Decision No. 36/2021/QĐ-TTg On criteria for identifying poor districts and extremely difficult communes in coastal, seaside, and island areas for the period 2021-2025

Pursuant to …;

On criteria for identifying poor districts and extremely difficult communes in coastal, seaside, and island areas during the period from 2021 to 2025

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

Pursuant to the Law on Local Administration Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

Pursuant to Resolution No. 24/2021/QH15 dated July 28, 2021 of the National Assembly approving the investment orientation plan for the National Target Program on Sustainable Poverty Reduction for the period 2021-2025;

Pursuant to Decree No. January 27, 2021 of the Government on multidimensional poverty standards for the period 2021-2025.   On the basis of Decree No. /2025/NĐ-CP dated  Month 02 Year 2025 of the Government amending and supplementing some articles of Decree No.

Decree No. 07/2021/NĐ-CP

The Prime Minister issues this Decision on criteria for identifying poor districts and extremely difficult communes in coastal, seaside, and island areas during the period from 2021 to 2025.

Article 1. Scope of Regulation

This Decision stipulates criteria for identifying poor districts and extremely difficult communes in coastal, seaside, and island areas during the period from 2021 to 2025.

Article 2. Applicability

1. All districts throughout the country, excluding those recognized by competent authorities as having achieved the new rural standard.

2. Communes with boundaries adjacent to the sea or commune islands, sandbars, river deltas, peninsulas, or islands, or communes affected by continuous saltwater intrusion for three months or more annually throughout the country, excluding those recognized by competent authorities as having achieved the new rural standard.

3. Relevant agencies, units, organizations, and individuals.

Article 3. Criteria for Identifying Poor Districts

1. Criteria for identifying poor districts include four criteria, specifically as follows:

a) The proportion of households living in poverty and near-poverty according to the multidimensional poverty standard for the period 2022-2025.

b) The level of socio-economic development of administrative units at the commune level within the district.

c) Average per capita income in the district.

d) Whether the district is located in mountainous, highland, border regions or other regions.

2. The system of criteria and indicators for identifying poor districts is specified in Appendix I attached to this Decision.

Article 4. Criteria for Identifying Extremely Difficult Communes in Coastal, Seaside, and Island Areas

Criteria for identifying extremely difficult communes in coastal, seaside, and island areas include two criteria, specifically as follows:

1. Communes with boundaries adjacent to the sea or commune islands, sandbars, river deltas, peninsulas, or islands, with a poverty rate and near-poverty rate of 15% or higher according to the multidimensional poverty standard for the period 2022-2025; communes affected by continuous saltwater intrusion for three months or more annually and with a poverty rate and near-poverty rate of 12% or higher according to the multidimensional poverty standard for the period 2022-2025.

2. Lacking (or not meeting) three out of nine infrastructure works for accessing basic social services, serving daily life, specifically:

a) The commune has not met the national standard for health care as prescribed by the Ministry of Health.

b) The physical facilities of kindergartens or primary schools or junior secondary schools have not reached Level 2 of the national standard as prescribed by the Ministry of Education and Training.

c) The proportion of sturdy classrooms in kindergartens and nursery classes according to the regulations of the Ministry of Education and Training is less than 75%.

d) There is no community cultural house or multi-purpose hall and sports field serving the cultural and sports activities of the entire commune as prescribed by the Ministry of Culture, Sports and Tourism.

đ) The proportion of households accessing clean water for daily use according to the regulations of the Ministry of Health is less than 85%.

e) The proportion of households using hygienic toilets according to the regulations of the Ministry of Health is less than 70%.

g) The proportion of kilometers of main commune roads and inter-commune roads that have been paved or concreted and meet the technical standards of the Ministry of Transport is less than 85%.

h) The proportion of kilometers of main village roads that have been hardened and meet the technical standards of the Ministry of Transport is less than 75%.

i) The proportion of kilometers of main irrigation roads that have been hardened and allow convenient passage of motor vehicles and meet the technical standards of the Ministry of Transport is less than 40% (specifically in the Mekong Delta region, it is less than 30%).

Article 5. Documents for Proposing to Identify Poor Districts and Particularly Difficult Communes in Coastal, Coastal, and Marine Island Areas

1. Documents for Proposing to Identify Poor Districts

a) Documents of the People's Committee at the district level include:

- A proposal from the People's Committee at the district level requesting to identify poor districts;

- A report from the People's Committee at the district level on the degree of meeting the criteria specified in Article 3 of this Decision and supporting documents and data;

b) Documents of the People's Committee at the provincial level include:

- A proposal from the People's Committee at the provincial level requesting to identify poor districts;

- An aggregated and evaluated report from the People's Committee at the provincial level for each district based on the criteria specified in Article 3 of this Decision and supporting documents and data;

- A list of poor districts proposed by the People's Committee at the provincial level;

- An audit report from the Department of Labor, Invalids, and Social Affairs;

- A decision approving the results of reviewing poor households and near-poor households by the People's Committee at the provincial level, detailed by each district;

- One original set of documents of the People's Committee at the district level as stipulated in point a of this clause.

2. Documents for Proposing to Identify Particularly Difficult Communes in Coastal, Coastal, and Marine Island Areas

a) Documents of the People's Committee at the commune level include:

- A proposal from the People's Committee at the commune level requesting to identify particularly difficult communes in coastal, coastal, and marine island areas;

- An evaluation report from the People's Committee at the commune level on the degree of meeting the criteria specified in Article 4 of this Decision and supporting documents and data;

b) Documents of the People's Committee at the district level include:

- A proposal from the People's Committee at the district level requesting to identify particularly difficult communes in coastal, coastal, and marine island areas;

- An aggregated and evaluated report from the People's Committee at the district level for each commune based on the criteria specified in Article 4 of this Decision and supporting documents and data;

- A list of particularly difficult communes in coastal, coastal, and marine island areas proposed by the People's Committee at the district level;

- A decision approving the results of reviewing poor households and near-poor households by the People's Committee at the district level, detailed by each commune;

- Two original sets of documents of the People's Committee at the commune level as stipulated in point a of this clause.

c) Documents of the People's Committee at the provincial level include:

- A proposal from the People's Committee at the provincial level requesting to identify particularly difficult communes in coastal, coastal, and marine island areas;

- An aggregated and evaluated report from the People's Committee at the provincial level for each commune based on the criteria specified in Article 4 of this Decision and supporting documents and data;

- A list of particularly difficult communes in coastal, coastal, and marine island areas proposed by the People's Committee at the provincial level;

- An audit report from the Department of Labor, Invalids, and Social Affairs;

- One original set of documents of the People's Committee at the district level as stipulated in point b of this clause and one original set of documents of the People's Committee at the commune level as stipulated in point a of this clause.

3. The format of the Proposal and Report as specified in Appendix II attached to this Decision.

Article 6. Procedures and Formalities for Identifying Poor Districts and Particularly Difficult Communes in Coastal, Coastal, and Marine Island Areas

1. Procedures and Formalities for Identifying Poor Districts

a) The People's Committee at the district level prepares two sets of documents according to the provisions of point a of Clause 1 and Clause 3 of Article 5 of this Decision, and submits them to the People's Committee at the provincial level.

b) Within 15 days from the date of receiving complete documents from the People's Committee at the district level, the People's Committee at the provincial level reviews, audits, and prepares documents according to the provisions of point b of Clause 1 and Clause 3 of Article 5 of this Decision, and submits them to the Ministry of Labor, Invalids, and Social Affairs. In case the documents do not meet the requirements, the People's Committee at the provincial level issues a written response specifying the reasons.

c) Within 30 days from the date of receiving complete documents from the People's Committee at the provincial level, the Ministry of Labor, Invalids, and Social Affairs aggregates and evaluates; based on the ability to allocate resources, it compiles a list of poor districts with a total score of 100 points or less according to the system of indicators of the criteria for identifying poor districts specified in Appendix I attached to this Decision and the priority order according to the criteria for identifying poor districts specified in Article 3 of this Decision, and submits it for approval.

2. Procedures and Formalities for Identifying Particularly Difficult Communes in Coastal, Coastal, and Marine Island Areas

a) The People's Committee at the commune level prepares three sets of documents according to the provisions of point a of Clause 2 and Clause 3 of Article 5 of this Decision, and submits them to the People's Committee at the district level.

b) Within 10 days from the date of receiving complete documents from the People's Committee at the commune level, the People's Committee at the district level checks, aggregates, and prepares two sets of documents according to the provisions of point b of Clause 2 and Clause 3 of Article 5 of this Decision, and submits them to the People's Committee at the provincial level. In case the documents do not meet the requirements, the People's Committee at the district level issues a written response specifying the reasons.

c) Within 15 days from the date of receiving complete documents from the People's Committee at the district level, the People's Committee at the provincial level reviews, audits, and prepares documents according to the provisions of point c of Clause 2 and Clause 3 of Article 5 of this Decision, and submits them to the Ministry of Labor, Invalids, and Social Affairs. In case the documents do not meet the requirements, the People's Committee at the provincial level issues a written response specifying the reasons.

d) Within 30 days from the date of receiving complete documents from the People's Committee at the provincial level, the Ministry of Labor, Invalids, and Social Affairs aggregates and evaluates; compiles a list of particularly difficult communes in coastal, coastal, and marine island areas, and submits it for approval.

Article 7. Implementation funds

The cost of preparing documents to identify poor districts and particularly difficult communes in coastal, coastal, and marine island areas during the period 2021-2025 shall be guaranteed by the state budget in accordance with the laws on the state budget.

Article 8. Implementation organization

1. Ministry of Labor, Invalids and Social Affairs

a) To take the lead and coordinate with relevant ministries and sectors to guide and direct the review and preparation of documents to identify poor districts and particularly difficult communes in coastal, coastal, and marine island areas during the period 2021-2025.

b) To organize evaluations and submit for approval. The Prime Minister approves the list of poor districts and particularly difficult communes in coastal, coastal, and marine island areas.

2. Provincial People's Committees

a) To take the lead in preparing documents proposing to identify poor districts and particularly difficult communes in coastal, coastal, and marine island areas during the period 2021-2025 within their jurisdiction.

b) To provide and be responsible for the accuracy of the documents proposing to identify poor districts and particularly difficult communes in coastal, coastal, and marine island areas during the period 2021-2025 within their jurisdiction.

The poverty rate and near-poverty rate criteria are determined based on the results of reviewing poor households and near-poor households in 2021 according to the multidimensional poverty standard for the period 2022-2025; other criteria are determined based on the data at the time of preparing the documents.

c) In the year 2025, conduct reviews and evaluations of poor districts within the jurisdiction, submit to the Ministry of Labor - Invalids and Social Affairs according to the procedures and formalities stipulated in Article 6 of this Decision for consolidation and reporting. The Prime Minister on districts that have escaped poverty with scores below 50 points under the system of indicators for determining poor districts as specified in Appendix I attached to this Decision.

Annually, organize reviews and report to the Ministry of Labor - Invalids and Social Affairs the list of particularly difficult communes in coastal and island areas recognized by competent authorities as becoming wards, towns, or achieving new rural standards for consolidation and reporting to the Prime Minister.

Article 9. Effective Date

1. This Decision takes effect from January 28, 2022.

2. Decisions No. 2115/QĐ-TTg dated November 7, 2016, of the Prime Minister regarding the issuance of criteria for poor districts applicable from 2017 to 2020, and Decision No. 1559/QĐ-TTg dated August 5, 2016, of the Prime Minister regarding the issuance of criteria for particularly difficult communes in coastal and island areas from 2016 to 2020 shall cease to be effective from the date this Decision comes into force.

Article 10. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decision.