Circular No. 10-TC/NLTL guiding the implementation of Resolution No. 28-CP dated February 16, 1973 of the Council of Ministers on specific policies for relocating economic bases, defense facilities, and residents to release riverbeds.

CIRCULAR

Guidelines for implementing Resolution No. 28-CP dated February 16, 1973 of the Council of Ministers on specific policies regarding the relocation of economic bases, defense facilities, and residents to clear riverbeds

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The Council of Ministers has decided on several issues concerning the assurance of unimpeded water flow for flood drainage and temporarily established specific policies regarding the relocation of economic, cultural, defense, and residential facilities to clear riverbeds.

On May 29, 1973, the Office of the Prime Minister also issued Circular No. 129-TTg to continue addressing specific issues related to the work of clearing riverbeds.

In accordance with the above documents of the Council of Ministers and the Office of the Prime Minister, the Ministry of Finance provides detailed guidance as follows:

I. PRINCIPLES FOR GRANTING ASSISTANCE AND ISSUING FUNDS FOR RELOCATION COSTS

1. For households (including officials, workers, and employees who have private homes):

a) Regarding the average assistance amount:

The main policy direction for assistance is based on self-reliance, mutual support among the people, and the State providing partial assistance for households to relocate their homes, quickly stabilize their lives, and production...

The average assistance amount is set at 400 dong per relocating household. This is the average level serving as the basis for provincial and municipal budget requests; however, when disbursing funds at each cooperative or village, the actual situation of each house and the circumstances of each household must be considered, some households may receive less than 400 dong (for example, 150 dong, 200 dong, 250 dong, 300 dong), while others may receive more than 400 dong (for example, 450 dong, 500 dong, etc.), but the overall average in the province or city should not exceed 400 dong.

Additionally, each relocating household will receive 16 dong to purchase 40 kilograms of rice at supply prices. Officials, workers, and employees with private homes that need to be relocated will also be eligible for similar assistance.

b) Regarding the source of funding

The funding for assistance will be subsidized from the central budget to the provincial and municipal budgets, based on the actual number of households needing to relocate (X) multiplied by 416 dong.

c) Budget for 1973 must be prepared by the provincial and municipal administrative committees and submitted to the Ministry of Finance as soon as possible.

2. For material technical facilities of cooperatives.

a) Regarding the level of assistance for cooperatives with material technical facilities that need to be relocated, the budget request for assistance will be calculated based on the actual remaining value of fixed assets of the facility being relocated.

It is necessary to declare and aggregate how many cooperatives fall within the scope of relocation in 1973, what material technical facilities each cooperative needs to relocate (barns, warehouses, drying yards, processing facilities, etc.); the actual remaining value of fixed assets of each such facility is what. Depending on the degree of material damage during dismantling and relocation for each specific facility, the State will only consider partial assistance for material damage, aiming to help cooperatives purchase materials to rebuild and restore the remaining value of fixed assets close to before relocation. As for dismantling labor, transportation, and reconstruction labor, cooperatives must arrange these themselves. If this opportunity allows cooperatives to expand scale, improve, or build better than before, cooperatives must arrange these themselves.

Estimating the remaining value of fixed assets of each facility in each cooperative is quite complex and difficult, requiring strict guidance from the provincial and municipal administrative committees: inventory, accurately assess the remaining value of fixed assets of each facility to be relocated, carefully calculate the cost of material damage, etc.

b) Regarding the source of funding will be subsidized from the central budget to the provincial and municipal budgets. While there is not yet sufficient specific basis to prepare and review the budget, based on the proposal of the provincial and municipal administrative committees, the central budget will temporarily allocate a certain amount of funds to each locality. During implementation, based on the actual disbursement and settlement each year, the provincial and municipal administrative committees will adjust and report back to the Ministry of Finance: if there is a shortage, additional funding will be provided by the central budget; if there is a surplus, it will be returned to the central budget.

c) For economic and cultural facilities previously built by cooperatives using loans from the State Bank and which still have outstanding debts, now needing to be relocated, the Central State Bank will provide specific guidance. 3. For economic and cultural facilities of villages that need to be relocated

such as schools, kindergartens, health stations, etc., the relocation and reconstruction of these facilities mainly rely on the efforts of local residents. In terms of materials, first, old materials left over should be utilized, and if insufficient, the village budget will cover the additional costs. Where the village budget encounters difficulties, the provincial or municipal budget will consider providing assistance. Specifically, for temples, communal houses, pagodas within the designated water flow area, generally, the issue of relocation has not been raised. In cases where relocation is truly necessary, the provincial or municipal administrative committee will consult with the Ministry of Water Resources to decide, but strict planning and guidance must be implemented to prevent complaints from the people; if residents request reconstruction elsewhere, assistance will be provided based on the remaining value of fixed assets of those temples or communal houses, covering part of the material damage costs. The funding will be assisted by the central budget.

4. For economic, cultural, medical, educational, housing, etc., facilities belonging to central and local state agencies that need to be relocated.

a) The relocation and reconstruction of central facilities will be handled by relevant Ministries, General Departments, and agencies equivalent to Ministries at the central level. Local facilities will be managed by local departments and funded by local budgets under the centralized and unified guidance of the provincial or municipal administrative committees.

For historical sites with preservation value, museums managed by the Ministry of Culture, or discovered by localities and needing to be relocated, the Ministry of Culture will discuss with the local administrative committees to develop plans for relocating and reconstructing valuable parts of these facilities.

For historical relics of conservation value, museums ranked under the Ministry of Culture or discovered by localities that need to be relocated, the Ministry of Culture shall consult with the local administrative committee to develop plans for relocation and reconstruction of those valuable components.

b) At the central level as well as at the local level, any sector that has prepared the budget for the year 1973 without recording or not fully recording this item must prepare a supplementary budget.

All sectors at the central level as well as at the local level must strictly direct the work of dismantling equipment, machinery, houses... moving, and rebuilding with the utmost spirit of thrift (utilizing materials from old facilities) according to the approved plans and schemes by competent superior authorities.

II. REGIME FOR THE PREPARATION, REVIEW, ISSUE, MANAGEMENT, AND SETTLEMENT OF BUDGETS.

A. Preparation and Review of Budgets

1. Assistance for the people and cooperatives

The provincial or municipal administrative committees have the responsibility to guide and assist the county administrative committees in preparing budgets including the following parts:

a) Assistance for the people in moving houses;

b) Assistance for agricultural cooperatives and villages with material and technical facilities, pagodas, communal houses that need to be moved.

c) Assistance for village budgets (if any) for educational, health, cultural... facilities that need to be moved.

The provincial or municipal administrative committees review and consolidate parts a and b above and send them to the Ministry of Finance to request central government subsidies. The assistance for the budget (part c) is subsidized by the provincial or municipal administrative committee's budget. The Departments of Finance assist the provincial or municipal administrative committees in formulating and guiding.

2. The preparation and review of budgets for economic, cultural, educational... facilities of central and local sectors that need to be relocated shall be carried out in accordance with the current regime for managing construction capital.

B. Issuance of Financial Assistance

The requirement for the issuance of financial assistance is to emphasize the sense of responsibility of state agencies, the examination and issuance must be fair and reasonable for each household, cooperative, and village; making everyone and every unit united and consistent to ensure the relocation proceeds smoothly. Financial assistance must be issued promptly, reaching the hands of the people, cooperatives, or villages receiving assistance.

Under the guidance of the provincial or municipal administrative committees, the Departments of Finance assign responsibilities and provide specific business guidance to the county finance offices to cooperate with relevant sectors in the county to help the county administrative committees thoroughly examine the lists of units (cooperatives) and households already approved by the provincial or municipal administrative committees, organize public announcements before the people and cooperatives regarding the amount of financial and rice assistance.

The issuance should be conducted carefully at the headquarters of the village administrative committees, chaired by the county finance office, with the participation of relevant sectors in the county, representatives of the village administrative committees, and the management boards of cooperatives.

C. Settlement Work 

The settlement work will be carried out as follows: the Departments of Finance assist the provincial or municipal administrative committees in reviewing the settlements of the county administrative committees and consolidating reports on settlements to the central government budget for the central government's assistance to the province or city.

The report on settlements must cover basic issues such as the implementation of the entire plan to release the riverbed in the locality for the year (the number of households and cooperative material and technical facilities that have been relocated); evaluate the results of relocation compared to the proposed plan, the amount of funds spent on assisting the people and cooperatives in relocation; comments on the implementation and application of state policies on assistance to the people and cooperatives; determine the surplus or shortage between the actual settlement amount and the funds provided by the central government budget.

During the process of assisting the local administrative committees in reviewing general budgets, the Departments of Finance may require the county administrative committees to provide additional information and data as needed, or check accounting books, vouchers, and other related documents... ensuring the review of settlements and the preparation of settlement reports (to the central government) are thorough, accurate, and in compliance with regulations and policies.

The implementation of specific policies on financial assistance for riverbed clearance is a major and complex issue. The Ministry of Finance requests the provincial or municipal administrative committees to direct the preparation of budgets and manage budgets in accordance with regulations. If any issues requiring modification or supplementation arise during the process, they should be reported promptly to the Ministry of Finance.

During the process of assisting the local administrative committees in reviewing general budgets, the Departments of Finance may require the county administrative committees to provide additional information and data as needed, or check accounting books, vouchers, and other related documents... ensuring the review of settlements and the preparation of settlement reports (to the central government) are thorough, accurate, and in compliance with regulations and policies.

The implementation of specific policies on financial assistance for riverbed clearance is a major and complex issue. The Ministry of Finance requests the provincial or municipal administrative committees to direct the preparation of budgets and manage budgets in accordance with regulations. If any issues requiring modification or supplementation arise during the process, they should be reported promptly to the Ministry of Finance.