Decision No. 134/2004/QĐ-TTg On certain support policies for production land, residential land, housing, and living water for poor households of ethnic minorities with difficult living conditions

DECISION OF THE PRIME MINISTER

On certain support policies for production land, residential land, housing, and living water for poor households of ethnic minorities with difficult living conditions

For poor households of ethnic minorities with difficult living conditions

__________________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

At the proposal of the Minister, Head of the Committee for Ethnic Minorities, the Minister, Head of the Government Office, and the opinions of relevant ministries, sectors, and agencies: Agriculture and Rural Development (document No. 1409/BNN-HTX dated June 23, 2004); Committee for Ethnic Minorities (document No. 398/UBDT-CSDT dated June 28, 2004); Labor, Invalids, and Social Affairs (document No. 1986/LĐTBXH-BTXH dated June 21, 2004); Construction (document No. 934/BXD-QLN dated June 22, 2004); Natural Resources and Environment (document No. 2019/BTNMT-ĐKTKĐĐ dated June 22, 2004); Justice (document No. 975/TP-PLHS-HC dated June 22, 2004); Finance (document No. 7184/TC-NSNN dated June 29, 2004); National Assembly's Ethnic Council (document No. 443/CV-HĐDT dated June 17, 2004),

DECISION:

Article 1. Implementing certain support policies for production land, residential land, housing, and living water for poor households of ethnic minorities with difficult living conditions to achieve the goal of, along with the implementation of economic and social programs, the State directly supporting poor ethnic minority households to have the conditions to develop production, improve their lives, and quickly escape poverty.

1. Objectives:

Poor households of ethnic minorities residing permanently in place; these are households engaged in agriculture and forestry who do not have or do not have enough production land and residential land, and face difficulties with housing and living water.

2. Principles:

a) Directly provide production land, residential land, housing, and living water to poor households of ethnic minorities;

b) Ensure transparency and fairness for each household, village, and hamlet based on laws and State policies;

c) Be consistent with the customs and traditions of each ethnic group and region, preserving the cultural identity of each ethnic group; be suitable to practical conditions and linked to the planning and development of economic and social activities in each locality;

d) Households receiving support for production land, residential land, and housing must directly manage and use them for production development and improved living standards, contributing to poverty reduction. In special cases, if households receiving support for production land, residential land, and housing need to move elsewhere, they must prioritize transferring the right to use production land and residential land to local authorities to allocate to other poor ethnic minority households.

Those who transfer the right to use land without complying with this provision will have the State reclaim it without compensation and allocate it to households that do not have land or lack sufficient land.

Article 2. On Policies:

1. Regarding production land:

The minimum allocation of production land for one household is 0.5 hectares of terraced or hillside fields or 0.25 hectares of single-crop paddy fields or 0.15 hectares of double-crop paddy fields. Based on specific land funds, labor capacity, and number of family members of each household, and the financial capacity of the locality, the People's Committee of the province may consider and decide to allocate more production land to ethnic minority households.

2. Regarding residential land:

The minimum allocation of residential land area for each rural ethnic minority household is 200 square meters. Based on the residential land fund and the financial capacity of the locality, the People's Committee of the province may consider and decide to allocate more residential land to ethnic minority households.² The support for production land and residential land for poor households of the Khmer ethnic minority due to the characteristics of the Mekong Delta region, the State will have separate policies.

3. On Housing:

For poor ethnic minority households in place (including Khmer ethnic minorities) who currently do not have housing or have very temporary and dilapidated housing, the principle is: People build themselves, the State supports, and the community helps.

a) The central budget will support at a rate of VND 5 million per household for building housing. Depending on the situation and financial capacity, localities will provide additional support and mobilize community assistance.

b) For localities with forests and approved annual plans for wood harvesting, the provincial People's Committee is allowed to harvest wood according to regulations to support ethnic minorities in building housing. The specific amount of wood supported for each household for building housing is decided by the provincial People's Committee. Strictly prohibit the misuse of wood allocated for housing construction to cut down forests.

4. On Support for Living Water:

a) For scattered households of ethnic minorities in highland areas, rocky regions, and areas with difficult access to living water, the central budget will support 0.5 tons of cement per household for constructing rainwater storage tanks or support VND 300,000 per household for digging wells or creating sources of living water.

b) For centralized water supply projects: The central budget will support 100% for villages where 50% or more of the households are ethnic minorities; and support 50% for villages where 20% to less than 50% of the households are ethnic minorities. Localities must ensure sustainability and effectiveness when building centralized water supply projects for ethnic minorities.

The land fund to allocate to ethnic minority households lacking or insufficient in production land and residential land includes:

Article 3. 1. Land recovered by the State according to planning. Adjusted land assigned in state farms and forest farms;

2. Land recovered from state farms and forest farms currently managed but used inefficiently; land leased, rented, or lent;

3. Reclamation of barren hills and unused land;

4. Land recovered from ineffective businesses, misused land, or dissolved enterprises; land recovered from individuals occupying or illegally allocated land.

5. Land managed and used by state farms and forest farms which was previously used by local ethnic minorities should now be reallocated (including areas with industrial tree gardens and planted forests) to households that have not been allocated production land or do not have enough production land to continue managing and using according to general regulations. Specific allocation amounts are determined by the provincial People's Committee.

6. Land adjusted from households voluntarily transferring the right to use land.

6. Land adjusted from households that gift, transfer, or voluntarily convey the right to use land.

7. In cases where there is no agricultural land for production, forest land shall be allocated according to Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government on allocating and leasing forest land to organizations, households, and individuals for long-term use for forestry purposes, and in accordance with the provisions of the Land Law.

Article 4. Support for creating production land and residential land funds.

1. The central budget shall provide support for creating production land and residential land funds, including: Opening up new land, compensation when land is reclaimed, and purchasing back from households with excess land at an average rate of VND 5 million per hectare. Provinces shall make specific regulations based on their actual conditions.

2. Agricultural and Forestry Farms assigned the task of organizing production for ethnic minority households shall also receive central budget support for opening up new land at an average rate of VND 5 million per hectare; simultaneously providing capital for road construction, power grid investment, and small water conservancy projects.

Article 5. Sources of funding

1. The central budget shall ensure expenditures according to the support standards specified in this Decision.

2. Provincial budgets shall allocate at least 20% of the central budget guarantee amount, and mobilize additional legitimate sources of funding to implement the objectives and policies set forth herein.

3. Localities shall proactively allocate funds for land surveying and issuing land use rights certificates to ethnic minorities.

Article 6. Implementation:

1. The provincial People's Committee shall be directly and fully responsible for directing and organizing the implementation of support policies for production land, residential land, housing, and drinking water for poor ethnic minority households.

a) Publicly announce the criteria, target groups, and conduct investigations to establish lists of poor ethnic minority households that do not have or do not have sufficient production land and residential land, and face difficulties with housing and drinking water within their jurisdiction.

b) Develop and approve plans to resolve residential land, production land, housing, and drinking water issues for poor ethnic minority households in their province (including decisions to adjust and reclaim land from agricultural and forestry farms managed by ministries and units within their jurisdiction), and submit these plans to the Ministry of Planning and Investment and the Ministry of Finance for consolidation and submission to the Prime Minister for annual plan approval.

These tasks must be completed by the third quarter of 2004. In case of difficulties, they must report to the Prime Minister and relevant ministries and sectors for consideration and resolution.

c) Direct related agencies, local authorities at all levels, and coordinate with political-social organizations within their jurisdiction to effectively implement support policies for ethnic minority households, accelerate poverty reduction and improve their living standards.

d) Regularly inspect implementation to ensure that policies reach each ethnic minority household; prevent waste and corruption.

đ) By the end of 2006, the policies stipulated in this Decision must be basically implemented.

2. The Ministry of Agriculture and Rural Development shall direct, guide, and assist localities in constructing and improving small water conservancy projects, providing crop and livestock seeds, resolving rural drinking water and environmental sanitation issues, and promoting production development to reduce poverty.

3. The Ministry of Construction shall guide and urge localities to implement housing support policies for ethnic minority households.

4. Based on the approved plans for production land, residential land, housing, and drinking water by the provincial People's Committee Chairperson, the Ministry of Planning and Investment, in coordination with the Ministry of Finance, shall consolidate the plan and allocate supplementary targeted funds for localities in the state budget plan and estimate for 2005 and 2006, and submit it to the Prime Minister for approval.

5. The Ministry of Finance shall present to the Prime Minister for decision on specific policies regarding the recovery of production land from agricultural and forestry farms (including perennial orchards and planted forests) to allocate to poor ethnic minority households.

6. The National Ethnic Minorities Commission shall lead and coordinate with relevant ministries and sectors to guide, inspect, and urge the implementation of this Decision; regularly report to the Prime Minister.

7. Relevant ministries and sectors shall, within their functions and responsibilities, inspect and support localities in effectively implementing the policies stipulated in this Decision.

Article 7. This Decision shall take effect fifteen days after its publication in the Official Gazette. Decision No. 154/2002/QĐ-TTg dated November 12, 2002 of the Prime Minister on policies for ethnic minority households in place and households under policy in the Central Highlands region to purchase houses on credit is hereby repealed.

Article 8. Ministers of Ministries, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of provincial and municipal People's Committees directly under the Central Government shall be responsible for enforcing this Decision./.