Circular No. 03/2014/TT-BNNPTNT guiding the implementation of Decision No. 1776/QD-TTg dated November 21, 2012 of the Prime Minister approving the "Program for resettling residents in areas affected by natural disasters, extremely difficult conditions, border areas, islands, spontaneous migration, special-use forests for the period 2013-2015 and orientation to 2020"

CIRCULAR

Guidelines for implementing Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister approving the "Program for resettling populations in areas affected by natural disasters, extremely difficult conditions, border regions, islands, spontaneous migration, and special-use forests for the period 2013-2015 with orientations to 2020"2012 of the Prime Minister approving the "Program on resettling population in areas affected by natural disasters, extremely difficult regions, border areas, islands, spontaneous migration, and special-use forests for the period of 2013-2015 and orientations towards 2020"population in the regions of:natural disasters, extremely difficult regions, border areas, islands, spontaneous migration, and special-use forests

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister approving the "Program for resettling populations in areas affected by natural disasters, extremely difficult conditions, border regions, islands, spontaneous migration, and special-use forests for the period 2013-2015 with orientations to 2020";

At the proposal of the Director of the Department of Cooperative Economic and Rural Development;

The Minister of Agriculture and Rural Development issues this Circular guiding the implementation of Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister approving the "Program for resettling populations in areas affected by natural disasters, extremely difficult conditions, border regions, islands, spontaneous migration, and special-use forests for the period 2013-2015 with orientations to 2020".

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of planning, investment projects, resettlement plans, and mechanisms and policies stipulated in Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister approving the "Program for resettling populations in areas affected by natural disasters, extremely difficult conditions, border regions, islands, spontaneous migration, and special-use forests for the period 2013-2015 with orientations to 2020" (hereinafter referred to as the Population Resettlement Program).

Article 2. Applicability

This Circular applies to organizations and individuals within the country related to population resettlement work according to the categories specified in Point b Clause 2 Article 1 of Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister.

Article 3. Explanation of terms and criteria for selecting resettlement areas

1. Natural disaster area (as defined in Article 3 of Law on Prevention and Control of Natural Disasters No. 33/2013/QH13): An area where abnormal natural phenomena may cause damage to people, property, environment, living conditions, and economic and social activities including landslides along riverbanks, seashores, floods, flash floods, debris flows, landslides, ground subsidence, flooding, saltwater intrusion, rising sea levels, typhoons, tornadoes, earthquakes, tsunamis, and other types of natural disasters.

2. Extremely difficult living conditions area: An area with a high poverty rate, lacking agricultural land, production water, clean drinking water, infrastructure, environmental pollution, radioactive impact; floating villages on rivers, lakes that lack investment support for economic and social development and improving living standards, requiring relocation to another place.

Criteria for determining extremely difficult living conditions areas:

a) Poverty rate of 55% and near-poverty rate of 25% or higher;

b) Lack of agricultural land:

- In plains: More than 50% of farming households have an average agricultural land area lower than the provincial average (as determined by the provincial land allocation decision);

- In midlands, mountainous, and Central Highlands regions: An average agricultural land area per household lower than 0.5 hectares (for upland fields) or 0.25 hectares (for single-crop paddy fields) or 0.15 hectares (for double-crop paddy fields).

c) Lack of production water: The capacity of irrigation facilities only meets 50% of the irrigable land area required by households in the region or there is no irrigation system;

d) Lack of clean drinking water: More than 30% of households do not have a sanitary water supply system that cannot be remedied or do not have access to clean water meeting the standard set out in Circular No. 05/2009/TT-BYT dated June 17, 2009 of the Ministry of Health, with a daily per capita consumption of 60 liters;

đ) Lack of infrastructure: Lacking or having less than six out of ten essential infrastructure works (Class B roads to the commune center, electricity, schools, health clinics, small-scale irrigation systems, clean drinking water, cultural houses, markets, radio stations, commune offices);

Provincial People's Committees shall consider and decide on the selection of population resettlement in extremely difficult living conditions areas based on the above criteria (at least three out of five criteria), in accordance with the socio-economic development plan and annual state budget support in their respective localities.

e) Environmental pollution (as defined in Clause 6 Article 3 of the Law on Environmental Protection No. 52/2005/QH11): A change in environmental components that does not meet environmental standards, adversely affecting humans and wildlife according to National Technical Regulation on Water Quality (QCVN08:2008/BTNMT issued together with Decision No. 16/2008/QĐ-BTNMT dated December 31, 2008 of the Ministry of Natural Resources and Environment); National Technical Regulation on Underground Water Quality (QCVN09:2008/BTNMT issued together with Decision No. 16/2008/QĐ-BTNMT dated December 31, 2008 of the Ministry of Natural Resources and Environment); National Technical Regulation on Heavy Metal Limits in Soil (QCVN03:2008/BTNMT issued together with Decision No. 04/2008/QĐ-BTNMT dated July 18, 2008 of the Ministry of Natural Resources and Environment); National Technical Regulation on Ambient Air Quality (QCVN05:2009/BTNMT issued together with Circular No. 16/2009/TT-BTNMT dated October 7, 2009 of the Ministry of Natural Resources and Environment);

g) Radioactive impact: An area where radioactive substances lie on surfaces, in solids, liquids, or gases exceeding permissible limits as stipulated in National Technical Regulation QCVN6:2010/BKHCN on Radiation Safety - Classification of Radiation Sources, adversely affecting humans and wildlife (issued together with Circular No. 24/2010/TT-BKHCN dated December 29, 2010 of the Ministry of Science and Technology).

3. Land border area: Includes communes, wards, and towns whose administrative boundaries adjoin the national land border.

4. Border village (village adjacent to the border): A village belonging to a border commune whose administrative boundary adjoins the national land border.

5. Special-use forest zones (as defined in the Law on Forest Protection and Development): Special-use forests are primarily utilized for natural conservation, national forest ecosystem standards, forest biological gene sources; scientific research; protection of historical, cultural, and scenic sites; serving rest and tourism, combining protective functions, contributing to environmental protection, including: National parks; Natural conservation zones comprising nature reserves and species-habitat conservation areas; Scenic protection zones comprising historical, cultural, and scenic forest sites; Scientific and experimental research forests.

6. Concentrated resettlement arrangement: refers to relocating households and individuals to centralized resettlement points to establish new residential communities.

7. Intermingled resettlement arrangement: refers to relocating households and individuals to intermingle with existing residential communities.

8. In-place stable resettlement arrangement: involves implementing stable resettlement for households and individuals at their original place of residence through infrastructure and production support as stipulated by current laws.

Chapter II
PROJECTS OF THE PROGRAM AND IMPLEMENTING OBJECTS

Article 4. Projects of the program

1. The population resettlement program for the period 2013-2015 and orientation until 2020 has four tasks. The Program's tasks are carried out through specific projects as prescribed in Article 2 of Decision No. 1776/QĐ-TTg dated November 21, 2012. To achieve the Program's objectives, first, during the period from now until 2015, it is necessary to prioritize the following projects:

a) Project for stabilizing the population in disaster-prone areas;

b) Project for stabilizing the population in border and island areas;

c) Project for resettling populations in particularly difficult areas;

d) Project for stabilizing the population of spontaneous migrants and special-use forest areas.

2. In cases where there are multiple groups requiring resettlement within a planned resettlement area such as disaster-prone areas, particularly difficult areas, spontaneous migration, border areas, islands, and special-use forest areas, a combined project should be established, named according to one of the four types of projects mentioned above based on the group with the largest number of households.

Article 5. Implementing objects of the projects

1. Households and individuals being resettled stably through concentrated resettlement, intermingling, or in-place stabilization in disaster-prone areas, particularly difficult areas, border areas, islands, spontaneous migration, and special-use forest areas as per approved planning and plans by competent authorities include:

a) Households and individuals losing housing, residential land, and production land due to landslides, flash floods, debris flows, ground subsidence, typhoons, whirlwinds;

b) Households and individuals living in areas at risk of landslides, flash floods, debris flows, ground subsidence, flooding, typhoons, whirlwinds, tsunamis, salinity intrusion, and rising sea levels;

c) Households and individuals residing in particularly difficult areas regarding livelihoods such as lack of production land, water for production and daily use, inadequate infrastructure, floating villages on lakes and rivers, radiation impact, and environmental pollution;

d) Households and individuals voluntarily moving to border areas, defense economic zones, and islands;

đ) Households and individuals who have spontaneously migrated to various locations across the country without following the population resettlement plan and still face difficulties in their livelihoods;

e) Households and individuals currently legally residing in special-use forest areas that need long-term stabilization, linked to forest protection and development.

2. Communities receiving resettled populations

a) Communities receiving concentrated resettlement households;

b) Communities receiving intermingled resettlement households;

c) Communities receiving in-place stabilized resettlement households.

Chapter III
ESTABLISHING OVERALL PLANS FOR POPULATION RESettLEMENT, INVESTMENT PROJECTS FOR STABLE POPULATION RESettLEMENT, INTERMINGLED POPULATION RESettLEMENT SCHEMES, AND PLANS FOR STABLE POPULATION RESettLEMENT

Article 6. Establishing the Overall Plan for Resident Arrangement

1. The establishment of the overall plan for resident arrangement shall be carried out in the following steps:

a) For provinces and centrally governed cities that have not yet established an overall plan for resident arrangement, they must base on the overall plan for socio-economic development, sectoral plans to build an overall plan for stable resident arrangement until 2020 according to the resettlement targets and submit it to the competent authority for approval;

b) For provinces and centrally governed cities that have already built, reviewed, and approved the overall plan for stable resident arrangement, they need to review again the objectives, contents, system of solutions, and re-review and approve them in accordance with the content of the resident arrangement program approved by the Prime Minister under Decision No. 1776/QĐ-TTg dated November 21, 2012;

c) During the implementation of the plan, if there are changes, adjustments and supplements should be made to suit the actual situation of the locality.

2. General requirements of the Overall Plan for Resident Arrangement

a) Consistent with the overall plan for socio-economic development, the new rural area planning, sectoral planning within the province;

b) Determine the reasonable number of households to be arranged stably, suitable with the actual conditions, capital mobilization capacity, and organization of implementation at the local level in each stage;

c) Ensure scientific nature and continuity based on basic survey results, economic and technical norms, relevant criteria and indicators to develop the plan;

d) The plan proposal specifically mentions the location; name of residential points; site for building resettlement areas; scale of households to be arranged stably according to resettlement targets, types of natural disasters (landslides, flash floods, flood tubes, flooding, land subsidence, tornadoes, tsunamis, saline intrusion, rising sea levels, and other types of natural disasters). At the same time, prioritize the order, first being places affected by natural disasters, at risk of natural disasters; border areas with few residents or without residents; places with important positions regarding national defense and security; places with special difficulties prone to spontaneous migration;

đ) Propose solutions to implement the plan such as: land fund resolution, capital mobilization, production development organization, policy mechanisms, and other solutions;

3. Contents of the Overall Plan for Resident Arrangement Need to Be Reflected

a) The necessity of the plan for economic and social development, stable resident arrangement, disaster prevention, environmental protection, consolidation of national defense and security, and new rural area construction;

b) Evaluation of current natural conditions, socio-economic conditions related to stable resident arrangement such as: land, water sources, infrastructure, population, labor force, ethnic composition, residents' life, customs, traditions, and other conditions;

c) Evaluation of the results of stable resident arrangement implementation in the previous period on the territory; analysis of strengths, weaknesses, difficulties and obstacles that need to be resolved to effectively perform this task in the next phase;

d) Determination of the demand for stable resident arrangement on the territory according to resettlement targets (natural disasters, special difficulties, borders, islands, spontaneous migration, special-use forests), including the number of households needing to be arranged stably during the 2013-2015 period and up to 2020;

đ) General viewpoints, general goals, specific goals of the plan;

e) Resident arrangement plan including the following contents:

- Total number of households to be arranged stably, classified by arrangement forms (concentrated, interwoven, stable in place) and resettlement targets (natural disasters, special difficulties, borders, islands, spontaneous migration, special-use forests);

- List of resident arrangement points: point name (village, commune, district); scale of households; arrangement form; resettlement target; arrangement area (within village, within district, within province, outside province);

- List of resident arrangement points prioritized for early implementation;

- Progress of resident arrangement implementation over the years;

g) Infrastructure construction plan for concentrated, interwoven, and stable-in-place resettlement areas (specify volume, construction standards, investment capital for each type of project such as: transportation, irrigation, drinking water, electricity, and public welfare projects);

h) Production development plan for areas covered by the resident arrangement plan such as: land allocation for households; main production direction; organization of production development;

i) Determination of implementation solutions for the plan including: policy mechanism; land fund resolution; human resource training; capital mobilization; implementation organization, and other solutions;

k) Preliminary calculation of total investment cost for implementing the plan;

l) Calculation of economic, social, environmental, and national defense effectiveness of the plan;

m) Strategic environmental impact assessment of the plan;

n) Conclusions and recommendations of the locality;

4. Procedure for Establishing the Overall Plan for Resident Arrangement

a) Develop research framework and budget estimate for plan preparation;

b) Develop and select planning options;

c) Prepare the Planning Report, submit it to the competent authority for review and approval;

d) Announce the Plan after it has been approved by the competent authority to relevant agencies and units;

5. Review and Approval of the Overall Plan for Resident Arrangement

a) Review of the Overall Plan for Resident Arrangement

- The People's Committee of the province or centrally governed city (hereinafter referred to as the provincial-level People's Committee) establishes a Council to review the overall plan for resident arrangement in the province; members include departments and sectors: Planning and Investment, Finance, Agriculture and Rural Development, Natural Resources and Environment, Transport, Labor, Invalids and Social Affairs, and other relevant sectors.

- Review time: within 15 days from the date of receiving complete valid files for review as prescribed;

b) Files for review and approval of the Overall Plan for Resident Arrangement include:

- Request for approval of the planning report from the competent authority: the content of the request summarizes the main contents of the planning report on scope, objects, goals, planning proposals, and organizational implementation solutions;

- Comprehensive planning report on resident arrangement and accompanying appendices;

- Map system: including current distribution map of residential points and resident arrangement planning map at a scale of 1/100,000.

- Documents seeking comments on the content of the planning from authorities at various levels within the scope of the planning;

- Relevant legal documents.

c) Approving the Overall Residential Arrangement Plan

- The provincial People's Committee shall send documents to seek opinions from the Ministry of Agriculture and Rural Development regarding the objectives, contents, and list of residential areas in the Overall Residential Arrangement Plan;

- The Chairman of the provincial People's Committee shall approve the Overall Residential Arrangement Plan for the province and announce it, sending it to the Ministry of Agriculture and Rural Development and relevant agencies.

Article 7. Establishing Investment Projects for Stable Residential Arrangement (applicable to concentrated residential arrangement projects and stable residential arrangement projects in place)

1. General Requirements

a) The project construction site must be within the Overall Residential Arrangement Plan approved by the competent authority. In case of any changes, a report must be submitted to the provincial People's Committee for supplementary decisions to be included in the local overall plan;

b) Fully reflect all aspects concerning the assessment of current natural conditions, economic and social conditions, project activities, production development, infrastructure construction, and implementation solutions according to regulations;

c) Determine the scope, objectives, volume, and reasonable total investment amount to complete the project within no more than three years for Class C projects and five years for Class B projects;

d) Assess the environmental impact of the project.

2. Main contents of investment projects for stable residential arrangement

a) The necessity of the project: based on practical grounds (situations in disaster-prone areas, particularly difficult regions, special-use forests, border areas, islands, issues of spontaneous migration, national defense security...); legal basis (Decisions, Directives);

b) Determine the scope, scale, target groups, and objectives of the project;

c) Analyze and assess the natural, economic, and social conditions of the stable residential arrangement area such as land, water sources, topography, climate, infrastructure, population, and living conditions, factors related to stabilizing people's lives and production;

d) Project activities:

- Scheme for stable residential arrangement: number of households relocated to new resettlement sites or stabilized in place, departure locations (within the commune, district, province, outside the province), allocation of residential and production land for households, progress schedule for residential stabilization over the years;

- Scheme for developing production in the project area: area for reclamation and restoration (if applicable); orientation for production development in the region;

- Scheme for constructing infrastructure: transportation, irrigation, drinking water, and other essential facilities. The planned construction of infrastructure in the resettlement area must be based on the principle of saving investment capital, reasonable scale of works, only investing in new construction or upgrading works directly serving production and residential stability in the project area.

đ) Implementation solutions for the project, especially solutions to ensure residential and production land funds, mobilize investment capital, organize production development, improve infrastructure to build suitable rural new residential points according to planning;

e) Preliminary calculation of total investment, sources of investment capital, and implementation schedule:

- Total investment divided into: construction costs for infrastructure, production development costs, and other costs;

- Sources of investment capital: central budget, local budget, other sources;

- Implementation schedule for investment capital over the years.

g) Assessment of the economic, social, environmental, and national defense security effects of the investment project for stable residential arrangement.

3. Procedures for establishing, reviewing, and approving investment projects for stable residential arrangement

a) The provincial People's Committee assigns the Department of Agriculture and Rural Development to base on the Overall Residential Arrangement Plan, guide, and coordinate with grassroots authorities (districts, communes) to review, select, and propose a list of residential arrangement projects in priority order; simultaneously send documents to seek opinions from the Ministry of Agriculture and Rural Development to decide on the policy to establish residential arrangement investment projects according to the annual plan;

b) The agency assigned by the provincial People's Committee as the investor, based on the policy to establish the project approved by the provincial People's Committee, proceeds to establish the investment project for stable residential arrangement according to the content specified in Clause 2 of this Article and current general regulations;

c) The provincial People's Committee assigns the Department of Planning and Investment to lead and coordinate with the Department of Agriculture and Rural Development and relevant departments in the province to assist the provincial People's Committee in organizing the review of the project within fifteen days from the date of receiving complete valid documents for review;

The project proposal for review includes:

- The investor's submission to the provincial People's Committee requesting project review;

- Detailed project report and accompanying tables and figures;

- Diagrams and drawings showing the location and boundaries of the project area; current maps, planning maps, and basic design drawings of infrastructure works as prescribed;

- Detailed preliminary calculation of the total investment amount for the project.

d) The provincial People's Committee sends documents to seek opinions from the Ministry of Planning and Investment, the Ministry of Finance to review the investment capital and sources of investment capital according to Directive No. 1792/CT-TTg dated October 15, 2011 of the Prime Minister on strengthening management of investment from state budget capital and government bonds;

đ) The provincial People's Committee bases its decision on the opinions of the Ministry of Planning and Investment, the Ministry of Finance, and issues a Decision to approve the project sent to the Ministries of Planning and Investment, Finance, and Agriculture and Rural Development for monitoring, summarizing, and allocating annual central budget support investment plans.

Article 8. Establishing a Plan for Stably Arranging Interwoven Resident Population

1. General Requirements

a) The area for stably arranging interwoven resident population must be within the overall planning for resident population arrangement approved by the competent authority.

b) Fully address all contents as stipulated in Clause 2 of this Article.

c) The scope of the plan for stably arranging interwoven resident population shall cover either a district or province depending on the scale of households to be arranged.

2. Main Contents of the Plan for Stably Arranging Interwoven Resident Population

a) Argumentation regarding necessity.

b) Evaluation of the current natural, economic, and social conditions of the areas expected to receive interwoven residents; analysis of the demographic situation, land fund, and infrastructure in areas capable of receiving interwoven residents.

c) Propose objectives for stably arranging resident population, supplementing and perfecting infrastructure, developing production, and improving people's living standards.

d) The plan for stably arranging interwoven resident population includes the following contents:

- Number of households (household members) to be interwovenly arranged, categorized according to the types of arrangements such as: natural disasters, particularly difficult areas, border regions, islands, free migration, special-use forests;

- Place names and number of villages, hamlets receiving interwoven residents;

- Progress schedule for arranging interwoven residents over the years.

đ) The plan for allocating residential and production land for interwovenly arranged households includes:

- Reclamation and restoration of unused land areas (if any);

- Changing land use purposes;

- Transfer of land use rights between local households and interwovenly arranged households in accordance with the provisions of the law.

e) Plan for constructing or upgrading infrastructure due to additional population;

g) Implementation organization solutions;

h) Preliminary estimate of total investment amount divided by sources of capital and progress schedule.

3. Establishment, Review, and Approval of the Plan for Stably Arranging Interwoven Resident Population

a) Based on the overall planning for stably arranging resident population approved by the competent authority, the Provincial People's Committee assigns the Department of Agriculture and Rural Development to take the lead and coordinate with relevant authorities at all levels to establish the plan for stably arranging interwoven resident population; organize a review within 15 days from the date of receipt of complete valid files requesting review to submit to the Provincial People's Committee for approval.

b) The review file for the plan for arranging interwoven residents includes:

- The report of the competent authority sent to the Provincial People's Committee requesting review of the plan for stably arranging interwoven resident population;

- Detailed report explaining the plan for stably arranging interwoven resident population and accompanying annexes.

c) The approval document for the plan for stably arranging interwoven resident population of the Provincial People's Committee is sent to the Ministries of Planning and Investment, Finance, and Agriculture and Rural Development for consolidation, monitoring, and serving as the basis for annual investment support plans.

Article 9. Developing a Plan for Stably Arranging Resident Population

1. General Requirements

a) The content of the plan must fully and comprehensively reflect the evaluation of the implementation of the previous year's plan, the list of investment projects in the planned year (including ongoing projects and new start projects), indicators for resident population arrangement, infrastructure construction, production development, investment capital and sources of investment capital, and implementation solutions for the plan.

b) Mobilize and integrate various sources of investment capital to implement the annual plan tasks such as: targeted supplementary funds from the central budget, existing program and project funds, local government budgets, and other legally mobilized funds in the region.

c) Ensure focused and prioritized investment. Prioritize investment in ongoing projects; projects in extremely high-risk and high-risk areas for natural disasters; projects in particularly difficult areas prone to free migration and having significant defense and security positions.

2. Procedure for Establishing, Consolidating, and Assigning Plans

a) In accordance with the Ministry of Planning and Investment's guidelines on medium-term investment capital planning, annual planning, and the Ministry of Agriculture and Rural Development's guidelines, the provincial Departments of Agriculture and Rural Development (Rural Development Agencies) guide grassroots authorities to develop resident population stabilization plans for consolidation and unification with the provincial Departments of Planning and Investment and Finance to submit to the Provincial People's Committee for inclusion in the provincial socio-economic development plan; simultaneously send the plan to the Ministries of Agriculture and Rural Development, Planning and Investment, and Finance for consolidation and submission as a separate list to the Prime Minister for approval.

b) Based on the goals, tasks, and budget estimates assigned by the Government, the Provincial People's Committee directs the provincial Departments of Agriculture and Rural Development (Rural Development Agencies) to cooperate with the provincial Departments of Planning and Investment and Finance to integrate various sources of capital in the region to prepare detailed allocation plans for resident population arrangement projects to be submitted to the Provincial People's Committee for decision and assignment to implementing units.

3. Content of the Plan for Stably Arranging Resident Population

a) Evaluation of the results of the first six months' plan implementation and estimated full-year plan implementation for indicators such as: stable resident population arrangement by forms (concentration, interweaving, stability in place), infrastructure construction in resettlement areas such as: transportation (km), irrigation (structures), schools (rooms), health stations (stations), drinking water (structures or wells, tanks) and other essential facilities; production development in resident population stabilization areas; implementation of investment capital (by source of investment capital). Evaluate strengths and main weaknesses.

b) Direction and Tasks for the Planned Year Include the Following Contents

- Forecasting the situation related to setting targets, indicators, and justifying major tasks and indicators for the planned year;

- List of investment projects for resident population stabilization (Applicable according to Appendix I issued together with this Circular);

- Plan for stabilizing resident population (Applicable according to Appendix II issued together with this Circular);

- Plan for constructing infrastructure in resident population stabilization projects (Applicable according to Appendix III issued together with this Circular);

- Capital plan for resident population stabilization (Applicable according to Appendix IV issued together with this Circular);

- Plan for production development in resident population stabilization projects (Applicable according to Appendix V issued together with this Circular).

c) Implementation Solutions for the Plan.

Chapter IV
SUPPORT POLICIES, INVESTMENT CAPITAL SOURCES, AND PROCEDURES FOR IMPLEMENTING RESIDENT POPULATION STABILIZATION

Article 10. Mechanism and policies for implementing the residential resettlement program

1. Households, individuals, and communities specified in Clause 1 and Clause 2, Article 5 of this Circular shall apply the policies stipulated in Clause 2, Article 3 of Decision No. 1776/QD-TTg dated November 21, 2012 of the Government Prime Minister. The Department of Agriculture and Rural Development shall coordinate with relevant sectors in the province to propose and submit to the People's Committee at the provincial level specific regulations on the amount of financial support for housing, relocation of people and assets, land clearance (if applicable), food (during the initial period at the new resettlement location, not exceeding 12 months), and other forms of support suitable to the actual conditions of the locality, thereby facilitating households to stabilize their lives.

2. Financial support under the policy shall be directly provided to relocated households to construct their own housing and cover expenses for ensuring stability in living and production at the new resettlement location. The Department of Agriculture and Rural Development shall coordinate with local authorities to guide and implement measures to monitor that residents use the financial support for its intended purpose and effectively.

3. The People's Committee at the provincial level shall instruct the Department of Agriculture and Rural Development to prepare a budget estimate for relocating households to islands based on current transportation rates and basic construction costs for housing, with each household receiving funding for one solid single-story main house and one auxiliary house with a total maximum area of 60 square meters.².

4. The State budget shall provide support according to point e, Clause 2, Article 3 of Decision No. 1776/QD-TTg dated November 21, 2012 of the Government Prime Minister to carry out professional activities related to the implementation of the residential resettlement program, including:

a) Developing content and organizing training courses, seminars, and workshops on managing and implementing the residential resettlement program for cadres involved in residential resettlement work at all levels;

b) Ensuring funds for directing the implementation of the program at all levels: central, provincial, district, commune, including activities such as propaganda, inspection, seminars, conferences, and other professional activities.

The People's Committee at the provincial level shall instruct the Department of Agriculture and Rural Development to prepare a budget estimate for professional activities related to the implementation of the residential resettlement program to be submitted for approval by the competent authority according to the annual plan for implementation.

Article 11. Sources of Funds and Allocation of Funds

1. The sources of funds for the residential resettlement program during the 2013-2015 period and the orientation until 2020 are invested from various sources as stipulated in Decision No. 1776/QD-TTg dated November 21, 2012, specifically as follows:

a) Central budget supplements with targeted purposes for local budgets and entities implementing the program, including development investment capital (for concentrated residential resettlement projects and in-place stabilization) and economic affairs capital (direct support for households and community residents in mixed areas);

b) Local budget direct investment in the residential resettlement program;

c) Integrated capital from programs and projects within the locality;

d) Other legally raised capital;

đ) Capital raised from the public.

2. Allocation of Funds

The allocation of funds shall comply with the provisions of the State Budget Law and guiding documents of the State Budget Law.

Article 12. Procedures for resettling residents and implementing support policies for stable resettlement

1. Procedures for resettling residents

The procedures for resettling residents shall be implemented according to the Program on Resettling Residents as stipulated in Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister, applied in accordance with Circular No. 14/2010/TT-BNNPTNT dated March 19, 2010 of the Ministry of Agriculture and Rural Development regarding "Procedures for Resettling Residents as stipulated in Decision No. 193/2006/QĐ-TTg dated August 24, 2006 of the Prime Minister."

2. Implementation of support policies

a) Applying support policies for households resettled stably as prescribed in Clause 2, Article 3 of Decision No. 1776/QĐ-TTg of the Prime Minister from November 21, 2012 onwards;

b) In cases where households have moved to the project area before the date mentioned above and are entitled to support policies under Decision No. 78/2008/QĐ-TTg dated June 10, 2008 of the Prime Minister, local authorities shall publicize and explain to the people to avoid complaints and appeals. The People's Committee of the province shall instruct the Department of Agriculture and Rural Development to coordinate with grassroots authorities to review and consider poor households with extremely difficult living conditions to provide additional support policies from the locality to ensure their long-term stable livelihood and production.

Chapter V
IMPLEMENTATION

Article 13. Responsibilities of the People's Committee at the provincial level

1. Establishing new or reviewing and supplementing the overall planning for resettling residents within the provincial territory; preparing, examining, approving investment projects for stable resettlement, and integrated resettlement plans in accordance with Articles 6, 7, and 8 of this Circular.

2. Preparing annual and five-year implementation plans for the Program on Resettling Residents and reporting them to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance for consolidation and submission to the Prime Minister for approval.

3. Integrating funds from other programs and projects within the territory with the Program on Resettling Residents.

4. Conducting inspections, monitoring, and evaluating the implementation of resettlement projects within the territory.

5. Assigning the Department of Agriculture and Rural Development to take the lead in coordinating with relevant sectors to assist the provincial People's Committee in managing, directing, and organizing the implementation of the resettlement planning, ensuring investment effectiveness.

6. Reporting the results of the implementation of the Program on Resettling Residents every six months, annually, and over five years to the Ministry of Agriculture and Rural Development for consolidation and reporting to the Prime Minister.

Article 14. Responsibilities of the Department of Cooperative Economy and Rural Development

The Department of Cooperative Economy and Rural Development shall advise the Minister of Agriculture and Rural Development to implement:

1. Guiding localities to review, adjust, and supplement the overall planning for resettling residents; preparing, examining, and approving investment projects for stable resettlement in accordance with regulations; establishing annual and five-year resettlement plans to consolidate and submit to the Ministry for submission to the Prime Minister for approval.

2. Coordinating with agencies of the Ministry of Planning and Investment and the Ministry of Finance in allocating funds for the resettlement program.

3. Coordinating with agencies of the Ministry of Finance and related ministries and sectors to study and propose adjustments and supplements to policies for implementing stable resettlement.

4. Preparing the budget estimate for directing the implementation of the resettlement program within the central government's expenditure tasks.

5. Inspecting, evaluating, consolidating, and submitting reports to the Ministry to report to the Prime Minister on the results of implementing the resettlement program in localities; proposing solutions to organize management and effective implementation of the resettlement program.

Article 15. Effective Date

1. This Circular takes effect from March 11, 2014. Previous provisions contrary to this Circular are abolished.

2. During the implementation of this Circular, if there are difficulties, provincial People's Committees shall promptly reflect them to the Ministry of Agriculture and Rural Development for adjustment and supplementation./.