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THE GOVERNMENT |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 83/2018/ND-CP |
Hanoi, May 24, 2018 |
DECREE
AGRICULTURAL EXTENSION
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Technology Transfer dated June 19, 2017;
At the request of the Minister of Agriculture and Rural Development;
The Government hereby promulgates a Decree on agricultural extension.
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. Scope
This Decree provides for methods, entities and policies on agricultural extension and agricultural technology transfer prescribed in Clause 4 Article 52 of the Law on Technology Transfer.
2. Regulated entities
This Decree applies to organizations and individuals related to agricultural extension and agricultural technology transfer in Vietnam.
3. In the cases where the agricultural extension and agricultural technology transfer activities are related to the programs, projects and international treaties to which Vietnam is a signatory or participant, such programs, projects and international treaties shall prevail.
Article 2. Definitions
1. “agricultural extension” means the transfer of technological advances, dissemination of knowledge and provision of professional training to farmers in order to improve capacity for and efficiency in agricultural production and trade, environmental protection and new rural development.
2. “specific methods for agricultural technology transfer” include: provision of training, demonstration models or propagation activities prescribed in Articles 6, 7 and 8 of this Decree.
3. “specific forms of agricultural technology transfer” include agricultural extension programs, projects and plans, technology transfer programs and plans approved by the competent authority in accordance with regulations of this Decree and relevant legal documents.
4. “agricultural technology transferors” mean an organization or individual that is involved in agricultural extension and agricultural technology transfer activities prescribed in Clause 1 Article 5 of this Decree.
5. “agricultural technology transferee” means an organization or individual that receives transferred technology prescribed in Clause 2 Article 5 of this Decree.
6. “agricultural extension program” means a collection of agricultural extension projects and tasks that is aimed at developing agriculture and rural areas in each period and includes: name of the program; general objectives; name of agricultural extension projects and tasks; coverage; expected results.
7. “central agricultural extension project” means a collection of agricultural extension activities that are aimed at executing a central agricultural extension program, covers a period of 01 - 05 years and includes: name of the project; contents; coverage; period; expected results.
8. “local agricultural extension plan” means a plan that is aimed at developing contents of and estimating funding for performance of agricultural extension tasks and activities to serve execution of a local agricultural extension program.
9. “demonstration model” (hereinafter referred to as “the model”) is a content of the agricultural extension program, project or plan and is aimed at using advanced technology and management methods as a model.
10. “technical and economic norms for agricultural extension” mean the criteria that are expressed in value or in kind used to carry out agricultural extension activities.
11. “public-private partnership in agricultural extension” (hereinafter referred to as “the PPP agricultural extension”) means the cooperation between the State and organizations and individuals in making investment and carrying out agricultural extension activities to serve agricultural and rural area development.
Article 3. Objectives of agricultural extension
1. Improve efficiency in production and trade by organizations and individuals involved in agriculture in order to raise income, reduce poverty, enrich, respond to ecological conditions and climate change and market through agricultural extension activities, methods and forms.
2. Contribute to agricultural economic restructuring towards commodity development, improvement in productivity and food quality and safety to meet domestic and export demands; accelerate agricultural economic restructuring process towards increase in added value and sustainable development, and in association with new rural development; improve disaster resilience; ensure national food security and socio-economic stability, and protect the environment.
3. Encourage domestic and foreign organizations and individuals to participate in agricultural technology transfer.
Article 4. Rules for agricultural extension
1. Agricultural extension comes from production and market demands and State’s orientations towards agricultural development.
2. Active and voluntary role of organizations and individuals involved in agricultural extension and their responsibilities for providing explanation are enhanced.
3. Democracy and openness are ensured. The public’s supervision and state management are carried out.
4. Agricultural extension activities, forms and methods are conformable to each area, producer and ethnic group.
5. Technological advances and technology to be transferred should be recognized or approved by a competent authority.
6. Close connection between regulatory authorities, scientific research institutions and enterprises and farmers and between farmers is established.
7. Private sector involvement in agricultural extension is encouraged and agricultural extension services are expanded to encourage domestic and foreign organizations and individuals to participate in agricultural technology transfer.
8. Priority is given to agricultural extension in disadvantaged and extremely disadvantaged areas.
9. Priority is given to women and ethnics, organizations with high percentage of women or ethnics involved in agricultural extension.
Article 5. Agricultural technology transferors and transferees
1. Agricultural technology transferors include:
a) Organizations and individuals of state agricultural extension organizations that are established by a competent authority and operate as prescribed by law;
b) Organizations and individuals involved in research, training and transfer that perform tasks related to agricultural extension and agricultural technology transfer;
c) Other organizations and individuals, including political organizations, socio-political organizations, economic organizations, socio-professional organizations and other domestic and foreign organizations and individuals involved in agricultural extension and agricultural technology transfer within the territory of Vietnam.
2. Agricultural technology transferees include:
a) Farmers, farm owners, members of artels, members of cooperatives and other agricultural producers and traders;
b) Cooperative groups, artels, cooperatives and other agricultural producers and traders;
Chapter II
AGRICULTURAL EXTENSION ACTIVITIES AND METHODS
Article 6. Provision of training
1. Activities
a) Provide professional training in agricultural extension, policies and laws for agricultural technology transferors specified in Clause 1 Article 5 of this Decree;
b) Provide training in production techniques, management of agricultural production and trade, and training in policies, laws, market and prevention and reduction of damages caused by natural disasters and pests for agricultural extension transferees specified in Clause 2 Article 5 of this Decree.
2. Methods
a) Offer short-term courses that focus on linking theory and practice.
b) Organize on-site classes;
c) Provide long-distance training through radio, television or agricultural extension websites;
d) Survey and learn about domestic and foreign agricultural extension models
dd) Other training methods prescribed by applicable laws.
Article 7. Dissemination
1. Disseminated contents
a) The Party’s guidelines and State’s policies and laws on agriculture, farmers, rural areas and agricultural extension;
b) Production process, technological advances, effective production and trade models and typical individuals involved in agriculture and agricultural extension;
c) Market, agricultural product prices, agricultural materials, crop calendar, prevention and reduction of damages caused by natural disasters and pests;
d) Establishment of agricultural extension communication networks aimed at providing counseling, transferring technology and receiving information concerning production.
2. Methods
a) Mass media;
b) Agricultural extension magazines, documents and publications;
c) Agricultural extension events: conferences, seminars, competitions, fairs, exhibitions, learning tours, forums and talks;
d) Agricultural extension news and websites;
dd) Other communication methods prescribed by applicable laws.
Article 8. Developing and multiplying models
1. Activities
a) Development of models applying technological advances and technologies suitable for each area, production demand and agricultural development orientations;
b) Massive transfer of technological advances and technologies of production models and typical individuals.
2. Methods
a) Select place and participants, supply varieties, materials, equipment and others necessary for developing models;
b) Introduce technological advances and technologies of models;
c) Provide training in and guidelines for application of technological advances and technologies;
d) Organize field conferences or field seminars to assess effectiveness and capacity for application of technological advances and technologies to models;
dd) Disseminate information about models to massively transfer technological advances and technologies.
3. Prioritize development and multiplication of the following models:
a) Good agricultural practice models; certified production models; organic agriculture models; models for production along the value chain associated with product sale; agro-ecotourism models;
b) High-tech farming models;
c) Effective and sustainable agricultural production and trade management models;
d) Agricultural production models aimed at responding climate change, preventing and reducing damages caused by natural disasters and pests and protecting the environment;
dd) Production models aimed at sustainable poverty reduction in disadvantaged and extremely disadvantaged areas;
e) Other models developed according to production and market demands and local and agricultural development orientations.
Article 9. Agricultural extension consulting services and services
1. Activities
a) Policies and laws on agricultural and rural area development;
b) Cooperation in production along the value chain;
c) Transfer of technological advances and technologies, organize and manage agricultural production and trade;
d) Development of start-ups, setting up investment project, capital raising, employee recruitment and training, market promotion, brand development, product introduction and sale, agricultural insurance;
dd) Seed, agricultural material and equipment, plant protection and veterinary medicine services;
e) Provision of counseling and other services in accordance with regulations of law, producers’ demands and capacity of organizations and individuals involved in agricultural extension.
2. Methods
a) Provision of direct counseling;
b) Provision of counseling through mass media;
c) Provision of counseling through training courses, forums or seminars;
d) Provision of counseling and services under contracts.
Article 10. International cooperation in agricultural extension
1. Activities
a) Exchanges of experiences in agricultural extension and science and technology with international organizations and experts in accordance with regulations of law;
b) Improvement of capacity and skills of persons in charge of agricultural extension through international cooperation programs and foreign agricultural extension model surveying and learning programs;
c) Programs on agricultural extension cooperation and transfer of agricultural technologies from foreign countries to Vietnam and vice versa.
2. Methods
a) Under the agreements and protocols on official cooperation programs and projects (bilateral or multilateral) or PPP agreements;
b) Under the technology transfer agreements between domestic organizations and individuals and foreign organizations and individuals;
c) Other international cooperation methods prescribed by Vietnam’s laws.
Chapter III
AGRICULTURAL EXTENSION FORMS
Article 11. Agricultural extension forms and specific forms for agricultural technology transfer
1. Central agricultural extension forms and specific forms for central government agricultural technology transfer include:
a) Central agricultural extension programs (a period of 05-10 years);
b) Regular agricultural extension tasks (every year);
c) Other agricultural technology transfer programs and plans approved by the Minister of Agriculture and Rural Development.
2. Local agricultural extension forms and specific forms for agricultural technology transfer include:
a) Local agricultural extension programs (a period of 03-05 years);
b) Local agricultural extension plan (every year);
c) Other agricultural technology transfer programs and plans approved by the People’s Committee of the province or central-affiliated city (hereinafter referred to as “the province”)
3. The agricultural extension and agricultural technology transfer forms prescribed in Clauses 1 and 2 of this Article are carried out by assigning tasks or placing orders as prescribed by applicable laws.
Section 1: CENTRAL AGRICULTURAL EXTENSION FORMS
Article 12. Central agricultural extension program
1. Bases for designing a central agricultural extension program
a) Agricultural and rural development guidelines, orientations, strategies and schemes, and key national agricultural products;
b) Domestic and foreign market demand; production demand;
c) Agricultural extension investment and investment encouragement policies and forecast about state and private sector investment in agricultural extension and agricultural technology transfer during the program execution;
d) Agricultural extension and agricultural technology transfer programs, projects and international treaties to which Vietnam is a signatory or participant.
2. The Ministry of Agriculture and Rural Development shall design and approve the central agricultural extension program that covers a period of 05-10 years in conformity with medium and long term agricultural development plans. Procedures for designing and approving the program are as follows:
a) Propose and design a central agricultural extension program by each field and national key agricultural product;
b) Send enquiries to relevant organizations and individuals;
c) Establish a central agricultural extension program consulting and appraisal council
d) Approve the central agricultural extension program;
dd) Publish the program on the web portal of the Ministry of Agriculture and Rural Development;
3. The central agricultural extension program shall be adjusted as follows:
During execution of the program, according to the agricultural development guidelines and orientations and production and market demand, the Ministry of Agriculture and Rural Development shall approve adjustments to the central agricultural extension program.
Article 13. Requirements for the central agricultural extension project
1. Objectives, scope and contents of the approved central agricultural extension program or occasional tasks assigned by the Ministry of Agriculture and Rural Development shall be conformed to.
2. Technological advances and technology to be transferred should be recognized or approved by a competent authority.
3. Contents of the central agricultural extension project include model development, model multiplication and project management. Models shall be also developed by the agricultural extension organization of the province or other local agricultural extension organizations that have functions and tasks related to the project.
Article 14. Criteria for registration as an organization presiding over the central agricultural extension project
1. Regarding the presiding organization:
a) A presiding organization shall be licensed to perform agricultural extension tasks and transfer agricultural technology or engage in production and trade within the scope of the project. Priority is given to the organization that has the ownership or copyright on the technological advances and technologies to be transferred by the project;
b) The presiding organization shall satisfy requirements for personnel, science and technology to execute the project;
c) The presiding organization shall not, within 2 years by the time of applying for registration as a presiding organization, preside over any central agricultural extension program whose unsatisfactory commissioning results are unsatisfactory or use the funding for the central agricultural extension project for wrong purposes and against the law.
2. Regarding the project leader:
a) The project leader is the personnel of the presiding organization and assigned to execute and take responsibility for the results of the project;
b) The project leader shall obtain at least a bachelor’s degree in the major suitable for the main content of the project; have at least 03 years' experience in agricultural extension, transfer of technological advances or production and trade in the same field and product of the project;
c) The project leader shall not, within 02 years by the time of applying for registration as a project leader, lead any central agricultural extension project whose unsatisfactory commissioning results are unsatisfactory or commit any violation that results in termination of the project;
d) Each individual shall only lead 01 central agricultural extension project at the same time.
Article 15. Compiling and approving the list of central agricultural extension projects annually executed
1. According to the approved central agricultural extension program, the Ministry of Agriculture and Rural Development shall establish a consulting council to compile a list of central agricultural extension projects. The list of central agricultural extension projects includes name of the projects, objectives, contents, coverage of the project, execution period and expected results.
2. According to the council’s counsels, the Ministry of Agriculture and Rural Development shall approve the list of projects before July 31 and publish it on its web portal and instruct organizations and individuals prepare applications for registration as presiding organizations.
3. Where necessary (to meet production and market demands or perform occasional tasks or prevent and take remedial actions against natural disasters and pests), the Ministry of Agriculture and Rural Development shall approve addition of some projects that are not included in the central agricultural extension program.
Article 16. Central agricultural extension project dossier
1. An application form for registration as an organization presiding over the central agricultural extension project.
2. Summary of agricultural extension and agricultural technological advances and technology transfer by the applicant (Form No. 01 enclosed herewith).
3. Profile of the applicant (Form No. 02 enclosed herewith).
4. An explanation about the central agricultural extension project (Form No. 03 enclosed herewith).
5. Written confirmation of cooperation in executing the central agricultural extension project (Form No. 04 enclosed herewith).
6. Written confirmation of executing the central agricultural extension project within an area (Form No. 05 enclosed herewith).
7. Commitment to contribution of reciprocal capital (if any).
Article 17. Receipt and verification of validity of the central agricultural extension project dossier
1. Receipt of dossiers
a) Within 30 days from the date on which the list of projects is published, the applicant for registration as an presiding organization/project leader shall prepare a project dossier prescribed in Article 16 of this Decree and submit 01 set of dossier (original) to the receiving authority (in person or by post);
b) The date of receipt is the date specified in postage stamp (in the case of submission of the dossier by post) or date stamp of the receiving authority (in the case of submission of the dossier in person).
2. Within 07 working days from the expiry date of submission of dossiers, the receiving authority shall open, inspect and verify the validity of the application for registration.
a) Participants include representatives of relevant authorities affiliated to the Ministry of Agriculture and Rural Development. Representatives of the applicants shall be invited;
b) The valid application that will be considered and assessed is the application that is prepared using the forms specified in Article 16, satisfies the criteria specified in Article 14 and is submitted within the time limit specified in Clause 1 of this Article;
c) Regarding the invalid application, the receiving authority shall notify the organization/individual in writing within 05 working days from the end of opening and inspecting the application.
d) The application opening result shall be made into a record as prescribed.
Article 18. Establishment of application assessment council, assessment criteria and grading scale
1. The Ministry of Agriculture and Rural Development shall establish a council in charge of assessing the application for registration as an organization presiding over the central agricultural extension project.
2. Assessment criteria and grading scale
The application for registration shall be assessed and graded (up to 100 points). To be specific:
a) Capacity for presiding: up 10 15 points;
b) Capacity for leading the project: up to 10 points;
c) Capacity of entities cooperating in executing the project: up to 10 points;
d) Contents of the project: up to 20 points;
dd) Methods for execution and feasibility of the project: up to 15 points;
e) Results, effectiveness and multiplication: up to 20 points;
g) Funding for execution: up to 10 points.
3. The application selected by the council is the one that is given the highest average point (at least 70 points). No criterion is given zero (0) point by more than 1/3 of total council members.
Article 19. Approval for the central agricultural extension project
1. Based on the selection by the council, the Ministry of Agriculture and Rural Development shall consider, approve and notify results of selection of presiding organizations and project leaders.
2. The organization and individual shall submit a complete project dossier to the receiving authority (directly or by post) within 15 days from the date on which the written notice is given.
3. The Ministry of Agriculture and Rural Development shall decide to approve the project and explanation for the central agricultural extension project before November 30 and assign the presiding organization and project leader to execute the project by assigning tasks or placing orders in accordance with applicable regulations.
Article 20. Inspection and assessment of the central agricultural extension project
1. Annually, the Ministry of Agriculture and Rural Development shall formulate and approve the periodic or ad hoc inspection plans to inspect and assess the execution, progress, results and effectiveness of the central agricultural extension project. The inspection of each project shall be carried out at least once during its execution.
2. Before the inspection (at least 05 working days), the inspection team shall notify date and place of inspection to the presiding organization, project leader and inspection team members. The presiding organization and project leader shall prepare and submit a project execution report to the inspection team.
3. During execution of the project, the presiding organization shall inspect the project itself and submit annual or ad hoc inspection reports to the Ministry of Agriculture and Rural Development before June 15 and December 15.
Article 21. Adjustment to the central agricultural extension project
1. The central agricultural extension project is adjusted at the request of the presiding organization
a) The presiding organization shall send a written notice of any difficulties that arise during the execution specifying reasons thereof to the Ministry of Agriculture and Rural Development (in person or by post);
b) Within 15 days from the date on which the written notice is received, the Ministry of Agriculture and Rural Development shall consider and decide to adjust or assign its affiliate to decide to adjust the central agricultural extension project and notify the presiding organization.
2. According to annual project inspection and commissioning results or when necessary, the Ministry of Agriculture and Rural Development shall consider approving the adjustment or assign its affiliate to decide to adjust the central agricultural extension project on realistic demand and notify the presiding organization.
3. The adjustment shall be made before November 30.
Article 22. Commissioning of the central agricultural extension project
1. Annual project commissioning
a) Before December 25, the presiding organization shall submit 01 set of annual project commissioning dossier (in person or by post) to the Ministry of Agriculture and Rural Development;
b) An annual project commissioning dossier includes: an application form for commissioning; annual project execution report (Form No. 06 enclosed herewith); contract and commissioning record between the presiding organization and cooperating units; inspection record (if any); relevant documents and products (if any);
c) The Ministry of Agriculture and Rural Development shall assign its affiliates to commission the project before January 30.
2. Commissioning of the completed project
a) After the project is closed, the presiding organization shall submit 01 set of annual project commissioning dossier (in person or by post) to the Ministry of Agriculture and Rural Development before March 31;
b) A completed project commissioning dossier includes: an application form for commissioning; project review report (Form No. 07 enclosed herewith); annual project commissioning record; inspection record; relevant documents and products (if any);
c) The Ministry of Agriculture and Rural Development shall establish a completed project commissioning council;
d) Within 15 working days from the date on which a meeting with the commissioning council is held, the presiding organization shall submit a complete commissioning dossier to the Ministry of Agriculture and Rural Development;
dd) The Ministry of Agriculture and Rural Development shall approve the commissioning results before June 30 and publish them on its web portal.
Article 23. Regular agricultural extension tasks
1. Regular agricultural extension tasks that are annually performed include:
a) Dissemination: organization of agricultural extension events (forums, seminars, conferences, competitions, fairs, exhibitions); dissemination through mass media; agricultural extension news and websites; establishment of agricultural extension database; agricultural extension documents and publications;
b) Provision of training: provision of professional training for agricultural extension officials at all levels and units involved in agricultural extension; provision of training in skills in production and management for producers; design of agricultural extension learning materials; surveying and learning about domestic and foreign agricultural extension models;
c) International cooperation in agricultural extension;
d) Procurement and repair of equipment for agricultural extension;
dd) Management, inspection and assessment of efficiency in agricultural extension.
2. Regular agricultural extension tasks shall be established, appraised or approved as follows:
a) Before July 31, the organization/individual that proposes regular agricultural extension tasks for the next year (Form No. 08 enclosed herewith) shall send them to the Ministry of Agriculture and Rural Development (in person or by post);
b) The Ministry of Agriculture and Rural Development shall assign its affiliate to consolidate and establish agricultural extension tasks before August 31;
c) The Ministry of Agriculture and Rural Development shall establish a regular agricultural extension task appraisal council;
d) According to the appraisal results, the Ministry of Agriculture and Rural Development shall approve regular agricultural extension tasks before October 31.
3. The Ministry of Agriculture and Rural Development shall assign its affiliated agricultural extension organization to perform regular agricultural extension tasks by assigning tasks or placing orders in accordance with applicable regulations.
4. Regular agricultural extension tasks shall be inspected as follows:
The Ministry of Agriculture and Rural Development shall organize establishment of and approve regular agricultural extension tasks and assign its affiliates to perform the approved tasks.
5. Adjustment to regular agricultural extension tasks
a) The presiding organization shall send a written notice of any difficulties that arise during performance to the Ministry of Agriculture and Rural Development (in person or by post);
b) Within 15 days from the date on which the written notice is received, the Ministry of Agriculture and Rural Development shall consider approving the adjustment or assign its affiliate to approve the adjustment and notify the organization/individual;
c) During performance, according to the agricultural development guidelines and orientations, production and market demand and inspection results, when necessary, the Ministry of Agriculture and Rural Development shall approve the adjustment to the tasks and notify the organization/individual.
6. Regular agricultural extension tasks shall be commissioned as follows:
a) The Ministry of Agriculture and Rural Development shall assign its affiliates to cooperate with organizations and individuals in commissioning regular agricultural extension tasks before January 30;
b) The Ministry of Agriculture and Rural Development shall establish a council to appraise regular agricultural extension task commissioning results council before April 30;
c) According to the appraisal results, the Ministry of Agriculture and Rural Development shall approve regular agricultural extension task commissioning results before June 30.
Section 2: LOCAL AGRICULTURAL EXTENSION FORMS
Article 24. Local agricultural extension program
1. Bases for designing a local agricultural extension program
a) Agricultural and rural development guidelines, orientations, strategies and schemes and local key agricultural products;
b) Local natural and socio-economic conditions; market and production demand;
c) The central agricultural extension program promulgated by the Ministry of Agriculture and Rural Development in each period.
2. Procedures for designing, appraising and approving a local agricultural extension program
a) The People’s Committee of the province shall assign a specialized authority affiliated to the local agricultural extension program designer and send enquires to relevant authorities;
b) The People’s Committee of the province shall a local agricultural extension program appraisal council;
c) According to appraisal results, the President of the People’s Committee of the province shall approve the local agricultural extension program and publish it on the web portal of the People’s Committee of the province.
3. Adjustment to the local agricultural extension program
During execution of the program, according to the local development guidelines and orientations and production and market demand, the People’s Committee of the province shall approve adjustments to the local agricultural extension program.
Article 25. Procedures for formulating, appraising and approving a local agricultural extension plan
1. Annually, according to the approved local agricultural extension program and market and production demand, the local agricultural extension organization and other organizations and individuals involved in agricultural extension shall propose and submit an agricultural extension plan and funding estimate to a local agricultural extension authority before September 30.
2. The local agricultural extension authority shall appraise contents and funding estimate and submit them to the People’s Committee at the same level.
3. The People’s Committees at all levels shall approve or assign their affiliates to approve the agricultural extension plan before November 30 and publish it as prescribed.
4. The People’s Committees at all levels shall decide to or assign their affiliates to implement the agricultural extension plan by assigning tasks or placing orders in accordance with applicable regulations.
Article 26. Management of the local agricultural extension plan
Presidents of the People’s Committees at all levels shall assign their affiliates to direct and provide guidelines for the agricultural extension plan, organize inspection, commissioning and settlement in accordance with applicable regulations.
Chapter IV
POLICIES ON AGRICULTURAL TECHNOLOGY TRANSFER THROUGH AGRICULTURAL EXTENSION
Article 27. Training policy
1. Technology transferees shall be provided with up to100% of costs of documents, meal allowances, commuting allowances and accommodation allowances during agricultural extension training courses and surveys.
0}2. Technology transferors
a) Technology transferors shall be provided with up to100% of costs of documents, meal allowances, commuting allowances and accommodation allowances during agricultural extension training courses and surveys;
b) Teachers, teaching assistants, learning tour operators and class organizers shall be provided with 100% of benefits in accordance with applicable regulations;
c) Provision of training for minority ethnic and female agricultural extension officials shall be prioritized.
Article 28. Dissemination policy
1. The state budget shall provide up to 100% of costs of developing agricultural extension contents that are disseminated through mass media, releasing agricultural extension magazines, documents and publications, organizing agricultural extension events (conferences, seminars, competitions, fairs, exhibitions, forums), establishing and managing agricultural extension database and other methods for agricultural extension dissemination.
2. When attending agricultural extension events, technology transferors and transferees shall be provided with of costs of documents, meal allowances, commuting allowances and accommodation allowances in accordance with applicable regulations.
Article 29. Model development and multiplication policies
1. Model development assistance policy
a) The models in disadvantaged areas, extremely disadvantaged areas, border areas, islands and areas affected by natural disasters, pests and climate change that are published by the competent authority shall be provided with up to 100% of costs of varieties, equipment and materials necessary for model development;
b) The models in midland areas, mountainous areas and intertidal areas shall be provided with up to 70% of costs of varieties, equipment and materials necessary for model development;
c) The models in delta areas shall be provided with up to 50% of costs of varieties, equipment and materials necessary for model development;
d) Hi-tech farming models shall be provided with up to 40% of total funds for model development (applicable to all areas);
dd) Agricultural production and trade management models shall be provided with up to 100% of funds for model development but must not exceed VND 100 million per model (applicable to all areas);
e) up to 100% of costs of certification of food safety and disease safety upon development of models shall be provided (applicable to all areas).
2. Model multiplication policy
The state budget shall provide up to 100% of costs of provision of training, dissemination, organization of conferences and seminars and model learning tours.
Article 30. Agricultural extension consulting and service encouragement policy
1. Organizations and individuals involved in agricultural extension are entitled to engage in agricultural extension consulting services and services specified in Article 9 of this Decree as prescribed by applicable laws.
2. Organizations and individuals involved in agricultural extension consulting services and services are given priority over land rent and concessional loans and are entitled to exemptions and remissions of tax and fees as prescribed by applicable laws.
3. Costs of agricultural extension services and consulting services agreed upon by the parties shall be agreed upon by the parties. Revenues from agricultural extension services and consulting services shall be managed and used as prescribed by applicable laws.
Article 31. Private sector involvement in agricultural extension and agricultural technology transfer
1. Private entities that invest in agricultural extension and agricultural technology transfer are entitled to:
a) have their products honored and introduced when engaging in agricultural extension and technology transfer in a manner that proves effectives and exerts good impacts on agricultural production and trade;
b) be instructed and enabled by agricultural extension authorities when engaging in agricultural extension and agricultural technology transfer;
c) be provided with incentives for tax, fees, loans, land rent and other incentives prescribed by applicable laws.
2. Responsibilities of private entities that invest in agricultural extension and agricultural technology transfer:
a) Plant varieties, livestock breeds, transferred agricultural materials, machines and equipment to be transferred shall have their technological advances recognized or licensed to be produced, traded and used as prescribed by law;
b) Upon transfer of technological advances and technologies, it is required to provide detailed guidelines for their functions and effects;
c) Organizations and individuals shall be responsible to law and provide compensation for damages inflicted by transfer of technological advances and technologies (except for force majeure events);
d) At least 15 days before the transfer, a report shall be submitted to a local agricultural extension authority. The report includes: name of the technological advance/technology to be transferred, product licensed to be produced, traded and used, enclosed with a user manual; agricultural extension activities; date and place of transfer; transferees; commitment to responsibilities prescribed in Point c of this Clause.
3. Responsibilities of agricultural extension authorities:
a) Within 05 working days from the date on which the report is received, the agricultural extension authority shall verify its validity as prescribed in Clause 2 of this Article. In case of invalid report or non-conformity with guidelines, demands and conditions of the area, a written explanation shall be provided;
b) The agricultural extension authority shall, on its own initiative, inspect and supervise agricultural extension and agricultural technology transfer by organizations and individuals within its area.
Chapter V
AGRICULTURAL EXTENSION FUND
Article 32. Sources of agricultural extension fund
1. Central agricultural extension fund is covered by:
a) Central government budget allocated to agricultural extension programs, projects and plans within the liabilities of the central government and approved by the Minister of Agriculture and Rural Development;
b) Agricultural extension consulting service and service contracts;
c) Legal sponsorship and contributions from domestic and foreign organizations and individuals;
d) Other legal revenues prescribed by law.
2. Local agricultural extension fund includes agricultural extension fund of provinces, districts and communes and is covered by:
a) Local government budget allocated to agricultural extension programs and plans within the liabilities of the local government and approved by the People’s Committees of provinces, districts and communes;
b) Agricultural extension consulting service and service contracts;
c) Legal sponsorship and contributions from domestic and foreign organizations and individuals;
d) Other legal revenues prescribed by law.
3. Funds provided for other agricultural extension organizations are covered by:
a) Capital of other agricultural extension organizations;
b) Funds partially allocated by the state budget through agricultural extension programs, projects and plans approved by the competent authority;
c) Agricultural extension consulting service and service contracts;
d) Legal sponsorship and contributions from domestic and foreign organizations and individuals;
dd) Other legal revenues prescribed by law.
Article 33. Use of agricultural extension funds
1. Agricultural extension funds covered by the state budget shall be used for:
a) activities specified in Articles 6, 7, 8, 9 and 10 of this Decree;
b) hiring domestic and foreign experts to serve agricultural extension and assess efficiency in agricultural extension;
c) purchasing copyright and new appropriate technologies;
d) procurement of equipment for agricultural extension;
dd) 8% of agricultural extension funds shall be used for management of agricultural extension programs, projects and plans (3% and 5% of funds shall be provided for agricultural extension authorities and organizations executing agricultural extension projects and performing agricultural extension tasks respectively);
e) Other expenditures on agricultural extension.
2. Agricultural extension funds not covered by the state budget shall be managed and used by organizations and individuals in accordance with regulations of this Decree and applicable regulations of law.
Article 34. Making and enacting estimate of and settling agricultural extension funds
1. The central agricultural extension fund shall be used for agricultural extension activities managed by the Ministry of Agriculture and Rural Development in each period. The Ministry of Agriculture and Rural Development shall estimate, allocate and settle annual agricultural extension funds as prescribed by the Law on State Budget and guiding documents.
2. Funds of a province, district or commune for agricultural extension is managed by its People’s Committee and provided by budgets of such province, district or commune. The People’s Committee of the province shall estimate, allocate and settle annual local agricultural extension fund as prescribed by the Law on State Budget and guiding documents.
3. Payment of central and local agricultural extension funds shall be made according to the agricultural extension programs, projects and plans approved by the competent authority.
Chapter VI
IMPLEMENTATION
Article 35. Responsibilities of central government ministries
1. The Ministry of Agriculture and Rural Development shall perform state management of agricultural extension. To be specific:
a) Prepare and promulgate within its power or request a competent authority to promulgate legislative documents concerning agricultural extension, agricultural extension development policies and strategies and economic and technical norms for agricultural extension;
b) Compile and promulgate a list of technological advances in varieties, products, production process, technical measures and measures for agricultural technology transfer encouragement and management;
c) Approve central agricultural extension programs and direct implementation thereof;
d) Assign its affiliates to perform state management of agricultural extension, sign contracts, manage, inspect, supervise, commission and finalize central agricultural extension programs, projects and plans and agricultural technology transfer programs and plans;
dd) Prescribe members and methods for operation of the council in charge of appraising and commissioning regular agricultural extension programs, projects and tasks;
e) Provide professional guidelines for agricultural extension for local governments;
g) Cooperate with domestic and foreign organizations and individuals in attracting capital and resources for agricultural extension;
h) Carry out inspection and settle complaints and denunciations about agricultural extension;
i) Cooperate with the Ministry of Finance in providing guidelines for management and use of central and local agricultural extension fund;
k) Manage central agricultural extension fund as prescribed;
l) Review, assess and submit periodic reports on nationwide agricultural extension and agricultural technology transfer to the Prime Minister.
2. The Ministry of Finance shall:
a) take charge and cooperate with the Ministry of Agriculture and Rural Development in regularly providing funding for recurrent expenditure on central agricultural extension activities as prescribed by the Law on State Budget, legal documents elaborating laws and regulations of this Decree and request the competent authority to approve such expenditures;
h) take charge and cooperate with the Ministry of Agriculture and Rural Development in providing guidelines for management and use of central and local agricultural extension fund.
3. Ministries, ministerial agencies and Governmental agencies shall, within their power and jurisdiction, cooperate with the Ministry of Agriculture and Rural Development in performing state management of agricultural extension according to the Government’s regulations.
Article 36. Responsibilities of People’s Committees of provinces
People’s Committees of provinces shall perform state management of agricultural extension. To be specific:
1. Establish and promulgate policies and economic-technical norms for agricultural extension suitable for agricultural development guidelines and orientations and local conditions.
2. Approve local agricultural extension programs, approve or assign Departments of Agriculture and Rural Development, People’s Committees of districts and communes to approve local agricultural extension programs and direct implementation thereof.
3. Assign its affiliates to perform state management of agricultural extension, manage, inspect, supervise, commission and finalize local agricultural extension programs and agricultural technology transfer programs and plans.
4. Manage agricultural extension and agricultural technology transfer within areas.
5. Provide funding for implementing agricultural extension policies and assistance for local agricultural extension activities in accordance with regulations of this Decree.
6. Encourage foreign and domestic organizations and individuals to participate in agricultural extension.
7. Management of local agricultural extension fund.
8. Carry out inspection and settle complaints and denunciations about agricultural extension within areas.
9. Annually direct the Department of Agriculture and Rural Development to review, draw on experience of and submit reports on local agricultural extension and agricultural technology transfer.
Article 37. Transition clause
The agricultural extension programs, projects and plans that have been approved before the effective date of this Decree and are being executed shall continue to be executed as prescribed in the Government’s Decree No. 02/2010/ND-CP dated January 08, 2010 and relevant guiding documents until they are commissioned upon their completion.
Article 38. Effect
This Decree comes into force from July 10, 2018 and replaces the Government’s Decree No. 02/2010/ND-CP dated January 08, 2010.
Article 39. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People’s Committees of provinces are responsible for the implementation of this Decree./.
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