Chương II Nghị định 35/2015/NĐ-CP về quản lý sử dụng đất trồng lúa: Quản lý và sử dụng đất trồng lúa

Chapter II

MANAGEMENT AND USE OF PADDY LAND

Article 4. Conversion of plant mechanism on paddy land

1. Conditions for converting rice cultivation into annual plant cultivation or rice cultivation in combination with aquaculture:

a) Retain conditions for re-cultivation of rice, stop such activities as distortion of land surface, causing pollution and degradation to paddy land, causing damage to traffic construction and irrigation works serving rice cultivation;

b) Must conform with the plan for converting plant mechanism from rice cultivation to annual plant cultivation or rice cultivation in combination with aquaculture on the paddy land of commune level (hereinafter referred to as conversion of plant mechanism on paddy land);

c) In case rice cultivation is combined with aquaculture, a maximum of 20% of the rice cultivation area is set aside for aquaculture but can be restored to its normal condition for rice cultivation.

2. Land users should register for conversion of plant mechanism on paddy land with People’s committees of communes. People’s committees of communes must consider conformity with the conditions as prescribed in Clause 1 of this Article upon receipt of the registration form and monitor use of paddy land.

3. Paddy land subject to conversion of plant mechanism that meet the provisions set out in Clauses 1, 2 of this Article is still considered as paddy land unless area of paddy land is totally converted into annual plant cultivation or aquaculture.

4. The Ministry of Agriculture and Rural Development shall provide specific guidance on this Article.

Article 5. Conversion of wet rice land into non-agricultural land

1. Persons who have land allocated or rented out by the state to use for non-agricultural purpose from wet rice land must exercise regulations of the Law on Land and pay an amount of money for protection and development of paddy land.

2. Depending on specific condition in the locality, People’s committees of provinces shall decide a specific amount that is not less than 50 per cent of the amount determined by multiplying the area of wet rice land subject to conversion into non-agricultural land by the price of paddy land according to the price list at the date of conversion.

3. Persons who have land allocated or rented out by the state must make the declaration of the amount to be paid in proportion to the area of paddy rice land allocated, rented out by the state and transfer it to provincial state budget as regulated.

Article 6. Responsibilities of paddy rice users

1. Use land in accordance with use purpose as prescribed in paddy land using planning approved by competent agencies;

2. Make effective use of paddy land without causing pollution, degradation to it and abandoning it as wasteland. In case some violation is committed, penalty shall be imposed in accordance with the Law on Land.

3. Meet requirements for cultivation technique, implement rotational crops to improve production efficiency; renovate and enrich paddy land, protect eco-system environment;

4. Paddy land users must exercise their rights and obligations during land use term according to the law on land and other applicable regulations.

5. When conversion of plant mechanism on paddy land is done:

a) Register with People’s committees of communes as prescribed in Clause 2, Article 4 of this Decree;

b) Do not leave damage inflicted on irrigation, interior field traffic system causing negative effects on rice production in neighboring areas;

c) In case irrigation, interior field traffic system is damaged, take appropriate measures and make compensations if the damage does cause adverse effects on rice production in neighboring areas;

d) In case land is salinized during saltwater aquacultural cultivation, take appropriate measures to restore it to the conditions suitable for growing rice right after aquacultural cultivation.

6. When conversion of paddy land use purpose is done:

a) Comply with the regulations of the Law on Land in conversion of use purpose and provisions set out in Article 5 of this Decree;

b) Take measures to prevent and combat pollution and degradation caused to soil, water without any adverse effect on rice production in neighboring areas; Take timely measures and make compensations in case adverse effects are caused;