Decree No. 290 on Agricultural Law

Agricultural Law of the Democratic People's Republic of Korea Adopted as Decree No. 290 of the Presidium of ~ the Supreme People's Assembly 011 December 18, Juche 87 (1998) Chapter 1. Fundamentals of the i\..gricultural Lay/ Article 1. The Agricultural Law of the Democratic People's Republic of Korea contributes to developing agriculture and consolidating the socialist rural economic system by establishing aorigid system and order in agricultural production and in solidifying the material and technological foundation of agriculture, protecting the agricultural resources and administering agricultural products. Article 2. Agriculture is one of the two major branches of the national economy. The State shall increase agricultural production, thus solving the problemof food for the people on a high level and ensuring full supply of raw materials for industry. Article 3. In the Democratic People's Republic of Korea a firm material and technological foundation of agriculture has been laid, the level of agricultural production has been heightened and a socialist agricultural system has been strengthened. The State shall pay deep attention to consolidating the successes achieved in the development of agriculture, improving the agricultural structure and highly developing agricultural production. Article 4. The economic form of agriculture of the Democratic People's Republic of Korea is a socialist form. The socialist form of agriculture consists ofthe state sector and the cooperative sector. The State shall enhance the leading role of the State sector and gradually develop the cooperative sector to the State sector in ~ accordance with the matured conditions and possibilities and the voluntary will of the members of the cooperative organizations. Article 5. The masters of agricultural production and management are the agricultural working people. The State shall ensure that the agricultural working people participate in agricultural production and management as befits masters by respecting their opinions and requirements and giving play to their creativity and activeness. Article 6. Development of diversified farming is a basic condition, for satisfying the diverse demands for agricultural products. The State shall develop grain production and other areas of agricultural production in reasonable proportion. Article 7. The Juchc farming method is a method that ensures high and steady yields by farming scientifically and technologically in conformity with the climatic and soil conditions of the country, the biological characteristics of crops and the regional conditions. On the basis of the achievements of the agricultural science and technology the State shall further develop the Juche farming method and apply it to agricultural production in a thoroughgoing way. Article 8. Consolidating the material and technological foundation of agriculture is an important guarantee for freeing the agricultural working people from toilsome labour and increasing agricultural production. The State shall increase investment in agriculture in a systematic way and thus raise the level of industrialization and modernization of agriculture. Article 9. Giving active assistance to agriculture is an intrinsic demand of the socialist society. The State shall intensify diversified assistance to agriculture according to the actual demand for the development of agriculture. ,.., .' Article 10. The State shall give rein to the creativity of the farming units and steadily improve the method of agricultural management on the basis of intensifying its unified and planned guidance of agriculture. Article II. The State shall develop exchange and cooperation with other countries and international organizations in the field of agriculture. Chapter 2. Agricultural Production Article 12. Agricultural production is an important work that produces grains, vegetables, industrial crops, livestock and poultry products, fruits, cocoons and the likes. The State planing organs, agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall plan reasonable agricultural production and organize production efficiently. Article 13. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall allocate various areas of agricultural production in combination with the main stress on grain production. . The areas of agricultural production shall be allocated after the demands for agricultural products and the natural and economic conditions of the regions are taken into account for high productivity. Article 14. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall raise the level of specialization of agricultural production. The organs, enterprises and organizations that specialize in agricultural production shall develop production of different kinds of crops, domestic animals, trees and cocoons in accordance with the level of the development of the agricultural science and technology and their actual situations. Article 15. Paying primary attention to seed production is an important way for increasing agricultural production. The agricultural guidance organs, seed management organs, pedigree farms, seed farms.slivestock breeding farm's, seedling nurseries, egg-breeding farms and otber organs and enterprises that produce and supply seeds shall establish a proper system of seed production and supply so as to produce and supply in time seeds of a high degree of purity that give high yields and suit the climatic and soil conditions of the regions. The organs and enterprises that produce and supply seeds shall provide the conditions for the growth of seeds, prevent the degeneration of seeds and store and manage seeds as stipulated by law so as to ensure their quality. Article 16. Only the seeds that are registered in the State and passed tests shall be used. As for the grain seeds, they shall be planted when they are assessed favourably at the test cultivation in the relevant regions even though they are registered in the State and passed tests .. Registration and test of seeds shall be performed by relevant organs. Article 17. The main thing in agriculture is grain production. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall execute the plans of grain production without fail by increasing the planting area of rice, maize, potato and other high-yielding crops, tending them carefully and raising their unit-area yields. 3 Article 18. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall fix the area of vegetable fields reasonably, introduce nutritive and high-yielding kinds and varieties of vegetables and raise their yields. The organs, enterprises and organizations that produce vegetables shall cultivate vegetables .in a staggering way and in greenhouses to meet the seasonal demands for them and apply various advanced methods for vegetable cultivation. Article 19. The Statevowned farms, cooperative farms and relevant organs, enterprises and organizations shall plant intensively the industrial crops for producing choice goods, oil, medicines and fibres on the right soil and increase their production by bringing idle lands.under cultivation. Article 20. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall introduce multiple cropping to increase the productivity of crop lands. The area of multiple cropping shall be decided after taking into account the availability of manpower, seeds, water and fertilizers. Article 21. Stock-breeding shall put main emphasis on joint stock-breeding in combination with individual sideline stock-breeding. The organs, enterprises, organizations and citizens that raise livestock shall raise mainly grass eating animals and various other domestic animals as suited to the characteristic features of the regions, improve the methods of raising them and intensify veterinary and anti-epizootic work. Article 22. Fruit production si1all put emphasis on producing apple and pear in combination with early-ripening and late-ripening fruits and the kinds and varieties that require less manpower and chemicals. The fruit farms and relevant organs, enterprises and organizations shall organize fruit production as suited to their situations and the regional conditions and gradually raise the proportion of the production of quality fruits. Article 23. The silkworm farms and relevant organs, enterprises and organizations shall raise mainly mulberry silkworms in combination with various other silkworms and introduce advanced methods of silkworm raising to increase cocoon production. Silkworm raising shall be performed intensively in the right season and also through a mass campaign according to the feed and labour conditions. Article 24. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall plant crops and their varieties according to the principle of the right crop on the right soil and the right crop at the right time and perform the work of every farming process efficiently in the right season. Article 25. The agricultural guidance organs and irrigation organs and enterprises shall establish a proper water control system and supply water in time for agricultural production. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall make an economical and effective use of water by improving methods of irrigation. There shall be permission of the agricultural guidance organs when irrigation water is to be used for purposes other than agricultural production. Article 26. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall raise the level of mechanization in agriculture by increasing the types and scope of mechanical work and making an effective use of machinery. Mechanical equipment like tractors set for agricultural production shall not be used for work irrelevant to agricultural production. 4 Article 27. The State planning organs, agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall improve the efficiency of chemical fertilizers, composite microbial fertilizers, organic fertilizers, chemicals, herbicides and the likes by securing them in time and applying them scientifically. Chemicals and herbicides that might do serious harm to man shall not be used for agricultural production. Article 28. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall discover pests opportunely and prevent damage from . them by establishing a pest control system. In a pest-ridden area an anti-epizootic committee may be organized with the permission of the Cabinet. Article 29. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall prevent the loss of crops by taking precautionary measures to prevent damages from rainstorm, high and low temperatures, hail and frost. The 'local . power organs and relevant organs may mobilize equipment, raw materials and manpower of organs, enterprises and organizations when they are needed to prevent the loss of crops. . Chapter 3. Strengthening of Material and Technological Foundation of Agriculture Article 30. The material and technological foundation of agriculture is a precious asset of the country for consolidating independence of agriculture and maintaining a high level of agricultural production. The State-owned planning organs, agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall carry out the work of strengthening the material and technological foundation of agriculture in a far-sighted way. Article 31. Land is a basic production means in agriculture. Farmland includes land that is used or is to be used for agricultural production. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall administer the land used for agricultural production. Article 32. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall regularly survey the farmland and report the results to the agricultural guidance organs. . Land to be used for agricultural production shall be registered in the agricultural guidance organs and re-classification of land shall receive permission of the central agricultural guidance organ. Article 33. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall bring wider area of land under cultivation by reclaiming tidal Oats and conducting a brisk movement to obtain new land. The organs and enterprises in charge of reclaiming land shall hand reclaimed farmland over to the agricultural production units after completing the lay-out of the reclaimed land and other projects planned in designs and passing the inspection of the results. The organs, enterprises and organizations which take over the reclaimed farmland shall usc it in agricultural production without delay. Article 3'1. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall periodically analyze soil, improve farmland in a planned way and increase its fertility by applying organic fertilizers in a great quantity. 5 The relevant organs, enterprises and organizations shall produce and supply reagents for soil analysis, materials for soil improvement and the likes as planned. Article 35. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall plan rezoning of land and rezone patches, sloping fields, idle land and so on. .~ ':I Farmland to be rczOlil :),,{ shall be made into standardized plots suitable for mechanized farming. Article 36. The agricultural guidance organs, fruit farms, silkworm farms and relevant organs, enterprises and organizations shall choose right land for orchards and mulberry fields and lay them out to facilitate irrigation, mechanical and chemical operations. The distribution and rotation of kinds and varieties of fruit trees and mulberry trees shall be conducted as stipulated by law. Article 37. The agricultural guidance organs, irrigation organs and enterprises, State-owned farms, . cooperative farms and relevant enterprises shall expand the irrigation facilities and equipment and repair and maintain them in a planned way. The small-sized or medium irrigation facilities and equipment may be repaired and maintained by the units that use them. Article 38. The agricultural guidance organs and irrigation organs and enterprises shall fill reservoirs with water in good time for agricultural production. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall actively obtain water resources and build water-storing facilities to storeas much water as possible. Article 39. The electricity-supply organs and. enterprises shall establish a proper electricity-supply system and ensure a smooth supply of electricity to the rural sector during every farming season. The relevant organs, enterprises and organizations shall supplement supply of electricity to the igricultural sector by building small-sized and medium power stations of various forms. ;'rticle 40. The machine-industry guidance organs, agricultural guidance organs, State-owned arms, cooperative farms and relevant enterprises shall produce and supply agricultural machines md other facilities, implements and spare parts to meet the demands for them and shall repair the agricultural equipment and implements efficiently in good time. Agricultural working people shall carefully handle, keep and maintain the agricultural equipment and implements. Article 41. The State shall introduce credit-vouching system in order to guarantee quality in the production and repairing of agricultural machines. The Cabinet shall designate the objects to be applied with the credit-vouching system and the period of vouching for their credit. Article 42. The chemical-industry guidance organs; agricultural guidance organs and relevant organs and enterprises shall produce and supply in time fertilizers, chemical and herbicides required for agricultural production. Article 43. The State-owned farms, cooperative farms and· relevant organs, enterprises and organizations shall secure draught animals needed for agricultural production and take good care of them. 6 Article 44. The agricultural guidance organs, agricultural science institutes and relevant organs, enterprises and organizations shall build reliable production bases of seeds, animal feed, veterinary medicines and fuel and artificial insemination bases in conformity with their actual situations. Article 45. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall find out places suitable for cultivating grass for grass eating animals and layout excellent meadows in a planned way in conformity with the geographical features, In this case they shall receive permission from relevant organs. Article 46. Capital construction related to agricultural production such as the development of farmland, and the construction of irrigation facilities, threshing grounds, pens for domestic animals and storehouses of the cooperative farms shall be conducted with the State funds as envisaged in the plan. As their material foundation is strengthened, cooperative farms may conduct small- and medium scale capital construction with their own funds. Article 47. The organs of State planning, materials supply, agricultural guidance and transport shall supply agricultural equipment and materials on a preferential basis to the State-owned farms and cooperative farms, the basic units of agricultural production. Agricultural equipment and materials shall not be used for purposes other than agricultural production. Article 48. Developing agricultural science and technology is a basic guarantee for increasing agricultural production. The agricultural science institutes and relevant organs shall intensify research into modern biology like cell engineering and gene engineering and agricultural production, and develop high-yielding seeds of good strains and new techniques, means and methods of agricultural production. The administrative organs for scientific and technological guidance, agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall introduce newly-developed agricultural science and technology without delay. Chapter 4. Protection of Agricultural Resources Article 49. Protecting agricultural resources is an important way for ensuring steady agricultural production. The organs of land and environment protection and agricultural guidance and relevant organs, enterprises and organization shall establish a system for protecting agricultural resources and protect agricultural resources in planned way. Article 50. The organs of agricultural guidance and land and environment protection, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall dig ditches, dredge rivers, build embankments, create erosion control forests, shelter belts and water conservation forests, and build terraced fields to protect agricultural resources from natural damages, The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall investigate the objects that may cause damages to agricultural resources, take measures for preventing them and promptly reconstruct farmland when it is washed away or buried. 7 Article 51. The agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall repair and maintain on a regular basis the facilities for protecting agricultural resources. The large facilities for protecting agriculture I resources shall be repaired and maintained by specialized enterprises, and the small ones by the units that use them. Article 52. The St(t~~-owned farms, cooperative farms and relevant organs, enterprises and organizations shall usd'furmland only for agricultural production and not lay it idle or misuse it. When farmland is to be used for construction and other purposes than agricultural production, it shall be agreed by the organs concerned and then approved by the Cabinet after substitute land is secured. Article 53. The organs, enterprises and organizations shall conduct construction that may do harm to agricultural resources and the ecology and environments of the areas and disposal of harmful materials as stipulated by law. Article 54. In order to prevent damages to agricultural resources, the State shall fix preserves and isolated places in the necessary areas of farmland, oak forests for tussahs, chestnut forests, irrigation facilities and in experimental farms, pedigree farms, seed farms and animal breeding farms. Preserves and isolated places shall be fixed by either the central agricultural guidance organ or the Cabinet. Article 55. The State-owned farms, cooperative farms and relevant organs, enterprises and .» organizations and citizens shall refrain from constructing in the agricultural preserves buildings and facilities irrelevant to conserving agricultural resources, quarrying stones, felling trees, digging out sand or soil, growing crops that may damage seed production or raising farm animals in the preserves. Article 56. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations and citizens shall protect and multiply good kinds native to Korea. The agricultural guidance organs and relevant organs shall provide the conditions needed for protecting and multiplying native kinds. Article 57. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations and citizens shall create conditions for the growth and propagation of those animals and plants that are beneficial to agricultural production. In case there is need to catch useful animals or pick plants, permission shall be obtained from relevant organs depending on their kinds. Article 58. The organs in charge of guiding hydro-meteorological service, agricultural guidance organs, State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall establish a system of weather forecast and information to prevent loss of agricultural resources owing to unfavourable weather and ensure promptness and scientific accuracy in this work. The organs and enterprises' in charge of managing reservoirs and barrages and relevant organs, enterprises and organizations shall manage drainage facilities on a scientific and technological basis to protect agricultural resources from flood damage. Chapter 5. Management of Agricultural Products Article 59. Management of agricultural products is the work of receiving information of agricultural products, keeping and dealing with them. 8 The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall manage agricultural products in keeping with their biological characteristics. Article 60. The agricultural guidance organs and statistical organs shall be informed of agricultural production. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall weigh and register agricultural products without omission and make a correct report of their amounts to agricultural guidance organs and statistical organs. Article 61. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall prevent the loss, rotting and decay of agricultural products and substandard products by carefully harvesting, threshing, sorting out, transporting, processing and dealing with them. Article 62. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall provide containers for packing agricultural products as prescribed. The organs and enterprises specializing in the production of packing containers shall produce the planned ones without delay. Article 63. Grain procurement and administration bodies, commercial organs, state-owned farms, cooperative farms and relevant organs, enterprises and organizations shall keep agricultural products in facilities provided with technological and safety conditions. The keeping of procured agricultural products shall be the responsibility of grain procurement and administration bodies and enterprises or commercial organs and enterprises. However, until they are carried to State intermediate storehouses, it may be undertaken by the organs, enterprises and organizations designated by the Cabinet. Article 64. The State-owned farms, cooperative farms, and relevant organs, enterprises and organizations shall deal with agricultural products according to the State plan, contracts or as prescribed otherwise. Rice may be delivered or purchased to tile State both in unhulled and polished states. Article 65. The State-owned farms, cooperative farms and relevant organs, enterprises and organizations shall put agricultural products under inspection when delivering or purchasing them to the State. The inspection of agricultural products shall be conducted by the State organ in charge of quality control. If necessary, inspection may be done by the organs, enterprises and organizations authorized by the State organ in charge of quality control. Article 66. The State-owned farms and cooperative farms may sell some of the agricultural products like vegetables, fruits and milk through direct sales shops. The kind and quantity of these products and the time of selling them shall be decided by relevant organs. Article 67. The State-owned [arms, cooperative farms and relevant organs, enterprises and organizations may export agricultural products including industrial crops through relevant organs. In case they are going to take seeds out to other countries, they shall obtain approval of the agricultural guidance organ or the Cabinet. 9 Chapter 6. Guidance and Control over Agriculture Article 68. Strengthening guidance and control.over agriculture is an important demand arising in improving the agricultural management and hastening agricultural production and construction. The State shall strengthen guidance, supervision and control over agriculture. Article 69. The gUidr!~~ce over agriculture shall be performed by the central agricultural guidance organ under the unifieck,direction of the Cabinet. The central agricultural guidance organ shall establish a proper system of agricultural guidance and grasp ancl guide overall agricultural production by placing the main stress on solving the problems concerned with the development of agricultural technology and the prospect of agricultural development. Article 70. The local agricultural guidance organs shall give guidance to the agricultural production of their regions in a responsible manner and realize material and technological assistance to the rural economy. Article 71. The agricultural guidance organs, State-owned farms and cooperative farms shall establish a control system offarming and a system of technological guidance over farming, grasp all the processes of agricultural production, give scientific and technological guidance to them and manage agriculture by industrial methods. Article 72. The State-owned farms and enterprises that serve the rural economy shall apply the self.. balancing system properly and improve their management under the planned guidance of the State. Article 73. The cooperative farms shall apply the workteam-prernium system and the sub-workteam management system efficiently in the management of agriculture. Article 74. The State-owned farms and cooperative farms shall efficiently plan agriculture and control manpower and finance, increase the effectiveness of production by making use of the economic levers and perform distribution according to the socialist principle of distribution. Article 75. The agricultural guidance organs and relevant educational institutions shall establish a proper system of training technicians and specialists in the field of agriculture and train them in a planned way. Article 76. Supervision and control over agriculture shall be realized by the agricultural guidance organs and the organs concerned with this work. The agricultural guidance organs and the organs concerned with this work' shall exercise a strict supervision and control so that order is abided by in agricultural production, strengthening of the material and technological foundation of agriculture, conservation of the agricultural resources and management of the agricultural products. Article 77. When- a false report is made on the figure of agricultural production, farmland is misused, agricultural facilities, equipment and materials are destroyed or damaged or agricultural production suffered a loss, they shall be restored to the original state or due compensation shall be made for them. Article 78. The senior officials of the organs, enterprises and organizations and individual citizens who violated this law and wrought a serious harm to the development of agriculture shall bear administrative or penal responsibility for it depending on circumstances. 10