Circular No. 21/2007/TT-BNN guiding the implementation of certain contents of Decision No. 193/2006/QĐ-TTg dated August 24, 2006 of the Prime Minister approving the "Program for resettling residents in areas affected by natural disasters, extremely difficult conditions, border regions, islands, spontaneous migration, and highly vulnerable protective forest areas from 2006 to 2010 with orientation towards 2015".

CIRCULAR

GUIDING THE IMPLEMENTATION OF CERTAIN CONTENTS OF DECISION NO. 193/2006/QD-TTg dated August 24, 2006 of the Prime Minister approving the "Program for Resettling Population in Areas Affected by Natural Disasters, Particularly Difficult Conditions, Border Areas, Islands, Free Migration, Weak and Very Weak Protective Forests, Strictly Protected Special-Use Forests for the Period 2006-2010 with Orientation to 2015" BASED ON Decree No. 86/2003/NĐ-CP dated July 18, 2003 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/QD-TTg dated August 24, 2006 of the Prime Minister approving the "Program for Resettling Population in Areas Affected by Natural Disasters, Particularly Difficult Conditions, Border Areas, Islands, Free Migration, Weak and Very Weak Protective Forests, Strictly Protected Special-Use Forests for the Period 2006-2010 with Orientation to 2015"; The Ministry of Agriculture and Rural Development guides the implementation of certain contents of Decision No. 193/2006/QD-TTg dated August 24, 2006 of the Prime Minister approving the "Program for Resettling Population in Areas Affected by Natural Disasters, Particularly Difficult Conditions, Border Areas, Islands, Free Migration, Weak and Very Weak Protective Forests, Strictly Protected Special-Use Forests for the Period 2006-2010 with Orientation to 2015" as follows: This Circular guides the implementation of certain contents of the "Program for Resettling Population in Areas Affected by Natural Disasters, Particularly Difficult Conditions, Border Areas, Islands, Free Migration, Weak and Very Weak Protective Forests, Strictly Protected Special-Use Forests for the Period 2006-2010 with Orientation to 2015" according to Decision No. 193/2006/QD-TTg dated August 24, 2006 of the Prime Minister (hereinafter referred to as the Program for Resettling Population) including points of population residing in areas that need to be resettled and rearranged such as natural disaster areas, particularly difficult conditions, border areas, islands, free migration, weak and very weak protective forests, strictly protected special-use forests.

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2. PRINCIPLES: Implementing the Program for Resettling Population must ensure the principles prescribed in Point 2, Article 1 of Decision No. 193/2006/QD-TTg dated August 24, 2006.

3. CRITERIA FOR SELECTING AREAS FOR RESIDENTIAL RELOCATION AND REARRANGEMENT:

3.1. NATURAL DISASTER AREAS: These are areas frequently threatened by natural disasters and areas with high risk of natural disasters such as riverbank erosion, coastal erosion, flash floods, landslides, land subsidence, flooding, tornadoes, tsunamis.

Part I
GENERAL PROVISIONS

Article 1. Scope of Application:

3.2. AREAS WITH PARTICULARLY DIFFICULT LIVING CONDITIONS: These are areas with a high poverty rate, lacking agricultural land, irrigation water, clean drinking water, infrastructure, but without conditions to change crop structures, develop industries, or receive investment support to stabilize the population, specifically:

a) Regarding lack of agricultural land:

- In plains: Areas where more than 40% of farming households have an average area of agricultural land lower than the provincial average (as decided by the province).

- In midlands, mountains, and Central Highlands: Areas where the average agricultural land of a household is less than 0.5 hectares (for upland fields) or 0.25 hectares (for single-crop paddy fields) or 0.15 hectares (for double-crop paddy fields).

b) Areas lacking irrigation water are those where the capacity of irrigation facilities only meets 30% to 50% of the irrigated land area required by households in the region or regions without irrigation systems.

c) Areas lacking clean drinking water are those where more than 50% of households in the region do not have a sanitary water supply system (such as regions often suffering from drought, pollution, mountainous areas, coastal areas, islands) or have not been supplied with clean water meeting National Standard 09/2005/QĐ-BYT dated March 11, 2005 of the Ministry of Health at a rate of 60 liters per person per day.

d) Areas lacking essential infrastructure: Areas lacking or having temporary infrastructure for six out of ten types of essential infrastructure projects (*).

(*) Ten types of essential infrastructure projects: Class B roads to the center of communes, power grid, schools, health clinics, small-scale irrigation works, clean drinking water, cultural houses, markets, radio stations, commune offices.

đ) Areas with poor communes according to the criteria specified in Decision No. 587/2002/QĐ-LĐTBXH dated May 22, 2002 of the Ministry of Labor, Invalids, and Social Affairs.

e) Areas with a poverty rate of 50% or higher.

g) Fishing villages on rivers, lakes, and estuaries that cannot stabilize their livelihoods and wish to shift to agricultural production.

Provincial People's Committees shall consider and decide on the selection of residential relocation and rearrangement in particularly difficult areas based on the above criteria (at least three out of seven criteria), in accordance with the planning and development plans for economic and social development in the locality and the annual state budget support.

3.3. STRICTLY PROTECTED AREAS OF SPECIAL-USE FORESTS: As stipulated in Clause 16, Article 3 of the Law on Protection and Development of Forests No. 29/2004/QH11 of the National Assembly and Decision No. 62/2005/QĐ-BNN dated October 12, 2005 of the Ministry of Agriculture and Rural Development promulgating the "Criteria for Classification of Special-Use Forests".

3.4. WEAK AND VERY WEAK AREAS OF PROTECTIVE FORESTS:

As stipulated in Decision No. 61/2005/QĐ-BNN dated October 12, 2005 of the Ministry of Agriculture and Rural Development promulgating the "Criteria for Classification of Protective Forests".

Depending on the degree of weakness, very weakness, and strict protection of protective forests and special-use forests, Provincial People's Committees shall consider and decide to select forms of residential stabilization in place or relocation outside the forest to ensure long-term living conditions for households, in line with the provincial economic and social development plan and regulations on forest protection and development.

I. PROJECTS IMPLEMENTING DECISION 193/2006/QD-TTG DATED AUGUST 24, 2006

OF THE PRIME MINISTER

1. Types of Projects:

Depending on the degree of vulnerability, high vulnerability, and strict protection of protective forests and special-use forests, the People's Committee of the province or centrally governed city shall consider and decide to choose the form of arranging and stabilizing the local population or relocating them out of the forest to ensure a long-term livelihood for households, in accordance with the socio-economic development plan of the province or centrally governed city and regulations on forest protection and development.

Part II
SPECIFIC PROVISIONS

I. PROJECTS IMPLEMENTING DECREE 193/2006/QD-TTg OF AUGUST 24, 2006
OF THE PRIME MINISTER

1. Types of Projects:

The Residential Arrangement Program for the period of 2006-2010 and orientation to 2015 has four tasks. The tasks of the Program are implemented through specific projects as stipulated in Clause 3, Article 1 of Decision No. 193/2006/QĐ-TTg dated August 24, 2006. To effectively achieve the objectives of the Program, first, during the period from now until 2010, it is necessary to prioritize the following projects in the following order:

a) Project on arranging and resettling residents in disaster-prone areas and extremely difficult regions;

b) Project on stabilizing residents in border and island areas;

c) Project on arranging and stabilizing free migrants;

d) Project on arranging residents in highly vulnerable and very vulnerable forest protection zones and strictly protected special-use forest zones.

In cases where there are multiple target groups requiring arrangement and resettlement within a planned residential area such as disaster-prone areas, extremely difficult regions, free migrants, border areas, islands, highly vulnerable and very vulnerable forest protection zones, and strictly protected special-use forest zones, a combined project should be established targeting the group with the highest number of households among the four types of projects mentioned above.

2. Objectives of the projects:

2.1. Households that are reorganized and resettled according to centralized relocation, intermixed settlement, and in-place stabilization plans in disaster-prone areas, extremely difficult regions, border areas, islands, free migration areas, highly vulnerable and very vulnerable forest protection zones, and strictly protected special-use forest zones as per the annual national plan include:

2.1.1. Households needing arrangement and resettlement in disaster-prone areas and extremely difficult regions:

a) Households losing land for residence and production due to landslides;

b) Households living in areas at risk of riverbank and seashore erosion;

c) Households living in areas at risk of flash floods, debris flows, landslides, and mountain collapses;

d) Households living in areas frequently flooded, hit by tornadoes, and tsunamis;

đ) Households living in extremely difficult regions regarding livelihood such as lack of production land, water for production and daily use, infrastructure facilities, and households living in poverty in floating villages and riverside settlements.

2.1.2. Households needing arrangement and stabilization in border and island areas:

a) Households voluntarily settling long-term and those stabilized in place in borderland and island communes across the country;

b) Households moving to areas implementing resident arrangement projects in border and island areas managed by the Ministry of National Defense.

2.1.3. Free migrants needing arrangement and stabilization:

a) Households residing in difficult areas at risk of free migration;

b) Migrants who have already moved freely to scattered locations nationwide and require arrangement and stabilization in planned project areas.

2.1.4. Households needing arrangement and resettlement in highly vulnerable and very vulnerable forest protection zones and strictly protected special-use forest zones:

a) Households currently legally residing in highly vulnerable and very vulnerable forest protection zones and strictly protected special-use forest zones.

b) Free migrants residing without planning in highly vulnerable and very vulnerable forest protection zones and strictly protected special-use forest zones.

2.2. Communities in project areas:

a) Communities in project areas, centralized relocation areas;

b) Communities receiving mixed settlement;

c) Communities stabilizing residents in place.

3. Investment contents of projects:

3.1. Construction investment in infrastructure in residential arrangement project areas: based on the current state of infrastructure in the communities in the project areas and the construction site of the new resettlement area, essential works serving production and living needs of relocated households (not necessarily all items) include:

a) Land compensation and clearance (if applicable);

b) Site leveling at the resettlement location;

c) Land development for production (for concentrated development);

d) Internal roads within the project area and connecting the new residential point to the nearest road;

e) Small-scale irrigation works;

f) Primary and secondary schools, kindergartens, and nurseries;

g) Health stations;

h) Centralized drinking water supply systems;

i) Other essential works as required.

Specific regulations on the scale of construction of the aforementioned infrastructure works shall be carried out in accordance with Point 2.2, Clause 2, Section II, Part II of this Circular.

3.2. Direct support for households: When relocating to new settlement areas, households under the provisions of Point 2.1, Clause 2, Section I, Part II of this Circular shall enjoy one-time support policies as follows:

3.2.1. Households arranged and resettled in disaster-prone areas, extremely difficult regions, border areas, and islands:

a) Relocation support;

b) Food support during the initial period (12 months);

c) Housing support;

d) Seed and livestock support;

e) Land development support (if households are assigned land for self-development);

f) Drinking water support: support for building or purchasing water tanks or digging wells in places where centralized drinking water supply systems are not constructed.

3.2.2. Households that are free migrants and ethnic minorities with extremely difficult lives shall be considered for one-time support for relocation, food purchase during the initial period, seed and fertilizer for the first crop, and drinking water.

3.2.3. Households currently legally residing in highly vulnerable and very vulnerable forest protection zones and strictly protected special-use forest zones.

The specific content and level of support shall be implemented in accordance with Clause 3, Section VI, Part II of this Circular.

II. RESIDENTIAL ARRANGEMENT PLANNING WORK

The content of residential arrangement planning work includes: developing overall residential arrangement planning, establishing investment projects for residential arrangement (hereinafter referred to as residential arrangement projects), and preparing reports on mixed residential arrangement investments.

1. Developing Overall Residential Arrangement Planning:

1.1. Implementation of overall residential arrangement planning development is conducted as follows:

a) For provinces and centrally-administered cities that have not yet developed overall residential arrangement planning, they must base their planning on the overall socio-economic development planning, sectoral planning, and combine investigation and survey to develop the overall residential arrangement planning for the period of 2006-2010 and orientation to 2015, to be submitted for approval by the competent authority.

b) For provinces and centrally governed cities that have completed the overall residential planning scheme, reviewed, and approved, it is necessary to re-examine the objectives, contents, system of solutions, and re-review and approve them in accordance with the content of the Residential Arrangement Program.

1.2. General requirements for the overall residential planning scheme:

a) Consistent with the overall socio-economic development plan and sectoral plans within the province;

b) Ensuring scientificity and continuity, based on basic survey results, economic and technical norms, relevant criteria and indicators to develop the plan;

c) Consistent with the content of the Residential Arrangement Program approved in Decision No. 193/2006/QD-TTg dated August 24, 2006 of the Government;

d) Consistent with the ability to mobilize capital and organize implementation at each stage;

đ) Ensuring stability and socio-economic development, protecting the ecological environment well.

1.3. Content of building the overall residential planning scheme:

Provinces and centrally governed cities shall build the overall residential planning scheme according to the guidance provided in Circular No. 275/BNN-HTX dated February 20, 2004 of the Ministry of Agriculture and Rural Development (including those provinces and centrally governed cities that have completed the overall residential planning scheme until 2010 but are not consistent with the content of the Residential Arrangement Program and need to be reviewed again); at the same time, supplement the following contents:

a) Based on the additional targeted financial resources from the central budget to the local budget, the mobilization of local financial resources, and the ability to organize implementation, set reasonable overall residential arrangement targets and indicators on the local territory for each phase; first, during the period from now to 2010, priority should be given to households that must be relocated urgently in disaster-prone areas, particularly difficult areas, border and island regions, spontaneous migrants, and very fragile protective forest zones and strictly protected special-use forest zones.

b) In the preliminary calculation of investment capital, only the central government's budget support for the subjects and projects within the scope of the Residential Arrangement Program as stipulated in Clause 1, Clause 2, Section I, Part II of this Circular shall be considered. Additionally, other subjects specified in Decision No. 190/2003/QD-TTg dated September 16, 2003 of the Prime Minister regarding the approval of the "Migration Policy and Implementation of Residential Planning Scheme for the Period 2003-2010" shall be funded by the local budget and other legitimate sources on the local territory.

1.4. Reviewing and approving the overall residential planning scheme:

a) The People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as the provincial People's Committee) shall organize the review and approval of the overall residential planning project in their respective provinces;

b) During the implementation process, if there are contents that are no longer suitable for the actual situation leading to the emergence of specific residential arrangement projects (or receiving areas) not included in the overall residential planning project already approved by the competent authority, the provincial People's Committee shall approve adjustments and supplements to the overall residential planning project;

c) The approval documents of the overall residential planning project of provinces and centrally governed cities (including adjustment and supplementation documents of the overall residential planning project) shall be sent to the Ministry of Agriculture and Rural Development for consolidation, monitoring, and management.

1.5. The dossier for reviewing the overall residential planning project in the province includes:

a) A report from the competent authority requesting approval of the planning: the content of the report summarizes the main contents of the planning report on the scope, subjects, objectives, solutions, and organization of implementation;

b) A comprehensive report on residential planning and accompanying appendices;

c) A map system: including current distribution maps of residential points and residential planning maps at a scale of 1/100,000;

d) Review documents at the grassroots level;

e) Relevant legal documents.

1.6. The content of the review is regulated in Article 30 of Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on the establishment, approval, and management of overall socio-economic development planning.

1.7. Norms, unit prices, costs for establishing the overall residential planning scheme and planning costs:

a) The unit price for establishing the overall residential planning scheme shall be applied according to Decision No. 07/2006/QĐ-BNN dated January 24, 2006 of the Ministry of Agriculture and Rural Development on pricing agricultural and rural development planning.

b) Costs for constructing and reviewing, supplementing the overall residential planning scheme:

Implemented according to Article 8 of Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on the establishment, approval, and management of overall socio-economic development planning.

2. Building residential arrangement projects (applicable to concentrated residential areas):

2.1. General requirements for building residential arrangement projects:

a) The location of the residential arrangement project must be within the overall residential planning scheme that has been approved by the competent authority;

b) Fully reflect the contents on the assessment of the current natural, economic, and social conditions, and the arguments, schemes for residential arrangement, production development, infrastructure construction, and implementation solutions as prescribed;

c) Determine the scope, objectives, volume, reasonable total investment amount, and funding mobilization solutions to complete the project within no more than two years for projects in Group C and no more than four years for projects in Group B;

||| d) Assess the environmental impact of the project.

2.2. Main contents of the residential arrangement project that need to be reflected:

a) Arguments about the necessity of the project; practical basis (situations in disaster-prone areas, particularly difficult areas, forested areas, border and island regions, spontaneous migration issues, national defense security); legal basis (Decisions, Directives).

b) Analyze and evaluate the current natural, economic, and social conditions of the areas related to population resettlement (paying particular attention to analyzing and evaluating land funds, production situations, and economic and social living conditions of the population in the area). Specifically for projects involving population resettlement and arrangement in vulnerable and highly vulnerable forest protection zones and strictly protected special-use forests, they shall be implemented according to the policies stipulated in Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on "Compensation, Support, and Resettlement when the State Recovers Land." It is necessary to statistically assess specific losses of property (housing, residential land, production land of households that need to be relocated).

c) Develop planning schemes including: population resettlement plan, production development plan, and infrastructure construction plan for the resettlement area.

- The population resettlement plan includes contents such as: criteria for community clusters; number of settlement points; number of households to be resettled and arranged; average residential and production land allocated to each household; departure area (within the commune, within the district, within the province, and from other provinces). Implementation schedule year by year.

- Production development plan: envisaged production structure including: crop cultivation, animal husbandry, forestry planting, trades, and services. Calculate specifically the area, yield, and output of various production sectors to meet employment requirements and stabilize the livelihoods of relocated households.

- Infrastructure construction plan for the resettlement area: Plan to construct infrastructure for the resettlement area based on the principle of saving investment capital, reasonable scale of works, and only investing in new construction or upgrading facilities directly serving production and organizing the daily life of the population in the project area, specifically:

+ Intra-area transportation: rural road standard type A (for main roads) and rural road type B (branch roads);

+ Irrigation: small irrigation works such as reservoirs, dams, sluices, pumping stations, and field canals within the scope of the project area;

+ Water supply system: centralized water supply or dug wells, drilled wells depending on the specific conditions of each area.

+ Public welfare facilities include:

Kindergarten, primary school, and junior high school classrooms concentrated at the commune level according to the standards set by the Ministry of Education and Training.

Health station: Only apply to building new health stations in newly established communes due to resettlement, or where existing health stations have been destroyed by floods, natural disasters, or severe calamities, or where existing commune health stations have deteriorated severely (leaking, makeshift...) and fail to meet the standards set by the Ministry of Health. If the number of people to be relocated is equivalent to a village (hamlet) and insufficient to form a new commune, then depending on the number of residents in the resettlement area, build health facilities (village health centers) according to the regulations of the Ministry of Health.

+ Other essential facilities according to the actual needs of the project area: village cultural house, low-voltage substation, low-voltage power line.

d) Implementation measures: specific measures regarding land policy; direct support policies for households and communities; production development and livelihood support policies; cadre training and capacity-building policies; propaganda and mobilization of the people; assignment of responsibilities to relevant departments and levels of government; project management organization.

đ) Preliminary calculation of capital, sources of capital, and implementation schedule:

- Preliminary calculation of total project investment (including development investment and economic service investment) with the following contents:

+ Compensation and land clearance costs (if applicable);

+ Site leveling costs at the resettlement area;

+ Costs for opening up and transforming paddy fields (for concentrated opening up);

+ Costs for constructing housing and infrastructure in the resettlement area;

+ Production support costs (seedlings, livestock, agricultural extension, forestry extension...);

+ Relocation support costs for households;

+ Pre-investment preparation costs (project preparation fees, technical design fees, total budget estimates);

+ Project management costs.

- Total project investment divided by sources of capital:

+ Central government budget funds under the Population Resettlement Program;

+ Local government budget funds;

+ Integrated funds from other programs and projects in the locality;

+ Other legally raised funds and self-owned funds of the people;

- Investment phases according to annual plans.

e) Preliminary assessment of the economic, social, and environmental effects of the population resettlement project investment.

f) Diagrams and drawings:

- Location and boundary map of the project area, scale 1/25,000 - 1/50,000 (depending on the scope and scale of the area);

- Current economic and social status map of the project area, scale 1/5,000 - 1/10,000;

- Planning map, scale 1/5,000 - 1/10,000;

- Design basis for infrastructure works.

2.3. Establishing, reviewing, and approving population resettlement investment projects:

a) Establishing population resettlement investment projects: The Provincial People's Committee bases on the overall population resettlement planning approved by the competent authority, actual needs for population resettlement, progress of project implementation, and the ability to raise capital in the locality, assigns tasks to project sponsors to sign contracts with consulting firms having sufficient capacity and legal personality to develop specific population resettlement projects;

b) Authority to review population resettlement projects: The Provincial People's Committee organizes the review of projects it decides to invest in and entrusts a functional agency to organize the review of projects. The project review agency is responsible for soliciting written opinions from relevant Departments, Committees, and agencies for review; simultaneously, based on the planning documents prepared, compile opinions and report the review results to the Chairman of the Provincial People's Committee for approval;

c) Authority to approve population resettlement projects:

The Chairman of the Provincial People's Committee decides to approve specific population resettlement projects.

2.4. Economic and Technical Report: For regions with a total investment amount below 7 billion VND, which comply with the socio-economic development planning, industry planning, and construction planning, the project sponsor does not need to establish an investment project for construction but only needs to prepare an economic and technical construction report to submit to the investment decision-making body for approval.

2.5. The approval documents for residential resettlement projects of provinces and centrally governed cities shall be submitted to the Ministry of Agriculture and Rural Development for consolidation, monitoring, and serving as the basis for annual investment support plan allocation.

2.6. Management of residential resettlement projects:

a) Depending on the nature, scale, level, and capacity of relevant sectors and levels of government, the Chairman of the Provincial People's Committee shall decide on the project sponsors for residential resettlement projects within their province;

b) The project sponsor shall establish a Project Management Board to organize the implementation of the project according to the set objectives and schedule;

c) Organize construction bidding in accordance with the Law on Bidding issued on November 24, 2005, and related guiding documents from relevant ministries and sectors;

d) Implement supervision and evaluation of residential resettlement projects in accordance with Circular No. 03/2003/TT-BKH dated May 21, 2003, of the Ministry of Planning and Investment.

3. Construction of reports on investment in residential resettlement and arrangement:

3.1. General requirements for constructing reports on investment in residential resettlement and arrangement:

Encourage localities to implement residential resettlement and arrangement through interweaving into existing communes, villages, or hamlets (for mountainous provinces) when the following conditions are met:

a) The receiving area for households relocating under Article 2.1, Clause 2, Section I, Part II of this Circular must be within the overall residential resettlement planning that has been approved by the competent authority;

b) Communes, villages, or hamlets receiving relocated households must have the ability to adjust residential land or agricultural and forestry production land to allocate to new arrivals; ensure essential infrastructure facilities for production and public welfare when additional population arrives according to the planning and schedule.

3.2. Main contents of the residential resettlement interweaving plan need to be reflected:

a) Arguments regarding land funds, population, production situation, economic and social living conditions, and current infrastructure facilities at the receiving location;

b) Propose a residential resettlement plan including: number of households and individuals, places of departure and arrival, resettlement targets; solutions for allocating residential and production land for new arrivals; land allocation standards for each household;

c) Propose construction or upgrading of essential infrastructure facilities due to increased population;

d) Preliminary estimate of total investment amount divided by funding sources and implementation schedule.

3.3. Main policy measures and organizational implementation.

3.4. Preparation, review, and approval of reports on investment in residential resettlement interweaving:

Based on the overall residential resettlement planning approved by the competent authority, actual needs, and the capacity of existing communes, villages, or hamlets to accept households requiring resettlement and arrangement, the Provincial People's Committee shall assign the Department of Agriculture and Rural Development (Cooperative and Rural Development Service, Rural Development Service) to lead and coordinate with local authorities of both sending and receiving areas to prepare reports on investment in residential resettlement interweaving for submission to the Provincial People's Committee for review and approval.

3.5. Approval documents for reports on investment in residential resettlement interweaving of provinces and centrally governed cities shall be submitted to the Ministry of Agriculture and Rural Development for consolidation, monitoring, and serving as the basis for annual investment support plan allocation.

III. WORK ON BUILDING PLANS FOR RESIDENTIAL RELOCATION

1. General requirements for building plans for residential relocation:

1.1. Strictly follow the procedures and content as guided by central ministries and sectors.

1.2. The plan content must fully and comprehensively reflect the assessment of the previous year's implementation, the list of investment projects in the planned year (including ongoing projects and newly initiated projects), performance indicators, measures, and organizational implementation methods;

1.3. Mobilize and integrate various investment capital sources to fulfill the annual plan tasks such as supplementary targeted capital from the central budget to the local budget, local budget capital, and other legally raised capital on the local territory.

1.4. The investment plan must ensure focused and prioritized investment. Prioritize investment in urgent relocation areas and new economic zones, and residential resettlement projects approved before Decision No. 193/2006/QĐ-TTg, which are currently being implemented after reassessing their goals and targets to align with the residential resettlement program content to complete them as soon as possible.

2. Procedures for preparation, consolidation, and assignment of plans.

2.1. Annually, following the guidance of the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance, the Department of Agriculture and Rural Development (Cooperative and Rural Development Service, Rural Development Service) shall guide counties in preparing residential relocation plans according to the following content, submit to the Provincial People's Committee for consolidation into the provincial socio-economic plan; simultaneously send the plan to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, and the Ministry of Finance for consolidation and inclusion in a separate list for submission to the Prime Minister for decision.

2.2. Based on the goals, tasks, and budget estimates assigned by the Government and the guidance of the Ministry of Agriculture and Rural Development, the Provincial People's Committee shall instruct the Department of Agriculture and Rural Development (Cooperative and Rural Development Service, Rural Development Service) to lead and coordinate with the Department of Planning and Investment and the Department of Finance to integrate various capital sources on the local territory, prepare detailed allocation plans for subordinate units according to the budget management hierarchy, and submit to the Provincial People's Committee for decision.

3. Contents of building residential relocation plans

3.1. Assessment of the previous year's plan implementation:

a) Results of implementing indicators such as: Number of households relocated and arranged by displacement target; results of opening up land for production; production results of sectors such as crop cultivation, animal husbandry, trades, services...

b) Strengths and main shortcomings.

3.2. Direction and tasks for the planned year:

a) List of residential relocation investment projects: Number of projects; Approval decision, start date, and completion date; total investment amount by funding sources; total investment amount already invested up to the planned period by funding sources; projected investment amount for the planned year (Table 01/KH);

b) The indicators and tasks include: Number of households resettled and arranged according to different categories of migrants (Table 02/KH); area for land development and agricultural, forestry, and fisheries production; development of crop cultivation, animal husbandry, and trades (Table 03/KH);

c) The indicators and measures:

- Investment in projects for resettlement of residents (specify the volume, total capital according to approved budget, investment made up to the period of the plan and planned investment for the planning year) (Table 04/KH).

- Plan for training and capacity building of human resources.

- Plan for program management funds.

- Capital investment plan; including central government budget, local government budget, and other legitimate sources of funding (Table 05/KH).

d) Measures to implement the plan.

IV. CONTENT OF TRAINING AND CAPACITY BUILDING FOR HUMAN RESOURCES TO SERVE THE RESIDENTS RELOCATION PROGRAM

1. Objectives:

1.1. Specialized staff responsible for residents relocation at the central level;

1.2. Staff responsible for residents relocation work at provincial, district, and commune levels.

2. Training and capacity building content:

2.1. The viewpoints, policies, and guidelines of the Party and State on residents relocation work.

2.2. Professional activities to implement the residents relocation program, including:

a) Planning work;

b) Project evaluation and approval, investment reports;

c) Planning activities;

d) Financial and accounting work;

đ) Management mechanism for investment capital;

e) Analysis and assessment of policy impacts.

2.3. Relevant economic and social development policies.

2.4. Inspection and supervision of project implementation results under the residents relocation program.

3. Training and capacity building materials:

Training and capacity building materials are compiled and published by the Ministry of Agriculture and Rural Development in coordination with relevant ministries, sectors, and educational institutions.

4. Forms of training and capacity building.

4.1. Short-term centralized training at central and provincial training centers;

4.2. Capacity building and training sessions; distribution of materials.

4.3. Domestic and international study tours.

5. Training and capacity building plan.

5.1. Surveying and assessing the qualifications and capabilities of specialized staff responsible for residents relocation from the central to local levels to categorize their professional qualifications and capabilities, select training and capacity building targets based on their wishes, and organize training and capacity building programs accordingly from the central to local levels.

5.2. Based on the need for training and capacity building, develop training content, establish training and capacity building plans, organize training and study tours for staff responsible for residents relocation work at all levels from the central to local levels.

5.3. Organize training, capacity building, training sessions, and study tours for staff responsible for residents relocation at all levels.

5.4. Training, capacity building, training session, and study tour expenses are implemented in accordance with point 3.2, clause 3, section V, part II of this Circular. The use of these funds shall be applied in accordance with certain expenditure items suitable for the type of training and capacity building as prescribed in Circular No. 79/2005/TT-BTC dated September 15, 2005, issued by the Ministry of Finance guiding the management and use of training and capacity building funds for state officials and civil servants.

V. INVESTMENT CAPITAL AND USE OF INVESTMENT CAPITAL

1. Investment capital: The residents relocation program for the period 2006-2010 and orientation until 2015 is funded from various sources as stipulated in Decision No. 193/2006/QĐ-TTg dated August 24, 2006:

1.1. Central government budget supplements with specific purposes for local budgets, including development investment capital and economic affairs capital.

1.2. Local government budget directly invested in the residents relocation program.

1.3. Capital mobilized through integration of existing programs and projects within the locality.

1.4. Legitimate capital mobilized locally.

1.5. Capital mobilized from residents: mainly for housing construction and production development.

2. Allocation of capital sources:

2.1. The establishment, allocation, and decision-making on supplementary budget transfers from the central government budget to local budgets are carried out in accordance with the State Budget Law and its guiding documents.

2.2. Basis for allocation:

- Based on actual needs for residents relocation and the list of approved investment projects for residents relocation.

- Based on the ability of localities to balance revenue and expenditure in their budgets, the central government provides targeted support to local budgets at a rate of 50% to 80% of the needs to implement annual residents relocation plans. Provinces and centrally-administered cities must mobilize additional local government and other sources of capital to implement residents relocation projects within their jurisdictions at a rate not less than 20% of the needs.

3. Use and management of capital:

3.1. Localities proactively allocate capital managed by them, including supplementary capital from the central government budget combined with integrated capital from programs and projects and other legitimate sources within the locality, to implement general residents relocation within their jurisdiction, especially prioritizing the resettlement and arrangement of urgent relocation subjects in areas specified in Article 1 of Decision No. 193/2006/QĐ-TTg dated August 24, 2006, of the Prime Minister.

3.2. The use of Program capital is as follows:

a) Central government budget:

- Supporting investment in residents relocation projects as stipulated in clause 1, section I, part II of this Circular;

- Expenditure on training and capacity building of human resources and directing the implementation of the Program, which falls under the spending responsibility of the Ministry of Agriculture and Rural Development and central agencies.

b) Local government budget and other mobilized capital:

- Supporting investment in the relocation and arrangement of residents outside the scope of the Program;

- Supporting investment in residents relocation projects within the scope of the Program for matters such as land clearance, relocation, housing, production development...

- Ensuring management funds for implementing the Program at various departments and levels of local authorities, with specific expenditure levels determined by the Provincial People's Committee.

- Ensuring training and capacity building funds for human resources at the local level.

3.3. The management of investment capital for the Program to relocate residents shall be carried out in accordance with the provisions of the State Budget Law, Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law, Circular No. 59/2003/TT-BTC dated June 23, 2003 of the Ministry of Finance guiding the implementation of Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law, and Circular No. 86/2006/TT-BTC dated September 18, 2006 of the Ministry of Finance guiding the management of supplementary budget funds with specific objectives from the central budget to local budgets.

VI. SUPPORT POLICIES

1. Land policy:

1.1. The People's Committee of the province shall direct relevant departments and levels of government to conduct inspections and reviews of land funds within their jurisdiction and, based on the current provisions of the Land Law, take measures to recover areas of unused or inefficiently used land from organizations, forestry farms, and hand over such land to households belonging to the resettlement projects.

1.2. In places where there is no unused land fund, the People's Committee of the province may change the purpose of land use according to planning, plans, and the provisions of the Land Law to serve the relocation of residents in the locality.

2Support for the construction of infrastructure in the project area for relocating residents.

2.1. Regions that concentrate the relocation and arrangement of residents will be supported by the state budget from development investment funds to build essential infrastructure, including:

a) Compensation and clearance of land for resettlement areas (if applicable);

b) Site leveling at the resettlement location;

c) Land development for production (for concentrated development);

d) Rural roads;

đ) Small irrigation works;

e) Water supply systems;

g) Public welfare facilities: kindergartens, primary schools, junior high schools, health stations, and other essential facilities as required by actual needs.

2.2. Communes receiving households under the provisions of point 2.1, clause 2, section I, Part II of this Circular, to settle in mixed areas according to the quota assigned by the provincial People's Committee shall implement the provisions at point b, clause 3, Article 2 of Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister and at clause 6, section I, Part B of Joint Circular No. 09/2004/TTLT-BNN-BTC dated March 31, 2004 of the Ministry of Agriculture and Rural Development and the Ministry of Finance guiding the implementation of support policies for migrants under Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister.

2.3. The construction of infrastructure in the project area for relocating residents must comply with the current regulations of the State regarding the construction of rural infrastructure; priority should be given to projects serving production development and stabilizing the lives of residents in the project area.

3. Direct support policies for households.

The state budget will provide direct support from economic service funds to households under the provisions of point 2.1, clause 2, section I, Part II of this Circular for relocation, housing, food, seeds, livestock, drinking water (in cases where households construct or purchase water storage tanks or dig wells in areas without centralized water supply systems); opening up land for paddy fields (for households allocated land for self-opening). The level of support will vary depending on the specific groups being relocated and arranged as follows:

3.1. For projects to relocate and arrange residents in disaster-prone areas and extremely difficult areas:

a) Support policies for households shall be implemented in accordance with Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister and Joint Circular No. 09/2004/TTLT-BNN-BTC dated March 31, 2004 of the Ministry of Agriculture and Rural Development and the Ministry of Finance guiding the implementation of support policies for migrants under Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister.

b) In cases where households lose their houses, residential land, and production land due to landslides, the state budget will provide support for housing, residential land, production land, and drinking water. The specific level of support will be implemented according to the approved project by the competent authority.

3.2. For projects to relocate, arrange, and stabilize residents in border communes and island communes:

a) Support policies for households relocated, arranged, and stabilized in border communes between Vietnam and Laos, Vietnam and Cambodia, and islands shall be implemented in accordance with Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister and Joint Circular No. 09/2004/TTLT-BNN-BTC dated March 31, 2004 of the Ministry of Agriculture and Rural Development and the Ministry of Finance guiding the implementation of support policies for migrants under Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister;

b) Support policies for households relocated, arranged, and stabilized in border communes between Vietnam and China shall be implemented in accordance with Decision No. 120/2003/QĐ-TTg dated June 11, 2003, Decision No. 60/2005/QĐ-TTg dated March 24, 2005 of the Prime Minister and Circular No. 57/2004/TT-BNN dated November 1, 2004 and Circular No. 11/2006/TT-BNN dated February 14, 2006 of the Ministry of Agriculture and Rural Development guiding the implementation of Decision No. 120/2003/QĐ-TTg dated June 11, 2003 and Decision No. 60/2005/QĐ-TTg dated March 24, 2005 of the Prime Minister.

3.3. For projects to relocate, arrange, and stabilize residents who migrate freely:

Households migrating freely shall be implemented in accordance with Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister and Joint Circular No. 09/2004/TTLT-BNN-BTC dated March 31, 2004 of the Ministry of Agriculture and Rural Development and the Ministry of Finance guiding the implementation of support policies for migrants under Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister.

3.4. For projects to relocate and arrange residents in areas of fragile and very fragile protective forests and strictly protected special-use forests:

a) Support policy for households residing legally in high-risk and very high-risk areas of protective forests and strictly protected zones of special-use forests that need to be relocated to planned residential areas: implemented according to the provisions of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on "Compensation, Support, and Resettlement when the State Recovers Land," and Circulars of the Ministry of Finance: No. 116/2004/TT-BTC dated December 7, 2004 guiding the implementation of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on "Compensation, Support, and Resettlement when the State Recovers Land," and No. 69/2006/TT-BTC dated August 2, 2006 amending and supplementing Circular No. 116/2004/TT-BTC dated December 7, 2004 of the Ministry of Finance guiding the implementation of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on "Compensation, Support, and Resettlement when the State Recovers Land;"

b) For self-migrated households living scattered and not according to planning in high-risk and very high-risk areas of protective forests and strictly protected zones of special-use forests that need to be moved out of the forest to planned residential areas or returned to their original places: implemented according to the provisions of Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister and Joint Circular No. 09/2004/TTLT-BNN-BTC dated March 31, 2004 of the Ministry of Agriculture and Rural Development and the Ministry of Finance guiding the implementation of support policies for migrants under Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Prime Minister.

4. Policy on training and capacity building for human resources serving the Program of Population Resettlement: Annually, the state budget supports funding for developing the content of the program and organizing training and capacity-building courses on management and implementation of the Program of Population Resettlement for cadres involved in population resettlement work from central to local levels.

Part III
IMPLEMENTATION

1. Responsibilities of the Ministry of Agriculture and Rural Development:

1.1. Take the lead and coordinate with relevant ministries and sectors to guide provincial People's Committees in developing overall plans and projects for population resettlement in accordance with regulations.

a) Develop annual and five-year plans for population resettlement, consolidate and submit them to the Prime Minister for approval;

b) Guide, direct, and organize the implementation of population resettlement according to annual plans and the objectives of the program.

1.2. Take the lead and coordinate with relevant ministries and sectors to study, adjust, and supplement support policies for implementing population resettlement and reorganization.

1.3. Coordinate with the Ministry of Planning and Investment and the Ministry of Finance in allocating funds for the population resettlement program and distributing funds to relevant ministries, sectors, and localities.

1.4. Take the lead in developing the content of the training and capacity-building program for population resettlement and coordinate with localities and training institutions in organizing training and capacity-building for cadres involved in population resettlement work.

1.5. Develop the budget for directing the implementation of the population resettlement program, including training and capacity-building costs within the central government's expenditure budget.

1.6. Coordinate with provincial People's Committees in developing and implementing some models of population resettlement according to the characteristics of each region and target group to summarize, evaluate, and draw lessons for wider application.

1.7. Improve the system of specialized agencies for population resettlement from central to local levels to effectively implement the objectives of the population resettlement program.

1.8. Inspect, supervise, and evaluate the results of population resettlement and reorganization at localities; propose solutions to organize and implement population resettlement tasks effectively.

2. Relevant ministries and sectors shall base on their functions and tasks assigned in Decision No. 193/2006/QĐ-TTg dated August 24, 2006 of the Prime Minister to take the lead and coordinate with the Ministry of Agriculture and Rural Development and provinces and centrally-administered cities to implement related contents.

3. Responsibilities of provincial People's Committees:

3.1. Develop new or review, adjust, and supplement the overall plan for population resettlement of the province for approval by the Chairman of the provincial People's Committee. Establish, examine, approve resettlement projects; simultaneously assign responsibilities to specialized agencies and project managers of the province to organize implementation.

3.2. Develop supplementary budget targets from the central government's budget annually and over five years for the population resettlement program; simultaneously integrate with other programs' and projects' funds and lawful capital on the territory to focus investment on approved projects.

3.3. Coordinate with the Ministry of Agriculture and Rural Development to develop model resettlement projects according to the characteristics of each region and type of target group to summarize, evaluate, and draw lessons for wider application.

3.4. Monitor, inspect, supervise, and evaluate the implementation of population resettlement projects and support policies in the province. Timely identify and address difficulties and obstacles during the organization and implementation process at the locality level and make recommendations to the Government and relevant ministries and sectors on solutions.

3.5. Assign the Department of Agriculture and Rural Development as the focal point to take the lead and coordinate with departments, sectors, and local authorities at all levels to perform the following tasks:

a) Develop and consolidate annual and five-year resettlement plans to be submitted to the provincial People's Committee for inclusion in the province's general socio-economic plan;

b) Propose allocation plans for resettlement to districts, communes, and sectors for approval by the provincial People's Committee;

c) Guide the implementation of plans in accordance with the goals, targets, and contents of resettlement projects and report on the results regularly;

d) Provide information about resettlement and reorganization projects under the program; guide and implement propaganda and dissemination of state policies, support systems, procedures for migration for the people's knowledge and implementation;

đ) Organize the implementation of population resettlement and reorganization work in the province. Ensure timely, full, and appropriate support policies for households. Settle and finalize support funds according to current laws on the State Budget and guiding documents of the Ministry of Finance;

e) Chair and assist the People's Committee at the provincial level to organize inspections, monitoring, evaluation, and periodic reporting (quarterly, semi-annually, annually) and ad hoc reports.

4. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

In the course of implementation, if there are any difficulties, relevant Ministries, Sectors, localities shall promptly reflect them to the Ministry of Agriculture and Rural Development for study, supplementation, and amendment./.