Decision No. 12/2005/QĐ-BNN On the issuance of the Resettlement Procedure for Implementation of Planning and Population Arrangement until 2010

Pursuant to …;

Regarding the issuance of the Resettlement Procedure to implement planning and population relocation until 2010,

for population relocation until 2010

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister on policies for resettlement to implement planning and population relocation from 2003 to 2010;

Pursuant to Decision No. 120/2003/QĐ TTg dated June 11, 2003 of the Prime Minister approving the Strategy for Economic and Social Development along the Vietnam-China Border until 2010;

At the proposal of the Director of the Cooperative and Rural Development Department,

Pursuant to …;:

Article 1. This Decision promulgates the "Resettlement Procedure" applicable in the field of resettlement to implement planning and population relocation until 2010 nationwide.

Article 2This Decision shall take effect 15 days after its publication in the Official Gazette and shall supersede Decision No. 99/1998/QĐ-BNN-ĐCĐC dated July 16, 1998 of the Minister of Agriculture and Rural Development on the issuance of the Resettlement Procedure.

Article 3. The Heads of the Office, Heads of units under the Ministry, Directors of Provincial Departments of Agriculture and Rural Development, Heads of specialized resettlement agencies at provincial level, and Heads of provincial-level cities directly under the Central Government are responsible for implementing this Decision./.

PROCEDURE

(issued pursuant to Decision No. 12/2005/QĐ-BNN dated March 14, 2005 of the Minister of Agriculture and Rural Development).
The Resettlement Procedure is a system of legal regulations applied in organizing resettlement to implement the Planning Project and Population Relocation Project (hereinafter referred to as the Project).

Part I

GENERAL PROVISIONS

1. Principles:

The Resettlement Procedure serves as a legal basis for settling accounts and finalizing financial support funds for resettlement according to current financial regulations, and also serves as a basis for inspection, supervision, evaluation of the quality and effectiveness of resettlement work to implement planning and population relocation.

The organization of resettlement must comply with the objectives and contents of the Project approved by competent authorities and according to the annual State plan.

The resettlement area must ensure basic conditions for people's stable living, production development, and ecological environment protection: sufficient residential land and production land, essential infrastructure facilities for production and public welfare services.

Households resettled and arranged within the project area shall be allocated residential and production land by competent authorities and issued certificates of land use rights, and their household registration transfers shall be processed.

- The localities sending and receiving people for resettlement must promptly and accurately provide resettlement benefits and policies to the heads of households according to the resettlement form and schedule.

- The specialized resettlement management agency or the agency implementing resettlement work (hereinafter referred to as the specialized resettlement agency) of the locality has the responsibility to coordinate with relevant agencies and the project owner to organize resettlement in accordance with the Resettlement Procedure.

- Violations of the Resettlement Procedure must be strictly handled according to the law.

The Resettlement Procedure applies during the process of organizing resettlement to projects for planning and population relocation, and areas implementing planning and population relocation (hereinafter referred to as the project area) in rural areas.

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).:

3. Subjects to whom the Resettlement Procedure applies

a) The subjects to whom the Resettlement Procedure applies are households resettling according to Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister (referred to as Decision No. 190/2003/QĐ-TTg) and Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister (referred to as Decision No. 120/2003/QĐ-TTg). The resettlement subjects are specifically defined and entitled to support policies as guided by the following documents: 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 (referred to as Joint Circular No. 09/2004/TTLT-BNN-BTC), Circular No. 57/2004/TT-BNN dated November 1, 2004 of the Ministry of Agriculture and Rural Development (referred to as Circular No. 57/2004/TT-BNN), and Circular No. 1449/CP-NN dated October 5, 2004 of the Government.:

b) Households resettling (referred to as resettlement households) must have a legal household registration, and all members moving must be listed in a permanent residence book, confirmed by the police authority, and approved by the specialized resettlement agency and local authorities according to the annual resettlement plan.

In cases where households are freely migrating residents currently living in natural forests, special-use forests, protective forests, and now relocating to planned areas for stable population settlement or returning to their original residences, they must have temporary residence registration or confirmation from forest management authorities, and be approved by the specialized resettlement agency and local authorities according to the annual resettlement plan.

c) Interwoven villages accepting resettlement households: these are villages not constructing the planning and population relocation project specified in Clause 6, Section I, Part A of Joint Circular No. 09/2004/TTLT-BNN-BTC, but having conditions to accept resettlement households according to the plan, as stipulated in Subsection a, Clause 3, Article 1 of Decision No. 190/2003/QĐ-TTg.

4. Forms of resettlement are divided as follows

4.1. According to the resettlement organization method: there are two types:

a) Concentrated resettlement: this is a form where the local government organizes the movement of households specified in Subsection a, Clause 3, Part I of this Procedure to the project area according to the annual resettlement plan.

b) Intermingled resettlement: this is a form where households specified in Subsection a, Clause 3, Article 1 of Decision No. 190/2003/QĐ-TTg move to villages not constructing the planning and population relocation project specified in Clause 6, Section I, Part A of Joint Circular No. 09/2004/TTLT-BNN-BTC, but having conditions to accept intermingled resettlement households according to the annual resettlement plan.

4.2. According to territorial regions: there are four types

North-South resettlement (or vice versa): this is a form where households move from the northern region to the southern region (or vice versa).

Northern provinces from Thua Thien-Hue northward and southern provinces from Da Nang southward.

- Intra-regional resettlement: this is a form where households move from one province to another within the southern or northern region.

- Intra-provincial resettlement: this is a form where households move from outside the project area to within the project area of a province.

- Internal relocation within the province: is the form of movement of households relocating from outside the project area into the project area within the same province.

Internal relocation within a project area: refers to the form of movement within the scope of a project area.

Part II

SPECIFIC PROVISIONS

The internal relocation process shall be carried out in the following sequence:

I. PREPARATION STAGE FOR RELOCATION

1. Propaganda and Mobilization Work

Specialized agencies for relocation at the local level shall coordinate with the authorities of the sending and receiving areas to promote and publicize the Party's policies and the State's laws on relocation to implement planning and population resettlement throughout the country; disseminate fully the State's policies and regulations for relocated households.

2. Preparation Work of the Sending Area

2.1. Specialized Agencies for Relocation:

a) Review the subjects, determine the needs for planning and population resettlement, and develop the relocation plan of the locality.

The relocation plan must clearly distinguish between subjects supported by the central budget, those supported by the local budget, and those who move independently.

b) Contact and specify the receiving area, coordinate with the authorities of the sending and receiving areas and representatives of the relocating households to organize surveys and reviews of the receiving area to ensure basic minimum conditions for the people's livelihood; establish a review record of the relocation project implementation area (Form No. 1DD).

c) Provide relocating households with all necessary information about the planned project area, population resettlement area, and receiving area (including difficulties and advantages).

d) Organize a tripartite contract among representatives of the authorities of the sending and receiving areas and the project owner regarding the number of households to be relocated, handover time, and responsibilities of each party to complete the planning and population resettlement tasks, ensuring the correct relocation targets (Form No. 2DD).

đ) Guide household heads to complete relocation application procedures such as: Voluntary Relocation Application Form to the Project Area or to the Receiving Communes (Form No. 3DD) and other necessary procedures.

e) Prepare a list of relocating households to the project area or to the receiving communes (Form No. 4DD).

h) Publicize financial matters and resolve support policies before relocation for households eligible for such policies (Form No. 6DD).

i) Complete forms, prepare documents and ledgers for settlement and reporting after each relocation phase. Coordinate with relevant agencies to organize lessons learned from the entire relocation phase and prepare for the next relocation phase (if applicable).

f) Coordinate with various departments and levels of local authority to prepare relocation support funds (including state and local budgets).

2.2. Local Authorities of the Sending Area:

a) The People's Committee of the commune compiles voluntary relocation applications, establishes a review board, prepares a list of relocating households, and reports to the People's Committee of the district for approval according to the relocation targets and annual plan indicators.

b) The People's Committee of the district (city) issues a relocation decision (Form No. 5DD) and directs specialized departments and the People's Committee of the commune to guide relocating households to perform the following tasks: transfer assets, residential land, production land, settle debts and outstanding issues in the original place (if any), prepare capital, seeds, livestock, production tools, and essential living items suitable for the new location; handle household registration transfer procedures for relocating households.

c) Mobilize local resources to provide additional support to relocating households.

3. Preparation Work of the Receiving Area:

3.1. Specialized relocation agencies coordinate with local authorities (People's Committees of communes and districts) to carry out the following tasks::

a) Based on the annual relocation plan, implement the reception plan and population resettlement according to the approved planning.

b) Prepare the receiving area according to the planning and plan, such as: detailed planning of residential and production land, submit to competent authorities for approval, guide house construction; build intra-area transportation, small-scale irrigation works, classrooms, health stations, water supply facilities, and low-voltage substations according to the approved project objectives and contents.

c) Coordinate with the sending and receiving areas, project owners, and representatives of relocating households to organize project area reception reviews and guide necessary measures for local authorities and project owners to receive residents according to the relocation schedule.

3.2. Local Authorities of the Receiving Area:

a) Review and plan land to cooperate with specialized relocation agencies to develop feasible projects for population resettlement, submit to competent authorities for approval (in the case of centralized reception); or arrange areas for reception (in the case of scattered reception).

Population resettlement projects must seek opinions from the program management agency (Ministry of Agriculture and Rural Development) to unify the management of the project catalog nationwide before approval.

b) Develop investment plans for essential infrastructure projects such as: intra-area transportation, small-scale irrigation works, schools, clinics; simultaneously adopt measures to mobilize investment funds under economic and social development programs and national target programs to invest in synchronized technical infrastructure before receiving residents.

c) Clear land and construct paddy fields or organize land transfers to be allocated to relocating households.

4Some specific provisions apply to certain cases:

In addition to the provisions of points 1, 2, and 3 above, specific cases shall be implemented as follows:

4.1. For the work of arranging, organizing, stabilizing, and receiving residents in economic and social development zones managed by the Ministry of Defense, this relocation procedure and Joint Circular No. 09/2003/TTLT-BNN-BQP dated January 3, 2003 of the Ministry of Agriculture and Rural Development and the Ministry of Defense shall apply. 4.2. For households voluntarily relocating to new economic zones for agricultural, forestry, aquaculture, salt production, and other industries:

a) Household heads write a voluntary relocation application to new economic zones (Form No. 3DD), confirmed by the People's Committee of the commune or ward where they reside, and have a relocation decision from the People's Committee of the district (city) of the sending area; simultaneously have a reception decision from the People's Committee of the district (city) of the receiving area.

a) The head of household writes an application for voluntary relocation to new economic zones (Form No. 3 DD), with confirmation from the People's Committee of the commune or ward where they reside, and a Relocation Decision issued by the People's Committee of the district (city) of origin; simultaneously, there must be an Acceptance Decision issued by the People's Committee of the district (city) of destination.

b) Households shall bear their own expenses for transportation, accommodation, living, and production.

c) For poor households according to the criteria of the Ministry of Labor, Invalids, and Social Affairs, the local authority at the destination shall consider allocating land without charging land use fees.

4.3. For households voluntarily migrating who are residing in natural forests, special-use forests, and protective forests and need to be relocated from these areas, the specialized migration agency of the locality shall carry out the following steps:

a) Coordinate with the Forest Protection Agency, Forest Management Board, People's Committee of the district and commune to investigate, classify the subjects, develop relocation plans, and organize the relocation of households that comply with the arrangement and planning of the local authorities to the designated areas.

b) Notify the place of origin to organize the return of households that do not comply with the arrangement and planning of the local authorities to the designated areas.

4.4. For communes receiving interwoven resettlement households:

Based on the plan for receiving residents assigned by the provincial People's Committee, the specialized migration agency of the locality shall coordinate with local authorities to review the commune area receiving residents (Form No. 12 DD). After inspecting the area receiving interwoven resettlement residents, the unit responsible for migration work at the county level shall compile and submit to the People's Committee of the county for a decision to accept the households into the commune (Form No. 13 DD).

4.5. The implementation of support policies for internal migration within the province or project area according to current regulations shall be carried out by the specialized migration agencies of each locality (Form No. 10 DD or Form No. 11 DD).

II. THE RELOCATION STAGE

The specialized migration agency of the departure locality shall be responsible for developing relocation plans, coordinating with local authorities to safely relocate people and assets from the original residence to the new settlement location.

III. THE RECEIVING STAGE

1. The specialized migration agency of the arrival locality:

1.1. Verify the list of households being relocated according to each category (Form No. 4 DD)

1.2. Prepare a record of receipt of relocated households arriving at the project area (Form No. 7 DD)

1.3. Coordinate with the project owner to arrange households into residential areas according to the reviewed and approved layout;

1.4. Implement initial support policies for relocated households arriving at the project area according to current regulations (Form No. 9 DD).

1.5. Complete all forms, prepare necessary documents and ledgers for settlement and report after each relocation phase.

Coordinate with relevant agencies to organize lessons learned from the entire reception phase and prepare for the next reception phase (if applicable).

2. Local authorities at the arrival locality:

2.1. The People's Committee of the district (city) issues a decision to accept the number of households - labor force actually arriving at the project area (Form No. 8 DD).

2.2. Process permanent residency registration for relocated households actually arriving.

2.3. Allocate residential land and agricultural, forestry land according to the project's planning and complete procedures for issuing land use rights certificates for relocated households; simultaneously organize effective agricultural extension services and implement other supportive policies of the locality to help residents stabilize their lives and develop production.

2.4. In project areas approved but not organized for concentrated land development, based on the land fund of each project area, local authorities together with the project owner shall allocate unused land to relocated households for self-development of agricultural and forestry production at actual local levels but not exceeding current legal limits. The project owner shall cooperate with the specialized migration agency to inspect, issue a completion certificate, and settle the costs for land development assistance to relocated households according to current state regulations.

2.5. Coordinate with the project owner to guide households in land development, organize agricultural extension services, forestry extension services, fishery extension services, and forest protection regulations, environmental protection, and other necessary customs and practices in the new settlement area.

3. Departure and arrival localities, and project owners must resolve production and living difficulties for relocated households during the initial period after settling in the new location.

Part III

SYSTEM OF FORMS AND DOCUMENTS

1. The system of forms and documents includes:

1.1. For the departure locality:

- Form No. 1 DD: Record of inspection of the project area for relocation and population resettlement planning.

- Form No. 2 DD: Contract for the transfer of relocated households to the project area.

- Form No. 3 DD: Voluntary relocation application form to the project area (or to the commune accepting interwoven resettlement).

- Form No. 4 DD: List of relocated households to the project area.

- Form No. 5 DD: Decision on relocation to the project area (or to the commune accepting interwoven resettlement).

- Form No. 6 DD: List of relocated households from outside the province, within the province (different districts) to the project area eligible for support policies from the departure locality according to current regulations.

1.2. For the arrival locality:

- Form No. 7 DD: Record of acceptance of relocated households to the project area.

- Form No. 8 DD: Decision on acceptance of relocated households to the project area.

- Form No. 9 DD: List of relocated households from outside the province, within the province (different districts) to the project area eligible for support policies from the arrival locality according to current regulations.

1.3. For internal relocation within the province (same district), within the project area:

- Form No. 10 DD: List of relocated households within the province (same district) to the project area eligible for support policies from both the departure and arrival localities according to current regulations.

Form No. 11 DD: List of relocated households within the project area eligible for support policies according to current regulations.

1.4. For communes accepting interwoven resettlement:

- Form 12 DD: Record of inspection of the commune area accepting interwoven resettlement households.

- Form 13 DD: Decision on acceptance of interwoven resettlement households to the commune.

2. Forms and documents applicable to different categories:

2.1. For households relocating due to extremely difficult production and living conditions:

a) Concentrated relocation:

- Relocation through North-South, intra-region, and intra-province (different districts) relocation applies forms: 1 DD, 2 DD, 3 DD, 4 DD, 5 DD, 6 DD, 7 DD, 8 DD, 9 DD.

- Intra-province (same district) relocation applies forms: 1 DD, 3 DD, 4 DD, 7 DD, 8 DD, 10 DD.

- Within the project area relocation applies forms: 1 DD, 3 DD, 4 DD, 7 DD, 8 DD, 11 DD.

b) Relocation to communes accepting interwoven resettlement:

- For internal migration from North to South, within regions, within provinces (different districts), apply forms: 2DD, 3DD, 4DD, 5DD, 6DD, 7DD, 9DD, 12DD, 13DD.

- For internal migration within a province (same district), apply forms: 3DD, 4DD, 7DD, 10DD, 12DD, 13DD.

2.2. For households migrating to border communes and islands:

- For internal migration from North to South, within regions, within provinces (different districts), apply forms: 1DD, 2DD, 3DD, 4DD, 5DD, 6DD, 7DD, 8DD, 9DD.

- For internal migration within a province (same district), apply forms: 1DD, 3DD, 4DD, 7DD, 8DD, 10DD.

- For internal migration within project areas, apply forms: 1DD, 3DD, 4DD, 7DD, 8DD, 11DD.

2.3. For households voluntarily migrating to planned projects managed by the Ministry of National Defense for population resettlement:

- For internal migration from North to South, within regions, within provinces (different districts), apply forms: 1DD, 2DD, 3DD, 4DD, 5DD, 6DD, 7DD, 8DD, 9DD.

For internal migration within a province (same district), apply forms: 1DD, 3DD, 4DD, 7DD, 8DD, 10DD.

- For internal migration within project areas, apply forms: 1DD, 3DD, 4DD, 7DD, 8DD, 11DD.

2.4. For households voluntarily migrating to new economic zones for agricultural, forestry production, aquaculture, salt production, and other trades, apply forms: 3DD, 5DD, 8DD.

2.5. For households freely migrating and residing in natural forests, special-use forests, protective forests, which need to be relocated to planned resettlement areas or returned to their original locations:

a) Households that comply with the arrangement and organization by local authorities to relocate to planned resettlement areas within the province, apply forms: 1DD, 2DD, 3DD, 4DD, 7DD, 8DD.

b) In cases where households that comply with the arrangement and organization by local authorities to relocate to planned resettlement areas within the province are ethnic minority households with extremely difficult living conditions, additional financial support will be considered for relocation expenses, purchasing food supplies during the initial period, purchasing crop seeds, fertilizers, and addressing water supply issues: apply forms: 1DD, 2DD, 3DD, 4DD, 7DD, 8DD, 10DD.

2.6. For communes receiving mixed population resettlement: implement using forms: 2DD, 12DD, 13DD.

3. All forms shall be uniformly on A4 size paper.

Part IV

REGARDING RESPONSIBILITIES FOR IMPLEMENTATION, INSPECTION AND REPORTING SYSTEMS

INSPECTION AND REPORTING REGIME

1. The specialized agencies responsible for migration in the sending and receiving localities shall be responsible for state management of migration and organizing the implementation of planned resettlement projects within their territorial jurisdiction, and at the same time serve as the focal point for resolving support policies related to migration and handling complaints within their scope of responsibility (if applicable) and report annually on inspection and supervision work.

2. Local authorities in the sending locality shall handle the transfer of property rights, residential land, production land, household registration transfers; settle debts and outstanding issues in the place of origin according to current regulations before the migration takes place.

3. Local authorities in the receiving locality must promptly issue land use certificates and register household registrations for migrants upon arrival at the new location in accordance with current State regulations; and resolve disputes (if any).

4. Specialized agencies responsible for migration in the sending and receiving localities must strictly adhere to periodic reporting systems (quarterly, semi-annually, annually) on the implementation status and final settlement of migration costs in accordance with the State Budget Law and current financial documents.

Annual reports on the final settlement of migration costs must be accompanied by all relevant forms of the migration process for each type of subject; and have the responsibility to report and explain when there are decisions for surprise inspections or regular inspections.

During the implementation of the migration process, if there are difficulties, ministries, sectors, and localities must promptly reflect them to the Ministry of Agriculture and Rural Development for research, supplementation, adjustment, and amendment./.