Circular No. 07/2009/TT-BNN guiding the construction and implementation of models for resettling residents in border communes between Vietnam and Laos in the Northern Midland and Mountainous Region until 2015

CIRCULAR

Guidelines for the construction and implementation of models for resettling residents in border communes between Vietnam and Laos

in the Northern Midland and Mountainous Region until 2015

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Point a, Clause 1, Article 2 of Decision No. 49/2008/QĐ-TTg dated April 22, 2008 of the Prime Minister approving the "Plan for Resettling Residents in Border Communes between Vietnam and Laos in the Northern Midland and Mountainous Region until 2015",

After reaching consensus with relevant ministries and agencies, the Ministry of Agriculture and Rural Development provides guidelines on the construction and implementation of models for resettling residents in border communes between Vietnam and Laos as follows:

Chapter I. GENERAL PROVISIONS

1. Scope of Application These guidelines apply to the construction and implementation of pilot models for resettling residents in border communes between Vietnam and Laos according to Decision No. 49/2008/QĐ-TTg dated April 22, 2008 of

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Households voluntarily moving to settle in border communes according to planning and plans.

b) Households currently residing in border communes between Vietnam and Laos but living in particularly difficult areas (shortage of land, water for daily use, infrastructure): high-risk areas for natural disasters (flash floods, landslides, river erosion): weak protective forest zones, very weak protective forest zones, strictly protected areas of special-use forests, and households requiring relocation due to spontaneous migration.

c) Military forces, civil servants, intellectuals: young volunteers, youth volunteers, defense workers, individuals who have legally established families or brought their families (parents, spouse, children) to move and voluntarily settle in border communes.

d) Households classified as poor (as defined in Decision No. 170/2005/QĐ-TTg dated July 8, 2005 of

3. Purpose of Implementing Models for Resettling Residents in Border Communes

a) To form model border residential points with essential infrastructure systems that meet production, living conditions, and people's livelihoods: ensuring political stability and social order.

b) To summarize and evaluate the results of implementing and draw lessons from the resettlement of residents in border communes:

c) To propose mechanisms and policies to effectively implement the resettlement of residents in border communes along the entire Vietnam-Laos border.

4. Requirements for Models for Resettling Residents in Border Communes

a) Households relocating are allocated land for residence and production at the average level in the locality; they are supported to stabilize their lives and develop agricultural, forestry, fishery, trade, craft, and service industries, ensuring that new residences have living conditions not lower than those of old residences and are long-term stable:

b) Ensuring sufficient water for daily use and production for residents in the project area.

c) Residential points must have essential infrastructure facilities serving economic and social development, creating favorable conditions for residents to improve their material and spiritual lives and access public services.

d) Residential points must have a green, clean, beautiful environment and culture, located in safe areas from flash floods and landslides.

c) Ensuring community solidarity, ethnic cultural traditions, and political stability, social order, and security:

g) The model must mobilize various sources of capital from existing programs and projects in the locality combined with central government support funds to invest in infrastructure construction, production development, and cultural and social activities.

Chapter II. SPECIFIC PROVISIONS

1. Construction of investment projects for resettlement models of border communes

a) General requirements - Conduct a comprehensive evaluation of natural, economic, and social conditions, and thoroughly argue the feasibility of various plans for stabilizing residents, developing production, constructing infrastructure, and implementing organizational solutions; - The scale of the resettlement model project should be one commune or one village based on specific conditions of each region; - Determine a reasonable total investment amount that aligns with the ability to mobilize capital and organize implementation; - Mobilize multiple sources of development capital to ensure synchronous economic and social development in the project area.

b) Main contents of the resettlement model project for border communes shall be implemented according to point b, Clause 1, Section II, Circular 21/2007/TT-BNN dated March 27, 2007 of the Ministry of Agriculture and Rural Development guiding the implementation of certain contents of Decision No. 193/2006/QD-TTg dated August 24, 2006 of

c) Procedures for establishing, reviewing, and approving investment projects for resettlement models of border communes: - The Department of Agriculture and Rural Development shall coordinate with relevant departments at all levels of provincial authorities to select points for building resettlement model projects and report to the Provincial People's Committee. - The Provincial People's Committee shall send a letter to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance to seek unified opinions from localities regarding the construction of resettlement model projects: - Based on the opinions of the ministries, the Provincial People's Committee shall direct the establishment of the project and review and approve it upon agreement with the Ministry of Agriculture and Rural Development: - The project investment model resettlement dossier (including the project report and approval decision) shall be submitted to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance for consolidation, monitoring, and allocation of support investment funds according to the annual plan.

2. Establishing investment plans for resettlement models of border communes

a) Contents of investment in resettlement models of border communes The contents of investment in resettlement models of border communes shall be carried out according to policies stipulated in Decision No. 78/2008/QD-TTg dated June 10, 2008 of

b) Establishing investment plans for resettlement models of border communes - Establish investment plans for both the implementation phase of the model and annually with the investment contents specified in point a, Clause 2, Part II of this Circular: - The investment plan content includes: Evaluation of implementation results, proposed plan for the year, and measures to organize the implementation of the plan.

3. Consolidation and allocation of investment plans for resettlement models of border communes.

a) Annually, following the guidance of the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance, the Department of Agriculture and Rural Development shall coordinate with the Department of Planning and Investment, the Department of Finance to establish the investment plan for the resettlement model project within the overall plan for stabilizing residents in border communes, to be reported to the Provincial People's Committee for approval and sent to the Ministry of Agriculture and Rural Development for consolidation.

b) Based on the national plan indicators assigned, the Department of Agriculture and Rural Development shall take the lead in coordinating with the Departments of Planning and Investment, Finance to integrate central budget support funds with existing program and project funds on the territory to detail the investment contents of the resettlement model project, to be reported to the Provincial People's Committee for decision-making and allocation to the project investors for implementation.

4. Sources of funding for resettlement models of border communes The resettlement model project for border communes shall be implemented using multiple sources of funding as stipulated in point e, Clause 4, Article 1 of Decision No. 49/2008/QD-TTg dated April 22, 2008 of

Chapter III. IMPLEMENTATION

1. The Ministry of Agriculture and Rural Development

a) Take the lead in coordinating with relevant ministries and sectors to guide the People's Committees of border provinces between Vietnam and Laos in the Central Highlands and Northern Mountainous Region: - To establish and submit resettlement model projects for border communes between Vietnam and Laos to competent authorities for approval; - To study mechanisms and policies and effectively implement resettlement models for border communes between Vietnam and Laos.

b) Take the lead in coordinating with the Ministry of Planning and Investment, the Ministry of Finance, and the Provincial People's Committee to summarize, evaluate, and draw lessons from the resettlement of residents in border communes to expand implementation on a wider scale.

2. Ministries of Planning and Investment, Finance, and related ministries and sectors shall carry out their tasks.

3. People's Committees of provinces

a) Direct the Department of Agriculture and Rural Development to coordinate with relevant departments at all levels and grassroots authorities to implement: - Selection, construction, establishment, review, and approval of resettlement model projects for border communes according to the guidance of this Circular and current regulations; - Preparation of annual and five-year investment cost estimates for the resettlement model projects to be submitted to the Ministries of Agriculture and Rural Development, Planning and Investment, and Finance for consolidation and reporting.

b) Coordinate with the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance to summarize, evaluate, and draw lessons to promote the resettlement of residents in border communes on a wider scale.

This Circular takes effect 45 days from the date of issuance. During implementation, if there are difficulties, localities shall promptly reflect them to the Ministry of Agriculture and Rural Development for research, adjustment, and supplementation.