growing of annual crops or grow rice in association with aquaculture; any domestic household/individual that lawfully uses paddy land and wishes to make a shift to growing of perennial crops shall complete a registration form and send it to the communal People’s Committee.
Step 2: If the registration form is not satisfactory, within 03 working days, the communal People's Committee shall instruct the organization/individual to complete it.
If the registration form is satisfactory and conformable with the plan to shift crop structure on paddy land of the communal People’s Committee, within 05 working days, the communal People's Committee shall give a reply “Đồng ý cho chuyển đổi” (“Approve the shift”), append seal to the registration form, record information in the logbook and return the registration from to the land user.
In case of rejection of the registration form, a written response shall be sent.
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