✦ Tóm lược thông minh
Circular No. 14/2010/TT-BNNPTNT stipulates the procedures for resettling and stabilizing residents according to Decision No. 193/2006/QD-TTg of the Prime Minister. This document applies to households eligible for residential resettlement and provides detailed regulations on preparatory work, relocation, reception of residents, as well as the system of forms required to be used.
Đối tượng áp dụng
Households implementing residential resettlement according to Prime Minister's Decisions: No. 193/2006/QD-TTg, No. 78/2008/QD-TTg, No. 120/2003/QD-TTg, and No. 160/2007/QD-TTg.
Các điểm cốt lõi
- Households eligible for residential resettlement according to Prime Minister's Decisions;
- Authorities responsible for residential resettlement must prepare and safely relocate people and assets to new locations;
- The receiving locality must allocate land, issue land use right certificates, and register household registration for households eligible for residential resettlement;
- Preparatory work at the place of departure includes reviewing the target group, determining needs, and developing plans;
- The form system includes eleven forms to be applied appropriately to the form of residential resettlement;
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps residents stabilize their lives and develop production in the new area;
- Negative impact: High costs for relocation and resettlement may cause financial difficulties for localities;
❓ Câu hỏi thường gặp
To which subjects does the residential resettlement procedure apply?
It applies to households implementing residential resettlement according to Prime Minister's Decisions;
What must the authorities responsible for residential resettlement prepare?
They must review the target group, determine needs, and develop plans for residential resettlement; contact the local authorities at both the place of departure and destination to organize surveys and inspections of the areas receiving residents;
How is the receiving locality supported?
Allocation of residential land, production land, issuance of land use right certificates; registration of household registration for households undergoing residential resettlement;
What does the form system include?
It includes eleven forms to be applied appropriately to the form of residential resettlement;
When does this circular take effect?
It takes effect 45 days from the date of signature and replaces Decision No. 12/2005/QD-BNN.
Toàn văn
CIRCULAR
Specifies the procedures for resettling and stabilizing residents to implement the population resettlement program pursuant to Decision No. 193/2006/QĐ-TTg dated August 24, 2006, of the Government Prime Minister.
Based on Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Based on Decision No. 193/2006/QĐ-TTg dated August 24, 2006, of the Government Prime Minister approving the "Population Resettlement Program for Areas Affected by Natural Disasters, Particularly Difficult Conditions, Border Areas, Islands, Free Migration, Highly Vulnerable and Very Vulnerable Protective Forests, Strictly Protected Areas of Special-Use Forests for the Period 2006-2010 and Orientation to 2015";
Based on Decision No. 78/2008/QĐ-TTg dated June 10, 2008, of the Government on certain policies to implement the Population Resettlement Program pursuant to Decision No. 193/2006/QĐ-TTg dated August 24, 2006, of the Government Prime Minister,
The Ministry of Agriculture and Rural Development hereby promulgates the Procedures for Resettling and Stabilizing Residents to Implement the Population Resettlement Program pursuant to Decision No. 193/2006/QĐ-TTg dated August 24, 2006, of the Government Prime Minister as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Application
This Circular stipulates the implementation of the procedures for resettling and stabilizing residents in areas affected by natural disasters, particularly difficult conditions, border areas, islands, free migration, highly vulnerable and very vulnerable protective forests, strictly protected areas of special-use forests according to Decision No. 193/2006/QĐ-TTg dated August 24, 2006, of the Government Prime Minister throughout the country.
Article 2. Principles for implementing the procedures for resettling and stabilizing residents
1. The procedures for resettling and stabilizing residents are a system of legal provisions applied in organizing the implementation of population resettlement programs pursuant to Decision No. 193/2006/QĐ-TTg dated August 24, 2006, of the Government Prime Minister.
2. The procedures for resettling and stabilizing residents serve as a legal basis for settling accounts and finalizing financial support for population resettlement according to current financial regulations; they also serve as a basis for inspection, auditing, and evaluating the quality and effectiveness of population resettlement work.
3. The organization of resettling and stabilizing residents must ensure compliance with the objectives and contents of the project approved by the competent authority and according to the annual national plan.
4. The receiving area must meet basic conditions regarding infrastructure, land, water resources, and other necessary conditions for residents to stabilize their lives, develop production, and ensure ecological environment.
5. Households resettled and stabilized in the project area shall be allocated residential land and production land; granted land use rights certificates; resolved issues related to transferring and registering household registration; provided vocational training.
6. Localities sending residents out and receiving them must promptly provide financial support for resettling and stabilizing residents to households that have been resettled and stabilized according to current policy regulations.
7. Local agencies responsible for managing and implementing population resettlement work have the responsibility to coordinate with relevant sectors, local authorities at all levels, and project owners to organize the implementation of the procedures for resettling and stabilizing residents.
8. Cases of violation of the procedures must be dealt with strictly in accordance with the law.
Article 3. Subjects to which the procedure for resettlement and stabilization of residents applies
1. The subjects to which the procedure for resettlement and stabilization of residents applies are households implementing resettlement and stabilization of residents pursuant to Decisions of the Prime Minister: Decision No. 193/2006/QĐ-TTg dated August 24, 2006 (referred to as Decision No. 193/2006/QĐ-TTg), Decision No. 78/2008/QĐ-TTg dated June 10, 2008 (referred to as Decision No. 78/2008/QĐ-TTg), Decision No. 120/2003/QĐ-TTg dated June 11, 2003 (referred to as Decision No. 120/2003/QĐ-TTg), and Decision No. 160/2007/QĐ-TTg dated October 17, 2007 (referred to as Decision No. 160/2007/QĐ-TTg).
2. Households subject to resettlement and stabilization must have a legal household registration confirmed by the police authority, approved by the competent authority according to the annual plan. In cases where they are free migrants residing in natural forests, special-use forests, protective forests and now moving to planned areas or returning to their original places of residence, they must be confirmed by forest management authorities, arranged and stabilized by specialized agencies and approved by local authorities according to the annual plan.
3. Areas receiving intermixed resettlement: are regions without Resettlement and Stabilization Projects as stipulated in Clause 3, Article 1 of Decision No. 193/2006/QĐ-TTg dated August 24, 2006 of the Prime Minister, but with conditions to accept households coming to intermix according to planning and plans, falling under the provisions of Point 1 of this Clause.
Article 4. Forms of resettlement and stabilization of residents
1. By organizational form: there are two types
a) Concentrated resettlement and stabilization: is a form organized by local authorities for households within the scope of Clause 1, Section 3, Part I of this Procedure to move to project areas according to the annual plan.
b) Intermixed resettlement and stabilization: is a form where households within the scope of Clause 1, Article 3, Chapter I of this Procedure move to areas receiving intermixed resettlement as stipulated in Clause 3, Article 3, Chapter I of this Procedure.
2. By territorial area: there are three types
a) Resettlement within the project area: is a form where households are resettled within the boundaries of a project area planned for population resettlement.
b) Resettlement within the province: is a form where households are resettled from outside the project area into the project area of a province.
c) Resettlement outside the province: is a form where households are resettled from one province to another.
Chapter II
SPECIFIC PROVISIONS
Article 5. Preparation phase for resettlement and stabilization of residents
1. Propaganda and mobilization work
Local management and implementation agencies for resettlement and stabilization of residents coordinate with local authorities at both departure and destination locations:
a) Conduct propaganda and mobilization combined with disseminating policies on resettlement and stabilization of residents to households in areas affected by natural disasters, particularly difficult conditions, border areas, islands, spontaneous migration, fragile and very fragile protective forests, strict protection zones of special-use forests that need to be resettled and stabilized.
b) Provide households with all necessary information about the resettlement and stabilization area (including advantages and difficulties) such as land, water sources, climate, economic conditions, and other factors related to production and living conditions of residents.
2. Preparation work at the place of departure (departure location)
a) Management and implementation agencies for resettlement and stabilization of residents
- Review subjects, determine needs, develop the local resettlement and stabilization plan, and prioritize urgent relocation households. The resettlement and stabilization plan should clearly define subjects based on resettlement forms as a basis for resolving support policies.
- Contact and specifically identify reception areas, coordinate with local authorities at both departure and destination locations and representatives of households to organize surveys and inspections of reception areas, ensuring basic minimum conditions for people's lives; prepare inspection records of project areas implementing planning, resettlement, and stabilization.
- Coordinate with local authorities at the departure location to guide heads of households in completing necessary procedures such as voluntary resettlement and stabilization applications in project areas or to intermixed reception areas and other required procedures.
- Coordinate with relevant departments and local authorities to prepare funding for resettlement and stabilization of residents (including central government budget funds, local government budget funds, and other legitimate sources).
- Publicize financial matters and resolve initial support policies for households undergoing resettlement and stabilization.
- Complete forms, prepare accounting documents to settle accounts and report after each relocation period. Coordinate with relevant agencies to organize lessons learned from the entire relocation period and prepare for subsequent resettlement and stabilization periods (if any).
- Develop plans and cost standards for managing the Program serving propaganda, printing forms, inspections... according to Decision No. 193/2006/QĐ-TTg and submit to the People's Committee of the province for approval and allocation according to the annual plan.
b) Local authorities at the departure location
- The People's Committee of the commune collects voluntary resettlement and stabilization applications, establishes a review board, compiles a list of households moving to project areas or intermixed reception communes (Model No. 3), reports to the competent authority for approval according to the assigned targets and indicators of the annual resettlement and stabilization plan.
- The People's Committee of the district (city) issues decisions on resettlement and stabilization and directs specialized departments and commune People's Committees to guide households in the following tasks: transferring assets, residential land, production land, settling debts and remaining issues in the old hometown (if any), preparing capital, seeds, livestock, production tools, and essential living supplies suitable for new conditions; handling household registration transfer procedures for resettled and stabilized households.
- Mobilize local resources to provide additional support to households undergoing resettlement and stabilization.
3. Preparation work at the planned reception location (destination location)
Management and implementation agencies for resettlement and stabilization of residents coordinate with local authorities to organize the implementation of the following tasks:
a) On the basis of land use planning and planning for residential points, the needs for resettling and stabilizing residents shall be used to conduct detailed planning for resettlement areas; establish, review, approve investment projects for resettling and stabilizing residents or economic and technical reports on resettling residents or investment reports on interwoven resettlement according to regulations. These projects, economic and technical reports on resettling and stabilizing residents, and investment reports on interwoven resettlement must seek opinions from the community of residents who will move out and move in before approval; at the same time, written participation opinions from the Ministry of Agriculture and Rural Development (for projects with a scale of receiving 50 households or more) regarding objectives, total investment amount, and systems of solutions ensuring unified management of project directories nationwide shall be obtained.
b) Develop plans for constructing essential facilities in resettlement areas such as land clearance, leveling of residential land surfaces, transportation, small water conservancy works, potable water supply, school classrooms, medical facilities, and other facilities based on actual requirements. At the same time, measures shall be taken to mobilize funds from existing programs and projects in the area; other legitimate sources of funding shall be mobilized to invest in comprehensive infrastructure for resettlement areas before relocating residents.
Coordinate with local authorities where residents are moving from, investors, and representatives of households being resettled and stabilized to organize inspections of the receiving areas.
Develop plans for receiving residents and state budget funds directly supporting households at the receiving location. Based on approved annual reception plans by competent authorities, organize the implementation of resettlement and stabilization of residents in resettlement areas; guide households to organize production development, stabilize their livelihoods, and construct housing according to planning.
Open up residential and production land or organize the transfer of land to households being resettled and stabilized.
Integrate current policies on housing, production development, vocational training... to support households being resettled and stabilized to quickly stabilize their lives and production in resettlement areas.
4. Certain provisions applicable to specific cases
In addition to the provisions in Clauses 1, 2, and 3 above, certain specific cases shall be implemented as follows:
a) For the work of resettling and stabilizing residents in areas managed by the Ministry of National Defense for socio-economic development projects, it shall be carried out according to this Resettlement and Stabilization Procedure and Circular Jointly Issued No. 09/2003/TTLT-BNN-BQP dated January 3, 2003, by the Ministry of Agriculture and Rural Development and the Ministry of National Defense.
b) For self-migrating households currently residing in natural forests, special-use forests, protective forests, which need to be relocated out of these forest areas, the local resident resettlement management agency shall cooperate with the Forest Protection Agency, Forest Management Board, District People's Committee, and Commune People's Committee to investigate, classify subjects, develop resettlement and stabilization plans, and organize the relocation of residents out of the forests to planned areas.
c) For localities receiving interwoven resettlements
Based on the indicators of plans for receiving interwoven resettlements of communes, the provincial resident resettlement management agency shall coordinate with local government levels to inspect the receiving areas, compile, and submit to the District People's Committee for decisions to receive households being resettled and stabilized.
d) For households that need to be relocated due to natural disasters, ethnic minority households in particularly difficult areas when arriving at resettlement areas, land use fees shall be exempted according to Article 12 of Decree No. 198/2004/NĐ-CP dated December 3, 2004, of the Government on "Collecting Land Use Fees".
The handling of support policies for intra-provincial (same district) resettlement and stabilization within project areas according to current regulations shall be carried out by specialized agencies responsible for resettlement and stabilization in each locality.
Article 6. Relocation Phase
The management and implementation agencies responsible for resettling and stabilizing the local population at the place of departure shall be tasked with developing plans for resettlement and stabilization of the population, coordinating with the local authorities at the place of departure to organize safe relocation of people and assets from their previous residences to new settlement areas.
Article 7. Reception Phase for Resettlement and Stabilization of Population
1. Management agency for resettlement and stabilization at the destination
a) Verify the list of households for resettlement and stabilization according to each category.
b) Prepare minutes of handover of households for resettlement and stabilization arriving at the project area.
c) Coordinate with the project owner to allocate households for resettlement and stabilization into the designated resettlement area according to the plan.
d) Implement support policies for initial arrival for households for resettlement and stabilization arriving at the project area as stipulated by current regulations.
đ) Complete all forms, prepare necessary documents and ledgers for settlement and reporting after each wave of population transfer. Coordinate with relevant agencies to organize lessons learned for the entire reception phase and prepare for the next reception phase (if applicable).
2. Local authorities at the destination
a) The People's Committee of the district (city) shall issue a decision on the number of households - workers - population actually arriving at the project area.
b) Process registration of permanent residence for households for resettlement and stabilization actually arriving.
c) Allocate residential land, agricultural and forestry production land... according to the project planning and process issuance of land use rights certificates for households for resettlement and stabilization; simultaneously organize effective agricultural extension, forestry extension, fishery extension activities and implement other support policies to help residents quickly stabilize their lives and develop production.
d) In regions where projects have been approved but not organized for concentrated land reclamation, based on the land fund of each project area, local authorities together with the project owner will proceed to allocate unused land to households for resettlement and stabilization to reclaim and bring into agricultural and forestry production at actual levels of the locality but not exceeding the current provisions of the Land Law. Support costs for reclamation for households that are accepted and paid according to current state regulations.
đ) Coordinate with the project investor and local authorities to guide households in implementing reclamation, agricultural extension, forestry extension, fishery extension and village rules for forest protection, ecological environment and other necessary matters regarding customs, traditions, and living habits in the new settlement area.
3. Both sending and receiving localities, and project owners must resolve difficulties related to production and living conditions for households for resettlement and stabilization during the early period of settling in the new location.
Chapter III
SYSTEM OF FORMS
Article 8. System of Forms
The system of forms includes: 11 forms, which are applied appropriately according to the form of resettlement and stabilization of population as prescribed in Article 4.
1. Form No. 1: Minutes of inspection of the project area for out-of-province resettlement and stabilization of population.
2. Form No. 2: Voluntary Resettlement and Stabilization Application Form
(Applicable to resettlement and stabilization subjects)
3. Form No. 3: List of households for resettlement and stabilization.
4. Form No. 4: Decision of the District/Municipal People's Committee (for cases of in-province resettlement and stabilization) or of the Provincial People's Committee (for cases of out-of-province resettlement and stabilization) on resettlement and stabilization of population to the project area (or to the receiving commune).
(For intra-district or intra-project area resettlement within the province, only this decision needs to be made and added to Clause 1 stating "Now relocate and receive...", without needing the Reception Decision according to Form No. 7)
5. Form No. 5: List of households for resettlement and stabilization benefiting from support policies at the place of departure (applicable to out-of-province and intra-province [different districts] resettlement and stabilization).
(If there are households from multiple communes in one resettlement and stabilization phase, each commune prepares its own list.)
6. Form No. 6: Minutes of reception and acceptance of households for resettlement and stabilization.
(This form does not need to be prepared if the population is relocated within the same commune or within the project area.)
7. Form No. 7: Decision of the District/Municipal People's Committee (for cases of in-province resettlement and stabilization) or of the Provincial People's Committee (for cases of out-of-province resettlement and stabilization) on reception of households for resettlement and stabilization to the project area.
(This decision is only made for inter-district resettlement within the province or out-of-province resettlement and stabilization.)
8. Form No. 8: List of households for resettlement and stabilization benefiting from support policies at the place of arrival (applicable to out-of-province and intra-province [different districts] resettlement and stabilization).
9. Form No. 9: List of households for resettlement and stabilization benefiting from support policies at both places of departure and arrival (applicable to intra-province [same district] or intra-project area resettlement and stabilization).
10. Form No. 10: Minutes of inspection of the project area in cases of receiving population through inter-commune resettlement.
11. Form No. 11: Decision of the District/Municipal People's Committee on reception of households for resettlement and stabilization to the commune through inter-commune resettlement.
12. Paper Size of Forms: All forms use a uniform A4 paper size.
Article 9. Forms to be applied for resettlement and stabilization of residents
1. For the form of resettlement and stabilization of residents within the project area: apply forms number 2, 3, 4, and 9.
2. For the form of resettlement and stabilization of residents within the province but in the same district: apply forms number 2, 3, 4, and 9.
3. For the form of resettlement and stabilization of residents within the province but in different districts: apply forms number 2, 3, 4, 5, 6, 7, and 8.
4. For the form of resettlement and stabilization of residents outside the province: apply forms number 1, 2, 3, 4, 5, 7, and 8.
5. For the form of resettlement and stabilization of residents to villages receiving mixed population in the same district: apply forms number 2, 3, 9, 10, and 11.
6. For the form of resettlement and stabilization of residents to villages receiving mixed population in different districts: apply forms number 2, 3, 4, 5, 6, 10, and 11.
Chapter IV
IMPLEMENTATION
Article 10. Responsibilities of management agencies for resettlement and stabilization of residents at localities
The management agencies for resettlement and stabilization of residents at localities (both sending and receiving areas) are the Departments of Agriculture and Rural Development (the permanent bodies of the provincial-level resettlement program) responsible for coordinating with relevant units to direct and guide the implementation:
1. State management over resettlement and stabilization of residents and organization of implementation of planning and resettlement projects on the territorial area, while being the focal point for handling support policies for resettlement and stabilization of residents and resolving complaints and petitions related to their responsibilities (if any), and reporting annually on inspection and audit work.
2. Strictly implementing periodic reporting systems (quarterly, semi-annually, annually) on the implementation status, final settlement of resettlement and stabilization funds according to the provisions of the Budget Law and current financial regulations. Annual final settlement reports on resettlement and stabilization funds must be attached with all forms of the resettlement and stabilization process for each type of beneficiary; simultaneously, they have the responsibility to report and explain when there are sudden or regular inspections and audits.
Article 11. Responsibilities of local authorities
1. Local authorities where residents are relocated and stabilized shall resolve the transfer of assets, residential land, production land, and household registration; settle debts and outstanding issues in the original place according to current regulations for households before relocation.
2. Local authorities where residents are received must promptly handle land allocation, issuance of land use rights certificates, and household registration for relocated and stabilized households upon arrival at the new location according to current state regulations; simultaneously resolving disputes (if any).
3. Both sending and receiving localities must ensure compliance with administrative procedures at various levels of government within the province when applying the forms stipulated in this Circular.
Article 12. Effectiveness of the Circular
1. This Circular takes effect 45 days from the date of signature and replaces Decision No. 12/2005/QĐ-BNN dated March 14, 2005, issued by the Minister of Agriculture and Rural Development regarding the issuance of the Resettlement Process.
2. During the implementation of the process, if there are difficulties, ministries, sectors, and localities should promptly reflect them to the Ministry of Agriculture and Rural Development for research, supplementation, adjustment, and amendment. /
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Expired
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Văn bản này có sẵn ở các ngôn ngữ sau:
Tiếng Việt
Thông tư số 14/2010/TT-BNNPTNT Quy định quy trình bố trí, ổn định dân cư thực hiện chương trình bố trí dân cư theo Quyết định số 193/2006/QĐ-TTG ngày 24 tháng 8 năm 2006 của Thủ tướng Chính phủ
한국어
시행령 제 14/2010/TT-BNNPTNT 은 총리령 제 193/2006/QĐ-TTG 호에 따른 주민 정착 및 안정화 프로그램을 수행하기 위한 주민 배치 절차를 규정함.
中文
通知第14/2010/TT-BNNPTNT号关于根据政府第193/2006/QĐ-TTG号决定实施居民安置规划程序的规定