Decision No. 179/2003/QD-TTg on the Goverment's Program and Plan on implementation of the resolution of the Party Central Committee's Political Bureau, the IXth Congress, on continued reorganization of state-run agricultural and forestry farms

OfflCIAL GAZCTll No. ·146 {ffi'-H-2003) THE PRIME MlNISTER DECISION No, 179/2003/QD-TTg OF SEPTEMBER 3, 2003 ON Tl-IE GOVERNMENT'S PROGRAM ANO ?LAN ON IMP\.EMENTATlON OF THe RESOLUTION Of THE PARTY CENTRAL COMMITTEE'S POLITICAL BURE.AU, THE JXth CONGRESS, ON CONTINUED REORGANIZATION, RENEWAL ANO DEVELOPMENT OF STATE~RUN A.GR\CUUURAL AND FORESTRY FARMS THE PRIME MINISTER Pursuant to the Law on Organization of the Government of December 25, 2001; Pursuant to the Political Bureau's Resolution No. 28-NQJTW of June r6, 2003, DECIDES: Article 1.- To promulga1e together with 1his Decision the Governmen1's program and plan on the lrnplementation of 1he Resolufon of the Party Central Committee's Political Bureau, the /Xth Congress, on continued reorganization, renewal and d&velopment of S1a.te-run agricultural and forestry farms. , :, ti Cit.. ..::. 1 : ,1., LJecision tak0,, ""ffect 15 d,iys after its publication in the Official Gazette. Article 3.-The ministers, the heads ot the ministerial /eve/ agencies, the beads ot the agencies attached to the Government and \'ne presidents o\ t'ne People's Comm/Hees of the provinces and centrally-run cities shttl\ have to implement this Decision. For the Prime Minister Deputy Prime Minister NGUYEN TAN DUNG No. '14ti(0Hl-?JJ03) THE GOVERNMENT'S PROGRAM ANO PLAN ON THE IMPLEMENTATION OF 'THE RESOLUTION OF iHE PARTY CENT~AL COMMITTEE'S POLITICAL BUREAU, THE 1X1h CONGRESS, ON CONTINUED AEORGANIZATION, RENEWAL AND DEVELOPMENT OF STATE~RUN AGRICULTURAL ANO FORESTRY FARM$ (Promulga(ed together with the Prime Minister's Dedsion No. 179/2003/QD-TT.q of September 3, 2003) A. OBJECTIVES AND REQUIREMENTS OF THI::. PROGFIAM AND PLAN The objectives of the program and plan are to organize the successful materialization ot the Political Bureau's Resolution on continued reorganiiation, renewal and development o1 State-run agricultural farms and forestry farms, with a view to raising the efficiency of the sustainable use o1 \he land and forest resources, perennial tree gardens and existing material-technical foundations; to form zones o1 conCBntrated, specia/izod, intensive large-scale production of commodity agricultural and forest products in association with processing and consumption; to raise the production eWciency and cornpetiHveness; to create more jobs for and raise incomes of !aborers, prohxt the eco)ogica'I environment and contribute to the hunger eradication and poverty alleviation; to step up the quick and efficient application of scientific and techno\ogical advances to agricultural and forestry production; to clearly define the functions and tasks of each agriculturaf or forestry farm and clearly distinguish the production and business !asks /rum Public-utility tasks; and flnhance the State management over agricultural and forestry farms. The requirements of the pronrarn and p!an are to concmtim t'1B viewpoints, ohjoctives and con1ents of the Resolution, on the basis of tho adequate study and gr;,1sp thereof, into legal docurnents for the irnplementetion of the Resolution in a synchronous, cornplete, ptompt and e11ectivo rnanrwr. 13. PHINCIPAL CON'tENTS OF THE PROGRAM AND PLAN I. Cor1tinuet1 reorganization and development of State-run agricultural and forestry farms 1. Classifying and reorganizing agricultural and forestry farms according to the orientations and tasl~ set forth in the Resolution, including: · Agricultural and forestry farms Which principally perform the business task, conducting production, business and accounting activities according to the S1ate-controlled market mechanism. • Agricultural and forestry farms Which perform the production and business tasks but have to partiaUy assume the social, secL,rity and defense functions (in deep-lying areas, border areas and islands). • Agricultural and forestry farms which principa!!y perform the public• utility tasks, operating in the form of service or public-utility enterprfses. 2. Revision of orientation and tasks of each State run agricultural or forestry farm for continued renewal or dissolution, Regarding agricultural terms: a/ Agricultural farms which shmJ\d further renew themselves and raise their operation efficiency: Agricultural farms specializing in cwltivating perennial trees and having relatively comp!ete intrastructures shal! concentrate on intensive farming on planted gardens, in combination with investment in renovation, upgrading and expansion of the existing processing establishments or bu[!ding of new ones {with equity capital contributed by organizations and individuals inside and outside the agricultural farms); they shall only expand areas for planting new trees when there flxist really elficient projec.:ls. /JI Agricu/tum/ farms Whi\,"TI snoutd caat~"l<.te to be mHintained but wilh changed orientations and tasks: · AqticuHural ta, rns spocialiring in larrriing OHICIAL GAZETTE No. 146 (0'/-9-2003) ~,ugarcarw, pin1 ,apple, silkworm mulberry, cotton, tobacco, etc., srrnll rnorganize lheir production associated wW1 rww0ssing enterprises; shift to th~l production of strains, building of modols of teclmical advances in service of agricultural farms and promotion of production in localities. Agr·icultura/ farms engaged in iood crops and other annual crops m husbandry sha\\ defir.i1.e1y shift 1.o 1.he rroduction of strains, building of models of application of technical advances for transfer to peasants for production; invest in renovation and upgrading of the existing processing establishments or building of new ones; and at the .sarne time, organize business activities and sign contracts wilh farmers for consumption of products. Agricultural farms in deep-lying, remote or border regions, or islands inhabited largely by ethnic minority people where exists the requirement to serve the sedentarization as well as security and defense shall manage approprlate land acreages for production of strains and building of models of application and transfer of scientific and technical advances and processing establishments in service of people in their regions; closely combine the socio-economic development, security and defense tasks. cl To set up new agricultural farms in deep-lying, rernote or border regions and islands inhabited largely by ethnic minority people where exists the requirement to serve the sedentarization as well as security and defense. Agricultural farms shall manage appropriate land acreages for production of strains and building of models of application and transfer of techniques and processing l"!Stablishmer.ts in serv\ce ot people in \heir regions; closely combine the socio--economic development, security and defense tasks. d/ Agricultural farms which should be transformed in ownership form or dissolved: Agricultmal farms which have suffered from business losses for many years or earn lh£-Jir incomes mainly from land rents, and noed not to be maintained. Flof)ardinu ioro~,try tmms: a/ forestry ha.rms which manage miin\y prodl..lct\on forests or land for planting of raw materials forests should continue to be inveGted for intonsive farming or use of new varieties, and forestry farms (raw material zones) should be assoc;iated with processing factories and shifl to operate under the production and business mechanism. o/ Forestry farms which manage mainly land under natural forests and land acreages planned for planting of protective forests or special-use torests shall be transformed into non-business units wi1!1 revenues (Le. management boards). c/ Forestry farms which manage small forestry land acreages intermingled with agricultural land and near popu\ation quarters nha\l be narrowed in \anct area or transformed into public-service enterprises with revenues, provide strain praductron services, and transfer technical advances to local peasants. di Forestry farms whicn should be transformed in ownership form or dissolved: Forest,y farms which need not to be maintained shall be dissolved and have their land recovered by the local administrations for use according to the provisions of law. 3. The Ministry of Agricu\tum and Rural Development snail assume l/1e prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, the People's Committees of lhe provinces and centrally-run cities and the State corporatiOns in, guiding the reorganization, renewal and development of agriculture! and forestry farms according to the above said reorganization and renewal orientations. The ministries and branches having agricultural farms or forestry farms, the People's Committees of the provinces and centrally-run cities and the State corporations shall direct the revision, reorganization, renewal arn:J development of agricultural and forestry /arms ol their resr.:mctive branches or localities, and elabomte schemes on reorganization, renewal and dlNGloprrn,mt tl1ereof, then submit them to the Prime No. ,4G (0l-1+·2003) OFHCIAL GAZETTE Minister for approval. II. Renewal and management of State-run agriculturnl farms and forestry farms 1. The land management and use a/ Land management: To concentrate on reviewing the \and funds and the actual situation of land management and uso by ag ricu ltu ra I farms and forestry farms. Basing themselves on the schemes on reorganization of agricultural farms and forestry farms, plannings and plans on socio-economic development as well as planning and plans on agricultural and forestry development in each geographical area or each ecological zone, locafmes shall clearly determine each category of land for efficient management and use. This is the most important and complicated task which requires concentrated direction focusing on the following land areas: + Land areas retained by agricultural farms and forestry farms for production and/or business purposes. + Land areas assigned to the local administrations for management for sub-assignment to peasants for management and use according to the provisions of law. + Land mu1s recovered by the local administrations for assignment to organizations and individuals for use according to the provisions of law, including: land used by agricultural and/or forestry farms not for the right purposes, not according to the planning and inefficiently; encroached land of agricultural and forestry farms. + Disputed land areas which must be handled according to law, including: Land areas involved in disputes between agricultural or forestry farms and local households·, and those involved in disputes between agricultural or forestry fanns ;:ind other ornanizations. b/ Land use: Land amat, re-taim,d by aqricultural and 1oms-t,y farrns mainly for perform.grn,u of trio production 3nd/or busino::rn tasks shall ho convmtnd into le,1.sed lnnr!. ., Land areas retainec1 by agr•icultural and forestry farms for periormam:e of public--utility tasks shall be assi~1ned IJy the State accorcling to tt10 provisions of law. L.and ar€1as already leasod or lent by agricultural and forestry farms to organizations and/or households, if currently being used for agricultural or forestry production in compliance with the planning and law, shall continue to be used but shall now be converted into land leased by the State according to the current regulations. cl The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and the concerned ministries and branches in, guiding the review of the planning on land management and use in the State-run agricultural farms and forestry farms. The Ministry of Agriculture and Rural Development, the ministries and branches having agricultural and forestry farms, the People's Committees of the provinces and centrally-run cities and the State corporations shall direct and approve the land planning of each agricultural or forestry farm under their respecti\Je management. The Peophfs Co1:1mittees of the provinces and centrally-run cities shall decide on the land assignment, lease, recovery and granting of land use right certificates to agricultural farms and forestry farms. 2. Implementation of contracting forms in the State run agricul1ural and forestry farms a/ 1o sum up the contracting of land for use for agricultural, forestry and aquacultural production purposes in thEJ State enterprises {Decree No. 01/CP of January 4, 1995}, and contracting forms applicable to the State-run agricultural and forestry farms (contmding of 9ardens, forests ... ). b/ To am~)nd and supp1emeni \he Government's Dr-,crrn, No. 01 /CP of ,January 4, 1995 on contracting of land for l1r:(') for· agricullur;1I, form,try and aquacultural OfflCIAL GAZETT[ production purposes in H10 State enterprises. cl To guido the implemontalion of lhe contracting forms and contractin9 assigrn11ent of agricultural 01· forestry land in agricultural and torestry farrns. The Ministry of A~Jriculture and flural Development shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry ofF1hance, the People's Committees of the provinces and centrally-run cities and the State corporations in, making preliminary reviews and submit to the Prime Minister amendments and supplements to the regulations on the forms of contracting and contractually assigning land in agricultural and forestry farms. Ill. Policies 1. Regarding the science and technology; al To formulate mechanisms and policies to encourage and step up the application of scientific and technical advances and new as well as high technologies to the production, processing and post harvest processes and the preservation of products of agricultural and forestry farms. bl To ericourage the cooperation and linkage applying sciontific advances, new as well as high technologies, providing agricultural and forestry promotion, mrn·ket arnj price information servic:EJs to local peasants. To formulate policies on provision of agricultural and forestry promotion support funds to agricultural and fomstry farms. The Ministry of Agriculture and Rural Devt1loµment shaH assume the prime responsibility for, and coordinate will, the Ministry of Sclence and Technology, the Minist1y of Finance and the People's Committees of the provinces and centrally-run cities in, submitting the above-said policies to the Prime Minister. 2. Regarding 1he financial policies: al To guide agricultural and forestry farms to switch to economic cost-accounting and implement the regulation on financial managemen1 and business cost accounting. bl To guide the use of proceeds from the liquidation of gardens, planted forests, cattle herds, basic depreciation deduction and enterprise Income tax left to agricultural and forestry farms. c/ To guide and solve financial problems such as losses and overdue debts of agricultural and forestry farms. between agricultural and forestry farms and institutes, d/ To formulate mechanisms and policies on schools, ·scientific and technical centers ot the central · provision or investment supports frorn the sources of government, regions, provinces and centrally-run cities credit capital, support capital for investment in building in the protection of genetic sources, selection, hybridization and production of agricultural and forestry plant varieties or domestic animal breeds of high yields and quality in agricufturar and forestry farms. cl To formulate mechanisms and policies on assistance from the budget capital source for the import of precious gerwt1c sources and good strains of high yield and quality and suitable to natur-al conditions of each region 1or tr1e production and supply of good strains for production in agricultural and forestry farms and to local peasants. d/ To wmk out plan:, and guicJe ,:igricultural and forostiy farrrn, in per(orr ninfJ tl10 t~wk of lransferrin~J and of socio-economic infrastructure according to planning, plans and project zones in agricultural and forestry farms. e/To guide the handover of roads, power systems, irrigation works, schools, hospitals, etc., of agricultural and forestry farms previously built to local administrations for management, and the settlement of already invested capitri.l sources upon the handover. The Finance Ministry shall assume the prime rm;ponsibility for, and coordinate with Vietnam Slate 13ank, tt10 Ministry of Agriculture and Rural Dovelor1rnont, !tie Ministry of Plm1nin~J and lnver,tment, thn Stnfr, (;otpomtirn1s and tho Penp/0'1: Gornmiftees of No, MB (O"l-•n-?.00::1) OFFICIAi, GAZE'rfE U10 provincos a.nd centrally~run citios in, guiding and i111plementinq tho above-said conto11h,. I/ To to1mulate mechanisms and policies on investment, maintenance, preservation and repair of socio•ocoriomic infrastructures o! agricu!tura! and forestry farms in localities meeting with particular difficulties to meet the security, defense or pL1blic utility requirements. g/ To formulate mechanisms and policies toward ag ricu ltu ral and forestry farms still assigned to manage natural forests as well as management boards of protective forests and special-use forests assigned production forests by the State (including natural forests, planted forests and bare land). h/To formulate mechanisms and policies to support agricultural and forestry farms with main tasks of production and/or business but still partially performing the social functions, security and defense tasks. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Planning and lnvestmen\ the Mln\stry of Finance, the State corporations and the People's Committees of the provinces and centrally-run cities in, submitting the above-said support policies to the Prime Minister. ii To equitize factories s.nd processing establishments, conduct the experimental equitizalion of gardens and planted forests in association with the equitization of processing establishments, formulate mecl1anism and policy for raw material producers and suppliers to purchase preferential shares like workers of pl'Ocessing establishments; to guide agricultural and forestry farms to shift to public-utility operations. The Finance Ministry shall assunH)' the prime responsibility for, and coordinate witl1 Hie Ministry of AgricL!lture and Rural Development and Vietnam StAtn Bank in, guiding the equitization of factories and procossino establist1rnents, and policim, on equilization of gardens and planted forests. j/ To rnviow the economic and tndrnical norrru; applicablo to thn plantin9, zoning off, tending, protection and regenemtion offomsts, and propose the adjustment of inappmpric:1o norms. The Ministry of AgriGulture and Rural Development shall assume the prime responr,ibi\ily for, and coordinate with Ministry of Finance and the concerned ministries and branches in, guiding this content. 3. Regarding policies toward laborers: al To formulate mechanisms and policies on social insurance for officials and employees working in agricultural and forestry farms without enjoying wages paid by the latter, but having incomes from production yields due to their contracting to land, forests, gardens or cattle herds of agricultural and forestry forms. bl To formulate mechanisms and policies on arrangement of salary grades and scales for officials and empto)'ees who do not enjoy wages from agricultural and forestry farms but currently contracting to land, gardens or planted forests of agricultural and forestry farms upon their retirement or resignation. cf To formulate, and guide the implementation of, mechanisms and policies toward laborers redundant in the course of reorganization of agricultural and forestry farms. d/ To work out plans and formulate mechanisms and policies on training of managerial officials and technicians for agricultural and forestry farms, job training and fostering of professional skills for laborers, especially local ethic minority laborers, into agricultural and forestry farm workers. The Ministry of Labor, War Invalids and Social Affairs shall assume !he prime responsibility for, and coordinate with the Minlstry of Agriculture and Rural Development and the concerned ministries and branches in, guiding the implemen!;:ition of the above-said contents. e/ To gu\clr,1 tht~ a\loca\\on o1 residential land nnrJ granting of land use right certificates to households of officials aM employees of agricultural and forestry farms who legally rnsido in localitios without havinq b00n orFICIAL GAZ[HE No. '146 {07 ·!l<W03) allor.ated residential land; to guide the allocation of production land and granting of land uc,e right certificates to households of oHidals and employees who no longer work in agricultural and forestry farms, for case of al ready dissolved agricultural and forestry farms or those in the process of reor9anization or renewal or those subject to the dissolution or ownership transformation. The Min\stry of Natura! Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and the concerned ministries and branc!1es in, guiding and directing the implementation of this policy. f/To determine the payroll limits for agricultural and forestry farms according to their functions, tasks and production and/or business scale; to determine payrolls of agricultural and torest,y farms transformed into non business units with revenues (i.e. management boards of special•use forests and protec1ive forests). The Ministry of Horne Affairs shalt assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, guiding the implementation of this content. The above-said contents are concretized into tasks specified in the Appendix to the Government's program and plan on implementation of the Resolution of the Political Bureau of the Party Central Committee, the 1xth ·congress {not printed herein). IV. Organization of implementation 1. To organize the thorough study of the Political Bureau's Resolution No. 28/NO·TW of June 16, 2003 throughout the country, and disseminate the Government's program and plan on reorganization, renewal and development of State·run agricultural and forestry farms. To guide the branct1es and levels in working out programs and plans to implement the said Resolution. 2. To direct and guide thP. ministries, branches, tfle People's Committees of the provinces and contmlly run cities and the State corporations in workinq out plans on classification, morqanization, t'finewal and development of agricultural and forestry farms. To enhance the direction, inspection and supervision of 1110 implementation of plans approvou by tho Prime Minister. 3. To set up organizations commensurate with the tasks of advising, coordinating, formulating mechanisms and policies and assisting the Government in directing and implementing the said Resolution. 4. To direc1 the effective realization of a healthy finance, handling of unpaid debts and prevention of relapse of unpaid debts; to well settle redundant laborers of agricultural and forestry farms. 5. The Ministry of Agriculture and Rural Development shall have to moni1or and urge the implementation of this program and plan. The ministries, the ministerial-level agencies, the agencies attached to the Government, the corporations, the companies, the People's Committees ot the provinces and centrally-run cities shall concretize the Government's program and plan into programs and plans of their respective agencies or localities. For the Prime Minister Deputy Prime Minister NGUYEN TAN DUNG