Decree No. 02/2010/ND-CP on agricultural extension

Issue no08fJanuary 20'10 (Gong BaD nos 51-521January 26, 2010) OFFIC IAL GAZETTE 7 Part I. LEGAL DOCUMENTS THE GOVERNMENT Decree No. 02/20101ND-CP of January 8,2010 on agricultural extension THE GOVERNMENT Pursuant to the December25,2001 Law on Organization of the Government; At theproposal ofthe MinisterofAgriculture and Rural Development, DECREES: Chapter I GENERALPROVISIONS Article 1. Scope of regulation and subjects of application 1. Scope of regulation aJ Production, processing, preservation and consumption in agriculture, forestry, saltmaking, fishery, irrigation, agricultural electric engineering and rural trades; bl Rural agricultural services covering strain s, plant protection, animal health, agricultural supplies , equipment, machines, farm instruments, irrigation and ruralclean waterand environmental sanitation. Agricultural extension activities related to international programs, projects or treaties to which Vietnam is a contracting party comply with suchinternational programs, projects or treaties. 2. Subjects of application aJ Producers, including farmers engaged in small-scale production, commodity production and farmers of poor households; [arm owners, members of cooperation teams or cooperatives; agricultural or forestry farmworkers; and small­ and medium-sized enterprises; bl Domestic and foreign agricultural extension organizations which carry outactivities to assist farmers in production and business development in the fields mentioned in Clause 1, Article 1 of this Decree; cl Agricultural extension workers who carry out activities to assistfarmers in production and businessdevelopment in thefields mentioned in Clause 1, Article 1 of this Decree; d/ Agencies functioning to performthe state management of agricultural extension. Article 2. Objectives ofagricultural extension 1.To raise production and business erficiency for producers to increase their incomes, escape from poverty and get rich, through training in production and business knowledge and skills and provision of services to assist farmers in currying out effective production and business activities adapted to ecological, climate and market conditions. 2. To contribute to restructuring the agricultural economy towards commodity production, higher productivity and quality as well as food hygiene and safety, meeting domestic and export demands; to accelerate agricultural and rural industrialization and modernization, building a new-type countryside and ensuring national food security, socio­ economic stability andenvironmental protection. 3. To mobilizeresources from domestic and foreign organizations and individuals for agricultural extension. 8 OFFICIAL GAZETTE Issue noDB/January 2010 (Gong Bao nos 51-521January 26, 2010) Article 3. Principlesforagricultural extension 1. To stem from farmers' demands and the State's agricultural development requirements. 2. To promote farmers' initiative and active role and voluntary participation in agricultural extension. 3. To ensure close association between managerial bodies, scientific research institutions; enterprises and farmers as wen as among farmers. 4. To socialize agricultural extension and diversify agricultural extension services so as to mobilize resources from domestic and foreign organizations and individuals for agricultural extension. 5. To exercise democracy and publicity with commumtv oversight. 6. To ensure that agricultural extension contentsand methodsare suitableto eachregion, each locality and target groups of farmers and different ethnic communities. Chapter II CONTENTS OF AGRICULTURAL EXTENSION Article 4. Training 1. Trainees aI Producers defined at Point a, Clause 2, Article 1 of this Decree, who have not yet participated in any state-funded vocational training programs; bl Agricultural extension workers defined at Point c, Clause 2, Article 1 of this Decree. 2. Contents Providing producers with training in policies and law; training in and hand-down of trades to farmers in production skills and production and business organization and management in the agricultural extension fields defined in Clause 1, Article 1 uf this Decree; providing training for agricultural extension workers so as to raise their qualifications. 3. Forms a/ Via demonstration models; bl Organization ofshort-term training courses, combining theory with practices; c/Through communications media, including newspapers, radio, leaflets and documents (books. CDs and DVDs); d/ Through distance training programs on radio or television channels; establishing television channels exclusive for agriculture, farmers and rural areas; prioritizing training of farmers on televisinn ; el Through agricultural extension websites; fl Organizingdomesticand overseas surveys and study tours. 4. Organization of implementation a/ The training of farmers and agricultural extension workers shall be undertaken by agricultural extension organizations defined at Point b, Clause 2, Article 1 of this Decree; bl Staff lecturers wi II h~ ~eriC:I11t11 ra 1­ extension specialistsor officials of university or higher level, outstanding farmers and advanced model individuals who are experienced in production and business and have made contributions to society and communities and havebeen trainedin agricultural extensionskills. Article 5. Information and propagation 1. Topopularizethe Party's undertakings and lines as well as the State's policies and laws through the mass media system and socio­ political organizations. Issue no08fJanuary 201 0 (Gong BaDnos51-52/Janual}' 26, 2010) OFFICIAL GAZETTE 9 2.To disseminate scientific and technological advances, advanced produ ction and business models th rou gh the mass medi a system, agricultural extension reviews, documents, confe rences, works hops , contest s, fa irs, ex hi bi ti o ns , fo rums and ot he r fo rms of propagation; to publish and distribute agricultural extension publica tions. 3 . To build up and manage dat a of the agricultural extension information system. Article 6. De mo nstration and model development I. To build demonstration models on scientific and technological advances suitab le to eac h locality, producers ' demands and sec tor ' s orientations, and models on good production practices associated with product sale. 2. To build models on hi-tech application in agriculture. 3 . To build model s on e ffec tive and sustainable agricultural production and business organization and management. 4. To transfer scientific and technological results from demonstration models and advanced production models for wide application. Article 7.Agricultural extension consultancy and services 1. Consulta ncy and services in the fields defined in Clause I, Article 1 of this Decree, on: aI Policies and law concerning agricultural and rural development; bl Application of scientific and technological advances [Q organization and management in order to raise producti vity, qual ity and food hygiene and safety, to reduce production costs and raise product competitiveness; cl Business start-up for owners of farms and small- and medium-sized enterprises in the formulation of investment projects, seeking for pro duction grounds, ca pi ta l raising, labor recruitment, training, technology selection and market search; dl Product sale contracts, producti on and business insurance contracts; eI Provision of agricultural supplies. 2. Other co ns ultancy and services fo r agricultural and rura l development. Article 8. Intern at ion al cooperati on in agricultural extension I. To participate in agric ultural extension activities und er intern ati onal coope ration programs. 2. To exchange ag ric u ltural extensi on experiences with fore ign orga nizatio ns and individuals as well as international organizations under Vietnamese law. 3. To improve the capabilities and foreign language skills of agricultural- extension workers through international cooperation programs as well as domestic and overseas surveys and study tours. Chapter III AGRICULTURAL EXTENSION ORGANIZATIONS Article 9. Central ag ricultural-extension organization 1.The NationalAgricultural Extension Center is a public non-business unit under the Ministry of Agriculture and Rural Development. 2. The functions, tasks, powers and organi­ zational apparatus of the National Agricultural Extension Center shall be defined by the Minister of Agriculture and Rural Development. 10 OFFICIAL GAZETTE Issueno DB/January 2010 (Gong BaD nos 51·521January 26, 2010) Article 10. Local agricultural extension organizations 1.Local agricultural extension organizations are stipulated as follows: al At the provincial level (provinces and centrally run cities) are agricultural extension centers operating as public non-business units; bl At the district level (rural districts, urban districts and provincial cities and towns with agricultural production) are agricultural extension stations operatingas public non-business units; cl At the communal level (communes, wards, townships with agricultural production) are agricultural extension cadres, with at least 2 per commune in difficulty-hit areas and at least 1 per commune elsewhere; dl III villages (villages. hamlets) are agricultural extension collaborators and clubs. 2. The functions , tasks, powers and organizational apparatuses of local agricultural extension organizations shall be defined by provincial-level People's Committee chairpersons. Article 11. Other agricultural extension organizations 1. Other agricultural extension organizations include socio-political organizations. economic organizations, social organizations, professional organizations, scientific, educational andtraining organizations, professional associations and societies and domestic as well as foreign organizations and individuals participating in agricultural extensionactivities in theVietnamese territory. 2. Other agricultural extension organizations shallrealizeagricultural extension contents under the provisions of this Decree and relevant law. 3. The functions, tasks , powers and organizational apparatuses of other agricultural extension organizations shall be defined by their respective managing agencies or individuals. Chapter IV AGRICULTURALEXTENSION POLICIES Article 12. Policies on training in and hand­ down of trades 1. For producers aIFarmers engagedin small-scaleproduction and farmers in poor households will enjoy 100% support in training material costs, travel , accommodation and mea ls when participating in training; bl Farmersengagedincommodity production, farm owners, members of cooperation teams or cooperatives and agricultural or forestry farm workers will enjoy 100% support in training material costs and 50% support in travel, accommodation and meals when participating in training; c/ Small-ormedium-sized enterprises directly operating in the fields mentioned in Clause 1, Article 1 of this Decree will enjoy 50% support in training material costs when participating in training. 2. For agricultural extension activists aI To prioritize the training of female and ethnic minority agricultural extension workers; bl Agricultural extension workers salaried by the state budget will be provided with 100% support in expenses for training material, accommodationand mealswhenparticipating in training; c/ Unsalaried agricultural extension workers will be provided with 100%support in expenses for training material,travel, accommodationand meals when participating in trainings. Article 13. Policies on information and Issueno 08/January 2010 (Gong BaD nos 51·52JJanuary 26,2010) OFFICIAL GAZETTE 11 propagation 1.TheStatewillprovide 100%funding support for information andcommunication onagricultural extension activities of organizations and individuals with information and communication projects approvedby competent authorities, 2. The State will provide 100% funding supportfor organization of agricultural extension contests, fairs, exhibitions and forums which.are approved by competent authorities. Article 14. Policies on building and widely developing demonstration models 1. Policy on support for building demonstration models al Demonstration models in difficulty-hit areas or poor districts shall be provided with 100% support in costs of strains and essential supplies (including fertilizers, chemicals, cattle feeds and aquatic animal feeds); bl Demonstration models in midland or mountainous areas and sandbanks shall be provided with 100% support in costs of strains and 50% support in costs of essential supplies; cl Demonstration models in delta areas will be provided with 100%supportin costs of strains and 30% support in costs of essential supplies: dJ For models on agricultural mechanization, product preservationand processing, rural trades and salt making, the funding support for the purchase of tools, machinesand equipment shall be provided at the levels of 100% for difficulty­ hit areas and poor districts, no more than 75% for midland and mountainous areas as well as sandbanks, and notmort: than 50%[ordella areas; el Demonstration models on hi-tech appl icati on sha II he prov ided with fundi ng support at the level of not more than 30% of the total fund for model implementation. 2. Policy on development of models 100% funding support shall be provided for information, communication, advertisementand field conferences for development of models. Article 15. Policies on encouragement of agricultural extension consultancy and service activities 1. Agricultural extension organizations and workersare entitled to participate in agricultural extension consultancy and services defined in Article 7 of this Decree and by law. '2. Agricultural extension organizations and workers shall be given priority in land lease to formulate and implement agriculturalextension programs and projects, and are entitled to soft loans and tax exemption or reduction under current law. Article 16. Regimes applicable to agricultural extension workers, grassroots agricultural extension cadres 1.Agricultural extension workers salaried by the state budget are entitled to current regimes when directing the implementation of agricultural extension projects. 2. Commune agricultural cadres will be salaried based 011 their training degrees, if they are commune public servants, or paid with allowances or wages based on their training degrees, as stipulated by provincial-level People's Committeechairpersons,if theyare not commune public servants. 3. Commune agricultural extension cadres withouttrainingdegrees and village agricultural extension collaborators will be paid remunerations prescribed by provincial-level People's Committee chairpersons. Article 17.Policyon selectionof agricultural 12 OFFICIAL GAZETTE Issueno 08fJanuary 2010 (Gong Bso nos 51·5?JJanuary 26, 2010) extension projects 1. Central agricultural extension projects funded by the state budget shall be selected through consideration and selection or bidding, as provided for by the Minister of Agriculture and Rural Development. 2. Local agricultural extension projects funded by the state budget shall be selected through consideration and selection or bidding, as provided for by chairpersons of People' s Committees of the same level. 3.Allagricultural extension organizations and workers are entitled to participate in bidding for and register for consideration and selection of agricultural extension projects funded by the state budget. Chapter V AGRICULTURAL EXTENSION FUNDS Article 18. Agricultural extension funding sources 1.Thecentral agricultural extension fundshall be formed from the following sources: aJ Central budget allocations according to funding estimates of agricultural extension programs andprojects approved by the Ministry of Agriculture and Rural Development; bl Performance of contracts on agricultural extension consultancy and services; cl Lawful donations and contributions of domestic and foreign organizations and individuals; dI Other lawful revenues prescribed by law. 2. Local agricultural extension funds comprise provincial, district, commune and village agricultural extension funds, which are created from the following sources: at Local budget allocations according to estimates ofagricultural extension programs and projects approved by provincial- or district-level People's Committees; bl Performance of contracts on agricultural extension consultancy or services; cl Lawful donations and contributions of domestic and foreign organizations and individuals; dJ Other lawful revenues prescribed by law. 3. Funds of other agricultural extension organizations shallbe createdfromthefollowing sources: at Their own capital; bl Partial statebudgetsupports viaagricultural extension programs andprojects (central budget, local budget , international cooperation) approved by competent authorities; c/ Performance of contracts on agricultural extension consultancy or services; dl Lawful donations and contributions of domestic and foreign organizations and individuals; eJ Other lawful revenues prescribed by law. Article 19. Use of agricultural extension funds 1. Central and local agricultural extension funds shall be allocated by the state budget according to funding estimates of agricultural extension programs andprojects andbe usedfor: a/The contents defined inArticles 4, 5, 6 and 8 of this Decree; bl Management expenses for agricultural extension projects, which shall be channeled fromagricultural extension funds. Specific levels shall be set by the Ministry of Finance in coordination with theMinistry ofAgriculture and Issueno 08/January2010 (Gong Beo nos 51-521Januar; 26,2010) OFFICIAL GAZETTE '13 Rural Development; c/ Purchase of copyrights and suitable new technologies , hire of domestic and foreign consultants in agricultural extensionand hire of consultants to evaluate agricultural extension activities; d/Procurement of equipmentindirectservice of agricultural extension; , el Organization of surveys, study tours, workshops, contests , fairs , forums and exhibitions at home and abroad; f/ Other expenditures for agricultural extension. 2. Revenues from agricultural extens ion consultancy and services shall be managed and used under current financial regulations by agricultural extension organizations that are public non-business units and agricultural extension workers of those organizations. Article 20. Managementof central and local agricultural extension funds 1.Thecentral agricultural extension fundshall be used for agricultural extension activities managed and organized Oil a regional or national scale by the Ministry of Agriculture and Rural Development, which are conformable to the national strategy and planning on agricultural development. Central agricultural extension funding plans and estimates shall be summed up and included in annual budget estimates of the Ministry of Agriculture and Rural Development which shall submit them to the Government for further submission to the National Assembly for approval. 2. Local agricultural extensionfunds shall be usedforagricultural extension activities managed and organized in localities by provincial-level People's Committees, whichare conformable to local strategies and planning on agricultural development. Localannual agricultural extension funding plans and estimates shall be submitted by the People 's Committees to the People 's Councils of the same level for decision in accordance with the State Budget Law. 3. The spendingand settlement of central and local agricultural extensionfunds shall be based on agricultural extension programs and projects approved by competent authorities. 4. The management and use of non-budget agricultural extension funds shall be decided by agricultural extension organizations in accordance with this Decree and law 5. The Ministry of Finance shall coordinate with the Ministry of Agriculture and Rural Development in guiding in detail the order of creation, management and use of central and local agricultural extension funds. Article 21. Funds for agricultural extension activities 1. Funds for agricultural extension activities (below referred collectively to as agricultural extension funds) shall be established from donations andvoluntary contributions ofdomestic and foreign organizations and individuals. 2. Use and management of agricultural extension funds aI Organizations that establish such funds shall promulgate regulations on their manage­ ment and operation in accordance with law; bl Agricultural extensionfunds shall be used for carrying out in timely and efficient manner agricultural extension activities defined in Article 4, 5, 6, 7 and 8 of this Decree; cl Agricultural extension organizations shall preserve and develop agricultural extension funds. 14 OFFICIAL GAZETTE Issueno 08/January 2010 (Gong Beo nos51·521Janual)' 26, 2010) Chapter VI ORGANIZATION OF IMPLEMENTATION Ar ticle 22. Responsibilities of ministries and branches 1. The Ministry of Agricu lture and Rural Development shall perform the state management of agricultural extension activities according to the following contents; aI To formulate and promulgate or propose competent authorities to promulgate agricultural extension strategies, legaldoeum~nts and policies; bl To for mulate and appro ve centra l agricultura l extensi on programs, plans and projects and direct the implementat ion thereof; cl To pro fessi onally gui de locali ties in agricultural extension activities; d/ To cooperate with domestic and foreign organizations andindividuals in attracting capital and resources for agricultural extension activities; el To examine, inspect and settle complain ts and denunciations in centra l agricult ural extension activities ; flTo manage the central agricultural extension fund; g/ To monitor, inspect, assess and periodically report to the Prime Ministeron the implementation of agricultural extension programs and projects nationwide. 2. Ministries, ministerial-level agencies and government-attached agencies shall, within the am bit of their respective tas ks and powers, coordinate with the Ministry of Agriculture and Rural Development in performing the state management of agricultural extension activities under Lite reg ulations uf the Government. Article 23. Responsibilities of provincial level People' s Committees Provincial-level People's Committees shall perform the state management of agricultural extension activities in their respective localities according to the following contents: 1. To formulate and promulgate agricultural extension guidelines and policies suitable to local conditions. 2. To formula te, approve, and direct the implementation of, ag ricultural extension programs an d proj ects in th eir respective localities. 3. To ensure capital sources for agricultural extension and the implementation of agricultural extension policies in their respective localities according to this Decree. 4 . To mobilize domestic and foreign organization s and individ uals to contribute resources to local agricultural extension activities. 5. To manage loca l agricultural extension funds. 6. Tv ruouiun, inspect, assess and biauuually report to the Ministry of Agriculture and Rural Development on agricultural extension activities in their respective localities. Article 24. Commendation and handling of violations 1. Organizations and individuals that record achievements in agricultural extension activities shall be commended according to law. 2. Organizations and individuals that breach the provisions of this Decree shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensations according to law. 3. Annually, the Ministry of Agriculture and Rural Development and provincial-level People's IssuenoOHIJanuary201u (Gong Bao nos51-52/January 26, 2010) OFFIC IAL GAZETTE 15 Committees shall review and draw experience from agricultural extension activities. Article 25. Complaints. denunciations 1. Individuals are entitled to complain about administrative decisions or administrative acts of state administrative agencies in accordance with the law on complaints and denunciations when they have grounds to believe that such decisions or acts are con trary to this n PJ'T f".P' 2. Indi viduals are entitl ed to denounce in accordance with the law on compl aints and denunci ations to competent agencies. organizations or individuals acts in violation of this Decree by other individuals or organizations. Chapter VlI IMPLEMENTATION PROVI SIONS Article 26. Ettect This Decree cakes effect on March 1. 2010. and replaces the Government's Decree No.56/ 2005/ND-CP of April 26, 2005, providing for agricultural extension and fishery extension. Article 27. Implementation responsibilities 1. The Ministry of Agricu lture and Rural Development shall coordinate with concerned mi nistri e s and branches in guiding the implementation of this Decree. 2 . Minis ters, heads of mini steri al -le ve l agencies. heads of government-attached agencies and chairpe rsons of provincia l-level People' s Committees shall implement this Decree. all behalfof the Govel7JlIlelZt Prime Minister NGUYEN TAN DUNG