Decision No. 30/2012/QĐ-TTg On criteria for identifying particularly difficult communes and ethnic minority and mountainous area communes for the period 2012-2015

Pursuant to …;

On criteria for identifying particularly difficult communes and ethnic minority and mountainous area communes for the period 2012-2015

 and mountainous regions during the period 2012-2015

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

At the proposal of the Minister, Head of the Committee for Ethnic Minorities;

The Prime Minister issues this Decision on criteria for identifying particularly difficult communes and ethnic minority and mountainous area communes for the period 2012-2015.

Article 1. Applicability

1. Communes and villages located in ethnic minority and mountainous areas.

2. Communes located in plains provinces where ethnic minorities reside.

Article 2. Criteria for identifying particularly difficult communes

A particularly difficult commune is a commune that meets all three of the following criteria:

1. Meeting both of the following conditions:

a) The proportion of poor households and near-poor households is 55% or more; among which, the proportion of poor households must be 25% or more.

b) Having at least two of the following three factors:

- Over 80% of laborers have not received vocational training.

- Over 50% of households do not have sanitary toilets.

- Over 30% of households lack access to clean water for daily use.

2. Meeting at least two of the following three conditions:

a) Over 20% of households lack agricultural land.

b) Over 50% of cultivated land requires irrigation but has not been irrigated.

c) Having at least one of the following two factors:

- Lack of village-level agricultural extension workers.

- Less than 10% of households engage in non-agricultural occupations.

3. Meeting both of the following conditions:

a) There is no hard-surfaced road connecting the commune to the district center according to new rural development criteria.

b) Having at least one of the following three factors:

- Insufficient classrooms for kindergarten classes as prescribed.

- Over 30% of households do not have electricity for daily use.

- Lack of a community house meeting standards.

Article 3. Ethnic minority and mountainous area communes are classified into three zones: Zone III communes are those with the most difficult socio-economic conditions; Zone II communes are those with still difficult but temporarily stable socio-economic conditions; and Zone I communes are the remaining communes.

1. Criteria for Zone III communes: Zone III communes are those that meet at least four of the following five criteria:

a) The proportion of particularly difficult communes remains at 35% or more (mandatory criterion).

b) The proportion of poor and near-poor households is 45% or more; among which, the proportion of poor households must be 20% or more.

c) Meeting at least three of the following five conditions:

- Main roads within the commune and between communes have not been asphalted or concreted.

- At least one commune does not have national grid electricity.

 - Insufficient classrooms for primary school classes or village-level classes as prescribed by the Ministry of Education and Training.

- The commune health station does not meet standards set by the Ministry of Health.

- The commune cultural house does not meet standards set by the Ministry of Culture, Sports and Tourism.

d) Meeting at least two of the following three conditions:

- Over 30% of households lack access to clean water for daily use.

- Over 60% of laborers have not received vocational training.

- Over 50% of commune-level specialized staff and civil servants do not meet standards set by regulations.

đ) Meeting at least two of the following three conditions:

- Over 20% of households lack agricultural land as prescribed.

- Lack of qualified commune-level agricultural extension workers.

- Less than 10% of households engage in non-agricultural occupations.

2. Criteria for Zone II communes: Zone II communes are those that meet at least four of the following five criteria:

a) The proportion of particularly difficult communes is less than 35% (mandatory criterion).

b) The proportion of poor and near-poor households is from 20% to under 45%; among which, the proportion of poor households is from 10% to under 20%.

c) Meeting at least two of the following four conditions:

- Main roads within the commune and between communes to villages have not been asphalted or concreted.

- At least one commune does not have national grid electricity.

- Insufficient classrooms for primary school classes or village-level classes as prescribed by the Ministry of Education and Training.

- The commune health station does not meet standards set by the Ministry of Health.

d) Meeting at least two of the following three conditions:

- Less than 30% of households lack access to clean water for daily use.

- The proportion of laborers who have not received vocational training is from 30% to under 60%.

- From 30% to under 50% of commune-level specialized staff and civil servants do not meet standards set by regulations.

đ) Meeting at least one of the following two conditions:

- From 10% to under 20% of households lack agricultural land as prescribed.

- Lack of qualified commune-level agricultural extension workers.

3. Criteria for Zone I communes

These are the remaining communes in ethnic minority and mountainous areas that are neither Zone III nor Zone II communes.

Article 4. Implementation

1. Ethnic Minority Committee:

a) Establishing an Advisory Council to assist the Minister, Chairman of the National Ethnic Minorities Committee in reviewing and deciding on the recognition of particularly difficult communes and Zone I, II, and III communes in ethnic minority and mountainous areas; members of the Council include representatives from the Ministries of Planning and Investment, Finance, Labor, Invalids and Social Affairs, Home Affairs, Education and Training, Health, Agriculture and Rural Development, Natural Resources and Environment, Transport, Culture, Sports and Tourism, and representatives from some related agencies and organizations.

b) Deciding on the recognition of particularly difficult communes and Zone I, II, and III communes in ethnic minority and mountainous areas for the period 2012-2015; guiding the implementation of the identification of ethnic minority and mountainous areas according to the prescribed regulations.

2. The Ministries of Planning and Investment, Finance, Labor, Invalids and Social Affairs, Home Affairs, Education and Training, Health, Agriculture and Rural Development, Natural Resources and Environment, Transport, Culture, Sports and Tourism shall cooperate with the National Ethnic Minorities Committee to guide localities in implementing these measures.

3. Provincial People's Committees under the Central Government:

Based on the criteria stipulated in this Decision, directing the People's Committees at the district and commune levels to conduct field investigations, identify particularly difficult communes and Zone I, II, and III communes in ethnic minority and mountainous areas for the period 2012-2015; compile and report to the National Ethnic Minorities Committee for review and decision on recognition.

Article 5. This Decision takes effect from September 6, 2012.

Repealing Decision No. 393/2005/QĐ-UBDT dated August 29, 2005 issued by the Minister, Chairman of the National Ethnic Minorities Committee on the issuance of criteria for defining ethnic minority and mountainous areas based on their level of development.

Article 6. THE MINISTERS, HEADS OF GOVERNMENT-LEVEL MINISTRIES, HEADS OF GOVERNMENT-LEVEL AGENCIES, AND CHAIRMEN OF PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT SHALL BE RESPONSIBLE FOR ENFORCING THIS DECISION./.