Decision No. 50/2016/QD-TTg on criteria for identifying particularly difficult communes and ethnic minority and mountainous area communes for the period 2016-2020.

Pursuant to …;

Regarding the criteria for identifying particularly difficult communes,

ethnic minority and mountainous areas during the period 2016-2020

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

Pursuant to Resolution No. 100/2005/QH13 dated November 12, 2015 of the National Assembly on approving the investment orientation of national target programs for the period 2016-2020;

Pursuant to Resolution No. 76/2014/QH13 dated June 24, 2014 of the National Assembly on accelerating the goal of sustainable poverty reduction by 2020;

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

The Prime Minister issues this Decision on the criteria for identifying particularly difficult communes, ethnic minority and mountainous areas during the period 2016-2020,

Article 1. Scope of regulation, subjects of application:

1. Scope of regulation: This Decision stipulates the criteria, procedures, formalities, and files for identifying particularly difficult communes, ethnic minority and mountainous areas during the period 2016-2020.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Communes, villages, hamlets, phums, socs, neighborhoods, wards... (hereinafter referred to collectively as communes) located in ethnic minority and mountainous areas;

b) Communes, towns, townships (hereinafter referred to collectively as communes) located in ethnic minority and mountainous areas.

Article 2. Criteria for identifying particularly difficult communes

A particularly difficult commune is a commune that meets one of the following two criteria:

1. The total percentage of poor and near-poor households is 65% or more (of which the percentage of poor households is 35% or more) according to the multidimensional poverty standard for the period 2016-2020.

2. The total percentage of poor and near-poor households is 55% or more (in the East South region and the Mekong Delta region, it is 30% or more) according to the multidimensional poverty standard for the period 2016-2020, and has at least 2 out of 3 factors below (for communes with 80% or more ethnic minority households, only 1 out of 3 factors is required):

a) The main road of the commune or inter-commune road has not been hardened according to the new rural area criteria;

b) At least 60% of kindergartens' classrooms have not been made solid;

c) There is no communal cultural center-sports area according to the regulations of the Ministry of Culture, Sports and Tourism.

Article 3. Communes in ethnic minority and mountainous areas are classified into three regions: Region III communes are those with extremely difficult socio-economic conditions; Region II communes are those with still difficult socio-economic conditions but temporarily stable; Region I communes are the remaining communes.

1. Criteria for Region III communes:

A Region III commune is a commune that meets at least 2 out of the following 3 criteria:

a) The proportion of particularly difficult communes is still 35% or more (mandatory criterion);

b) The total percentage of poor and near-poor households is 65% or more (of which the percentage of poor households is 35% or more) according to the multidimensional poverty standard for the period 2016-2020;

c) The total percentage of poor and near-poor households is 55% or more (in the East South region and the Mekong Delta region, it is 30% or more) according to the multidimensional poverty standard for the period 2016-2020, and has at least 3 out of the following 6 conditions (for communes with 60% or more ethnic minority households, at least 2 out of 6 conditions are required):

- The main road to the People's Committee of the commune or inter-commune road has not been asphalted or cemented according to the new rural area criteria;

- Kindergarten, primary school, or junior high school has not reached the national standard according to the regulations of the Ministry of Education and Training;

- Has not met the national standard for commune health according to the regulations of the Ministry of Health;

- There is no communal cultural and sports center according to the regulations of the Ministry of Culture, Sports and Tourism;

- More than 20% of households still do not have clean drinking water;

- More than 40% of households still do not have hygienic toilets according to the regulations of the Ministry of Health.

2. Criteria for Region II communes:

A Region II commune is a commune that meets one of the following 3 criteria:

a) The total percentage of poor and near-poor households is 55% or more (in the East South region and the Mekong Delta region, it is 30% or more) according to the multidimensional poverty standard for the period 2016-2020, and does not meet 3 out of the 6 conditions (for communes with 60% or more ethnic minority households, does not meet 2 out of 6 conditions) stipulated in point c, Clause 1, Article 3 of this Decision;

b) The total percentage of poor and near-poor households is from 15% to less than 55% (in the East South region and the Mekong Delta region, it is from 15% to less than 30%) according to the multidimensional poverty standard for the period 2016-2020;

c) The total percentage of poor and near-poor households is less than 15% according to the multidimensional poverty standard for the period 2016-2020, and has at least one particularly difficult commune.

3. Criteria for Region I communes:

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

Article 4. Procedures and time limits for identifying particularly difficult communes and ethnic minority and mountainous area communes:

1. Procedures:

The process of identifying particularly difficult communes and communes in regions III, II, and I within ethnic minority and mountainous areas shall be carried out in accordance with the following sequence:

a) Commune level: Based on the criteria stipulated in Articles 2 and 3 of this Decision and specific conditions of the commune, the People's Committee of the commune directs the communes to organize the identification of particularly difficult communes; organize the identification of communes in region III, II, and I; prepare reports to send to the People's Committee of the district regarding the results of identifying particularly difficult communes and ethnic minority and mountainous area communes;

b) District level: After receiving all files from the communes, the People's Committee of the district directs the consolidation and preparation of reports to send to the People's Committee of the province regarding the results of identifying particularly difficult communes and ethnic minority and mountainous area communes in the district;

c) Provincial level: After receiving all files from the districts, the People's Committee of the province organizes the review (the Ethnic Affairs Office under the People's Committee of the province takes the lead, coordinating with relevant departments to conduct the review). Based on the review results, the People's Committee of the province prepares a Review Report and proposes it to the Ethnic Committee for consolidation and submission to the Prime Minister for decision;

d) Central level: After receiving all files regarding the results of identifying particularly difficult communes and ethnic minority and mountainous area communes from the People's Committees of the provinces in accordance with regulations, the Ethnic Committee leads, coordinating with relevant ministries and agencies to review, inspect, and consolidate for submission to the Prime Minister for consideration and decision.

2. Time limits:

a) Commune level: The time limit for identifying particularly difficult communes and communes in regions III, II, and I and completing related procedures and files to be sent to the district level shall not exceed 20 working days from the date this Decision comes into effect;

b) District level: The time limit for consolidating and completing related procedures and files to be sent to the provincial level for review shall not exceed 10 working days;

c) Provincial level: The time limit for reviewing and completing related procedures and files to be sent to the central level shall not exceed 15 working days;

d) In cases where the files do not meet the requirements, within 10 working days from the date of receipt of the files, the agency receiving the files must issue a written response and guidance for the locality to know and implement.

Article 5. Files for Identifying Particularly Difficult Communes and Ethnic Minority and Mountainous Area Communes:

1. Files at the commune level to be sent to the district level: 2 sets, including:

a) A table evaluating the degree of meeting or not meeting the criteria stipulated in Article 2 of this Decision by the communes;

b) A list of communes identified as particularly difficult and those not identified as particularly difficult;

c) A report on the results of identifying communes in regions III, II, and I.

2. Files at the district level to be sent to the provincial level: 1 set, including:

a) A report evaluating the results of identifying particularly difficult communes and communes in regions III, II, and I, accompanied by: A consolidated list of communes in regions III, II, and I; a consolidated list of communes (including both particularly difficult communes and those not identified as particularly difficult);

b) A document requesting the People's Committee of the province to review the results of identifying particularly difficult communes and ethnic minority and mountainous area communes;

c) 1 set of files as specified in Clause 1 of Article 5 of this Decision.

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

a) A report on the results of identifying particularly difficult communes and ethnic minority and mountainous area communes, accompanied by a consolidated list of particularly difficult communes and communes in regions III, II, and I sent to the Ethnic Committee for consolidation and submission to the Prime Minister for consideration and decision;

b) A review report and accompanying documents and evidence.

Article 6. Review, amendment, and supplementation of particularly difficult communes and ethnic minority and mountainous area villages in cases of division, establishment, merger, dissolution, or impact from natural disasters and epidemics (if any):

1. Each year, the People's Committee of the province shall direct the review, file preparation, and organization of assessment based on the criteria stipulated in Articles 2 and 3 of this Decision, to be submitted to the Committee for Ethnic Minorities for consolidation and presentation to the Prime Minister for consideration and decision regarding the amendment and supplementation of the list of particularly difficult communes and ethnic minority and mountainous area villages.

2. The procedures and files for identifying particularly difficult communes and ethnic minority and mountainous area villages shall be carried out in accordance with the provisions of Articles 4 and 5 of this Decision.

3. The file must be submitted to the Committee for Ethnic Minorities before June 1st each year.

Article 7. Funding Implementation:

The funding for organizing implementation and preparing files to identify particularly difficult communes and ethnic minority and mountainous area villages shall be guaranteed by local budgets according to the current state budget management hierarchy.

Article 8. Implementation Organization:

1. The Committee for Ethnic Minorities: Shall take the lead and coordinate with relevant ministries and sectors to direct localities to implement, consolidate, and inspect the results of identifying particularly difficult communes and ethnic minority and mountainous area villages, and present them to the Prime Minister for consideration and decision.

2. The People's Committees of provinces and centrally-administered cities: Shall direct and organize the identification of particularly difficult communes and ethnic minority and mountainous area villages in accordance with the criteria, procedures, timeframes, and files specified in this Decision.

Article 9. Effective Date

This Decision takes effect from December 20, 2016, and replaces Decision No. 30/2012/QĐ-TTg dated July 18, 2012, of the Prime Minister on the criteria for identifying particularly difficult communes and ethnic minority and mountainous area villages for the period 2012-2015.

Article 10. Provisions on implementation

The Minister, Head of equivalent ministerial agencies, Head of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision./.