Thông tư 02/2020/TT-BNNPTNT

CIRCULAR

ON CRITERIA FOR FARM ECONOMY

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 on functions, duties, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government’s Decree No. 55/2015/ND-CP dated 9/6/2015 on credit policy for agricultural and rural development and the Government’s Decree No. 116/2018/ND-CP dated 7/9/2018 amending a number of Articles of the Government’s Decree No. 55/2015/ND-CP dated 9/6/2015 on credit policy for agricultural and rural development;

At the request of the Head of the Department of Cooperatives and Rural Development,

The Minister of Agriculture and Rural development hereby promulgates a Circular on criteria for farm economy.

Article 1. Scope and regulated entities

1. Scope: this Circular provides for criteria and reporting regimes for farm economy.

2. Regulated entities:

a) Individuals and households engaged in agricultural business (crop production, animal husbandry, forestry, aquaculture and salt production) and meeting the farm economy criteria prescribed in this Circular;

b) Other relevant individuals, organizations and competent authorities.

Article 2. Farm classification

1. Specialized farms are classified based on the type of agricultural production (crop production, animal husbandry, forestry, aquaculture or salt production) whose production value accounts for more than 50% of the annual production value of the farm. Specialized farms include:

a) Arable farms;

b) Livestock farms;

c) Tree farms;

d) Fish farms;

dd) Salt farms.

2. A farm is classified as a mixed farm when none of its types of agricultural production accounts for more than 50% of its annual production value.

Article 3. Farm economy criteria

1. For specialized farms:

a) Arable farms must have an average production value of at least VND 1,0 billion/year and total farming area of at least 1,0 ha;

b) Fish farms must have an average production value of at least VND 2,0 billion/year and total farming area of at least 1,0 ha;

c) Livestock farms must have an average production value of at least VND 2,0 billion/year and a farming scale provided for in Article 52 of the Law on Animal Husbandry and guiding documents.

d) Tree farms must have an average production value of at least 1,0 billion/year and total farming area of at least 10,0 ha;

dd) Salt farms must have an average production value of at least 0,35 billion/year and total farming area of at least 1,0 ha.

2. Mixed farms must have an average production value of at least VND 2,0 billion/year and total farming area of at least 1,0 ha.

Article 4. Method for calculation of total farming area and production value of farms

1. Total farming area mentioned in Article 3 of this Circular is the total area of land that a farm may use for commercial farming according to regulations of laws on land, including land for crop production, animal husbandry, forestry, aquaculture and/or salt production and land on which infrastructure for commercial farming is located at the time of declaration.

2. Production value per year is the production value that a farm generates in one of the three years preceding the declaration year and is the sum of the production values of all harvest periods in such year.

Newly established farms with no product shall have their production value estimated based on their production plan and performance.

Article 5. Monitoring, statistical mechanisms and reporting regimes for farm economy

1. Commune-level People’s Committees shall:

a) Provide guidelines and information on farm economy criteria for individuals and households engaged in agricultural business in their communes;

b) Monitor, keep statistics on and update changes concerning farm owners, farming area and types of farms;

c) Keep written records of farm economy development in their communes using the form in Appendix I enclosed with this Circular.

2. For reports on farm economy, which are made using the form in Appendix II enclosed with this Circular:

a) Commune-level People’s Committees shall submit annual consolidated reports on farm economy in their communes to district-level People’s Committees; district-level People’s Committees shall then submit consolidated reports to provincial People’s Committees (via Departments of Agriculture and Rural Development);

b) Departments of Agriculture and Rural Development shall submit annual consolidated reports on farm economy in their provinces to provincial People’s Committees and Ministry of Agriculture and Rural Development before December 19 of every year;

c) Report submission and receipt and data collection period are provided for in Clause 4 Article 8 and Clause 4 Article 12 of the Government’s Decree No. 09/2019/ND-CP dated January 24, 2019 on reporting regimes of administrative authorities.

Article 6. Implementing responsibilities

1. Department of Cooperatives and Rural Development shall organize implementation of this Circular and submit periodical and ad hoc consolidated reports to the Ministry of Agriculture and Rural Development.

2. Provincial People’s Committees shall implement this Circular in their provinces.

3. Farm owners shall:

a) Declare information on their farms using the form in Appendix III enclosed with this Circular and send the form to commune-level People's Committees before November 15 of every year; and take responsibility before the law for the accuracy of such information;

b) Operate their business in compliance with local land use planning and plans and adhere to regulations of laws on goods quality, food safety, control of infectious diseases and environmental protection.

Article 7. Implementation clause

1. This Circular takes effect from April 14, 2020 and supersedes Circular No. 27/2011/TT-BNNPTNT dated April 13, 2011 by the Ministry of Agriculture and Rural Development on criteria for farm economy and procedures for issuance of certificates thereof.

2. Farm economy certificates issued in accordance with Circular No. 27/2011/TT-BNNPTNT are annulled from the date on which this Circular comes into force.

3. The farm economy criteria prescribed in this Circular shall be regarded as eligibility requirements for state policies on farm economy.

4. During the implementation of this Circular, any problem arising should be promptly reported to the Ministry of Agriculture and Rural Development for consideration and resolution according to regulations./.