Joint Circular No. 09/2004/TTLT-BNN-BTC guides the implementation of support policies for displaced persons according to Decision No. 190/2003/QĐ-TTg, applicable to rural and island resettlement projects. The level of support includes relocation expenses, housing, food, production tools, crop seeds, fertilizers, ranging from 2 to 100 million VND per household depending on the area.
Đối tượng áp dụng
Households relocating to concentrated or intermixed areas within planned resettlement zones; officers, soldiers of border forces, and civil servants performing duties in resettlement project areas.
Các điểm cốt lõi
- Relocated households receive relocation expenses (2 to 7 million VND per household), housing, food, production tools, crop seeds, fertilizers (10 to 90 million VND per household).
- Households relocating to new economic zones or permanent settlement areas receive land clearance support (2 to 5 million VND per hectare), housing, and drinking water.
- Community support for villages receiving relocated residents, including essential infrastructure such as classrooms, health stations, irrigation systems, and community roads.
- The state budget ensures funding for the support of relocation to border areas and islands; relocation due to extremely difficult production conditions that cannot be resolved; and relocation to establish new economic zones in areas with large expanses of uncultivated land.
- Localities may provide additional support to alleviate difficulties and quickly stabilize production and living conditions for relocated households.
🌐 Tác động xã hội từ văn bản này
- Creating favorable conditions for people to relocate to new economic zones, contributing to the development of agriculture, forestry, aquaculture, and salt production.
- Improving the lives of people in areas affected by natural disasters, land scarcity, and lack of drinking water.
- Enhancing national security and defense by arranging populations in island and border regions.
- Aligning with sustainable economic and social development policies and environmental protection.
- Reducing pressure on land and water resources in urban areas.
❓ Câu hỏi thường gặp
How much financial support do relocated households receive?
Support ranges from 2 to 100 million VND per household depending on the area and target group. For example, households relocating to islands may receive support ranging from 50 to 100 million VND per household.
What is the amount of support for land clearance?
This support ranges from 2 to 5 million VND per hectare depending on the type of land and project. For example, clearing for fixed orchards is 2 million VND per hectare.
What support do households relocating to new economic zones receive?
Voluntarily relocated households to develop agricultural, forestry, aquaculture, salt production, and other industries may be allocated residential and production land by the project management board for land clearance.
How does the state budget support relocation to border areas?
Central government funds ensure support for relocation to border areas, with support levels ranging from 15 to 20 million VND per household depending on the area.
Can localities provide additional support to relocated households?
Yes, localities may provide additional support to alleviate difficulties and quickly stabilize production and living conditions for relocated households, but the level of support depends on the locality's budget capacity.
Toàn văn
JOINT CIRCULAR
Guidelines for implementing the support regime for migrants pursuant to Decision No. 190/2003/QD-TTg dated September 16, 2003, of the Government on migration policies for planning and resettling populations from 2003 to 2010.
__________
Pursuant to Decision No. 190/2003/QD-TTg dated September 16, 2003, of the Government on migration policies for planning and resettling populations from 2003 to 2010; the Ministry of Agriculture and Rural Development and the Ministry of Finance hereby issue guidelines for implementing the migration policy as follows:
A. GENERAL PROVISIONS
I. SCOPE OF APPLICATION
This Circular provides guidance on implementing the support regime for migrants moving to projects and areas implementing planning and resettlement schemes (hereinafter referred to as project areas) in rural areas according to the State's plan, including:
1. Projects for planning and stabilizing population in border communes;
2. Migration projects to islands;
3. Projects for planning and rearranging population in places necessary under Program 135 as per Decision No. 138/2000/QD-TTg dated November 29, 2000, of the Government;
4. Projects for implementing planning and resettling population managed by the Ministry of National Defense (economic-defense zones, military villages, etc.);
5. Projects for fixed farming and settlement, projects for stabilizing migrant population and building new economic zones;
6. Communes with conditions to accept population coming to intermingle (as stipulated in point b, Clause 3, Article 2 of Decision No. 190/2003/QD-TTg dated September 16, 2003, of the Prime Minister), according to the targets assigned by the People's Committee of provinces and centrally-run cities.
II. OBJECTS OF IMPLEMENTATION.
The objects of this Circular are concentrated or intermingled households migrating to settle in project areas for planning and resettling population as specified in Section I, Part A of this Circular, according to the annual plan of the State, including:
1. Households that must migrate due to extremely difficult production and living conditions:
a) Households of ethnic minorities still practicing shifting cultivation or have settled but continue to practice it; households living in poverty and practicing shifting cultivation on lakes, rivers, who need to move to planned and resettled areas to implement fixed farming and settlement;
b) Households losing residential land and production land due to natural disasters, households living in areas frequently threatened by natural disasters and need to be relocated;
c) Households living in mountainous areas lacking production land and water for production and daily life, unable to overcome these difficulties, and need to move to project areas;
d) Households migrating to project areas implementing planning and resettling population managed by the Ministry of National Defense;
e) Households registered as permanent residents, currently living in special-use forests and need to move out of the forest to project areas (households relocating under resettlement projects will not enjoy the support provided by this Circular).
2. Households migrating to border communes and islands: These are families voluntarily settling permanently in project areas on islands and border communes, including:
- Families previously living on islands or border communes who have moved elsewhere and now return to their original place of residence;
- Families moving from other parts of the country;
- Military personnel, civil servants, employees, volunteers, young intellectuals, and defense workers currently serving in project areas bringing their families (parents, spouse, children) to settle permanently or establish new families and voluntarily settle permanently in islands or border communes.
3. Military personnel, civil servants, employees, volunteers, young intellectuals, and defense workers currently serving in project areas bringing their families (parents, spouse, children) to settle permanently or establish new families and voluntarily settle permanently in project areas.
4. Households voluntarily migrating to new economic zones to develop agricultural and forestry production, aquaculture, salt production, and other industries.
5. Households freely residing in natural forests, special-use forests, and protective forests that need to be relocated out of these areas.
III. PRINCIPLES OF SUPPORT
1. Support is only provided to households migrating to new settlement areas through concentrated or intermingled forms according to plans approved by the Prime Minister, relevant ministries and agencies, or the Chairman of the People's Committee of provinces and centrally-run cities. 2. Funding for migration support is directly provided in cash or in kind to households ensuring the correct target, purpose, and timely provision. The form of support in cash or in kind is determined by the Chairman of the People's Committee of provinces and centrally-run cities.
- At the departure location: provide support for relocation expenses, medical supplies, and food during travel (collectively referred to as relocation expenses).
- At the destination: provide support for housing, drinking water, food (up to 12 months), production tools, seeds for staple crops, and fertilizers for the first crop (if applicable).
3. Funding for support to communes receiving intermingled households is directly provided to commune budgets.
B. SPECIFIC PROVISIONS
I. LEVELS OF MIGRATION SUPPORT
1. Support for clearing land and establishing permanent fields or gardens.
This support applies only to projects allocating uncultivated land to households for clearing and establishing permanent fields or gardens. The amount of land allocated is based on current laws on land. The funding for supporting households is as follows:
- Clearing and establishing permanent gardens, planting industrial crops, and fruit trees: VND 2 million per hectare.
- Clearing and establishing paddy fields, salt fields, and aquaculture land: VND 4 million per hectare.
- Clearing and establishing terraced fields: VND 5 million per hectare. In cases where projects are approved to clear land collectively organized by state agencies using project funds, no clearing support will be provided to households.
2. Support for relocation, stabilizing production, and improving living conditions.
a) Households migrating to border communes are supported by the state budget at VND 15 million per household, specifically as follows:
- Out-of-province migrants:
+ Support at the departure location: relocation expenses VND 2 million per household.
+ Support at the destination: VND 13 million per household for the following purposes: constructing housing and providing drinking water (at least VND 10 million per household), purchasing initial food supplies (from the time of arrival at the new settlement), production tools, seeds for staple crops, and fertilizers for the first crop.
+ Support at destination location: 13 million VND per household for the following purposes: building housing and drinking water facilities (at least 10 million VND per household), purchasing initial food supplies (starting from the time of arrival at the new settlement location), production tools, staple crop seeds, and fertilizers for the first crop.
- Internal relocation within the province or project area: The state budget supports each household with 15 million VND for the following purposes: construction of housing and drinking water (at least 10 million VND per household), relocation expenses, initial food supply upon arrival at the new settlement location, production tools, staple crop seeds, and fertilizers for the first crop.
b) Households relocating to islands are supported by the state budget with between 50 million VND and 100 million VND per household, specifically as follows:
- Support at the place of departure: Relocation expenses:
+ For islands less than 50 nautical miles from the mainland: 5 million VND per household.
+ For islands 50 nautical miles or more from the mainland: 7 million VND per household.
+ For islands with harsh natural conditions and difficult transportation such as Bai Tu Long Island and others: 10 million VND per household.
- Support at the destination for: initial food supply on the island, construction of one dwelling unit (minimum area of 36 square meters including ancillary structures) and drinking water (one water storage tank of minimum 3 cubic meters or a well) as follows:
+ For islands less than 50 nautical miles from the mainland: 45 million VND per household.
+ For islands 50 nautical miles or more from the mainland: 65 million VND per household.
+ For islands with harsh natural conditions and difficult transportation such as Bai Tu Long Island and others: 90 million VND per household.
The Chairman of the Provincial People's Committee or the Municipal People's Committee directly under the Central Government with islands shall specify the specific levels of food supply and house construction for residents settling on the islands to ensure convenient living, suitability to the environment, and protection against wind and storms.
Management of investment and construction of housing shall be carried out in accordance with Circular Joint No. 666/2001/TTLT-BKH-UBDTMN-BTC-BXD dated August 23, 2001, issued by the Ministry of Planning and Investment, the State Committee for Ethnic Minorities and Mountainous Areas, the Ministry of Finance, and the Ministry of Construction guiding management of investment and construction of infrastructure projects under Program 135.
c) Households relocating as specified in Clause 1 and Clause 3, Section II, Part A of this Circular are supported by the state budget as follows:
- From Northern to Southern regions (or vice versa): 8 million VND per household, including:
+ Support at the place of departure: relocation expenses of 1.5 million VND per household.
+ Support at the destination: 6.5 million VND per household for initial food supply upon arrival at the new settlement location, production tools, staple crop seeds, fertilizers for the first crop, housing, and drinking water.
- Internal relocation within a region (Northern or Southern): 6 million VND per household, including:
+ Support at the place of departure: relocation expenses of 1 million VND per household.
+ Support at the destination: 5 million VND per household for initial food supply upon arrival at the new settlement location, production tools, staple crop seeds, fertilizers for the first crop, housing, and drinking water.
- Internal relocation within a province: 4.5 million VND per household for relocation expenses, initial food supply upon arrival at the new settlement location, production tools, staple crop seeds, fertilizers for the first crop, housing, and drinking water.
- Relocation within a project area: 2 million VND per household for support to households that move to a new settlement location according to the project area planning,开荒并扩大农林生产面积。保留原文格式，只翻译内容部分。
Households that relocate within a project area but do not follow the residential planning approved by the competent authority and do not engage in land reclamation or expansion of agricultural and forestry production areas will not be supported.
d) Other forms of support.
- Households relocating to low-lying areas in the Mekong Delta provinces are additionally supported with 700,000 VND per household to purchase one boat for transportation provided by the destination area.
- Households relocating from plains, midlands, and mountainous regions to highland areas are additionally supported with relocation expenses of 500,000 VND per household provided by the departure area (as specified by the State Committee for Ethnic Minorities).
3. Households voluntarily residing in natural forests, special-use forests, and protective forests need to be relocated to planned residential areas or returned to their original places of residence:
- Households voluntarily complying with relocation to planned residential areas as arranged by local authorities at the destination shall not enjoy the relocation support policy stipulated in this Circular but may be considered for allocation of residential and production land according to the levels and conditions set by the Chairman of the People's Committee of the destination province.
In cases where the households are ethnic minorities and have extremely difficult living conditions, additional funding for relocation, initial food supply, fertilizers for the first crop, and water supply solutions may be considered, with the specific level of support determined by the Chairman of the People's Committee of the destination province but not exceeding 3 million VND per household. Additionally, they may be considered for deferred payment housing purchases in accordance with Decision No. 154/2002/QD-TTg dated November 11, 2002, of the Prime Minister regarding policies for local ethnic minority households and households in the Central Highlands provinces to purchase houses on deferred payment terms. - For households that do not comply with the resettlement arrangements made by local authorities, the People's Committee of the area receiving the population shall forcibly remove them from natural forests, special-use forests, and protective forests, notify the local authorities of the departure area to organize the return of the population to their original places of residence (registered permanent residence locations), and create conditions for people to quickly stabilize their lives and production.
4. Households voluntarily moving to new economic zones to develop agriculture, forestry, aquaculture, salt production, and other industries:
a) Households voluntarily moving to new economic zones to develop agriculture, forestry, aquaculture, salt production, and other industries, whose relocation has been approved by the People's Committee of the departure and destination counties, must bear their own relocation costs, housing construction, and production investments and will be allocated residential and production land by the land clearance project management board and authorized bodies in accordance with the law.
b) In cases where the households are poor (as defined by the Ministry of Labor, Invalids, and Social Affairs), the land clearance project management board or the households themselves will clear the land to allocate residential and production land, and the authorized body will allocate land without collecting land use fees.
b) In the case of poor households (as defined by the Ministry of Labor, Invalids, and Social Affairs) shall be provided with land for residence and production by the project management board either through reclamation or assigned to the household for self-reclamation, and shall be granted land without payment of land use fees by the competent authority.
5. Community support in the project area.
Villages that accept households (ten or more households per year) belonging to the target group specified in Point 1, Section II, Part A of this Circular, to settle in mixed settlement according to the quota assigned by the People's Committee of the province or centrally governed city shall be supported by the state budget with a sum of VND 20 million per household for the following purposes:
+ Adjusting residential land and production land to allocate to new households including: clearing land, compensating according to regulations when reclaiming land from organizations and individuals currently using it to allocate to migrant households.
+ Building or upgrading essential infrastructure projects such as: classrooms, health stations, irrigation systems within fields, rural roads, public water supply facilities. The selection of construction or upgrade of projects must involve democratic discussion and consensus with the people in the village.
For villages accepting less than ten households per year to settle in mixed settlement according to the plan assigned by the competent authority, depending on the local budget capacity, the Chairman of the People's Committee of the province or centrally governed city shall stipulate the level of support for the receiving village's budget to address the above tasks.
6. In addition to the support levels prescribed above, depending on conditions and budget capacity and other resources permitted to be mobilized under the law, localities may provide additional support to alleviate difficulties and stabilize production and living conditions for migrant households sooner.
II. SOURCES OF FUNDS FOR IMPLEMENTING MIGRATION
The funds for implementing migration support as prescribed in this Circular shall be guaranteed by the state budget.
1. The central budget shall ensure funds to implement support for migration to border areas and islands; migration due to extremely difficult production conditions that cannot be overcome; migration to establish new economic zones in areas with large expanses of uncultivated land, capable of accommodating many residents outside the region through targeted supplementary measures included in the annual local budget expenditure plan.
2. The local budget shall ensure investment funds for implementing internal migration projects and supporting internal migrant households to rearrange population, exploit uncultivated land for agricultural, forestry, and fisheries development, develop industries, and provide additional support to migrant households based on the local budget capacity.
3. Management costs for implementing migration are non-recurring expenses allocated in the administrative management budget provided annually to ministries, sectors, and localities based on the current expenditure system and the workload approved by the competent authority for propaganda, mobilization, dissemination of Party and State policies, inspection (including field inspections), printing of materials, files, forms, organizing the distribution of support money to the people, and risk costs.
III. ESTABLISHING BUDGET PROJECTIONS, MANAGEMENT, AND SETTLEMENT
1. The process of establishing budget projections, managing, and settling sources of funds for implementing migration support shall be carried out in accordance with the provisions of Joint Circular No. 01/2003/TTLT-BKH-BTC dated January 6, 2003, issued by the Ministry of Planning and Investment and the Ministry of Finance guiding the implementation of Decision No. 42/2002/QĐ-TTg dated March 19, 2002,
of the Prime Minister on managing national target programs and Circular No. 59/2003/TT-BTC dated June 23, 2003, issued by the Ministry of Finance guiding the implementation of Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget.
To proactively arrange funding for migration support to develop new economic zones in line with the progress of localities' implementation plans approved by the National Assembly; each year, based on the overall resettlement and migration development project approved by the competent authority and the results of surveys of the areas receiving and sending people; taking into account the progress of projects receiving people to settle in new economic zones and agreements with localities capable of receiving people through mixed settlement, the Department of Agriculture and Rural Development shall submit to the People's Committee of the province a plan for sending and receiving people in the province including:
- Plan for receiving or sending people to new economic zone projects.
- Plan for migrating people to settle in mixed settlement in localities with reception conditions.
- Internal population resettlement project.
The People's Committee of the province or centrally governed city shall examine and send a document to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance for consolidation into the state budget projection to be submitted to the Prime Minister for approval by the National Assembly.
The management of expenditure and settlement of migration support funds shall be carried out in accordance with the provisions of the Law on State Budget and guiding documents of the Ministry of Finance.
At the end of each quarter, year, and completion of the migration project and reception of settled people according to the assigned quota, the implementing agency must report to the Chairman of the People's Committee of the province or centrally governed city on the implementation of migration work to compile and report to the Ministry of Agriculture and Rural Development and the Ministry of Finance.
C. RESPONSIBILITIES OF MINISTRIES, SECTORS, AND LOCALITIES
1. The Ministry of Agriculture and Rural Development shall be responsible for:
- Guide ministries, sectors, and localities in building migration projects, planning migration, zoning, and arranging population annually, and consolidate and submit to the Government for approval.
- Take the lead and coordinate with relevant ministries and sectors to guide and direct localities to implement the approved annual plan.
- Consolidate and report on the implementation situation regarding progress, funds, and propose solutions to implement the plan.
- Coordinate with relevant ministries and sectors and central agencies of mass organizations to inspect and urge the implementation of the plan and migration policies.
2. The Ministry of Finance shall be responsible for:
- Coordinate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to inspect and urge the implementation of migration policies.
- Review the final settlement report of migration support funds in accordance with current regulations.
3. Ministries and sectors shall cooperate with the Ministry of Agriculture and Rural Development and the Ministry of Finance based on their functions and responsibilities to implement related contents.
4. The People's Committees of provinces and centrally governed cities shall be responsible for directing and organizing the implementation, monitoring, and inspecting the implementation of policies on their respective territories; promptly identifying and addressing difficulties and obstacles arising during the organization and implementation process at the local level to make recommendations to the Government and relevant ministries and sectors regarding solutions; directing specialized agencies on migration within the locality to perform the following tasks:
- Studying and surveying the areas where people will be relocated to and from; providing information about migration projects, planning, and population resettlement; disseminating state policies, support programs, and procedures related to migration to the public.
- Organizing the relocation and reception of residents; fully, timely, and accurately distributing support benefits according to the intended purpose and eligible recipients; settling and finalizing the support funding according to current financial regulations.
- Proactively allocating the local budget to implement intra-regional migration projects.
- Fully implementing regular reporting requirements.
D. IMPLEMENTATION
This Circular takes effect fifteen days after its publication in the Official Gazette and replaces the following documents: Circular No. 07/LDTB-XH dated May 12, 1995 of the Ministry of Labor, War Invalids and Social Affairs on the allowance system for households participating in new economic zone development pursuant to Decision No. 327/CT dated September 15, 1992, Circular No. 04/LDTB-XH-DD dated February 11, 1995 of the Ministry of Labor, War Invalids and Social Affairs guiding the allowance system for households relocating to islands, and Circular No. 15/LDTB-XH dated July 1, 1995 of the Ministry of Labor, War Invalids and Social Affairs amending and supplementing certain points of Circular No. 07/LDTB-XH dated May 12, 1995 of the Ministry of Labor, War Invalids and Social Affairs.
During the implementation process, if there are any difficulties, relevant ministries, sectors, and localities shall promptly report them to the Ministry of Agriculture and Rural Development and the Ministry of Finance for study and resolution.
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: