Joint Circular No. 09/2003/TTLT-MARD-MoND 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.

I. OBJECTS, SCOPE OF APPLICATION AND PRINCIPLES OF IMPLEMENTATION

1. Recipients

The objects are households relocated, rearranged, and stabilized in areas of economic and social development projects managed by the Ministry of National Defense according to the annual plan of the State, including:

a) Households within project areas;

b) Households from other places moving to settle (within the province and outside the province), including ethnic minority households when the Government requires relocation.

Priority should be given to the relocation and arrangement of households in place (commune, district), and ethnic minority households that are part of the target group for permanent 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 project areas, including:

a) Projects for economic and social development in particularly difficult communes in remote and border areas, 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) Projects for population resettlement and economic development and new economic zones (hereinafter referred to as Soldier Villages). The project investors are military units.

c) Projects for stabilizing and rearranging populations in border communes. The project investors are Border Guard Forces or other units in the Military.

3. Principles of Implementation

a) The organization of population relocation, rearrangement, stabilization, and acceptance 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 the people to stabilize their lives and production early.

c) Sources of funds for implementing projects include:

- State budget capital:

+ Annual investment capital for economic and social development areas managed by the Ministry of National Defense.

+ Capital from related National Target Programs of provinces with projects and poverty reduction program funding (funding for population stabilization projects and new economic zone construction in poor communes, funding for permanent settlement projects in poor communes) of provinces with outgoing residents.

+ Support from local budgets of areas with projects and areas with outgoing residents.

- Contributions from organizations and individuals, both domestic and foreign.

II. SOME SPECIFIC PROVISIONS

1. On Land Management and Use

a) Households subject to relocation, rearrangement, stabilization, and acceptance in project areas shall be allocated land and issued certificates of land use rights for residential and agricultural land sufficient to ensure stable living conditions and productive development. The area of land allocated shall depend on the land fund and specific conditions in the project area but shall not exceed the provisions of the Land Law.

b) It is strictly prohibited to illegally sell or transfer land use rights in project areas.

2. On Investment Support

a) The state budget provides investment support for communities in project areas, including:

- Essential infrastructure investment according to approved projects 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) The state budget directly supports households:

- Households relocated, rearranged, stabilized, and accepted in project areas enjoy relocation support funding according to 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 the application of scientific and technological progress in production.

c) Operating costs for agencies managing population relocation, rearrangement, stabilization, and acceptance in project areas under 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 relocation, rearrangement, stabilization, and acceptance in project areas.

b) Take the lead and coordinate with the Ministry of National Defense to compile the demand for population relocation, rearrangement, stabilization, and acceptance in project areas to be included in the annual relocation plan submitted for government approval.

c) Study and develop relocation support policies for households subject to relocation, rearrangement, stabilization, and acceptance in project areas.

d) Coordinate with the Ministry of National Defense in inspecting and auditing the preparation of reception areas and the implementation of relocation, rearrangement, stabilization, and acceptance policies and plans 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 in implementing 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 relocation, rearrangement, stabilization, and acceptance, 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 relocation, rearrangement, stabilization, and acceptance in project areas together with relevant parties.

b) Lead supervision, inspection, and auditing of the preparation of reception areas and the implementation of relocation, rearrangement, stabilization, and acceptance policies and plans in project areas.

c) Lead the evaluation, interim review, and final assessment of the implementation of population relocation, rearrangement, stabilization, and acceptance work.

Direct project investors to develop plans for population relocation, rearrangement, stabilization, and acceptance in project areas and implement this work according to project objectives and approved schedules, including the following specific contents:

- Survey, grasp land conditions and population, develop planning to prepare the area with essential infrastructure to arrange, organize, stabilize, and receive residents.

- Propagate, mobilize, disseminate policies on fixed habitation, relocation, 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 project areas.

- Implement tripartite contract signing (Project Investor, People's Committee of the sending district, People's Committee of the receiving district) regarding the work of arranging, organizing, stabilizing, and receiving residents in the project area according to the progress plan.

- Coordinate with the province, district, and commune where the people are moving from to organize the selection of households ensuring quantity and quality for arrangement in project areas.

- Coordinate with the locality where the people are moving to:

+ Organize reception of residents; allocate land and forest, 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 extension, forestry promotion, application of scientific and technological advances 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 habitation and new economic zone work under the Department of Agriculture and Rural Development, Ethnic Minority Board of the province, or directly under the provincial People's Committee to assist the People's Committee in directing the implementation of relocation, arrangement, organization, stabilization, and reception of residents in the project area of the locality.

a) Provinces with residents moving out

- Coordinate with the Ministry of National Defense and provinces with residents moving in to develop the province's relocation 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 on fixed habitation, relocation, and new economic zones to help ethnic groups understand clearly and voluntarily settle in the project area.

- Unify with the People's Committee of the province with residents moving in 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 moving out to sign contracts with the People's Committee of the district with residents moving in 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 relocating households according to the plan, ensuring requirements; provide related files and materials according to the relocation procedure for districts and communes with residents moving in to quickly complete household registration procedures, land allocation, forest allocation, and other benefits for resident households.

- Implement the issuance of relocation support funds for resident households according to current regulations.

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

b) Provinces with residents moving in

- Coordinate with the Ministry of National Defense and provinces with residents moving out to develop the province's arrangement, organization, stabilization, and reception plan for 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 moving out 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 moving in to sign contracts with the People's Committee of the district with residents moving out and the Project Investor regarding the arrangement, organization, stabilization, and reception of residents in the project area.

- Take the lead, coordinate with the Project Investor to implement the issuance of relocation support funds for resident households according to current regulations.

- Participate in supervision, inspection, audit, and evaluation of 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 distribution and population organization based on reasonable reception of residents from elsewhere with the arrangement, organization, and fixed habitation for local ethnic groups, especially ethnic minorities.

+ Implement household registration, land allocation, forest allocation, and issuance of certificates of land use rights 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 developing production for households, guide agricultural extension, forestry promotion, and organize production.

4. Implementation Provisions

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.