From January 05, 2019, Non-Compliant Crop Structure Transformation Will Be Penalized

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To be specific:, according to Decree 91, the penalty level for cases of restructuring crops on rice cultivation land that are not conformable is as follows:

- Restructuring crops on rice cultivation land that meets the conditions stipulated in Clause 1, Article 4 of Decree 35/2015/ND-CP (amended and supplemented in Clause 1, Article 1 of Decree 62/2019/ND-CP) but without registering with the commune-level People's Committee, may be fined up to 10,000,000 VND depending on the area converted.

- Restructuring crops on rice cultivation land that violates the conditions stated in Clause 1, Article 4 of Decree 35/2015/ND-CP (amended and supplemented in Clause 1, Article 1 of Decree 62/2019/ND-CP) may be fined up to 15,000,000 VND depending on the area converted.

Therefore, to restructure crops on rice cultivation land, it is necessary to meet the conditions stipulated in Decree 35/2015/ND-CP (amended and supplemented in Decree 62/2019/ND-CP) and must register the conversion with the commune-level People's Committee.

The conditions for converting from rice cultivation to planting annual crops, perennial crops, or combining rice cultivation with aquaculture are as follows:

- Do not lose suitable conditions for converting back to rice cultivation; do not cause pollution, or degradation of rice cultivation land; do not damage transportation or irrigation works serving rice cultivation;

- Comply with the plan for converting crop structure from rice cultivation to annual crops, perennial crops, or combining rice cultivation with aquaculture at the commune level (hereinafter referred to as the plan for converting crop structure on rice cultivation land), ensuring openness and transparency;

- Converting crop structure from rice cultivation to perennial crops should be done in designated areas, forming concentrated production areas and effectively utilizing existing infrastructure; it should align with the local direction for completing agricultural production infrastructure;

- In the case of combining rice cultivation with aquaculture, it is allowed to use up to 20% of the rice cultivation land area to lower the ground level for aquaculture, with the lowered ground not exceeding 120 cm in depth, and it must be possible to restore the ground level for rice cultivation when necessary.

Details are available in Decree 91/2019/ND-CP, effective from January 5, 2020.

Toan Trung

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