Chapter IV
CROP CULTIVATION
Section 1. USE OF NATURAL RESOURCES IN CROP CULTIVATION ACTIVITIES
Article 55. Use and protection of land during the cultivation process
1. The crop production authority must identify the crop structure based on the physical and chemical properties of soil, the biological characteristics of each crop and the level of science and technology development.
2. With respect to arable fields specialized in cultivation of wet rice, vegetables, perennial fruit trees, industrial perennials and ornamental plants, the provincial People's Committee shall plan them for stable use and in line with the economic development orientation, and shall carry out the periodic evaluation of the quality of land so as to work out measures to improve and utilize them in a sustainable manner.
Article 56. Crop structure shift occurring on rice paddy fields
1. Crop structure shift occurring on rice paddy fields shall be subject to the following regulations:
a) Correspond to land use planning schemes of localities, market demands, water resource and climatic conditions;
b) Develop concentrated production areas for specific crops associated with land shuffling and combination as well as chain-based production linkages;
c) Ensure effective exploitation of available infrastructure; conformity with the planning and orientation for improvement of fundamental facilities for agricultural production in specific localities;
d) Avoid causing any loss of conditions necessary to recover the rice cultivation.
2. The Government shall issue specific regulations of this Article.
Article 57. Protection and use of topsoil of arable wet rice cultivation land
1. The topsoil of arable wet rice cultivation land shall be used only for agricultural purposes; shall be protected and used in an effective manner.
2. Organizations or individuals building facilities on the land shifted from the arable wet rice cultivation land shall be required to work out the proper topsoil use plan.
3. The Government shall issue specific regulations of this Article.
Article 58. Use of irrigation water
1. Crop production authorities of local jurisdictions shall be responsible for determining the crop structure and season that meet water resource conditions.
2. Organizations and individuals providing water resource services shall be obliged to ensure that the quality of irrigation water conforms to technical standards and regulations.
3. Organizations and individuals shall be responsible for using irrigation water supplies in an effective manner; applying advanced and cost-efficient cultivation practices; reusing water in accordance with laws on water resources, irrigation and other relevant regulations.
Article 59. Use of beneficial organisms
1. Beneficial organisms used in crop cultivation include organisms that play a role in stabilizing and improving soil fertility, increasing plant resistance and growth capacity, preserving and processing crop produce or byproducts, preventing and controlling harmful organisms, pollinating plants and serving other useful purposes.
2. Organizations and individuals involved in crop cultivation activities shall comply with laws on environment, biodiversity protection, plant protection and quarantine; shall apply advanced production processes to protect and promote the effectiveness of beneficial organisms.
3. The Minister of Agriculture and Rural Development shall undertake the inspection and assessment of beneficial organism resources in order to implement measures to protect and exploit them in a proper manner; shall adopt the nomenclature describing beneficial organisms species used in crop cultivation.
Section 2. USE OF AGRICULTURAL EQUIPMENT AND SUPPLIES IN CROP CULTIVATION ACTIVITIES
Article 60. Agricultural equipment and supplies in crop cultivation activities
1. Crop cultivation equipment shall include greenhouses, net houses, machinery and tools used for production, irrigation, harvesting, handling, preservation and processing of crop produce.
2. Agricultural supplies used in crop cultivation activities shall be comprised of the followings:
a) Plant varieties;
b) Fertilizers;
c) Pesticides;
d) Planting media, ground cover membranes and thermal insulating materials;
dd) Chemicals and biological products used in crop production activities, other than agricultural supplies referred to in point b and c of this clause.
3. Management of the quality of agricultural equipment and supplies used in crop cultivation shall be subject to laws on technical standards and regulations, commodity quality and commercial products.
Article 61. Requirements concerning use of agricultural equipment and supplies used in crop cultivation activities
1. Organizations and individuals engaged in crop farming activities shall only be allowed to use agricultural materials in cultivation which are permitted for use and circulation in accordance with the provisions of law; shall follow instructions given by specialized agencies or organizations and individuals producing agricultural materials.
2. Organizations and individuals using agricultural materials in crop cultivation activities must meet requirements concerning environmental protection, community health, food safety and restriction of the spread of harmful organisms.
3. Organizations and individuals using fertilizers shall be bound to observe principles specified in point b of clause 2 of Article 54 herein.
4. Organizations and individuals using pesticides must comply with laws on plant protection and quarantine.
Section 3. DEVELOPMENT OF CONCENTRATED AND LINKED PRODUCTION ZONES
Article 62. Development of concentrated production zones
1. The development of a concentrated production zone must be in line with the physical and chemical properties of soil, climate, water resources, biological characteristics of crops and regional advantages; ensure the building of raw material areas associated with processing activities and markets.
2. Provincial People’s Committees shall be responsible for developing plans and schemes for development of concentrated production zones according to the planning.
Article 63. Production cooperation and affiliation
1. Develop forms of cooperation and affiliation at concentrated production zones on the basis of contracts; facilitate the granting of quality certificates and tracing of the origin of products; increase effectiveness in production and business, and ensure the balance of interests between the involved parties.
2. The People’s Committees at all levels shall assume the following responsibilities:
a) Provide favorable conditions and support for parties to negotiate, conclude and fulfill commitments under production and product consumption cooperation and partnership contracts;
b) Assist in infrastructure construction, logistics services and trade promotion for concentrated production zones.
Article 64. Management and grant of codes of crop cultivation regions
1. The cultivation region code is an identity code of a crop production area used for monitoring and controlling production; controlling product quality; tracing the origin of crop products.
2. The State shall provide encouragement, incentive and preferential policies for organizations and individuals applying for the grant of the crop cultivation zone’s code.
3. The Ministry of Agriculture and Rural Development shall develop the roadmap and provide instructions for the grant of codes of crop cultivation zones nationwide.
4. Provincial People’s Committees shall carry out the grant of the crop cultivation zone's code at respective provinces according to the roadmap and instructions of the Ministry of Agriculture and Rural Development.
Section 4. PRODUCTION PROCESSES, APPLICATION OF HIGHT TECHNOLOGIES AND MECHANIZATION
Article 65. Production processes
1. Production processes shall be designed to be appropriate for specific crops.
2. Each production process shall be designed on the basis of the results of a research, technological advances and conclusions of crop farming practices; shall be amended and supplemented when new technological advances are made, conform to production practices, scientific and technological development levels and the users’ competence.
Article 66. Application of high technologies in crop cultivation activities
1. High technologies shall be preferred and receive incentives for use in crop cultivation activities, including:
a) Genetic biotechnology for the selection and propagation of plant varieties; diagnosis and evaluation of organisms harmful to crops; development of products in biology and new materials;
b) Technology for efficient irrigation and farming without soil;
c) Greenhouse and net house cultivation technology;
d) Information technology applied to the projection and forecast of harmful organisms; the grant of codes and management of cultivation zones;
dd) Precise agricultural techniques applied in the soil science and crop nutrition; automatically-controlled fertilizer administration and irrigation; semi-automated and automatic technology used in the production line; analysis of the quality of production environment and crop produces.
2. Hi-tech applications referred to in point b and c of clause 1 of this Article shall be preferred for use in cultivation zones facing difficulties, sandy land at or near the coast or land exposed to the risk of degradation and desertification.
3. High technologies prescribed in point c of clause 1 of this Article shall be developed at a proper density rate and with an aim of decreasing effects of greenhouse gases.
Article 67. Mechanization of crop cultivation activities
1. Mechanization of crop cultivation activities shall aim to ensure consistency and gradual modernization.
2. Investment in and improvement of infrastructure used in arable fields must pave the way for performing mechanization tasks.
3. Upon formulation of production plans, determination of the crop structure and season, organizations and individuals shall be required to consider conditions for performing mechanization tasks.
4. Equipment and machinery used in crop cultivation activities must be selected so that they are appropriate for practical conditions of fields, scale, nature and level of cultivation.
Section 5. ORGANIC CULTIVATION
Article 68. Development and protection of organic cultivation zones
1. Organic cultivation zones must be developed, protected and equipped with appropriate facilities, and must aim to prevent chemical pollution from the outside.
2. Provincial People’s Committees shall identify and widely inform organic cultivation zones; shall adopt regulations on cultivation of plants on organic cultivation zones within their ambit.
Article 69. Organic cultivation requirements
1. Organic cultivation organizations and individuals shall be required to meet national standards regarding organic agriculture. In case of export of organic crop produce, the importing country’s requirements shall be applied.
2. Plant varieties, fertilizers, pesticides and other agricultural supplies used in organic cultivation activities must meet organic agriculture standards and relevant technical regulations, or must be manufactured by using raw materials and production methods conformable to organic agriculture standards.
3. Synthetic chemicals, crop growth stimulants and genetically modified vegetation shall be prohibited for use in crop production, harvesting, handling, preservation and processing.
4. Labeling of organic crop produce shall be subject to laws on commerce and other relevant legislation.
5. The Government shall specifically regulate the organic cultivation.
Section 6. CULTIVATION ADAPTED TO CLIMATE CHANGE AND PROTECTING ENVIRONMENT
Article 70. Cultivation adapted to climate change
1. Apply appropriate cultivation solutions to adapt to climate change and decrease greenhouse gas emission.
2. The Ministry of Agriculture and Rural Development shall assume the following responsibilities:
a) Determine appropriate cultivation solutions to adapt to climate change and decrease greenhouse gas emission;
b) Upon formulation and implementation of strategies, programs, schemes and projects for development of crop production, integrate solutions for adaptation to climate change and decrease in greenhouse gas emission into them.
3. Provincial People’s Committees shall conduct the evaluation of effects of climate change, provide instructions for organizations and individuals to apply solutions for adaptation to climate change and decrease in greenhouse gas emission in crop production at local jurisdictions.
4. Encourage cultivation organizations and individuals to apply solutions for adaptation to climate change and decrease in greenhouse gas emission.
Article 71. Cultivation of crops on the sloping land, lowland, alkaline soil, saline soil, sandy soil at or near the coast, soil at risk of desertification or degradation
1. Cultivation of crops on the sloping land, lowland, alkaline soil, saline soil, sandy soil at or near the coast, soil at risk of desertification or degradation shall conform to the production process to avoid erosion, landslide, soil aggradation and degradation, and ensure sustainable development of crop production.
2. Organizations and individuals cultivating crops at areas specified in clause 1 of this Article shall be entitled to policies stipulated in Article 4 hereof and other policies prescribed in relevant laws.
3. The Ministry of Agriculture and Rural Development shall issue criteria for determination, methods of management and the processes for production of crops on the sloping land, lowland, alkaline soil, saline soil, sandy soil at or near the coast, soil at risk of desertification or degradation.
4. Provincial People’s Committees shall identify and publicly inform zones and provide guidance on application of the processes for production of crops on the sloping land, lowland, alkaline soil, saline soil, sandy soil at or near the coast, soil at risk of desertification or degradation.
Article 72. Environmental protection in crop cultivation activities
1. Cultivation organizations and individuals shall be required to meet the following requirements:
a) Comply with laws on environmental protection and other relevant provisions of laws;
b) Follow instructions of specialized agencies for use of agricultural supplies in cultivation that pose the risk of environmental pollution;
c) Collect, dispose of and use crop byproducts in accordance with Article 76 hereof.
2. Organizations and individuals shall have to promptly inform commune-level People's Committees in case of discovering any sign of abnormalities relating to environmental pollution that is likely to cause adverse impacts on crop cultivation activities.
Section 7. RIGHTS AND OBLIGATIONS OF CULTIVATION ORGANIZATIONS AND INDIVIDUALS
Article 73. Rights of cultivation organizations and individuals
1. Organize production at their discretion or enter into production partnerships with other organizations or individuals.
2. Enjoy state policies specified in Article 4 hereof and other policies prescribed in relevant legislation.
3. Have access to support for recovery of production in case of any loss or damage arising from natural disasters or for epidemic reasons in accordance with the Government’s regulations.
4. Have access to information about policies, laws, technical and technological advances, crop produce markets; training courses in crop production activities.
5. Receive permission to apply for the grant of codes of crop farming zones.
6. Receive notifications and warnings relating to climatic, environmental, epidemic conditions and natural disasters.
7. Participate in agricultural insurance programs under the Government’s regulations.
Article 74. Obligations of cultivation organizations and individuals
1. Assume responsibility for the food quality and safety of crops produced at their own expense; pay any compensation prescribed by laws.
2. Use water resources, beneficial organisms and facilities for right purposes and in an efficient and sustainable manner. Use agricultural supplies in cultivation activities which are permitted for circulation according to instructions given by specialized agencies or organizations and individuals producing agricultural supplies.
3. Apply the appropriate production processes to stabilize and improve the soil fertility; restrict soil pollution and degradation or spread of harmful organisms.
4. Act on their own initiative in preventing and handling environmental pollution, preventing and controlling harmful organisms in accordance with laws on environmental protection, plant protection and quarantine. Promptly inform commune-level People’s Committees in case of environmental pollution occurring and pest outbreak.
5. Make changes in the crop structure corresponding to the plan for shift in the crop structure in each local jurisdiction.
6. Fulfill all contractual commitments.
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