Decision No. 33/2020/QĐ-TTg Criteria for Delineating Areas Inhabited by Ethnic Minority Groups and Mountainous Regions Based on Development Level for the Period 2021-2025

Pursuant to …;

On criteria for delineating areas inhabited by ethnic minority groups and mountainous regions according to their level of development

period 2021-2025

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant to Resolution No. 88/2019/QH14 dated November 18, 2019 of the 14th National Assembly approving the Overall Plan for Economic and Social Development of Areas Inhabited by Ethnic Minority Groups and Mountainous Regions for the period 2021-2030;

Pursuant to Decree No. 138/2016/NĐ-CP dated October 1, 2016 of the Government on the issuance of the working regulations of the Government;

Pursuant to Resolution No. 28/NQ-CP dated March 10, 2020 of the Government on the regular meeting of the Government in February 2020;

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

The Prime Minister issues this Decision on Criteria for Delineating Areas Inhabited by Ethnic Minority Groups and Mountainous Regions According to Their Level of Development for the period 2021-2025.

Article 1. Scope of Regulation

This Decision stipulates criteria for delineating areas inhabited by ethnic minority groups and mountainous regions for the period 2021-2025.

Article 2. Applicability

1. Communes, wards, towns (hereinafter referred to collectively as communes) where the proportion of households of ethnic minorities in the total number of households living stably as a community is 15% or more.

2. Villages, hamlets, villages, phums, socs, xoms, appers, residential areas, people's wards, and equivalent units (hereinafter referred to collectively as villages) where the proportion of households of ethnic minorities in the total number of households living stably as a community is 15% or more.

Article 3. Criteria for determining Communes in Region III (Communes with Special Difficulties)

Communes in Region III within areas inhabited by ethnic minority groups and mountainous regions are communes falling under the objects defined in Article 2 of this Decision, which have not yet been recognized as meeting the standards for new rural areas and meet one of the following two criteria:

1. Have a poverty rate of 20% or higher (for communes in the Mekong Delta region, a poverty rate of 15% or higher or having over 150 poor households that are ethnic minority households).

2. Have a poverty rate of 15% to less than 20% (for communes in the Mekong Delta region, a poverty rate of 12% to less than 15%) and meet one of the following criteria:

a) More than 60% of the poor households are ethnic minority households in the total number of poor households in the commune;

b) The percentage of ethnic minority individuals aged 15 to 60 who cannot read or write in the common language is 20% or higher;

c) The proportion of workers who have jobs but have not undergone training for three months or longer exceeds 80% of the total number of employed workers;

d) The road from the district center to the commune center is over 20 kilometers long, of which more than 50% of the kilometers have not been paved with asphalt or concrete.

Article 4. Criteria for determining Communes in Region I (Communes at the Initial Stage of Development)

Communes in Region I within areas inhabited by ethnic minority groups and mountainous regions are communes falling under the objects defined in Article 2 of this Decision and meet one of the following two criteria:

1. Have a poverty rate below 10%.

2. Have been recognized as meeting the standards for new rural areas.

Article 5. Criteria for determining Communes in Region II (Communes with Continued Difficulties)

Communes in Region II within areas inhabited by ethnic minority groups and mountainous regions are the remaining communes after identifying communes in Region III and Region I.

Article 6. Criteria for determining Villages with Special Difficulties

Villages with Special Difficulties within areas inhabited by ethnic minority groups and mountainous regions are villages falling under the objects defined in Article 2 of this Decision and meet one of the following two criteria:

1. Have a poverty rate of 20% or higher (for the Mekong Delta region, a poverty rate of 15% or higher or having over 30 poor households that are ethnic minority households).

2. Have a poverty rate of 15% to less than 20% (for the Mekong Delta region, a poverty rate of 12% to less than 15%) and meet one of the following criteria:

a) More than 60% of the poor households are ethnic minority households in the total number of poor households in the village;

b) There is no road connecting the village to the commune center or there is a road but it is very difficult to travel, especially during the rainy season;

c) There is no national power grid or although there is, more than 30% of households do not use the national power grid.

Article 7. Procedures, formalities, and time limits for identifying communes in Zone III, II, I and particularly difficult hamlets in ethnic minority and mountainous regions

1. At commune level: The People's Committee at the commune level shall base on the criteria stipulated in Articles 2, 3, 4, 5, and 6 of this Decision to identify communes in Zone III, II, I and particularly difficult hamlets in ethnic minority and mountainous regions according to their level of development; prepare a report on the identification results and submit it to the People's Committee at the district level within fifteen working days from the date the People's Committee at the district level directs the implementation and organization thereof.

2. At district level: After receiving all files from the communes, the People's Committee at the district level shall direct the consolidation, review, inspection, and preparation of a report to be submitted to the People's Committee at the provincial level regarding the identification results of communes in Zone III, II, I and particularly difficult hamlets within thirty working days from the date the People's Committee at the provincial level directs the implementation and organization thereof.

3. At provincial level: After receiving all files from the districts, the People's Committee at the provincial level shall direct the organization of reviews, appraisals, and completion of files to be submitted to the Ethnic Minority Committee within forty-five working days from the date of receipt of the directive document for implementation issued by the central agency.

4. At central level: The Ethnic Minority Committee shall consolidate, organize appraisals, approve the list of particularly difficult hamlets, and report to the Prime Minister for consideration and approval of the list of communes in Zone III, II, I in ethnic minority and mountainous regions within forty-five working days from the date of receipt of the full files from the People's Committee at the provincial level.

Article 8. Files for Identifying Communes in Zone III, II, I and Particularly Difficult Hamlets in Ethnic Minority and Mountainous Regions

1. Files from the commune level sent to the district level: Two sets, each set including:

a) A commune and hamlet evaluation table regarding the degree of meeting or not meeting the criteria stipulated in Articles 2, 3, 4, 5, and 6 of this Decision;

b) List of particularly difficult hamlets and hamlets identified as being in ethnic minority and mountainous regions.

2. Files from the district level sent to the provincial level: One set, including:

3. Provincial-level documents submitted to the National Ethnic Committee: 01 set, including:

a) Report on results and detailed list of communes in Zone III, II, I and particularly difficult hamlets in ethnic minority and mountainous regions;

b) Decision approving the poverty rate determination results of the competent authority for communes and hamlets;

c) Data on population, percentage of ethnic minority households, poor ethnic minority households, and data, documents related to the criteria stipulated in Articles 2, 3, 4, 5, and 6 of this Decision.

d) A review report from the specialized agency responsible for ethnic affairs under the provincial People's Committee.

4. In cases where the documents and materials do not meet the requirements, within five working days from the date of receipt of the documents, the receiving agency must issue a written response and guidance for localities to be aware and implement.

Article 9. Funding for Implementation

Funding for organizing implementation and preparing files to identify particularly difficult hamlets and communes in ethnic minority and mountainous regions shall be guaranteed by local budgets according to the current state budget management hierarchy.

Article 10. Implementation Organization

1. Ethnic Minority Committee:

a) Take the lead and coordinate with the Ministries of Planning and Investment, Finance, Labor, Invalids and Social Affairs, Home Affairs, Education and Training, Health, Agriculture and Rural Development, Industry and Trade, Natural Resources and Environment, Transport, Culture, Sports and Tourism, and relevant agencies to guide and direct localities to organize reviews and identify communes in Zone III, II, I and particularly difficult hamlets in ethnic minority and mountainous regions;

b) Organize appraisals, compile lists of communes in Zone III, II, I in ethnic minority and mountainous regions, report to the Prime Minister for consideration and decision; advise the Prime Minister to decide on amendments and supplements to the list of communes in Zone III, II, I in ethnic minority and mountainous regions in accordance with actual conditions;

c) The Chairman of the Ethnic Minority Committee shall consider and decide on recognizing the list of particularly difficult hamlets in ethnic minority and mountainous regions.

2. Provincial People's Committees and centrally governed city People's Committees:

a) Based on the criteria stipulated in this Decision, direct the People's Committees at the district and commune levels to organize reviews and compile lists of communes in Zone III, II, I and particularly difficult hamlets in ethnic minority and mountainous regions to be submitted to the Ethnic Minority Committee.

b) Provide and be responsible for the accuracy of related documents and data during the verification and review process to identify communes in Zone III, II, I and particularly difficult hamlets in ethnic minority and mountainous regions.

3. Review data for determining the criteria: Calculated as of December 31, 2019.

Article 11. Implementation Provisions

1. This Decision takes effect from December 31, 2020, replacing Decision No. 50/2016/QĐ-TTg dated November 3, 2016 of the Prime Minister on Criteria for Identifying Particularly Difficult Hamlets and Communes in Ethnic Minority and Mountainous Regions for the period 2016-2020.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision./.