Joint Circular No. 09/2003/TTLT/BNN-BQP guiding the implementation of work on resettlement, arrangement, stabilization, and reception of residents in economic and social development project areas managed by the Ministry of National Defense.

JOINT CIRCULAR

Guidelines for Implementing Population Resettlement, Arrangement, Stabilization, and Reception Work in Economic-Social Development Project Areas Managed by the Ministry of National Defense

To implement uniformly and effectively population resettlement, arrangement, stabilization, and reception work in economic-social development project areas managed by the Ministry of National Defense; after receiving comments from relevant ministries, the Ministry of Agriculture and Rural Development and the Ministry of National Defense hereby provide guidance as follows:

I. Objectives, Scope of Application, and Implementation Principles.

1. Recipients

The subjects are households that are resettled, arranged, and stabilized in economic-social development project areas managed by the Ministry of National Defense according to the annual national plan, including:

a/ Households within the project area.

b/ Households relocating from other places to settle (within the province and outside the province), including ethnic minority households relocated when requested by the Government.

Priority should be given to on-site resettlement arrangements (at commune and district levels) for households of ethnic minorities who are targeted for stable settlement.

The implementation of administrative sanctions according to the Decree shall apply in areas such as security, public order and safety; customs; taxation; trade; environmental protection; protection of aquatic resources; mineral resource protection; quarantine of animals and plants, health care, and other related fields within the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam (excluding seaports).

This Circular applies to the following project areas:

a/ Economic-social development projects in particularly difficult communes in remote and border regions, linked with national defense and security consolidation on strategic sites (hereinafter referred to as Economic-Defense Zones). The project investors are Military Regions or Economic-Defense Corps.

b/ Relocation and economic-social development projects and new economic zones (hereinafter referred to as military village projects). The project investors are military units.

c/ Projects for stabilizing and arranging residents in border communes. The project investors are Border Guard Forces or other military units.

3. Implementation Principles

a/ The organization of population resettlement, arrangement, stabilization, and reception in project areas shall be carried out based on the voluntary consent of households, in accordance with the project objectives and approved plans regarding both quantity and quality.

b/ Projects must ensure essential infrastructure conditions, residential land, agricultural land, and the utilization of undeveloped land to accommodate people according to the plan and requirements of the State, creating favorable conditions for people to quickly stabilize their lives and production.

c/ Sources of funds for implementing projects include:

State budget capital:

Annual investment for economic-social development project areas managed by the Ministry of National Defense.

Capital from related National Target Programs of provinces with projects and poverty reduction program costs (project costs for stabilizing residents and building new economic zones in poor communes, project costs for stable settlement in poor communes) of provinces with displaced residents.

Support from local budgets of project locations and locations with displaced residents.

Contributions from organizations and individuals, both domestic and foreign.

II. Specific Provisions.

1. Land Management and Use

a/ Households subject to resettlement, arrangement, stabilization, and reception in project areas shall be allocated land and issued certificates of land use rights for residential and agricultural purposes sufficient to ensure a stable life and productive development. The extent of land allocation shall depend on the land fund and specific conditions in the project area but shall not exceed the provisions of the Land Law.

b/ Unauthorized sale or transfer of land use rights in project areas is strictly prohibited.

2. Investment Support

a/ The state budget supports investment for the project community, including:

Essential infrastructure investment according to the approved project to serve production and living needs of the people, combining economic development with national defense and security.

Training and capacity building for grassroots cadres in organizing production and management.

b/ Direct state budget support for households:

Households resettled, arranged, stabilized, and received in project areas shall enjoy relocation support costs as stipulated by current state regulations.

Production and living support for households during the initial period of settling in project areas.

Support for agricultural extension, forestry promotion, and application of scientific and technological advancements in production.

c/ Operating costs for agencies managing population resettlement, arrangement, stabilization, and reception work in project areas of the Ministry of National Defense shall be allocated by the Ministry of Agriculture and Rural Development in coordination with the Ministry of National Defense within the total capital assigned annually by the Prime Minister to the Ministry of National Defense.

III. Implementation Organization.

To take the lead and coordinate with the Ministry of Finance and relevant ministries and sectors to urge, inspect, supervise, and resolve issues arising during the implementation of this Decree.

a/ Serve as the lead agency coordinating work with the Ministry of National Defense, relevant ministries, sectors, and localities with outgoing and incoming residents to implement population resettlement, arrangement, stabilization, and reception work in project areas.

b/ Take the lead and coordinate with the Ministry of National Defense to compile the need for population resettlement, arrangement, stabilization, and reception in project areas to be included in the annual relocation plan submitted for government approval.

c/ Study and develop relocation support policies for households resettled, arranged, stabilized, and received in project areas.

d/ Coordinate with the Ministry of National Defense in inspecting and auditing the preparation of reception areas and the implementation of policies and plans for population resettlement, arrangement, stabilization, and reception in project areas.

The Ministry of Agriculture and Rural Development assigns the Resettlement and New Economic Zone Bureau to assist the Ministry in coordinating with the Ministry of National Defense, relevant ministries, sectors, and localities to carry out these tasks.

Directing and guiding functional agencies to coordinate with the Environmental Crime Prevention Police Force

a/ Coordinate with localities with outgoing residents and localities with incoming residents to develop plans for population resettlement, arrangement, stabilization, and reception, report to the Ministry of Agriculture and Rural Development for compilation into the annual relocation plan. After the plan is approved, the Ministry of National Defense will implement the population resettlement, arrangement, stabilization, and reception work in project areas together with relevant parties.

b/ Lead supervision, inspection, and auditing of the preparation of reception areas and the implementation of policies and plans for population resettlement, arrangement, stabilization, and reception in project areas.

c/ Lead the evaluation, interim review, and final assessment of the implementation of population resettlement, arrangement, stabilization, and reception work.

d/ Direct the project investors to develop plans for arranging, organizing, stabilizing, and receiving residents in the project area according to the project objectives and the approved schedule, including the following specific contents:

 Surveying land and population conditions, developing planning to prepare the area with essential infrastructure to arrange, organize, stabilize, and receive residents.

Propaganda, mobilization, dissemination of policies on fixed settlement, migration, and new economic zones to help ethnic groups understand clearly and voluntarily implement the policy, regulations, and laws of the locality and the State, contributing to maintaining political security and social order in the project areas.

Implement tripartite contracts (project investor, People's Committee of the district where the residents come from, People's Committee of the district where the residents go to) regarding the work of arranging, organizing, stabilizing, and receiving residents in the project area according to the schedule.

Coordinate with the province, district, and commune where the residents come from to organize the selection of households ensuring quantity and quality to be arranged in the project areas.

Coordinate with the locality where the residents go to:

Organize the reception of residents; allocate land and forests, assist households to overcome initial difficulties to quickly stabilize production and living conditions.

Register household registration and issue certificates of land use rights for households.

Guide agricultural and forestry extension activities, apply scientific and technological progress in production, create conditions for ethnic groups to integrate into the community, promote and preserve their ethnic identity, enthusiastically build new rural areas.

The Ministry of National Defense assigns the Economic Department to coordinate with the Ministry of Agriculture and Rural Development, relevant Ministries and Sectors, and localities to implement this task.

3. Provincial People's Committees directly under the Central Government

The Provincial People's Committee directly under the Central Government assigns the specialized agency responsible for fixed settlement and new economic zone work under the Department of Agriculture and Rural Development, the Ethnic Minority Board of the province, or directly under the Provincial People's Committee to assist the Committee in directing the implementation of resident relocation, arrangement, organization, stabilization, and reception work in the project areas of the locality.

a/ Provinces with residents leaving

Coordinate with the Ministry of National Defense and provinces with residents arriving to develop the provincial migration plan, report to the Ministry of Agriculture and Rural Development for consolidation into the annual plan of the Ministry.

Coordinate with mass organizations to propagate, mobilize, and disseminate the State's policies and systems on fixed settlement, migration, and new economic zones to help ethnic groups understand clearly and voluntarily settle in the project areas.

Unify with the People's Committee of the province with residents arriving and the project investor on the plan, measures, and organize the transfer of residents to the project area. Direct the People's Committee of the district with residents leaving to sign contracts with the People's Committee of the district where the residents arrive and the project investor regarding the arrangement, organization, stabilization, and reception of residents in the project area.

Be responsible for selecting households entering the project area that have been unified with the Ministry of National Defense regarding quantity, quality, and labor structure. Direct the People's Committees of districts and communes to implement the selection of migrating households according to the plan, ensuring requirements; provide related files and materials according to the migration procedures for districts and communes where the residents arrive to quickly complete household registration, land allocation, forest allocation, and other benefits for households.

Implement the distribution of financial support for initial migration expenses for households according to current regulations. 

Coordinate with the Ministry of Agriculture and Rural Development, the Ministry of National Defense, and the locality with residents arriving to inspect and evaluate the results of implementation.

b/ Provinces with residents arriving

Coordinate with the Ministry of National Defense and provinces with residents leaving to develop the provincial plan for arranging, organizing, stabilizing, and receiving residents, report to the Ministry of Agriculture and Rural Development for consolidation into the annual plan of the Ministry.

Unify with the People's Committee of the province with residents leaving and the project investor on the plan, measures for receiving residents in the project area. Direct the People's Committee of the district with residents arriving to sign contracts with the People's Committee of the district where the residents leave and the project investor regarding the arrangement, organization, stabilization, and reception of residents in the project area.

Take the lead and coordinate with the project investor to implement the distribution of financial support for initial arrival expenses for households according to current regulations. 

Participate in supervision, inspection, audit, and evaluation of project implementation results.

Direct the People's Committees of districts and communes to closely coordinate with the project investor:

Organize the reception of residents settling in the project area, arrange, organize, stabilize residents, link land development and other resource exploitation with labor and population distribution based on reasonable reception of residents from elsewhere with the arrangement, organization, and fixed settlement for local ethnic groups, especially ethnic minorities.

Implement household registration, land allocation, forest allocation, and issuance of land use right certificates for households arranged, organized, and received in the project area; while ensuring other benefits like local households to help ethnic groups quickly stabilize their lives and production.

Direct local functional agencies to resolve loans for production development for households, guide agricultural and forestry extension, and organize production.

4. Implementation Clause

This Circular takes effect 15 days from the date of signature. During implementation, if there are obstacles, the two Ministries will unify solutions with the provinces; if lacking authority, they shall submit to the Prime Minister for decision.