Chapter II
MANAGEMENT OF SALT-MAKING LAND PLANNING AND SALT PRODUCTION AND TRADING
Section 1. MANAGEMENT OF SALT-MAKING LAND PLANNING
Article 5. Salt-making land planning
1. Contents of planning
Salt-making land planning must comply with the Land Law and shall be specified in the national land use master plan. The contents of salt-making land planning in salt-making localities must cover:
a/ Salt-making land use master plans and plans, which are part of the national land use master plan and plan and land use master plans and plans of salt-making localities;
b/ Salt-making land planning orientations, which shall be set for every 10-year period with a vision for the subsequent 10 years. Salt production development master plans shall be considered and adjusted once every 5 years, with supplements made for the subsequent 5 years; salt-making land use plans shall be formulated for every 5 years;
c/ Salt-making land quota within the agricultural land category; the salt-making land areas of each provincial-level administrative unit and each socio-economic region in the planning period, clearly identifying land areas to be permanently used for salt making and areas where salt production is manual and ineffective and needs to be replaced with other trades;
d/ Salt-making land planning maps, which shall be made for each provincial-level administrative unit and each socio-economic region;
dd/ Solutions for implementation of land use master plans and plans.
2. Order of formulating master plans
a/ The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Natural Resources and Environment, related ministries and sectors, and People’s Committees of salt-making provinces and centrally run cities in formulating salt-making land use master plans and plans to be specified in the national land use master plan;
b/ The order and procedures for formulating, appraising, approving, adjusting and promulgating salt-making land use master plans and plans must comply with the law on formulation, appraisal, approval, adjustment and promulgation of national land use master plans and plans.
3. The competence to decide on and approve master plans and adjustments to master plans must comply with the land law.
4. Salt-making land use master plans shall be used as a basis for implementation of policies to encourage salt production development prescribed in Chapter III of this Decree.
Article 6. Management of salt-making land master plans and salt-making land areas
1. Salt-making land use master plans and plans shall be promulgated and publicized in accordance with the land law and other relevant laws.
2. The State shall allocate or lease salt-making land under planning to domestic and foreign organizations, households and individuals in accordance with the land law.
3. The implementation of salt-making land master plans and plans shall be inspected and supervised to ensure proper and efficient use of salt-making land; the adjustment of salt-making land master plans and plans and the competence to decide on and approve adjustments to land use master plans and plans must comply with the land law.
4. Conditions for change of the use purpose of salt-making land:
a/ The change of the salt-making land use purpose conforms with approved land use master plans and plans;
b/ The project that changes the salt-making land use purpose is considered and approved by a competent state agency regarding such change.
5. People’s Committees of all levels may consider approving projects that use salt- making land more efficiently for another purpose in accordance with the land law.
6. Based on approved land use master plans and plans and the national master plan on salt-making land, People’s Committees of all levels shall decide not to permit the use of salt-making land for other purposes; and encourage investment to expand land areas for industrial-scale salt production and improve land to change manual salt production into industrial-scale salt production under planning.
Article 7. Responsibilities of users of salt-making land under planning
1. To use salt-making land properly under salt-making land use master plans and plans approved by competent agencies.
2. To organize salt production under planning and apply technical advances to raise salt production efficiency and protect the ecological environment.
3. To neither abandon nor pollute land.
4. Not to use untreated polluted water sources for salt production or processing; not to discharge waste and wastewater in a manner that causes environmental pollution and to take measures to prevent soil and groundwater salinization in surrounding areas.
5. To exercise their rights and perform their obligations during the use of salt-making land in accordance with the land law and other relevant laws.
6. The State shall encourage and support investment in the improvement of land under manual salt production into land for industrial-scale salt production under planning.
Section 2. MANAGEMENT OF SALT PRODUCTION AND TRADING
Article 8. Management of salt production, processing and trading
Responsibilities of salt production, processing and trading establishments:
1. To organize salt production, processing and trading in accordance with the Law on Enterprises and other relevant laws.
2. To make sure their equipment and technical infrastructure facilities serving salt production, processing and trading meet the following requirements:
a/ Causing neither contamination to products nor salinization in surrounding areas, and ensuring water drainage;
b/ Ensuring safety distance from polluted areas announced by competent state agencies in accordance with law and from centralized residential, industrial and medical waste treatment facilities;
c/ Using water that complies with national technical regulations on quality of residential water for washing, preliminarily processing and processing salt;
d/ Having a certificate of satisfaction of food safety conditions for salt production, processing and trading in accordance with law.
3. To carry out standard- or regulation-conformity announcement for food-grade salt, refined salt and industrial salt products according to regulations.
4. To ensure the quality of salt products sold on the market be up to standard- or regulation-conformity announcements registered with competent state agencies; salt products must have packagings and labels in accordance with the law on goods labels and food safety (except for industrial salt).
5. To comply with the law on fortification of food with micronutrients and the Ministry of Health’s regulations and instructions in the addition of iodine, spices, additives or pharmaceutical substances to salt products for direct human consumption or for food processing.
6. To comply with the Law on Advertising and guiding documents in advertising salt products and iodine-fortified salt.
7. To comply with the law on occupational safety and health with regard to their production facilities and employees in the process of salt production, processing and sale.
Article 9. Management of salt import and export
1. Organizations and individuals shall import and export salt in accordance with implementing and guiding regulations of the Commercial Law regarding international goods purchase and sale, goods purchase and sale agency, processing and transit with foreign parties.
2. The quality of imported salt must meet Vietnam standards and national technical regulations.
3. Salt importers shall inspect and assess salt quality, conduct standard- and regulation- conformity announcement and take responsibility before law for salt quality before sale on the market.
4. The State shall encourage the export of salt that meets importing countries’ requirements on salt quality and quantity.
Article 10. Supply-demand balance and regulation of the salt market
1. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade and related local authorities and organizations in, balancing salt supply and demand, forecasting demand and setting orientations for annual and five-year planning of salt production and sale nationwide.
2. Measures for regulating the salt market upon occurrence of fluctuations:
a/ When it is necessary to temporarily reserve edible salt, the Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Industry and Trade and the State Bank of Vietnam in, proposing the Prime Minister to consider and decide on the purchase of salt from salt makers for temporary reserve;
b/ The regulation of salt supply and demand and salt import and export must comply with the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding international goods purchase and sale and goods purchase and sale agency, processing and transit with foreign parties;
c/ The regulation of national reserve salt input, output and preservation must comply with the law on national reserves.
Tìm kiếm
Nghị định 40/2017/NĐ-CP về quản lý sản xuất, kinh doanh muối (Bản Pdf)
Nghị định 40/2017/NĐ-CP về quản lý sản xuất, kinh doanh muối (Bản Word)