Circular No. 19/2015/TT-BNNPTNT stipulates the procedure for arranging and stabilizing residents to implement the Program on Arranging Residents pursuant to Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister.

  CIRCULAR

Regulations on the Procedure for Arranging and Stabilizing Population Pursuant to the Population Relocation Program

pursuant to Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister

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Based on Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister approving the "Population Relocation Program for Areas Affected by Natural Disasters, Particularly Difficult Areas, Border Areas, Islands, Free Migration, Specialized Forest Zones for the Period 2013-2015 with Orientation to 2020";

At the proposal of the Director of the Department of Cooperative Economic and Rural Development;

The Minister of Agriculture and Rural Development issues this Circular to regulate the procedure for arranging and stabilizing population pursuant to the Population Relocation Program under Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the procedure for arranging and stabilizing population in areas affected by natural disasters, particularly difficult areas, border areas, islands, free migration, and specialized forest zones pursuant to Decision No. 1776/QĐ-TTg dated November 21, 2012 of the Prime Minister throughout the country until 2020.

Article 2. Applicability

This Circular applies to agencies, organizations, and households related to the work of arranging and stabilizing population pursuant to Decision No. 1776/QĐ-TTg of the Prime Minister.

Article 3. Principles of Implementation

1. Arrangement and stabilization of population must be carried out according to the planning and annual plans approved by competent authorities at each stage, ensuring stable living conditions, development of production, and sustainable poverty reduction in localities. Ensuring unity among ethnic groups within the community in the locality.

2. The procedure for arranging and stabilizing population serves as the basis for settling accounts and finalizing financial support for population relocation and stabilization according to current financial regulations; it also serves as the foundation for conducting inspections, audits, and evaluating the effectiveness of population arrangement and stabilization work.

Article 4. Definitions

1. Arrangement and stabilization of population within a district refers to the form of arranging and stabilizing population within the scope of one or more communes within a district.

2. Arrangement and stabilization of population outside the district but within the province refers to the form of arranging and stabilizing population from one district to another within the scope of a province.

3. Arrangement and stabilization of population outside the province refers to the form of arranging and stabilizing population from one province to another.

Chapter II

PROCEDURE FOR ARRANGING AND STABILIZING POPULATION

Article 5. Arrangement and Stabilization of Population Within a District

1. The People's Committee of the commune where the population moves from shall

a) Organize Propaganda and Mobilization: Based on the annual plan for arranging and stabilizing population assigned by competent authorities, the People's Committee of the commune organizes propaganda and mobilization (through various forms such as public address systems, meetings, and public notices at communal activity centers) so that people subject to population arrangement and stabilization understand clearly the Party and State policies regarding the Population Relocation Program and the objectives, projects, and plans.

b) Coordinate with project leaders to organize meetings of households in villages within the project area to implement the following contents:

- Publicize the policy and plan for arranging and stabilizing population, publicly disclose the support policies and benefits;

- Guide household heads to voluntarily submit applications to participate in population arrangement and stabilization projects and plans (hereinafter referred to as population arrangement and stabilization projects and plans);

- Compile a list of households that have submitted applications to participate in the projects and plans.

c) Establish a Review Board for Households Participating in Projects and Plans consisting of representatives from the commune People's Committee, village chiefs, representatives of political and social organizations in the commune, and project leaders to carry out the following tasks:

- Announce the list of households that have submitted applications to participate in the projects and plans;

- Conduct reviews and compile a list of households meeting the criteria of the projects and plans;

- Publicly announce the list of households to be arranged and stabilized (post the list at the commune People's Committee office, communal activity centers, and through the local broadcasting system) and resolve any objections. Within fifteen days from the date of announcement, finalize the list and send it to the commune People's Committee.

d) Send one set of files to the People's Committee of the district for issuance of the Decision on Arranging and Stabilizing Population to the project and plan areas via postal service or directly, the files include:

- Voluntary Application for Arranging and Stabilizing Population (Annex I issued together with this Circular);

- Minutes of the Household Review Meeting for Arranging and Stabilizing Population (Annex II issued together with this Circular);

- List of Households for Arranging and Stabilizing Population (Annex III issued together with this Circular);

- Report of the Commune People's Committee.

e) Based on the Decision on Arranging and Stabilizing Population to the project and plan areas issued by the People's Committee of the district, announce the list of households to be arranged and stabilized.

2. People's Committee of the Receiving Commune

Coordinate with the sending locality, project leaders, and representatives of households participating in the arrangement and stabilization to implement the following tasks:

a) Organize verification of the receiving area;

b) Organize implementation of the arrangement and stabilization of households in resettlement areas and mixed settlement areas according to approved projects and plans; guide households to develop production, stabilize living conditions, and build houses according to planning;

c) Clear land for housing and production or organize land transfer to allocate to incoming households;

d) Prepare minutes of the acceptance of households participating in projects and plans (Annex VII issued together with this Circular).

3. People's Committee at the district level

a) Direct departments under the People's Committee of the district responsible for population arrangement management:

- Receive files from the commune People's Committee and issue a receipt for the expected result immediately upon receipt of the files (for direct submission cases);

- Within thirty working days from the date of receiving complete and valid files from the commune People's Committee, assist the People's Committee of the district in reviewing the files and issuing the Decision on Arranging and Stabilizing Population to the project and plan areas; simultaneously send the aforementioned Decision to relevant levels and departments.

b) Direct relevant units to implement payment of policies and benefits to households approved for population arrangement and stabilization according to current regulations (Annex V issued together with this Circular).

c) Direct the People's Committee of the commune of origin and the commune of destination to carry out the handover of households for resettlement and population stabilization (Annex VI issued together with this Circular).

d) Direct the People's Committee of the commune to cooperate with the project owner to prepare the acceptance certificate (Annex VII issued together with this Circular).

Article 6. Resettlement and Population Stabilization Outside the District but Within the Province

1. The People's Committee of the commune where the population moves from shall

a) Implement according to the provisions at points a, b, c, and d of Clause 1, Article 5 of this Circular;

b) Based on the Decision on relocation to the project area, the plan of the People's Committee of the district of origin, and the Decision on receiving the population to the project area, the plan of the People's Committee of the district of destination, announce the list of households to be resettled and stabilized.

2. The People's Committee of the commune of destination: Implement according to the provisions of Clause 2, Article 5 of this Circular.

3. The People's Committee of the district of origin

a) Direct departments under the People's Committee of the district responsible for population arrangement management:

- Receive files from the commune People's Committee and issue a receipt for the expected result immediately upon receipt of the files (for direct submission cases);

- Within thirty working days from the date of receipt of complete and valid files from the People's Committee of the commune, assist the People's Committee of the district to organize the review of the files and submit the Decision on relocation to the project area and the resettlement plan to the People's Committee of the district for issuance; simultaneously advise the People's Committee of the district to issue a document (attached with the Decision on relocation to the project area and the resettlement plan) requesting the People's Committee of the district of destination to issue the Decision on receiving the resettlement and population stabilization to the project area and the plan.

b) Coordinate with the People's Committee of the district of destination to organize the handover and transfer households to the project area and the plan.

4. The People's Committee of the district of destination

a) Direct relevant departments under the management of the district to inspect the project area and the plan, and prepare the record (Annex IV issued together with this Circular);

b) Within thirty working days from the date of receipt of the document from the People's Committee of the district of origin, based on the resettlement and population stabilization plan assigned by the provincial People's Committee, organize the inspection of the reception area, examine, and issue the Decision on receiving the resettlement and population stabilization to the project area and the plan, and send the aforementioned Decision to relevant levels and departments;

c) Coordinate with the People's Committee of the district of origin to organize the reception of households into the project area and the plan (Annex VI issued together with this Circular);

d) Direct related units to implement the payment of policies to households according to current regulations (Annex V issued together with this Circular);

đ) Direct the preparation of the acceptance certificate (Annex VII issued together with this Circular).

Article 7. Resettlement and Population Stabilization Outside the Province

Based on the unified arrangement and stabilization of the population among provinces and with the agreement of the Ministry of Agriculture and Rural Development, the localities shall implement as follows:

1. The People's Committee of the commune of origin:

a) Implement according to the provisions at points a, b, c, and d of Clause 1, Article 5 of this Circular;

b) Based on the Decision on relocation to the project area and the plan of the provincial People's Committee of the origin province and the Decision on receiving the population to the project area and the plan of the provincial People's Committee of the destination province, announce the list of households to be resettled and stabilized.

2. The People's Committee of the commune of destination: Implement according to the provisions of Clause 2, Article 5 of this Circular.

3. The People's Committee of the district of origin

a) Direct departments under the People's Committee of the district responsible for population arrangement management:

- Receive files from the commune People's Committee and issue a receipt for the expected result immediately upon receipt of the files (for direct submission cases);

- Within thirty working days from the date of receipt of complete and valid files from the People's Committee of the commune, assist the People's Committee of the district to organize the review of the files.

b) Submit to the provincial People's Committee for examination and issuance of the Decision on relocation to the project area and the resettlement plan.

4. The People's Committee of the province of origin

a) Direct the specialized agency managing resettlement of the province:

- Receive the files from the People's Committee of the district;

- Within ten working days from the date of receipt of the document from the People's Committee of the district, compile and submit the Decision on relocation to the project area and the resettlement plan to the provincial People's Committee for issuance; simultaneously advise the provincial People's Committee to issue a document (attached with the Decision on relocation to the project area and the resettlement plan) requesting the People's Committee of the destination province to issue the Decision on receiving the resettlement and population stabilization to the project area and the plan.

b) Coordinate with the People's Committee of the destination province to organize the handover and transfer households to the project area and the plan.

5. The People's Committee of the province of destination

a) Direct the authorities in the project area and the plan to inspect the reception area and prepare the record (Annex IV issued together with this Circular);

b) Within thirty working days from the date of receipt of the document from the People's Committee of the origin province, based on the annual resettlement and population stabilization plan of the province, organize the inspection of the reception area, examine, and issue the Decision on receiving the resettlement and population stabilization to the project area and the plan;

c) Coordinate with the People's Committee of the origin province to organize the reception of households into the project area and the plan (Annex VI issued together with this Circular);

d) Direct related units to implement the payment of policies to households according to current regulations (Annex V issued together with this Circular);

đ) Direct the preparation of the acceptance certificate (Annex VII issued together with this Circular).

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of the Department of Cooperative Economy and Rural Development

The Department of Cooperative Economy and Rural Development shall assist the Minister of Agriculture and Rural Development in:

1. Proposing solutions and guiding the implementation of effective procedures for resettling residents.

2. Inspecting and supervising the implementation of resident resettlement procedures in localities.

3. Summarizing and reporting on the results of implementation.

Article 9. Responsibilities of the Provincial People's Committee

1. Directing relevant levels and sectors within the province to organize the implementation of resident resettlement procedures as stipulated in this Circular.

2. Conducting inspections, supervision, and evaluation of the implementation of resident resettlement procedures within their jurisdiction.

3. For households residing in areas prone to natural disasters, high-risk disaster zones, spontaneous migration, or special-use forests who do not voluntarily participate in resettlement, local authorities shall handle them according to current regulations and arrange them according to planning.

4. Summarizing and reporting on the results of implementing the Resident Resettlement Program periodically or urgently to the Ministry of Agriculture and Rural Development.

Article 10. Effective Date

1. This Circular takes effect from June 10, 2015, and replaces Circular No. 14/2010/TT-BNNPTNT dated March 19, 2010, issued by the Ministry of Agriculture and Rural Development "Regulations on Procedures for Resident Resettlement under Decision No. 193/2006/QĐ-TTg dated August 24, 2006, of the Prime Minister"; Article 1 of Circular No. 22/2011/TT-BNNPTNT dated April 6, 2011, issued by the Ministry of Agriculture and Rural Development "Amending and Supplementing Certain Provisions on Administrative Procedures in the Fields of Cooperative Economy and Rural Development, Commendation, and Scientific Research Project Management pursuant to Resolution No. 57/NQ-CP dated December 15, 2010"; Clause 1, Article 12 of Circular No. 03/2014/TT-BNNPTNT dated January 25, 2014, issued by the Ministry of Agriculture and Rural Development "Guidelines for Implementing Decision No. 1776/QĐ-TTg dated November 21, 2012, of the Prime Minister approving the Resident Resettlement Program for Areas Affected by Natural Disasters, Particularly Difficult Areas, Border Areas, Islands, Spontaneous Migration, and Special-Use Forests for the Period 2013-2015 and Orientations until 2020".

2. In case issues arise during implementation, localities shall promptly report to the Ministry of Agriculture and Rural Development for supplementation and adjustment./.