Decision No. 190/2003/QĐ-TTg On policies for relocation to implement planning and resettlement of population for the period 2003-2010

DECISION

On the policy for population relocation to implement planning and resettlement during the period of 2003-2010

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PRIME MINISTER

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

Considering the proposal of the Minister of Agriculture and Rural Development (presentation No. 223/BNN-ĐCĐC dated January 30, 2003) and the opinions of the Ministries of Planning and Investment, Finance, Labor - Invalids and Social Affairs, National Defense, Public Security, Justice, and the Committee for Ethnic Minorities,

DECISION:

Article 1||| Approves the policy for population relocation to implement planning and resettlement during the period of 2003-2010, including the following contents:

1. Objectives:

From now until 2010, relocate, arrange, and stabilize the population in necessary areas to exploit labor potential, land, and develop agricultural, forestry, and fisheries production, solve employment issues, increase income, implement poverty reduction, improve living standards, and ensure political stability and social order and safety; minimize spontaneous migration; at the same time form new residential points with essential infrastructure to sustain economic, cultural, and social development for the people.

2. Scope of Application:

This policy applies to population relocation to implement planning and resettlement according to the State's plan in rural areas. In particular, the case of resettling and stabilizing the population in border communes between Vietnam and China shall be implemented in accordance with Decision No. 120/2003/QĐ-TTg dated June 11, 2003, of the Prime Minister.

3. Subjects of application:

a) Households required to relocate due to extremely difficult conditions for production and living, including: households engaged in shifting cultivation; households losing residential and production land due to natural disasters; households living in particularly difficult areas lacking production land and clean water; households relocating to economic-defense zones; and households that need to be relocated from special-use forests.

b) Households relocating to border communes and islands.

c) Officials, soldiers belonging to armed forces, volunteers, young intellectuals currently serving in relocation project areas who wish to bring their families (parents, spouse, children) to settle permanently or establish new families and voluntarily settle permanently in the project area.

d) Households voluntarily relocating to new economic zones to develop agricultural, forestry production, aquaculture, salt-making, and other industries.

d) Households spontaneously relocating and residing in natural forests, special-use forests, and protective forests that need to be relocated out of these areas.

4. General principles for implementing the policy:

a) The State creates conditions to build essential infrastructure and develop production services to encourage households to participate in land reclamation, agricultural and forestry production, aquaculture, salt-making, and other industries.

b) Concentrate investment and prioritize support for communities in project areas and households relocating to settle in border communes and islands, households in disaster-stricken areas, particularly difficult areas, and households that need to be relocated to stabilize production and living conditions for ethnic groups, minimizing spontaneous migration.

Article 2. Specific policies

1. Principles and content of support:

a) Residential and production land: The Project Management Board organizes land reclamation or assigns households to reclaim land to provide residential and production land for relocated households at the new settlement location. The People's Committee of the province (hereinafter referred to as the Provincial People's Committee) specifies the specific area of land allocated to households. The allocation of land and issuance of land use rights certificates to households are carried out in accordance with current regulations.

b) Costs for moving people, luggage, disease prevention medicines, and food during the move are calculated based on the distance moved.

c) Support for building or transferring houses from the old residence to the new settlement location.

d) Provide money to purchase food for the first 12 months after arriving at the project area.

đ) Construct wells or water pipes, water tanks.

e) Support for purchasing production tools; seeds for staple crops, fertilizers for the initial crop; training in agricultural, forestry, fisheries, and industrial extension.

In addition to the above support, relocated households when arriving at the new settlement location enjoy other benefits like local residents.

2. Specific levels of support:

a) For households relocating under the subjects specified in point a, b, c, Clause 3, Article 1 of this Decision, support is provided.

Support for land reclamation and construction of paddy fields or fixed plots: from VND 2 million/hectare to VND 5 million/hectare.

Households relocating to border communes: VND 15 million/household.

Households relocating to islands: from VND 50 million/household to VND 100 million/household.

Households relocating due to extremely difficult living and production conditions to projects within and outside the province: from VND 2 million/household to VND 8 million/household.

In addition to the aforementioned support, households relocating to low-lying areas in provinces in the Mekong Delta region will receive additional VND 700,000/household to purchase one boat as a means of transportation; households relocating from plains, midlands, and mountainous regions to highland areas will receive additional VND 500,000/household for relocation costs (the names of communes and districts in the highlands are defined by the Committee for Ethnic Minorities).

b) For households voluntarily relocating to new economic zones to develop agricultural, forestry production, aquaculture, salt-making, and other industries:

Self-fund relocation costs, housing construction, and production and living investments.

Regarding residential and production land: if the household is poor, the Project Management Board will organize land reclamation or assign the household to reclaim land for residential and production purposes, and the competent authority will allocate land without payment for land use. Other households will have the Project Management Board reclaim land for residential and production purposes, and the competent authority will allocate land with payment for land use or lease land in accordance with current regulations. The area of land allocated to households is determined by the Chairman of the Provincial People's Committee.

c) For households spontaneously residing in natural forests, special-use forests, and protective forests that need to be relocated out of these areas:

If the household voluntarily complies with the arrangement of local authorities at the destination, they will be considered for allocation of residential and production land according to the level and conditions set by the Chairman of the Provincial People's Committee.

In cases where households belong to ethnic minorities and their living conditions are extremely difficult, they shall be considered for additional financial support for relocation expenses, food purchases during the initial period, purchasing staple crop seeds, fertilizers, and addressing drinking water needs. The specific level of support shall be determined by the Chairman of the Provincial People's Committee but shall not exceed three million Vietnamese dong per household; they may also be considered for housing construction support in accordance with Decision No. 155/2002/QĐ-TTg dated November 12, 2002, of the Government on policies for households of ethnic minorities residing in place and households of ethnic minorities within the scope of policy in provinces in the Central Highlands to purchase houses on deferred payment terms.

For households that fail to comply with settlement arrangements made by local authorities at all levels, the Provincial People's Committee where the population has moved to shall carry out forced eviction from natural forests, special-use forests, protective forests, and notify the local authorities where the population has left to organize the return of the people to their original place of residence (where they have registered permanent household registration) and create conditions for the people to quickly stabilize their lives and production.

3. Support policies for communities in project areas:

a) The State shall support investment in infrastructure construction including: intra-regional transportation roads, small-scale irrigation works, classrooms, health stations, public water supply facilities, construction of low-voltage substations and power lines from the low-voltage substation to the center of residential areas or small hydropower stations in places with appropriate conditions, land reclamation for residential and production purposes in concentrated resettlement areas.

b) In communes receiving households as specified in Point a, Clause 3, Article 1 of this Decision, who settle through intermingling, the commune accepting the population shall be supported with a sum of twenty million Vietnamese dong per household to undertake the following tasks:

Adjusting residential and production land to allocate to new incoming households, including: land reclamation, compensation according to regulations when land is recovered from organizations and individuals currently using the land for allocation to households.

Constructing or upgrading essential infrastructure projects such as: classrooms, clinics, intra-field irrigation works, rural roads, public water supply facilities. The selection of additional construction or upgrading of projects must involve democratic discussion and consensus with the people in the commune or village.

Article 3. Responsibilities of relocated households:

a) Strictly adhere to the Party's guidelines and policies, state laws, and local government regulations in both departure and destination locations.

b) Fully comply with regulations on relocation, registration of household records and residency at the new settlement location; use land and resources in accordance with the law; unite, respect the customs, traditions, and beliefs of the ethnic communities at the new settlement location.

c) Use state-provided support funds in accordance with regulations and effectively.

Article 4. Regarding sources of investment capital:

The central budget shall invest in projects: relocating populations to border areas and islands; relocating due to extremely difficult production conditions; establishing new economic zones in areas with large, concentrated, undeveloped land capable of accommodating many residents from outside regions.

For projects stabilizing freely migrating populations, investment will be considered based on specific circumstances.

Local budgets shall invest in internal regional relocation projects to implement population resettlement plans, exploit undeveloped land to develop agricultural, forestry, and fisheries production, and develop industries.

Article 5. Implementation organization:

1. Responsibilities of ministries and sectors:

a) Ministry of Agriculture and Rural Development:

Lead and coordinate with relevant ministries and sectors and provincial People's Committees:

Develop planning and plans regarding relocation in the implementation of national population resettlement and distribution.

Inspect, supervise, and evaluate the implementation results of relocation plans in localities; propose solutions to organize management and effectively implement relocation policies in accordance with planning and population distribution.

Guide provincial People's Committees on planning and organizing management and implementation of relocation projects in accordance with current regulations.

Lead and coordinate with the Ministry of Finance to issue Circulars guiding the implementation of relocation policies stipulated in this Decision.

Build and strengthen specialized organizational systems from central to local levels to meet state management tasks related to relocation.

b) Ministries of Planning and Investment, Finance: compile long-term and annual plans on relocation in the implementation of planning and population distribution, submit them to the Prime Minister for approval; guide issues under the responsibility of each sector and allocate investment capital for approved relocation projects.

c) Ministries and sectors shall develop specific plans based on their functions and responsibilities to implement this Decision.

d) Request the Vietnam Fatherland Front Central Committee, political and social organizations to participate in mobilizing the people, supervising all levels and sectors in implementing the Party's guidelines and state laws on relocation in accordance with planning and population distribution.

2. Responsibilities of Provincial People's Committees:

a) Develop long-term and annual plans on relocation and population distribution, report to the Ministry of Agriculture and Rural Development and the Ministry of Planning and Investment for consolidation and submission to the Prime Minister for approval.

b) Direct the preparation, submission for approval by competent authorities, organization of implementation of relocation projects in accordance with planning and population distribution, announce projects, relocation policies, and guide the people's participation in implementation; annually compile the situation of relocation implementation and report to the Ministries of Agriculture and Rural Development, Planning and Investment, and Finance.

c) Supervise and inspect the management and implementation of projects in the province to ensure effectiveness in support and investment to create conditions for people to quickly stabilize production and life in the new settlement location.

d) Mobilize and integrate various sources of capital including development investment capital, public expenditure capital to invest in projects from the National Target Program on Poverty Reduction and Employment, Program 135...; allocate capital from the central budget and local budget, credit capital, and aid capital (if any) in the same area to implement projects and ensure investment effectiveness.

f) Detect, prevent, and strictly handle according to the law acts of fraud and inducement causing ethnic minorities to leave their homeland and migrate freely with negative consequences or violations of the law.

e) Establish and strengthen specialized agencies to perform relocation, planning, and population distribution tasks at the local level.

Article 6. This Decision takes effect fifteen days after its publication in the Official Gazette. All previous regulations that conflict with this Decision are hereby abolished.

Article 7. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Heads of relevant sectors, and Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decision./.