Circular No. 11/2006/TT-BNN guiding the implementation of policies to support migration and stabilize residents in border communes between Vietnam and China according to Decision No. 60/2005/QD-TTg dated March 24, 2005 of the Government Prime Minister.

CIRCULAR

Guidelines for Implementing Policies to Support Migration and Stabilize Population in Border Communesborder

Pursuant to Decision No. 60/2005/QĐ-TTg dated March 24, 2005 of the Prime Minister on Approving the Plan to Stabilize Population in Border Communes between Vietnam and China until 2010; March 2005

2005 of the Prime Minister

______________________

Pursuant to Decision No. 60/2005/QD-TTg dated March 24, 2005 of the Prime Minister approving the Master Plan for stabilizing the population in border communes between Vietnam and China until 2010;

After reaching consensus with relevant ministries and agencies, the Ministry of Agriculture and Rural Development hereby provides guidelines for implementing policies to support migration and stabilize population in border communes between Vietnam and China as follows:

I. GENERAL PROVISIONS

1. Scope of Application.

This Circular applies to support households migrating and stabilizing population in accordance with the Plan to Stabilize Population in Border Communes between Vietnam and China as stipulated in Decision No. 60/2005/QĐ-TTg dated March 24, 2005 of the Prime Minister in the provinces of Lai Chau, Dien Bien, Lao Cai, Ha Giang, Cao Bang, Lang Son, and Quang Ninh.

2. Recipients of Support.

a) Households migrating according to the State's plan to settle permanently (resettle) in villages adjacent to the border between Vietnam and China (villages with administrative boundaries abutting the border), including:

- Households migrating from within and outside the province (including villages within border communes between Vietnam and China but not adjacent to the border) resettling through intermingling with sparsely populated villages or newly established concentrated residential areas.

- Military officers, soldiers, civil servants, intellectuals, volunteers, young pioneers, workers, defense officials who establish families or bring their families (parents, spouse, children) to settle permanently in villages adjacent to the border between Vietnam and China.

b) Households migrating according to the State's plan to settle permanently in villages not adjacent to the border but within border communes between Vietnam and China, including:

- Households migrating from within and outside the province;

- Military officers, soldiers, civil servants, intellectuals, volunteers, young pioneers, workers, defense officials who establish families or bring their families (parents, spouse, children) to settle permanently in border communes between Vietnam and China.

c) Households currently residing in border communes between Vietnam and China with extremely difficult production and living conditions requiring relocation and stabilization in place according to planning and plans, including:

- Households losing residential land and production land due to natural disasters;

- Households living in particularly difficult areas lacking production land and water for production and daily life that cannot be resolved;

- Ethnic minority households within the scope of mobilization for permanent settlement;

- Households living in areas at high risk of natural disasters.

d) Communities within the planning area for population stabilization in border communes between Vietnam and China.

3. Principles for Applying Support Levels:

Households falling under the provisions of this Circular shall enjoy one-time support at the highest level for each support item as stipulated in one of the Prime Minister's Decisions: Decision No. 186/2001/QĐ-TTg dated December 7, 2001, Decision No. 120/2003/QĐ-TTg dated June 11, 2003, Decision No. 190/2003/QĐ-TTg dated September 16, 2003, Decision No. 134/2004/QĐ-TTg dated July 20, 2004, Decision No. 60/2005/QĐ-TTg dated March 24, 2005.

II. CONTENT AND SUPPORT LEVELS

1. Household Support:

1.1. Land Clearing Support:

Households migrating as defined in points a, b, c, Clause 2, Part I of this Circular shall apply the support policy as stipulated in point a, Clause 1, Part II of Circular No. 57/2004/TT-BNN dated November 1, 2004 of the Ministry of Agriculture and Rural Development guiding the implementation of policies to support migration and stabilize population in border communes between Vietnam and China pursuant to Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister (hereinafter referred to as Circular No. 57/2004/TT-BNN) at the following support levels:

- Land clearing for permanent terracing: 3 million VND/hectare;

- Land clearing for constructing paddy fields: 7 million VND/hectare.

The People's Committee of the province shall base the area of land cleared and allocated to households to specify the specific support levels. Households migrating and receiving land clearing support according to the levels stipulated in Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister shall not be eligible for land clearing support under Decisions of the Prime Minister No. 186/2001/QĐ-TTg, No. 190/2003/QĐ-TTg, and No. 134/2004/QĐ-TTg.

1.2. Support for Stable Living Conditions:

a) Households migrating as defined in point a, Clause 2, Part I of this Circular shall apply the support policy as stipulated in point b, Clause 1, Part II of Circular No. 57/2004/TT-BNN: support level of 20 million VND/household.

b) Households migrating as defined in point b, Clause 2, Part I of this Circular shall apply the support policy as stipulated in point a, Clause 2, Article 2 of Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister on the policy for migration to implement planning and population resettlement from 2003 to 2010 and point a, Clause 2, Section I, Part B of Joint Circular No. 09/2004/TTLT-BNN-BTC dated March 31, 2004 of the Ministry of Agriculture and Rural Development and the Ministry of Finance guiding the implementation of the support system for migration according to Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister on the policy for migration to implement planning and population resettlement from 2003 to 2010 (referred to as Joint Circular No. 09/2004/TTLT-BNN-BTC): support level of 15 million VND/household.

1.3. Support for Residential Land, Production Land, and Housing:

Households migrating as defined in point c, Clause 2, Part I of this Circular shall enjoy the following support policies:

a) Support for residential land, production land, and housing for poor ethnic minority households with difficult living conditions: applying the policy on residential land, production land, and housing as stipulated in Clauses 1, 2, and 3, Article 2 of Decision No. 134/2004/QĐ-TTg dated April 20, 2004 of the Prime Minister on certain support policies for production land, residential land, housing, and drinking water for poor ethnic minority households with difficult living conditions and as stipulated in Sections 1 and 3, Part II of Joint Circular No. 819/2004/TTLT/UBDT-KHĐT-BTC-XD-NNPTNT dated November 10, 2004.

Households of ethnic minority groups living in poverty and facing difficult living conditions after enjoying policies on residential land, production land, and housing as stipulated in Clauses 1, 2, 3 of Article 2 of Decision No. 134/2004/QĐ-TTg dated April 20, 2004 of the Prime Minister shall not enjoy the policies on residential land, production land, and housing as stipulated in Decisions No. 120/2003/QĐ-TTg and No. 190/2003/QĐ-TTg.

b) Provide housing support to policy households that are truly in difficulty (not being ethnic minority groups), legally residing stably in border communes, currently without houses or with houses made of bamboo, reed, palm leaves that are leaking and unsafe during rain, floods, typhoons but unable to construct, upgrade, or repair their houses, with a support level of 5 million VND per household for constructing, upgrading, or repairing houses as stipulated in Point b, Clause 3, Article 1 of Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister. The list of these households is proposed by the People's Committee of the commune based on the assessment by the villagers of the village where they reside, and approved by the Chairman of the People's Committee of the district.

1.4. Support for drinking water:

Households defined in Points a, b, c, Subsection 2, Part I of this Circular shall be supported from the central budget as follows: For centralized drinking water supply projects, the central budget will cover 100% of construction costs according to the approved design estimate. In places where centralized drinking water supply projects are not constructed, households will be supported with 1.5 million VND per household to build rainwater storage tanks or dig wells.

Households that have already enjoyed the drinking water support policy under Decision No. 60/2005/QĐ-TTg dated March 24, 2005 shall not enjoy the drinking water support policy under Decisions No. 120/2003/QĐ-TTg, No. 190/2003/QĐ-TTg, and No. 134/2004/QĐ-TTg.

1.5. Production support:

Households defined in Points a, b, c, Subsection 2, Part I of this Circular shall enjoy the production support policy as follows:

a) Seed support policy: Poor households (according to the criteria for poor households stipulated in Decision No. 170/2005/QĐ-TTg dated July 8, 2005 of the Prime Minister regarding the issuance of poverty standards applicable for the period 2006-2010) and areas under planning shall be supported:

The People's Committee of the province shall base the level of support on the area of production land allocated to the households.

- Supporting 30% of the need for the first three years for short-term crop seeds and annual crops;

- Supporting 1 million VND per hectare for perennial crop seeds and fruit trees.

b) Policy to support forest development:

- New planting of protective and special-use forests: the level of support is 4 million VND per hectare as stipulated in Decision No. 5246/QĐ-BNN-LN dated November 26, 2003 of the Ministry of Agriculture and Rural Development;

- Contract management and protection of forests: the level of support is 50,000 VND per hectare per year as stipulated in Joint Circular No. 28/1999/TT-LT dated February 3, 1999 of the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance guiding the implementation of Decision No. 661/QĐ-TTg dated July 29, 1998 of the Prime Minister;

- Planting productive forests: supporting 1-1.5 million VND per hectare and providing loans up to a maximum of 10 million VND per hectare according to approved projects. Projects for state investment credit development loans apply the provisions of Government Decree No. 106/2004/NĐ-CP dated April 1, 2004 on state investment credit development and Government Decree No. 20/2005/NĐ-CP dated February 28, 2005 on supplementing the list of projects borrowing state investment credit development funds under Government Decree No. 106/2004/NĐ-CP.

2. Support for communities in planned resettlement areas and stable population zones:

Planned resettlement and stable population zones in border communes between Vietnam and China as stipulated in Decision No. 60/2005/QĐ-TTg dated March 24, 2005 of the Prime Minister shall be supported as follows:

a) Investment support for infrastructure construction serving production and daily life of people in villages near the border such as roads, irrigation works, drinking water and production water, schools, health clinics, communal cultural houses, electricity, markets, radio and television systems. Priority shall be given to infrastructure construction in old villages without residents and new villages near the border that have received households from other places to settle.

b) Support for agricultural extension, forestry extension, plant protection, and veterinary work for the community:

- Each commune shall be allocated 2-3 staff members to carry out agricultural extension, forestry extension, plant protection, and veterinary work. These staff members shall receive allowances from the project implementation budget. The allowance amount and duration shall be decided by the People's Committee of the province (at least 300,000 VND per month per person);

- Each commune shall be supported annually with 50 million VND to build agricultural and forestry extension models. The People's Committee of the province shall decide based on the actual needs of the locality.

c) Policy to support disease prevention and control for livestock: Providing vaccines for cattle, buffalo, and pigs once a year. The People's Committee of the province shall determine the level of support and types of vaccines for cattle, buffalo, and pigs of households according to the annual plan of the locality.

3. Other policies

In addition to the above policies, households settling in border communes between Vietnam and China shall be prioritized for preferential credit to develop production and enjoy other preferential policies in the locality.

III. SOURCES OF FUNDS

1. The funds for implementing the support policy for relocation and population stabilization in border communes between Vietnam and China as stipulated in Decision No. 60/2005/QĐ-TTg dated March 24, 2005 of the Prime Minister shall be provided from the state budget with specific targets (including development capital and economic affairs capital). Localities shall integrate existing program and project funds within their jurisdiction and mobilize other sources of funds according to the law to invest in specific projects for border population stabilization in each province.

2. Management expenses for relocation shall be allocated in the administrative management expenditure budget of ministries and localities in the annual state budget according to the State Budget Law.

IV. BUDGET ESTIMATION, MANAGEMENT, AND SETTLEMENT CAPITAL

The budget preparation process for managing and finalizing the financial resources to implement the support regime for relocation and stabilization of residents shall be carried out in accordance with the provisions set forth in Circular Joint No. 01/2003/TTLT-BKH-BTC dated January 6, 2003, issued by the Ministry of Planning and Investment and the Ministry of Finance to guide the implementation of Decision No. 42/2002/QĐ-TTg dated March 19, 2002, of the Prime Minister on the management of national target programs, and Circular No. 59/2003/TT-BTC dated June 23, 2003, issued by the Ministry of Finance to guide the implementation of Decree No. 60/2003/NĐ-CP dated June 6, 2003, of the Government detailing and guiding the enforcement of the State Budget Law.

V. IMPLEMENTATION

1. The Ministry of Agriculture and Rural Development shall be responsible for:

- Shall be the lead agency responsible for monitoring, inspecting, urging relevant ministries, sectors, and provincial people's committees along the border in the implementation of the Border Area Population Stabilization Plan until 2010 (the Border Area Population Stabilization Plan until 2010 referred to as the Plan);

- Shall take the lead and coordinate with relevant ministries, sectors, and provincial people's committees along the border to adjust and supplement the Plan when necessary, and submit to the Prime Minister for decision;

- Shall guide provincial people's committees along the Vietnam-China border to develop specific projects in line with the Plan, review and provide comments on projects proposed by the provincial level for approval and implementation by the provincial people's committees;

- Shall take the lead and coordinate with the Ministry of Planning and Investment to guide provincial people's committees along the Vietnam-China border to develop plans to implement the Plan;

- Shall direct, guide, and organize the introduction of scientific and technological progress and new seeds into production to continuously increase productivity, quality, and value of agricultural and forestry products per unit area;

- Shall direct and guide provincial people's committees along the Vietnam-China border to build pilot models for implementing population stabilization in border communes to draw lessons for the implementation of the Plan throughout the region;

2. Relevant ministries, sectors, and the Committee for Ethnic Minorities shall, based on their assigned functions and tasks as stipulated in Decision No. 60/2005/QĐ-TTg dated March 24, 2005, of the Prime Minister, take the lead and coordinate with the Ministry of Agriculture and Rural Development and provinces along the Vietnam-China border to implement related contents;

3. Provincial People's Committees along the Vietnam-China border shall have the responsibility:

- To develop plans to implement the Plan until 2010 and annually regarding relocation and population stabilization in border communes of Vietnam-China, report to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, the Ministry of Finance, and the Committee for Ethnic Minorities for consolidation and submission to the Government for approval;

- To prioritize state budget funds for investment in public infrastructure construction for border communes; first, prioritize investment in infrastructure construction (including land clearance) for old villages without residents and new residential points near the border that have received households from other places to settle;

- To direct the preparation of projects, organize reviews, and approve specific projects on planning and population stabilization in border communes of Vietnam-China based on overall projects already approved by competent authorities. Organize reviews of the Plan and submit to the Prime Minister for adjustment and supplementation when necessary;

- To disseminate information about planning and population stabilization projects in border areas; popularize the policies, support systems, and procedures for relocation of the State for the people's knowledge and implementation;

- To organize the implementation of relocation and population stabilization work; distribute support benefits to households fully, promptly, according to purpose and target groups; settle and finalize support funding according to current financial regulations;

- To coordinate with the Ministry of Agriculture and Rural Development to build pilot models for implementing population stabilization in border communes to conclude and draw lessons for the implementation of the Plan throughout the region;

- To monitor and inspect the implementation of the Plan, specific projects on relocation and population stabilization in border communes of the province, policies in the locality, and the effectiveness of projects. Timely identify and address difficulties and obstacles during the organization and implementation at the local level, and make recommendations to the Government and relevant ministries and sectors for solutions;

- To fulfill periodic (quarterly, annually) and ad hoc reporting requirements fully;

VI. IMPLEMENTATION PROVISIONS

This Circular takes effect fifteen days after its publication in the Official Gazette;

In the course of implementation, if there are any difficulties, ministries, sectors, and localities shall promptly reflect them to the Ministry of Agriculture and Rural Development for study, supplementation, and amendment./.