Circular No. 05/NN-ĐCĐC-KTM guiding the implementation of Directive No. 660/TTg dated October 17, 1995 of the Prime Minister on addressing the issue of spontaneous migration to the Central Highlands and some other provinces.

CIRCULAR

OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Guidelines for implementing Directive No. 660/TTg dated October 17, 1995 of the Government on addressing the issue of spontaneous migration to the Central Highlands and some other provinces

On October 17, 1995, the Government issued Directive No. 660/TTg on addressing the issue of spontaneous migration to the Central Highlands and some other provinces. After thorough discussions and consensus with the Office of the Government, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, the Committee for Ethnic Minorities and Mountainous Areas, and the Ministry of Agriculture and Rural Development, the following guidelines are hereby provided:

I. OBJECTIVES AND TARGETS FOR STABILIZING SPONTANEOUS MIGRANTS:

1. Objectives:

Spontaneous migration refers to ethnic groups moving outside the annual national resettlement plan.

The scope of this Circular applies only to households that migrated spontaneously from one province to the Central Highlands and some other provinces prior to 1995, who live by agricultural and forestry occupations, have not registered their household registration, been allocated production land, and continue to face significant difficulties in their livelihood.

2. Objectives:

By the end of 1998, efforts should be made to resolve the issue of spontaneous migration, specifically:

2.1. Stabilize the living conditions of households that have migrated spontaneously; gradually address the difficulties and issues caused by spontaneous migration such as hunger, illness, lack of education, land disputes, deforestation, and social evils like theft, gambling, drug addiction; to create conditions for ethnic groups to integrate into the community and ensure policies for ethnic unity.

2.2. Limit the flow of spontaneous migration from areas where this phenomenon frequently occurs, aiming to control and adjust migration activities in accordance with the national economic and social development plans, regional territories, and localities.

2.3. In 1996, focus on resolving the difficulties faced by households that have migrated spontaneously in areas with many such migrants.

II. SOME SPECIFIC MEASURES:

Directive No. 660/TTg clearly defines the tasks and responsibilities of provinces with migrants, provinces receiving migrants, and relevant sectors at all levels. The Ministry of Agriculture and Rural Development provides additional specific measures as follows:

1. For provinces with migrants:

1.1. Organize extensive propaganda and mobilization to help the people understand the consequences of spontaneous migration.

Based on the planning and development plans of the locality, organize for the people to develop agricultural, forestry, fishery industries, and various trades and services. Where necessary and feasible, implement projects or provide loans to households to develop family economies and create jobs within the province. This is a fundamental measure to address spontaneous migration.

1.2. Direct districts and communes to investigate households that have migrated spontaneously, proactively coordinate with receiving localities to promptly address existing issues including:

Providing relevant files and materials for the receiving locality to process procedures for registering household registration, allocating land, forests, and other benefits to enable households to stabilize their lives and develop production in the locality.

The locality directly supports households facing significant difficulties through financial or material assistance.

1.3. Aggregate and classify the needs of households wishing to migrate to new areas to guide and arrange resettlement according to:

Resettling into planned settlement projects, Project 327, Project 773, and other economic and social development programs of the locality and central ministries within the province and district.

After internally balancing resettlement within the province and if there remains a need for out-of-province migration, the provinces will aggregate and report to the Government and the Ministry of Agriculture and Rural Development to include it in the annual resettlement plan.

1.4. From now on, People's Committees of provinces and cities must strengthen population management within their jurisdiction and bear responsibility for the spontaneous migration of their residents to other provinces as stipulated in Directive No. 660/TTg.

2. For provinces receiving migrants:

2.1. Create favorable conditions for spontaneous migrants who wish to settle permanently, without discrimination, and do not force them to return to their original homes, viewing them as an important resource for the locality.

2.2. By the end of 1996, provinces must direct relevant departments to review land funds managed by provincial enterprises, especially forestry and farm enterprises. Parts of the land that are currently unused or underutilized should be transferred to local authorities for allocation to households, prioritizing those spontaneous migrants specified in this Directive.

2.3. Direct related departments, districts, and communes to conduct investigations and categorize spontaneous migrants who have arrived in the locality, addressing the situation as follows:

Registering household registration for families according to the guidance of the Ministry of Home Affairs.

Allocating residential and production land to households based on the local land fund and state policy, integrating these spontaneous migrants into villages, hamlets, and communes. In places where there is no more land available, arrange and place these households in projects under Programs 327, 773, planned settlements, forestry and farm enterprises, and other economic and social development programs in the area.

For areas where spontaneous migrants live in concentrated groups of about 100 households and continue to face significant difficulties, and cannot be arranged and settled according to the above directions, the Provincial People's Committee directs relevant provincial departments to develop new projects to stabilize the lives of the people and submit the project to the Ministry of Agriculture and Rural Development (Settlement and New Economic Zone Department) for review and inclusion in the annual plan and budget.

2.4. Local authorities at all levels direct relevant departments to facilitate loans for spontaneous migrants to develop production.

2.5. Provincial People's Committees are responsible before the Prime Minister for resolving and stabilizing the lives of spontaneous migrants who have arrived in their province as stipulated in Directive No. 660/TTg. The arrangement and stabilization of spontaneous migrants must strictly implement the policies outlined in Directive No. 660/TTg of the

3. Regarding policies:

Prime Minister, the Ministry of Agriculture and Rural Development will further specify the following points: The Prime Minister, the Ministry of Agriculture and Rural Development shall specify the following points:

3. 1. For households migrating freely if they are arranged and settled in project areas already existing in the locality, they shall be entitled to a subsistence allowance of 800,000 VND per household according to Circular 15/LĐ-TBXH dated July 1, 1995 of the Ministry of Labor, Invalids, and Social Affairs. The arrangement and settlement of households migrating freely should take into account the wishes of the people and be consistent with the planning of the locality.

3. 2. For households migrating freely that are arranged to intermingle with villages, hamlets, communes, and wards where living conditions are still difficult, they may be eligible for state support in infrastructure and welfare facilities such as classrooms, health stations, drinking water, internal area transportation, and production water according to the local socio-economic development plan. These households shall not be entitled to the resettlement allowance for economic construction but shall enjoy current state policies like other residents in the locality.

3. 3. For places with new projects approved to stabilize free-migrating ethnic groups, the state will invest and support the construction of social infrastructure according to the items specified in the project. These households shall not be entitled to the resettlement allowance; however, they shall benefit from other economic construction policies.

3. 4. From 1996 onwards, families wishing to relocate within the province or outside the province in the form of rural-to-rural migration must register beforehand and obtain approval from the district authorities of both the departure and arrival locations, and be arranged by the population management agency, especially those under social policy categories and poor households, which may be considered for support according to the current state resettlement allowance for economic construction. If migrating freely, they will be dealt with according to national management regulations.

Those who deceive or entice ethnic groups to leave their homeland for personal gain or exploit migration for illegal activities must be strictly punished according to the law.

III. IMPLEMENTATION

1. At the Central Level:

1. 1. The Ministry of Agriculture and Rural Development shall lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, the Committee for Ethnic Minorities and Mountainous Areas, and related ministries and sectors to guide and inspect localities with many free-migrating ethnic groups, implementing Directive 660/TTg.

1. 2. The Ministry of Agriculture and Rural Development shall assign the Bureau of Resettlement and New Economic Zones to assist the Ministry in directing and guiding implementation, reviewing investment projects to stabilize free-migrating populations, and compiling annual plans of the provinces for submission to the Ministry.

2. At the Local Level:

1. Provincial People's Committees shall direct relevant sectors within the province to cooperate in addressing the issue of free migration, arranging and stabilizing the number of free-migrating populations who have arrived at the locality, and reporting the results to

2. Provincial People's Committees shall delegate the Resettlement and New Economic Zone Office (or Board) to serve as the permanent body assisting the Provincial People's Committee in implementing this task locally.

This Circular takes effect from the date of signature.

During the process of organizing and implementing, if there are difficulties, it is recommended that provincial People's Committees report them to the Ministry of Agriculture and Rural Development for study and resolution.