Circular No. 24/2023/TT-BNNPTNT guides certain contents for implementing Decision No. 590/QĐ-TTg dated May 18, 2022 of the Prime Minister approving the Program on resettling residents in areas affected by natural disasters, extremely difficult regions, border areas, islands, spontaneous migration, special-use forests during the period of 2021-2025 with orientations towards 2030.

CIRCULAR

Guidelines for certain contents to implement Decision No. 590/QD-TTg dated May 18, 2020 of the Prime Minister approving the Program on Resettling Population in Areas Affected by Natural Disasters, Particularly Difficult Areas, Border Areas, Islands, Free Migration, Specialized Forest Areas for the period 2021-2025 with a view to 2030

Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Implementing Decision No. 590/QD-TTg dated May 18, 2022 of the Prime Minister approving the Program on Resettling Population in Areas Affected by Natural Disasters, Particularly Difficult Areas, Border Areas, Islands, Free Migration, Specialized Forest Areas for the period 2021-2025 with a view to 2030;

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 guiding certain contents to implement Decision No. 590/QD-TTg dated May 18, 2022 of the Prime Minister approving the Program on Resettling Population in Areas Affected by Natural Disasters, Particularly Difficult Areas, Border Areas, Islands, Free Migration, Specialized Forest Areas for the period 2021-2025 with a view to 2030.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the preparation of projects for resettling population in concentrated areas, plans for resettling population in interwoven areas; contents of resettling population in public investment plans; support contents, funding, sources of capital for implementing resettlement of population and procedures for resettling population as provided for in Decision No. 590/QD-TTg dated May 18, 2022 of the Prime Minister approving the Program on Resettling Population in Areas Affected by Natural Disasters, Particularly Difficult Areas, Border Areas, Islands, Free Migration, Specialized Forest Areas for the period 2021-2025 with a view to 2030 (hereinafter referred to as the Program on Resettling Population).

Article 2. Applicability

1. Households and individuals who are resettled in concentrated resettlement areas, interwoven resettlement areas, or stabilized in place according to planning and plans approved by competent authorities as stipulated in Clause 2, Section I, Article 1 of Decision No. 590/QD-TTg dated May 18, 2022 of the Prime Minister.

2. Organizations and individuals involved in activities related to the provisions of Article 1 of this Circular.

Article 3. Explanation of Terms

1. Land border area: Includes communes, wards, towns (hereinafter referred to as border communes) where part of their administrative boundaries coincide with the national land border line as prescribed in Clause 1, Article 3 of Decree No. 34/2014/NĐ-CP dated April 29, 2014 of the Government on the Regulations of the Land Border Area of the Socialist Republic of Vietnam.

2. Villages (villages) adjacent to the border: Are villages (villages) belonging to border communes where part of their administrative boundaries adjoin the national land border line.

3. Concentrated resettlement of population: Is the relocation of households and individuals to a newly established concentrated resettlement point.

4. Interwoven resettlement of population: Is the relocation of households and individuals to interwoven points within existing residential areas.

5. In-place stabilization: Is the stabilization of households and individuals at their original residence through the integration of support policies for infrastructure and production investments as prescribed by current laws.

6. Resettlement of population within a district: Is the resettlement of population within the scope of one or more commune-level administrative units within a district-level administrative unit.

7. Resettlement of population outside a district within a province: Is the resettlement of population from one district-level administrative unit to another district-level administrative unit within a provincial-level administrative unit.

Chapter II

PREPARATION OF PROJECTS FOR RESIDENTIAL STABILIZATION IN CONCENTRATED AREAS, PLANS FOR RESIDENTIAL STABILIZATION IN INTERWOVEN AREAS AND CONTENTS OF RESIDENTIAL STABILIZATION IN PUBLIC INVESTMENT PLANS

Article 4. Establishment of projects for resettling concentrated populations

1. Projects for resettling concentrated populations include:

a) Project for resettling populations in disaster-prone areas;

b) Project for resettling populations in border and island areas;

c) Project for resettling populations in particularly difficult areas;

d) Project for resettling spontaneous migrants and special-use forest areas;

đ) In cases where there are multiple groups requiring resettlement on the same territory such as disaster-prone areas, particularly difficult areas, border areas, islands, spontaneous migrants, and special-use forest areas, a combined resettlement project for multiple groups shall be established, named according to one of the four types of projects mentioned above based on the group with the largest number of households.

2. The contents of projects for resettling concentrated populations are set out in Appendix I attached hereto.

3. Establishment, review, and approval of projects for resettling concentrated populations shall be carried out in accordance with laws on public investment and other relevant legal documents.

4. In cases of implementing emergency resettlement projects, the People's Committee of the province shall direct and implement in accordance with the provisions of Clause 2, Article 10 of the State Budget Law, Article 42 of the Public Investment Law, and other relevant legal documents.

Article 5. Establishment of plans for resettling intermixed populations

1. The contents of plans for resettling intermixed populations are set out in Appendix II attached hereto.

2. Establishment, review, and approval of plans for resettling intermixed populations

a) The People's Committee of the province shall assign the People's Committee of the district to take the lead and coordinate with related administrative levels and sectors to establish plans for resettling intermixed populations in accordance with the contents stipulated in this Article, and submit them to the competent authority for review;

b) The dossier for reviewing plans for resettling intermixed populations includes: The proposal from the People's Committee of the district to the People's Committee of the province requesting review of the plan for resettling intermixed populations; the contents of the plan for resettling intermixed populations and accompanying annexes;

c) The People's Committee of the province shall assign the Department of Agriculture and Rural Development to take the lead and organize the review of plans for resettling intermixed populations, complete them, and submit them to the People's Committee of the province for consideration and approval.

Article 6. Developing contents for resettling populations in public investment plans

1. Requirements

a) Ensuring the basis, principles for establishment, principles for allocation, conditions for inclusion in the plan; procedures for establishment, review, approval, and assignment of the plan; adjustment of medium-term and annual public investment plans in accordance with the Public Investment Law and other relevant legal documents;

b) Ensuring focused and prioritized investment. Prioritizing completion of unfinished projects; projects in areas at high risk of natural disasters; projects in border and island areas with significant political, defense, and security positions; projects for resettling spontaneous migrants and special-use forest areas.

2. Establishment, review, approval, and assignment of the plan

a) Based on guidelines from the Ministry of Planning and Investment on establishing medium-term and annual public investment plans and guidelines from the Ministry of Agriculture and Rural Development, the Department of Agriculture and Rural Development shall guide the People's Committees of the districts and related units to develop contents for resettling populations in medium-term and annual public investment plans in accordance with Appendices III and IV attached hereto; consolidate and unify with the Department of Planning and Investment and the Department of Finance to submit to the People's Committee of the province for consolidation into the provincial general plan, and submit to the competent authority for consideration and approval;

b) Based on objectives, tasks, and public investment plans using state budget funds, the People's Committee of the province shall direct the Department of Agriculture and Rural Development to coordinate with the Department of Planning and Investment and the Department of Finance to balance resources within the territory, prepare detailed allocation plans for projects and plans for resettling populations, and submit to the People's Committee of the province for approval.

Chapter III

CONTENTS OF SUPPORT, EXPENSES AND FUNDS FOR IMPLEMENTING POPULATION RESettLEMENT

Article 7. Direct support for households and individuals

1. Households and individuals under the project to stabilize residential areas shall be allocated residential land and production land in accordance with regulations, suitable to actual conditions and local customs; land use fees for residential land shall be exempted or reduced in accordance with current regulations.

2. Direct support for households and individuals under the Program to stabilize residential areas includes: relocation of people and assets, clearing new land, housing, food (during the initial period at the resettlement site), drinking water (in places where it is not feasible to construct centralized drinking water facilities) as stipulated in point c, Clause 2, Section IV Decision No. 590/QD-TTg dated May 18, 2022 of the Prime Minister. The content of support shall be implemented in accordance with the following provisions:

a) Provide a minimum of VND 30 million per household to relocate housing for households and individuals who must urgently relocate their housing according to the decision of the competent authority due to natural disaster risks as stipulated in Clause 2, Article 15 of Decree No. 20/2021/NĐ-CP dated March 15, 2021 of the Government on social assistance policies for beneficiaries of social aid.

b) Provide relocation expenses for households and individuals in particularly difficult areas, border regions, islands, and those who migrate freely as stipulated in point a, Clause 1, Article 7 of Circular No. 55/2023/TT-BTC dated August 15, 2023 of the Minister of Finance on the management, use, and settlement of state budget funds for national target programs from 2021 to 2025.

c) The People's Committee of the province shall submit to the competent authority for detailed regulations on the amount of support for housing, clearing new land (if applicable), food (during the initial period at the resettlement site), drinking water (in places where it is not feasible to construct centralized drinking water facilities) in accordance with the actual conditions of the locality.

3. Support for stable resettlement in place as stipulated in point d, Clause 2, Section IV, Article 1 of Decision No. 590/QD-TTg dated May 18, 2022 of the Prime Minister.

4. Households and individuals residing legally within special-use forests shall be resettled and enjoy compensation, support, and resettlement policies in accordance with current regulations.

5. The People's Committee of the province shall instruct the Department of Agriculture and Rural Development to prepare the budget for relocating residents to islands based on the current transportation rates and basic construction costs for housing for each household according to local customs and traditions; ensuring housing quality in accordance with Circular No. 01/2022/TT-BXD dated June 30, 2022 of the Minister of Construction guiding the provision of housing support for poor and near-poor households in poverty reduction target programs from 2021 to 2025.

6. In cases where there are multiple levels of support funding for different groups on the same territory, approved by the competent authority for the Program to stabilize residential areas, the most favorable level of support shall be considered and applied to facilitate the stabilization of life for households and individuals.

Article 8. Investment support for infrastructure construction, production development, vocational education, employment, propaganda mobilization, and capacity building for implementing the Program to stabilize residential areas

1. Investment support for essential infrastructure construction for concentrated residential areas as approved by the project, including items specified in point b, Clause 2, Section IV, Article 1 of Decision No. 590/QD-TTg dated May 18, 2022 of the Prime Minister.

2. Support for mixed residential areas at a rate of VND 60 million per household to implement the following contents: adjustment of residential and production land allocation to new households (clearing new land, compensation according to regulations when land is reclaimed from organizations and individuals) as stipulated in Article 8 of Circular No. 55/2023/TT-BTC dated August 15, 2023 of the Minister of Finance; remaining support content as stipulated in point d, Clause 2, Section IV, Article 1 of Decision No. 590/QD-TTg dated May 18, 2022 of the Prime Minister. In cases where there are multiple levels of support funding for mixed residential areas approved by the competent authority, the appropriate level of support shall be considered and applied in accordance with the actual conditions of the locality. Projects selected for upgrading or new investment shall follow priority order and involve local community participation.

3. Support for production development, vocational education, employment, propaganda mobilization, and capacity building for implementing the Program to stabilize residential areas shall be carried out in accordance with the provisions of Clauses 3, 4, 5, and 6, Section IV, Article 1 of Decision No. 590/QD-TTg dated May 18, 2022 of the Ministry of Finance; remaining support content as stipulated in point d, Clause 2, Section IV, Article 1 of Decision No. 590/QD-TTg dated May 18, 2022 of the Prime Minister.

Article 9. Funding and Sources of Capital for Implementation

1. The funding and sources of capital for implementing the Program to Resettle Population shall be carried out in accordance with the provisions of Decision No. 590/QĐ-TTg dated May 18, 2022 of the Prime Minister, specifically as follows:

a) State budget (central budget and local budget) in accordance with the State Budget Law and laws on public investment;

b) Integrated capital from programs, plans, projects, and other lawful sources within the area.

2. Allocation of capital for implementation shall be carried out in accordance with the Public Investment Law, the State Budget Law, and other relevant legal documents.

Chapter IV

PROCEDURE FOR POPULATION RESIDENCE STABILIZATION

Article 10. Population Stabilization in Districts

1. The People's Committee of the commune where the relocation takes place shall:

a) Organize propaganda and mobilization so that each household and individual subject to population stabilization understand clearly the Party's and State's policies regarding the Program to Resettle Population and the objectives and plans of the resettlement project;

b) Coordinate with the investor and specialized management agencies responsible for implementing population stabilization tasks such as convening meetings to disseminate policies and plans for population stabilization; guiding households and individuals to make voluntary participation commitments in the resettlement project and plan according to Appendix V attached to this Circular; compiling and establishing lists of households and individuals who have committed to participating in the resettlement project and plan;

c) Organize meetings to assess households and individuals participating in the resettlement project and plan; establish Minutes of the meeting to assess households and individuals participating in the resettlement project and plan according to Appendix VI attached to this Circular; publicly post the list of households and individuals participating in the resettlement project and plan at the People's Committee office of the commune, and announce through the Commune Radio Station (if available) within 15 days;

The Assessment Council consists of: The Chairman of the Council being a representative of the leadership of the People's Committee of the commune; members of the Council including village chiefs, representatives of political and social organizations in the commune, and representatives of the investor;

d) Compile the list of households and individuals participating in the resettlement project and plan according to Appendix VII attached to this Circular, and submit it to the People's Committee of the district for consideration and approval;

e) Notify households and individuals eligible for stable resettlement according to the Decision approving the population stabilization plan issued by the People's Committee of the district;

2. The People's Committee of the commune where the relocation is to take place shall coordinate with the People's Committee of the commune where the relocation originates, representatives of the investor, and representatives of households and individuals participating in the resettlement project and plan to implement the following tasks:

a) Conduct inspections of the project and plan areas for population stabilization and establish inspection records according to Appendix VIII attached to this Circular;

b) Implement the resettlement of households and individuals to concentrated and interwoven population stabilization areas; guide households and individuals to organize production development and long-term stable living;

c) Propagate and mobilize the implementation of land policies for households and individuals arriving;

d) Organize the transfer and receipt of households and individuals eligible for stable resettlement into the project and plan areas and establish transfer and receipt records according to Appendix IX attached to this Circular;

e) Inspect and accept households and individuals eligible for stable resettlement under the project and plan and establish acceptance records according to Appendix X attached to this Circular;

e) Inspect and accept households and individuals eligible for stable resettlement under the project and plan and establish acceptance records according to Appendix X attached to this Circular;

3. The People's Committee of the district shall carry out the following:

a) Review and issue the Decision approving population stabilization (including the list of households and individuals eligible for stable resettlement);

b) Direct the inspection of the project and plan areas for population stabilization and establish inspection records according to Appendix VIII attached to this Circular;

c) Direct the transfer and receipt of households and individuals eligible for stable resettlement into the project and plan areas and establish transfer and receipt records according to Appendix IX attached to this Circular;

d) Direct the inspection and acceptance of households and individuals eligible for stable resettlement under the project and plan for population stabilization and establish acceptance records according to Appendix X attached to this Circular;

e) Direct the implementation of support policies for households and individuals approved for stable resettlement according to current regulations and compile lists of households and individuals participating in the resettlement project and plan receiving support policies according to Appendix XI attached to this Circular.

Article 11. Arrangement of stable population outside the district but within the province

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

a) Implement the provisions at points a, b, c, and d of Clause 1 of Article 10 of this Circular;

b) Based on the Decision on relocation to the project area, the plan for arranging the stable population issued by the People's Committee of the commune where the population moves from, and the Decision on receiving households and individuals to the project area, the plan for arranging the stable population issued by the People's Committee of the commune where the population moves to, the People's Committee of the commune where the population moves from shall notify the list of households and individuals arranged for stability.

2. The People's Committee of the commune where the population moves to shall implement according to the provisions at Clause 2 of Article 10 of this Circular.

3. The People's Committee of the district where the population moves from shall implement

a) Review and issue the Decision on relocation to the project area, the plan for arranging the stable population (attached with the list of households and individuals arranged for stability); simultaneously send a document attached with this Decision requesting the People's Committee of the district where the population moves to consider and issue the Decision on receiving households and individuals to the project area, the plan for arranging the stable population;

b) Coordinate with the People's Committee of the district where the population moves to organize the handover and transfer households and individuals arranged for stability to the project area, the plan.

4. The People's Committee of the district where the population moves to shall implement

a) Conduct inspections of the project and plan areas for population stabilization and establish inspection records according to Appendix VIII attached to this Circular;

b) Based on the document of the People's Committee of the district where the population moves from and the plan assigned by the People's Committee of the province at point b of Clause 2 of Article 6 of this Circular; consider and issue the Decision on receiving households and individuals to the project area, the plan for arranging the stable population;

c) Coordinate with the People's Committee of the district where the population moves from to organize the handover and receipt of households and individuals arranged for stability into the project area, the plan and prepare the handover record according to Appendix IX issued together with this Circular;

d) Direct the acceptance of the number of households and individuals arranged for stability under the project, the plan for arranging the stable population and prepare the acceptance record according to Appendix X issued together with this Circular.

đ) Direct the implementation of payment of support policies for households and individuals approved for arrangement of stable population according to current regulations and compile the list of households and individuals participating in the project, the plan for arranging the stable population receiving support policies according to Appendix XI issued together with this Circular;

Chapter V

IMPLEMENTATION

Article 12. Responsibilities of the Department of Cooperative Economy and Rural Development

The Department of Cooperative Economy and Rural Development is the permanent agency, assisting the Minister of Agriculture and Rural Development in organizing the implementation of this Circular, specifically as follows:

1. Guide, monitor, and consolidate medium-term and annual plans for arranging the stable population.

2. Review, consolidate investment projects for urgent and emergency arrangements of the stable population proposed by localities and coordinate with relevant ministries and sectors to submit to the Prime Minister for consideration and decision.

3. Study and develop proposals, projects, and databases related to adjusting and supplementing mechanisms and policies for arranging the stable population; solutions for organizing management and effectively implementing the Population Arrangement Program.

4. Develop the budget estimate for regular expenses to implement the contents and tasks of the Population Arrangement Program and consolidate them in the budget estimate of the Ministry of Agriculture and Rural Development, submitting to the competent authority for consideration and approval.

5. Develop promotional activities; models and projects supporting production development in areas of stable population arrangement; content, programs, materials and coordinate with localities and training institutions to organize training, capacity building, and training for cadres, civil servants, and personnel involved in population arrangement at all levels.

6. Inspect, evaluate, consolidate, and report to the competent authority the results of implementing the Population Arrangement Program.

Article 13. Responsibilities of the People's Committee at the provincial level

1. Reviewing and compiling the content of population resettlement into the medium-term public investment plan of the province, submitting to the competent authority for consideration and approval; establishing, examining, and approving projects for centralized population resettlement and schemes for interwoven population resettlement according to the provisions set forth in Articles 4 and 5 of this Circular and other relevant legal documents.

2. Developing medium-term plans and annual plans to implement the objectives and tasks of the Population Resettlement Program and sending them to the Ministry of Agriculture and Rural Development for consolidation and submission to the Ministry of Planning and Investment and the Ministry of Finance as prescribed.

3. Based on the actual situation of the locality, developing and submitting to the Provincial People's Council for promulgation mechanisms and policies to support the implementation of the contents and solutions of the Population Resettlement Program.

4. Proactively allocating local budget funds, combining and integrating funds from various programs and projects and other lawful sources within the area to implement the Population Resettlement Program.

5. Conducting inspections, monitoring, and evaluating the implementation of population resettlement projects and schemes within the jurisdiction.

6. Assigning the Department of Agriculture and Rural Development to take the lead and act as the focal point (permanent agency) to coordinate with related departments and sectors to assist the Provincial People's Committee in managing, directing, and organizing the implementation of the Population Resettlement Program to ensure investment effectiveness; preparing budgets for the implementation of the Program's contents and tasks annually for submission to the competent authority for approval to organize the implementation.

7. Compiling and reporting on the results of implementing the Population Resettlement Program every six months, annually, and during each phase to the Ministry of Agriculture and Rural Development.

Article 14. Effective Date

1. This Circular takes effect from February 5, 2024.

2. In cases where the legal documents cited in this Circular are amended, supplemented, or replaced by other legal documents, the provisions of the amended, supplemented, or replacing legal documents shall apply.

3. During the implementation of this Circular, if any issues arise or difficulties occur, the relevant agencies, units, organizations, and individuals shall promptly reflect these to the Ministry of Agriculture and Rural Development for study, consideration, amendment, and supplementation as appropriate./.