Decision No. 140/1999/QĐ-BNN/DCDC On the contents and criteria for settlement

Pursuant to …;

Content and criteria for settlement

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 73/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 05/1998/QĐ-TTg dated January 14, 1998 of the Prime Minister on managing national target programs;

At the proposal of the Director of the Settlement Agency and New Economic Zones. 

Pursuant to …;

PART I

||| GENERAL PROVISIONS

Article 1. This Decision stipulates the content of settlement activities (Settlement), and criteria for identifying and classifying settlement targets, serving management and guidance of settlement work under new conditions, suitable to the current reality in mountainous areas of the country.

Article 2. Settlement is a major policy of the Party and State, an active and effective solution aimed at addressing shifting cultivation and nomadic residence (Shifting Cultivation and Nomadic Residence); developing the economy and society in mountainous regions, protecting natural resources and the environment.

Settlement work involves rearranging residents, organizing production, and building新农村建设针对的是仍然从事刀耕火种的少数民族家庭和村庄，旨在促进社会进步，巩固国防安全。这部分翻译内容与原文不符，需要纠正为：

Article 3. The objective of the settlement work is to create conditions for ethnic minority households living in mountainous areas who still practice shifting cultivation and forest clearance to have housing, agricultural land, or stable employment, gradually reduce poverty, and contribute to forest protection and environmental conservation.

Article 4. The tasks of the settlement work include mobilizing, guiding, assisting, and organizing ethnic minorities who still practice shifting cultivation and nomadic farming to establish settlement bases, stabilize production, and improve their livelihoods.

Article 5. The basic contents of the settlement work:

- Supporting households to establish stable means of production (mainly agricultural land including flat and sloping land), and developing production.

- Assisting in resettling residents and building new rural areas.

- Supporting investment in essential infrastructure to serve production and daily life.

- Developing local human resources, training and enhancing the capacity of grassroots cadres, and improving the knowledge and production skills of the people.

Article 6. The subjects of the settlement work are households and villages, communes, and districts where ethnic minority groups still practice shifting cultivation and nomadic farming or have settled but continue to engage in shifting cultivation.

Article 7. The terms in this decision shall be understood as follows:

- Shifting cultivation and nomadic farming refers to unstable forms of agriculture and residence, with livelihood mainly based on forest clearance for slash-and-burn farming to produce staple food through land exploitation, self-sufficiency.

- Settled shifting cultivation refers to a form where residents have stable residence, some agricultural land is stably cultivated, but production is insufficient for subsistence, requiring continued forest clearance for slash-and-burn farming.

- Stable agriculture and residence refers to a form where both agriculture and residence are stable, without further forest clearance for slash-and-burn farming, no longer practicing nomadic farming, and no longer experiencing food shortages. In this context, a household engaged in stable agriculture and residence has sufficient stable means of production (mainly agricultural land), and villages, communes, and districts engaged in stable agriculture and residence have sufficient essential infrastructure to ensure production and daily life.

- Stable means of production (mainly agricultural land) include:

+ Paddy fields, terraced fields, irrigated fields for long-term stable staple food production.

+ Land for planting industrial crops, specialty crops, fruit trees with income generation.

+ Pasture and ponds for livestock development.

+ Forests and forest land allocated for business operation or long-term management.

+ Residential land and household gardens.

- Essential infrastructure serving production and daily life includes:

+ Small and medium-sized water conservancy projects serving intensive farming.

+ Internal village roads between villages and communes serving travel, production, commodity circulation, and service provision for the population in the area.

+ Public welfare facilities such as schools, health clinics, medicine cabinets, and water supply systems ensuring education, healthcare, and improvement of cultural and spiritual life.

- Local human resource development involves creating conditions for people to enhance their understanding of all aspects of social life. Training and enhancing the capacity of grassroots cadres to organize production and manage society.

Chapter II

CONTENTS OF STABLE AGRICULTURE AND RESIDENCE IMPLEMENTATION

Article 8. Organize propaganda, mobilization, and dissemination of the Party and State's policies on settlement, good models and experiences in implementing settlement, and strengthen the activities of mass organizations to make people understand and voluntarily implement stable agriculture and residence.

Article 9. Conduct surveys to thoroughly understand the economic and social situation, the target areas for settlement, and develop comprehensive settlement plans for provinces and counties, and project plans for communes that align with overall development directions and the potential of land and labor in each area. Based on this, specific quarterly, annual, and long-term plans are established for implementation.

Article 10. Plan the allocation of land and seedlings suitable for staple food production, planting industrial crops, specialty crops, fruit trees, forestry, and the development of industries to ensure stable income replacing slash-and-burn farming.

Article 11. Resettle residents and build new rural areas. Guide people on how to calculate and operate effectively, implement agricultural and forestry extension programs, gradually introduce scientific and technological progress into production and daily life, create conditions for ethnic minorities to integrate into the general level of the region while preserving and promoting their ethnic identity.

Article 12. Implement the construction of essential infrastructure to serve production and daily life, ensuring sustainable settlement.

Article 13. Develop plans to train and enhance the capacity of grassroots cadres to organize production and manage society in settlement areas. Organize study tours, disseminate experiences, and improve the awareness of ethnic minorities.

Chapter III

CRITERIA FOR IDENTIFYING AND CLASSIFYING SETTLEMENT OBJECTIVES

Article 14. Criteria for identifying shifting cultivation and nomadic farming:

- A household practicing shifting cultivation and nomadic farming is a household with little or no stable agricultural land. The household's livelihood mainly depends on income from forest clearance for slash-and-burn farming (over 50%). Their residence is unstable and changes according to the slash-and-burn farming cycle.

- A village or commune practicing shifting cultivation and nomadic farming is a village or commune where at least 50% of households practice shifting cultivation and nomadic farming (compared to the total number of households in the village or commune).

Article 15. Criteria for identifying settled shifting cultivation:

- A household practicing settled shifting cultivation is a household with stable residence and some stable agricultural land. The household's livelihood mainly depends on income from stable agricultural land, accounting for 50% to less than 80% of total income.

- A village, commune, or district practicing settled shifting cultivation is a village, commune, or district where at least 50% of households practice settled shifting cultivation (compared to the total number of households in the village, commune, or district).

Villages, communes, or districts with less than 50% of households practicing settled shifting cultivation are considered to have households practicing settled shifting cultivation.

Article 16. - Criteria for identifying the subject of stable agriculture and residence:

- A village or commune is considered to be under the target of Settled Agriculture and Fixed Residence if at least 50% of its households, including both Floating Households and Settled Shifting Cultivation Households, meet this criterion.

A village or commune with less than 50% of its households being Floating Households and Settled Shifting Cultivation Households is considered to have households under the target of Settled Agriculture and Fixed Residence.

Article 17. - Criteria for determining basic completion of Settled Agriculture and Fixed Residence:

- A household that has basically completed Settled Agriculture and Fixed Residence is one that no longer experiences food shortages, does not clear forests for shifting cultivation, does not migrate, and is identified as follows:

+ Achieving 80% or more of the income value necessary for the household's livelihood derived from production on stable agricultural land.

+ Having normal living water supply.

+ Having a stable place of residence, a household garden, and livestock breeding.

- A village or commune that has basically completed Settled Agriculture and Fixed Residence is one where, after implementing Settled Agriculture and Fixed Residence, at least 85% of the households have basically completed Settled Agriculture and Fixed Residence (compared to the total number of households under the target of Settled Agriculture and Fixed Residence in that village or commune).

- Counties and provinces that have basically completed Settled Agriculture and Fixed Residence are those where, after implementing Settled Agriculture and Fixed Residence, at least 85% of the households have basically completed Settled Agriculture and Fixed Residence (compared to the total number of households under the target of Settled Agriculture and Fixed Residence in that county or province).

The State continues to provide support and invest in building infrastructure and developing production through other economic and social programs to ensure sustainable Settled Agriculture and Fixed Residence.

Chapter IV

ORGANIZATION AND IMPLEMENTATION

Article 18. The Department of Agriculture and Rural Development, the District Office (Board) for Settled Agriculture and Fixed Residence - New Economic Zones in provinces with targets of Settled Agriculture and Fixed Residence shall conduct reviews and classify the targets (Floating Households, Settled Shifting Cultivation Households, and households that have basically completed Settled Agriculture and Fixed Residence) based on the contents and criteria stipulated in this decision, serving as a basis for effective management and implementation of Settled Agriculture and Fixed Residence.

The Settlement and New Economic Zone Bureau assists the Ministry in organizing, guiding, inspecting, and urging the implementation at the grassroots level; quarterly, biannually, and annually compiling reports to the Ministry of Agriculture and Rural Development according to schedule.

Article 19. This Decision takes effect 15 days after the date of signature. All previous regulations contrary to this Decision are abolished.

Article 20. The Heads of the Ministry’s Office, Heads of subordinate units of the Ministry, Directors of Departments of Agriculture and Rural Development, Chiefs of District Offices (Boards) for Settled Agriculture and Fixed Residence - New Economic Zones in mountainous areas and those with mountainous regions are responsible for enforcing this Decision./.