Circular No. 30/2013/TT-BNNPTNT guiding the formulation of plans to use the top soil and offset the area of wet-rice farm land used for another purpose

24 Circular No. 30/2013/TT-BNNPTNT of June 11, 2013, guiding the formulation of plans to use the top soil and offset the area of wet-rice farm land used for another purpose Pursuant to the Government's Decree No. 01/2008/ND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; the Government's Decree No. 75/2009/ND-CP of September 10, 2009, amending Article 3 of the Government's Decree No. 01/2008/ND-CP of January 3, 2008; Pursuant to the 2003 Land Law; Pursuant to the Government's Decree No. 42/2012/ND-CP of May 11, 2012, on management and use of rice farm land; At the proposal of the director of the Cultivation Department, The Minister of Agriculture and Rural Development promulgates the Circular to guide Issue nos 06-07/June 2013 (Cong Bao nos 343-344/June 23, 2013) the formulation of plans to use the top soil and offset the area of wet-rice farm land used for another purpose. Chapter I GENERAL PROVISIONS Article 1. Scope ofregulation This Circular guides the fo1mulation and approval of plans to use the top soil of wet-rice farm land when it is used for another pmpose, to improve poor-quality rice fa1m land and other arable land; and plans to reclaim, restore and improve other rice fann land to offset the area of wet-lice fann land used for another pmpose under competent autholities' land allocation or lease decisions (below refened to as plans). Article 2. Subjects of application 1. Domestic and foreign organizations and persons (investors) allocated or leased by the State wet-lice fa1m land for non-agricultural use as stipulated at Point c, Clause 1, Article 5 of the Government's Decree No. 42/2012/ ND-CP of May 11, 2012, on management and use of rice fa1m land. 2. Other agencies, organizations and individuals involved in the appraisal, approval and examination of the implementation of the plans. Article 3. Inte1pretation ofte1ms In this Circular, the terms below are construed as follows: 1. Plough layer means the top layer of wet-rice farm land having physical and chemical properties suitable for growing rice. Various kinds of soil have different thicknesses according to the Ministry ofNaniral © Vietnam Law & Legal Forom Issue nos 06-07/June 2013 (Cong Bao nos 343-344/June 23, 2013) Resources and Environment's regulation on the classification of lice fann land. 2. Top soil of the plough layer (below refe1Ted to as the top soil) means the upper layer of the plough layer of wet-1ice farm land that needs to be snipped when the land is used for another purpose to improve poor-quality lice fann land and other arable land. 3. Use of the top soil means the use of the amount of soil which is stI·ipped from the top soil of wet-rice fa1m land when it is used for another purpose, to improve poor-quality lice fann land and other arable land, or to reclaim, restore and improve other lice fa1m land into wet-rice farm land. 4. Poor-quality lice fa1m land means lice fann land having one or several of the following characteristics unsuitable for the growth and development of rice: a/ The plough layer being the least thick according to the Ministry of Natural Resources and Environment's regulation on classification of lice fann land; b/ Possessing physical and chemical properties which are less suitable for the growth and development of rice such as acid, alkaline, saline, infe1tile, gray, sandy or boggy soil, etc.; c/ The uneven teITain of rice fields; d/ The hollow and low te1rnin of rice fields. 5. Other arable land means the land for cultivation of crops other than rice. Chapter II PLAN FORMULATION, APPRAISAL AND APPROVAL Article 4. Use of the top soil to improve poor­ quality lice fann land and other arable land 25 Methods of using the top soil to improve poor-quality lice fa1m land and other arable land include: 1. Using the top soil to improve poor-quality rice fa1m land: a/ To increase the thickness of the plough layer and improve the physical and chemical prope1ties ofrice fa1m land with a thin plough layer or physical and chemical prope1ties which are less suitable for the growth and development of rice such as infe1tile, gray or sandy soil; b/ To improve hollow, low or uneven rice fa1m land by elevating the te1rnin ofrice fields and increasing the flatness of the teITain with the top soil. 2. Using the top soil to improve other arable land: al To raise the teITain of faim land to prevent water logging; b/ To increase the thickness and improve the quality of the plough layer; c/ To add to fa1m land areas and gardens cmTently under industrial plants, fmit trees and other agricultural crops. 3. Using the top soil to cany out plans under the guidance in Alticle 5 of this Circular or other plans suitable to local conditions. Article 5. Reclaimation, restoration and improvement of other rice fann land into wet­ rice fa1m land Methods to offset the area of wet-rice fann land used for another purpose include: 1. Reclaimation and restoration: a/ To build, improve and upgrade the inner­ field irrigation and road systems to ensure conditions for growing two or more rice crops a year; © Vietnam Law & Legal Fornm 26 bl To restore the land surface and create a suitable top soil or improve the physical and chemical prope1ties of land to grow two or more lice crops a year. 2. Improvement of other arable land: a/ To elevate the low and hollow rice fann land where only one rice crop can be grown a year due to difficult water drainage for growing two rice crops a year; bl To build and improve the irrigation system and raise the height of the te1rnin of wet-lice fann land that depends on rainwater or cannot be easily inigated where only one rice crop can be grown a year, for growing two rice crops a year; cl To build and restore upland rice land into te1rnced field land for growing two rice crops a year. 3. Implementation of other plans suitable to local conditions to reclaim, restore and improve other rice farm land into wet-rice fa1m land. Article 6. Formulation and approval of master plans on reclaimation, restoration and improvement of local lice fa1m land and other arable land. 1. Based on approved local rice fa1m land use plans and master plans for each period, provincial-level People's Committees shall instruct district-level People's Committees to fonnulate local plans (for the whole period or each year) and send them to provincial-level Agiiculture and Rural Development Depaitments for summalization and repo1ting to provincial­ level People's Committees for approval. 2. Contents of specific master plans: a/ Stipulating the thickness of the top soil of wet-lice fa1m land that needs to be stiipped Issue nos 06-07/June 2013 (Cong Bao nos 343-344/June 23, 2013) when it is used for another purpose to be suitable to each kind of soil for wet-1ice faiming in the provincial area. bl Dete1mining the locations and areas of lots or plots of poor-quality lice faim land and other arable land that need to be improved by using the top soil sn·ipped wet-lice farm land when it is used for another purpose; cl Detennining the locations and areas of land lots that need to be reclaimed, restored and other rice fa1m land lots that need to be improved into wet-rice fa1m land to substitute the rice farm land areas used for another purpose. 3. The master plans must be formulated and approved simultaneously with or within six (06) months after the approval of the local master plans or plans on rice farm land use. 4. The master plans must be publicly announced at the headqua1ters of People's Committees at all levels and on local mass media. Article 7. Formulation and approval of investors' specific plans 1. Investors shall, based on local master plans or plans on rice fa1m land use and general schemes, coordinate with local authorities in and negotiate with land users to fonnulate specific plans for each project, selecting suitable methods as prescribed in Alticles 4 and 5 of this Circular. 2. In case land users suffer losses of either plants and constrnctions or late or missed season crops due to the implementation of the plan, investors shall discuss with land users support and compensation amounts cunent © Vietnam Law & Legal Forom Issue nos 06-07/June 2013 (Cong Bao nos 343-344/June 23, 2013) regulations and may include such expenses in the overall cost for implementing the plan. 3. In case the locality has not yet approved the master plan as prescribed in Alticle 6 of this Circular, the provincial-level People's Committee shall guide specialized agencies and district- and commune-level People's Committees to coordinate with investors in reaching agreement with land users on the locations and areas of land lots and plots that need to be improved or reclaimed or restored by using the top soil, and shall approve the thickness of the top soil to be stripped in order to serve as a basis for investors to fo1mulate plans. 4. Appraisal dossiers Investors shall send directly or by post two (2) dossier sets and fees according to regulations to provincial-levelAgriculnire and Rural Development Departments of locality where investors have projects. A dossier comprises: a/ A plan appraisal repo1t, made according to the fo1m provided in the Appendix to this Circular; b/ Certified copies of legal documents relating to investment policies and locations; c/ The plan including explaination and a base design smvey fo1mulated under the cmTent regulation on capital constrnction investment together with extracts of cadastral maps or cadastral measurements of the land lot that needs to have its topsoil stripped and the land lot that needs to be improved, reclaimed and restored; di The suppo1t and compensation plan for users of land lots that need to be improved, reclaimed and restored (if any). 27 5. Order and time limit for settlement: a/ The provincial-level Agriculture and Rural Development Depa1tment shall examine the adequacy of a dossier immediately after receiving it directly or within five (5) working days after receiving the dossier sent by post. The provincial-level Agriculture and Rural Development Department shall accept the dossier if it is valid and request the investor to supplement the dossier when necessary; b/ The provincial-level Agriculture and Rural Development Department shall assume the prime responsibility for, and coordinate with the provincial-level Natural Resources and Environment Department in appraising the dossier and inspecting the field if necessary to make an appraisal repo1t. The time for appraisal after receiving a valid dossier is ten (10) working days or twenty (20) working days for inspecting the field. If the dossier fails to meet requirements, the provincial-level Agriculture and Rural Development Department shall send its written request to the investor to supplement and clarify. The time required for reply depends on the content to be supplemented and clarified, and is not included in the appraisal time. c/ Plan approval For a project that must have an investment registration ce1tificates or investment licences, the provincial-level Agriculture and Rural Development Department shall hand over the plan appraisal repo1t to the investor for submission together with its dossier according to regulations to competent agencies for appraisal of the project. Based on the project dossier appraisal result and appraisal repo1ts of the provincial­ level Agriculture and Rural Development Department, the project appraisal agency shall submit the plan to the provincial-level People's © Vietnam Law & Legal Fornm 28 Committee for approval according to regulations on approval of investment projects. For other projects, the provincial-level Agriculture and Rural Development Department shall submit appraised plans to provincial-level People's Committees for approval. Chapter III ORGANIZATION OF IMPLEMENTATION Article 8. Responsibility assignment 1. Provincial-level People's Committees shall: a/ Instmct specialized agencies and district­ and commune-level People's Committees to fo1mula.te local master plans; guide and coordinate with investors in reaching a.gr·eement with land users to fo1mula.te specific plans for ea.ch project; examine and take over the implementation of the approved plan in accordance with law; b/ Approve local master plans and investors' specific plans according to regulations; c/ Summarize and repo1t to the Ministry of Agriculture and Rural Development and the Ministry ofNatural Resources and Enviromnent according to regulations. 2. Provincial-level Agriculture and Rural Development Depa1tments shall: a/ Summarize and submit the local master plans to provincial-level People's Committees for approval; b/ Coordinate with provincial-level Natural Resources and Environment Departments in appraising investors' specific plans; c/ Examine the implementation of approved plans in accordance with the law on ca.pita.I Issue nos 06-07/June 2013 (Cong Bao nos 343-344/June 23, 2013) construction investment and under the assigtllllent of provincial-level People's Committees; d/ To make an annual review and rep01t on the results of the use of the topsoil and reclaima.tion, restoration and improvement of rice fa.rm land and other arable land in the localities to provincial-level People's Committees. 3. The Cultivation Department shall: a / Guide and examine loca l i t i es' implementation of this Circular; b/ Summa1ize and repo1t the implementation of this Circular to the Ministry of Agriculture and Rural Development according to regulations. Article 9. Implementation provisions 1. This Decree takes effect on July 26, 2013. 2. Any problems arising in the course of implementation should be reported to the Ministry of Agr·iculture and Rural Development for consideration and settlement. For the Minister of Agriculture and Rural Development Deputy Minister VU VAN TAM © Vietnam Law & Legal Forom