Chương I Nghị định 83/2018/NĐ-CP: Những quy định chung

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;

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