Nghị định 02/2017/ND-CP

DECREE

ON POLICIES ON ASSISTANCE IN AGRICULTURE PRODUCTION FOR REVIVAL OF PRODUCTION OF AREAS SUFFERING FROM LOSSES CAUSED BY NATURAL DISASTERS AND EPIDEMICS

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on natural disaster management dated June 19, 2013;

Pursuant to the Law on state budget dated June 25, 2015;

Pursuant to the Law on Veterinary Medicine dated June 19, 2015;

Pursuant to the Law on Fisheries dated November 26, 2003;

Pursuant to the Law on Forest Protection and Development dated December 03, 2004;

Pursuant to the Law on Plant Protection and Quarantine dated November 25, 2013;

At the request of the Minister of Agriculture and Rural Development;

The Government promulgates a Decree on policies on assistance in agricultural production for the revival of production of areas suffering from losses caused by natural disasters and epidemics.

Article 1. Scope

This Decree deals with assistance related to plant varieties, livestock breeds, fish seeds or a part of prime production costs intended for the revival of agricultural production areas suffering losses caused by natural disasters prescribed in Clause 1 in Article 3 of the law on natural disaster management and prevention and control of dangerous epidemics reveled in accordance with regulations of the law on veterinary medicine, fisheries, forestry and epidemics revealed as regulated by the law on plant protection and quarantine

Article 2. Regulated entities

Farmer households, aquaculture workers, salt workers, farm owners, cooperatives and cooperative groups concerning crop and animal husbandry, forestry, aquaculture and salt production (hereinafter referred to as productive households) suffering from losses caused by natural disasters and epidemics as prescribed in Article 1 of this Decree.

Article 3. Assistance principles

1. The State shall pay a portion of the costs of plant varieties, livestock breeds, fish seeds or a portion of prime production costs (compensation for losses is not required)

2. Assistance shall be promptly and directly provided in cash or in kind in the form of plant varieties, livestock breeds or perquisites. Plant varieties, livestock breeds and perquisites must be qualified and suitable for ecological and real conditions of local authority.

3. Assistance must be provided publicly, explicitly as regulated to right peoples.

4. If a household is eligible for more than one forms of assistance, the most beneficial shall be provided.

Article 4. Conditions for getting assistance

A household suffering from losses shall be eligible for assistance if such household:

1. produces goods under the plan and guidance for agricultural production of local authorities.

2. has been granted initial registration of intensive farming (e.g. farms, cooperative groups and cooperatives) and aquaculture (according to Template no.6 provided in Appendix I issued together with this Decree) by People’s Committee of commune or the certificate of quarantine (if any). Households of intensive farming shall declare within 15 days from the day starting farming; People's Committee of commune shall take responsibility to examine and verify the declaration within 7 working days from the day on which the declaration is received. Aquaculture households shall have their declaration verified at the time starting their business.

3. suffer from losses irrespective of timely and adequately implementation of measures for natural disaster management and prevention and control of epidemics under the guidance of professional agencies and local authorities.

4. Time incurrence of loss:

a) For natural disasters: Time incurrence of loss is the period of natural disasters occurrence in the area verified by Committee for natural disaster management.

b) For epidemics: Time incurrence of loss is the period from announcement of epidemics to its termination. For special case in which cattle and poultry are required to be killed under the work of prevention and control of epidemics for the purpose of preventing epidemics from spreading as soon as the first pesthole is discovered although it is ineligible to be announced as a epidemic, time incurrence of loss is the period from the outbreak of epidemics to its termination.

Article 5. Assistance rates

1. For plants:

a) VND 2,000,000 and 1,000,000 per hectare for purebred land area suffering a loss of over 70% and 30 % - 70% respectively;

b) VND 20,000,000 and 10,000,000 per hectare for land area of young seedling suffering a loss of over 70% and 30% -70% respectively;

a) VND 3,000,000 and 1,500,000 per hectare for hybrid rice land area suffering a loss of over 70% and 30% - 70% respectively;

a) VND 30,000,000 and 15,000,000 per hectare for young hybrid seedling land area suffering a loss of over 70% and 30% -70% respectively;

dd) VND 2,000,000 and 1,000,000 per hectare for land area of crops and vegetables suffering a loss of over 70% and 30% - 70% respectively;

e) VND 4,000,000 and 2,000,000 per hectare for area of industrial and perennial fruit tree suffering a loss of over 70% and 30% - 70% respectively

2. For forestry production:

e) VND 4,000,000 and 2,000,000 per hectare for the area of forest tree, non-timber forest product tree on forestry land, variety gardens and forests suffering a loss of over 70% and 30% - 70% respectively;

e) VND 40,000,000 and 20,000,000 per hectare for land area of young seedling during incubation process suffering a loss of over 70% and 30% - 70% respectively

3. For aquaculture:

a) A subsidy from VND 4,100,000 to 6,000,000 and from 2,000,000 to 4,000,000 per hectare for area of extensive shrimp farming such as rice-shrimp, ecological shrimp, forest-shrimp and combined shrimp farming suffering a loss of over 70% and 30% -70% respectively;

b) A subsidy from VND 7,100,000 to 10,000,000 and from 3,000,000 to 7,000,000 per hectare for area of traditional fish farming and local fish farming suffering a loss of over 70% and 30% -70% respectively;

c) A subsidy fromVND 6,100,000 to 8,000,000 and from 4,000,000 to 6,000,000 per hectare for area of semi-intensive and intensive giant tiger prawn farming suffering a loss of over 70% and 30% -70% respectively;

d) A subsidy fromVND 20,500,000 to30,000,000 and from 10,000,000 to 20,000,000 per hectare for area of semi-intensive and intensive whiteleg shrimp farming suffering a loss of over 70% and 30% - 70% respectively;

dd) A subsidy from VND 40,500,000 to 60,000,000 and from 20,000,000 to 40,000,000 per hectare for area of mollusk farming suffering a loss of over 70% and 30% - 70% respectively;

e) A subsidy from VND 20,500,000 to 30,000,000 and from 10,000,000 to 20,000,000 per hectare for area of intensive catfish20.500.000 farming suffering a loss of over 70% and 30% - 70% respectively;

g) A subsidy from VND 7,100,000 to 10,000,000 and from 3,000,000 to 7,000,000 per 100 cubic meters for fish cage and raft in freshwater farming suffering a loss of over 70% and 30% - 70% respectively;

h) A subsidy from VND 20,500,000 to 30,000,000 and from 10,000,000 to 20,000,000 per hectare for area of intensive tilapias farming suffering a loss of over 70% and 30% - 70% respectively;

i) A subsidy from VND 35,500,000 to 50,000,000 and from 15,000,000 to 35,000,000 per hectare for area of intensive farming of cold water fishes such as acipenser and trout suffering a loss of over 70% and 30% - 70% respectively;

k) A subsidy fromVND 15,500,000 to 20,000,000 and from 10,000,000 to 15,000,000 per 100 cubic meters for cages and rafts in offshore aquaculture suffering a loss of over 70% and 30% - 70% respectively;

l) A subsidy from VND 4,100,000 to 6,000,000 and from 2,000,000 to 4,000,000 per hectare for area of other fish farming suffering a loss of over 70% and 30% - 70% respectively;

4. For cattle and poultry farming:

a) Losses caused by natural disasters:

 A subsidy from VND 10,000 to 20,000 and from 21,000 to 35,000 per entity for poutry such as chicken, duck, geese of 28 days of age and over 28 days of age respectively;

A subsidy from VND 300,000 to 400,000 per entity for pig of 28 days of age, from VND 450,000 to 1,000,000 per entity for pigs of over 28 days of age and VND 2,000,000 per entity for harvested sows and boars;

A subsidy from VND 1.000.000 to 3.000.000 and from 3.100.000 to 10.000.000 per entity for milk producing heifers of 6 months of age and dairy cattle of over 6 months of age respectively;

A subsidy from VND 500.000 to 2.000.000 and from 2.100.000 to 6.000.000 per entity for buffalo, beef cattle and horse of 6 months of age and over 6 months of age respectively;

A subsidy from VND 1,000,000 to 2,500,000 per entity for deers, sheeps and goats

b) Losses caused by epidemics:

Provide productive households having cattle and poultry compulsorily killed as their livestocks are infected by the epidemic or stay in the epidemic area with direct assistance under the following rates:

 VND 38,000 per kilogram for pig;

 VND 45,000 per kilogram for bufflalo, cow, goat, sheep and deer;

 VND 35,000 per entity for poultry such as chicken, duck and geese

5. For salt production: VND 1,500,000 and 1,000,000 per hectare for area of salt production suffering from a loss of over 70% and 30% - 70% respectively;

6. For plants, livestocks and fisheries not prescribed in clause 1, 2, 3 and 4 in this Article, Chairperson of People's Committee of provinces and centrally-affiliated cities shall determine specific assistance rates appropriate for the loss according to budget balance capacity, production features and actual requirements in local authority.

7. In case of assistance in the form of perquisite, the value of perquisites will be exchanged equivalent to monetary assistance according to prices at the assistance time

Article 6. Order and procedure for assistance

1. Order and method of implementation:

a) Assistance in case of epidemics: Households shall cooperate with local authorities in assessment of losses and send an application to People’s Committee of the commune.

b) Assistance in case of natural disasters: Households cooperate with local authorities in assessment of losses and directly send an application to Committee for natural disaster management, search and rescue of the commune.

2. Application for assistance:

a) Application form no.1, 2, 3, 4 and 5 provided in Appendix I issued together with this Decree; form no.6 provided in Appendix I issued together with this Decree or Certificate of quarantine (if any);

b) Statistic proving the loss caused by epidemics or natural disasters verified by an official of the village or neighborhood.

3. Responsibilities of authorities:

a) For epidemics:

Chairperson of People’s Committee of communes shall form a council for examination including People’s Committee of commune, experts of district, representatives of social organizations, villages, neighbor groups for the purpose of making minutes of examination and verification of loss level and specific requirements for assistance of each productive household and make a consolidated report sent to People’s Committee of districts. People’s Committee of districts shall organize inspection and issue a decision on assistance as authorized or make a consolidated report sent to People's Committee of provinces based on the report of People's Committee of communes.

Based on the report of People’s Committee of districts, professional agencies of provinces shall take responsibility to inspect and lodge the report to People's Committee of provinces for approval and allocation of local budget and other legal financial sources for the purpose of opportunely satisfying requirement for assistance intended for the revival of production in areas suffering from losses caused by natural disasters, epidemics as regulated in this Decree.

b) For natural disasters: Implementation shall be achieved as prescribed in point a in clause 3 of this Article together with cooperation of Committee for natural disaster management, search and rescue in local authority in examining and verifying the loss and making a consolidated report sent to central committee for natural disaster management as prescribed in point d in clause 2 in Article 30 and clause 2 in Article 31 of the law on natural disaster management.

Chairperson of People’s Committee of communes, districts shall make a consolidated report of proposed losses and send results of implementation of assistance according to Templates provided in Appendix II issued together with this Decree.

4. Time of application processing: People's Committee of communes, districts, provinces (for epidemics) or committee for natural disaster management, search and rescue of communes, districts, provinces (for natural disasters) shall response in writing or announce solutions to productive households on public media of local authority within at the latest of 15 working days from the day on which valid application is received.

Article 7. Resources and assistance mechanism from central budget

1. Resources:

a) Reserve fund of the central budget:

a) Reserve fund of the local budget:

c) Funds for natural disaster management;

d) National reserve sources;

dd) Other legal financial sources as required by laws

2. Mechanism for assistance by central budget:

a) Mountainous provinces and Central Highland will receive 80% of assistance provided by the state budget from the central budget.

b) Other centrally-affiliated provinces and cities:

Provinces and cities at least 50% of revenues of which are transferred to the central budget shall use their own local budgets to provide assistance.

Provinces and cities less than 50% of revenues of which are transferred to the central budget will receive 50% of assistance provided by the state budget from the central budget.

Other local authorities failing to balance their budget will receive 70% of assistance provided from the state budget from the central budget.

c) Other regulations:

In case funding assistance for losses within a year is less than VND 1 billion per year, provinces and cities shall use the reserve fund of the local budget to provide assistance.

For local authorities suffering from severe losses, if local budget required for the assistance exceeds 50% of reserve fund of the local budget assigned by the Prime Minister, central budget shall supplement the gap from 50% excess.

Article 8. Implementation

1. Central committee for natural disaster management, search and rescue shall make a consolidated report of loss assessment and requirements of local authorities and sent to the Government for prompt solutions and assistance sources as prescribed in point d in clause 2 in Article 30 of the law on natural disaster management.

2. Ministry of Agriculture and Rural Development;

a) Preside over and cooperate with the Minister of Finance, Ministry of Planning and Investment and relevant ministries and departments in urging, examining, supervising and handling problems arising during the implementation of this Decree;

b) Preside over and cooperate with ministries, departments and local authorities in sending reports to the Prime Minister and propose, as authorized, assistance in the form of perquisite from national reserve sources for local authorities to recover losses caused by natural disasters and epidemics.

3. Based on regulations in this Decree and realized expenditures of local budget intended for assistance for revival of production of areas suffering from losses caused by natural disasters and epidemics, the Minister of Finance shall consider annual assistance from reserve fund of the local budget for each local authority and periodically report the results of implementation to the Prime Minister. If natural disasters and epidemics occur in large scale and local budget could not be adequate for providing assistance as prescribed in Article 5 of this Decree, the Ministry of Finance shall advance funding for local authorities (maximum money amount stands 70% of assistance from the central budget) at the request of People's Committee of centrally-affiliated provinces and cities. The Ministry of Finance shall withdraw the advanced money as required by the law on state budget after receiving the report of funding finalization from local authorities.

4. Chairperson of People’s Committee of provinces is required to:

a) prepare statistic and carry out assessment of losses caused by natural disasters and epidemics, take the initiative in the work of assistance provided from the local budget, fund for natural disaster management and other legal sources in pursuit of opportunely reviving the production of areas suffering from losses; send the proposal for assistance from the central budget to the Ministry of Finance, Ministry of Agriculture and Rural Development and committee of natural disaster management if the loss caused by natural disasters.

b) instruct professional agencies, People's Committee of provinces, communes to directly provide assistance for productive households suffering from losses effectively use the funding for assistance with right purpose, promulgate specific regulations and sanctions for prevention of funding loss or waste and negative issues.

c) decide the assistance rates as prescribed in clause 6 in Article 5 and prescribe particular assistance rate for each type of plant, livestock, fishery but not surpass regulated rate in clause 1, 2, 3 and 4 in Article 5 of this Decree;

d) send the report of implementation results following templates provided in Appendix II issued together with this Decree to the Ministry of Agriculture and Rural Development, Ministry of Finance and central committee for natural disaster management (in case of losses caused by natural disasters) at the end of the year or at the termination of natural disasters or epidemics.

Article 9. Implementation provisions

1. This Decree comes into force from February 25, 2017.

2. This Decree replaces Decision No. 142/2009/QD-TTg dated December 31, 2009, Decision No. 49/2012/QD-TTg dated November 08, 2012 on the amendments to Article 3 of Decision No. 142/2009/QD-TTg of the Prime Minister; clause 1 in Article 1 of Decision No. 719/QD-TTg dated June 05, 2008 and clause 1 in Article 1 of Decision No. 719/QD-TTg.

3. Transfer provision: If natural disasters or epidemics occur before this Decree comes into force but the assistance is provided at the effect of this Decree then the assistance rates will comply with the regulated one at the time natural disasters or epidemics happen.

4. Ministries, Directors of ministerial agencies and Governmental agencies, Chairperson of People’s Committee of provinces and centrally-affiliated cities shall take responsibility to implement this Decree./.