The portal of the farm and handicraft business "Tuteyshaya Gaspadarka" has compiled a memo for everyone, who wants to open their own personal subsidiary farm.
A cheat sheet will help you find out, what is a personal subsidiary farm, what are the rights and obligations of the owner of a personal subsidiary farm, where to get a land plot, credit for the development of your personal subsidiary plots and more.
Activities to create a personal subsidiary farm regulated Law of the Republic of Belarus 11 November 2002 g. No. 149-З "On personal subsidiary plots of citizens".
What is a "personal subsidiary farm"?
Personal subsidiary plots of citizens (further - LPH) - the form of economic and labor activity of citizens for the production of agricultural products, based on the use of land, provided for these purposes in accordance with the legislation of the Republic of Belarus on the protection and use of land.
In the private household plots of citizens on the right of private property, there may be economic buildings and structures, cattle, bird, perennial plantings, vehicles, as well as other property.
Citizen registers its own private household in rural (settlement) executive committee, where information is entered in the household book in order, established by the legislation of the Republic of Belarus.
Citizens carry out personal subsidiary plots at their discretion and on their own responsibility.
They can run a personal subsidiary farm as citizens of the Republic of Belarus, and foreign citizens, stateless persons, permanently resident in the Republic of Belarus.
How and where to get a land plot?
Land plots can be provided for private ownership to citizens of the Republic of Belarus for running private household plots in rural settlements, urban-type settlements – registered at the place of residence in these settlements or in other settlements, located on the territory of the respective village council.
At the same time, the change in the designated purpose of land plots, provided for maintaining personal subsidiary plots
not allowed (resolution of the Council of Ministers of the Republic of Belarus from 30.12.2011 № 1780).
Rights of citizens, conducting private household plots:
- to erect utility buildings and structures in accordance with the procedure established by the legislation of the Republic of Belarus, necessary for the maintenance of personal subsidiary plots, on land, provided for these purposes in accordance with the legislation of the Republic of Belarus on the protection and use of land;
- independently manage farming on land plots, provided to them for personal subsidiary plots;
- make any transactions that do not contradict the legislation of the Republic of Belarus, associated with the maintenance of personal subsidiary plots, have other property and non-property rights;
- use the property attracted on a voluntary basis and on a contractual basis, including funds of legal entities and individuals, necessary for the maintenance of personal subsidiary plots;
- other rights, stipulated by the civil legislation of the Republic of Belarus, legislation of the Republic of Belarus on the protection and use of land and other legislation of the Republic of Belarus.
- On a note
Crops, planting of crops and plantings, agricultural products, produced by citizens, conducting personal subsidiary plots, are their property and is used by them at their own discretion, including it can be sold to legal entities and individuals in accordance with agreements concluded with them.
Where can you trade?
Citizens have the right to trade in products, grown on their plots, only:
- in the markets;
- in places, established by local executive and administrative bodies.
It is forbidden to sell products on the street, stadium, in the park, park, public transport or other public places. A fine of up to 3 base values (h. 6 Article. 13.11 Administrative Code).
Required documents for opening a personal subsidiary farm:
For individuals, who sell products, grown on a personal subsidiary farm, and are not individual entrepreneurs, it is not required to receive a declaration of conformity.
To sell their products, owners of private household plots receive a certificate of the presence of a personal subsidiary farm and undergo sanitary examination their products. To obtain a certificate, you must apply with an application to the executive committee at the location of the land plot.
After passing the examination, it is necessary conclude an agreement with the market administration on the provision of a trading place, pay for it and you can sell the product (P. 36, 38 Rules for the creation and functioning of markets).
For traders (when selling food products, agricultural products, wild fruits and berries) you must have a medical document with the results of a fluorographic examination, confirming, that you are healthy (paragraph 35.2. Rules for the creation and functioning of markets).
You should also have a document with you, proof of identity, eg, passport. Without them, you will not be given a place in the market.
When purchasing goods, raw materials, materials from individuals, non-individual entrepreneurs, as a primary accounting document of an individual entrepreneur, organizations apply the act of purchasing goods, raw materials, materials in the prescribed form (part 3 paragraph 7 Instructions on the procedure for keeping records of income and expenses from 30 january 2019 g. № 5).
For more information on the required documents, please contact local executive and regulatory bodies..
Responsibilities of Citizens, conducting private household plots:
- use the land plots provided to them in accordance with the legislation of the Republic of Belarus on the protection and use of land;
- comply with zoohygienic norms and veterinary rules for keeping animals, sanitary requirements, rules and hygiene standards in the implementation of production, processing and marketing of agricultural products, as well as other requirements and rules, associated with the maintenance of personal subsidiary plots, established by the legislation of the Republic of Belarus.
- IMPORTANT!
Citizens, carrying out personal subsidiary plots, currently do not pay any taxes and fees.
On the official website of the Ministry of Agriculture and Food of the Republic of Belarus posted statistical information on the development of personal subsidiary and other households of the population: https://www.mshp.gov.by/farmer/lph/b7ce72381b7c373a.html
If you wish, develop your personal subsidiary farm, OJSC "Belagroprombank" is ready to help you with this. Details on the link: https://www.belapb.by/rus/natural/credits/potrebitelskie-kredity/kredit-na-razvitie-lichnyh-podsobnyh-hozyajstv/