Circular No. 57/2004/TT-BNN guiding the implementation of policies to support migration and stabilize residents in border communes between Vietnam and China pursuant to Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Government Prime Minister.

CIRCULAR

Guidelines for implementing policies to support relocation and stabilize residents in border communes between Vietnam and China pursuant to Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister

Pursuant to Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister approving the Strategy for Economic and Social Development along the Vietnam-China Border until 2010;

After reaching consensus with relevant ministries and sectors, the Ministry of Agriculture and Rural Development provides guidelines for implementing policies to support relocation and stabilize residents in border communes between Vietnam and China as follows:

I. GENERAL PROVISIONS

b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.

These Circulars apply to support households relocating and stabilizing residents to implement the Planning and Stabilization Project of border communes between Vietnam and China (hereinafter referred to as the Project) according to Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister and approved by competent authorities in the provinces of Lai Chau, Dien Bien, Lao Cai, Ha Giang, Cao Bang, Lang Son, and Quang Ninh.

2. Recipients of Support

a. Households voluntarily relocating to live permanently (settling) in villages adjacent to the border (villages with administrative boundaries abutting the border) within the project area, according to the annual plan of the State, including:

- Households previously living in border communes between Vietnam and China who have moved elsewhere and returned to settle;

- Households currently residing in border communes but not in villages adjacent to the border or in other communes within the province, moving to settle;

- Ethnic minority households belonging to the target group for voluntary settlement, arranged to be stabilized in place or relocated to settle;

- Military personnel, civil servants, intellectuals, young volunteers, youth volunteers, defense workers bringing their families (parents, spouse, children) to relocate and settle in the project area or military personnel, civil servants, intellectuals, young volunteers, youth volunteers, defense workers establishing families and voluntarily settling in the project area;

- Households from other provinces relocating to settle.

b. Households registered as permanent residents, currently living in border communes, lacking agricultural land, now allocated land by the provincial People's Committee at levels consistent with the Land Law to clear new land for agricultural and forestry production according to approved local planning and plans.

c. Ethnic minority households and policy households experiencing genuine difficulties, legally residing stably in border communes, currently without housing or with houses made of thatch, bamboo, reed, and leaves that are leaking and unsafe during rain, floods, and typhoons, but unable to build, upgrade, or repair their homes. The list of these households is assessed by the village community where they reside, proposed by the commune People's Committee, and approved by the Chairman of the district People's Committee.

II. CONTENT AND SUPPORT LEVELS

1. Relocating households as defined in point a, section 2, part I of this Circular shall be supported as follows:

a. Support for clearing land to establish paddy fields and fixed plots as follows:

- Clearing land to establish fixed plots: VND 3 million/hectare

- Clearing land to establish paddy fields: VND 7 million/hectare

This support applies only when relocating households are allocated uncultivated land to clear and establish paddy fields or fixed plots themselves, and does not apply if the project approval specifies centralized clearing organized by the project sponsor from project funds.

b. Support for relocation, stabilization of production, and living conditions:

- Support at the departure location: transportation costs for people and luggage, food expenses, and medical expenses during relocation (collectively called relocation expenses) for relocating households from their old residence to their new residence funded from the state budget for relocation in the annual relocation plan of the state assigned to the locality (for households relocating within the province to villages adjacent to the border, relocation expenses are provided by the province, while for households relocating from other provinces, relocation expenses are provided by the province of origin).

- Support at the destination: VND 20 million/household for the following purposes: housing, drinking water, purchasing food (up to 12 months from the date of arrival at the new settlement), purchasing production tools, planting materials, livestock, and fertilizers. The Chairman of the People's Committee of the province of destination shall specify the form of support in cash or in kind and set specific levels for each type of support, with the amount of support for housing and drinking water not less than VND 16 million/household.

The VND 20 million/household support does not include the support for clearing land to establish paddy fields and fixed plots mentioned above.

2. Households as defined in point b, section 2, part I of this Circular shall be supported for clearing land to establish paddy fields and fixed plots as follows:

- Clearing land to establish fixed plots: VND 3 million/hectare.

- Clearing land to establish paddy fields: VND 7 million/hectare

3. Households as defined in point c, section 2, part I of this Circular shall be supported with VND 5 million/household for building, upgrading, and repairing housing.

The People's Committees of border provinces between Vietnam and China, based on the actual situation of each locality, shall specify concrete forms of support in raw materials or cash or organizing construction, upgrading, and repairing housing for residents; simultaneously mobilizing additional funding sources to ensure durable and safe housing for residents along the border during the rainy season, typhoons, and floods.

Housing construction must be integrated with residential planning and production planning already approved by competent authorities.

4. In addition, households settling in border communes are prioritized for preferential credit to develop production and enjoy other preferential policies in the area.

III. SOURCES OF FUNDS

1. The source of funds for implementing the policy to support migration and stabilize residents in border communes between Vietnam and China according to Decision 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister shall be guaranteed by the state budget and allocated together with the funds for implementing the project to stabilize residents and build new economic zones in poor communes under the National Target Program on Poverty Reduction and Employment according to the annual plan. For the year 2004, it will be implemented within the scope of the state budget estimate already assigned to localities in Decision No. 242/2003/QĐ-TTg dated November 17, 2003 of the Prime Minister and Decision No. 191/2003/QĐ-BTC dated November 17, 2003 of the Minister of Finance. In addition to the state budget funds according to the annual plan, localities need to integrate other sources of capital and mobilize local resources to invest in the planning and stabilization of border residents.

2. Management costs for implementing migration are non-recurring expenses that have been allocated in the administrative management expenditure budget of ministries, sectors, and localities annually based on the volume of work approved by the competent authority according to the current expenditure regulations to cover: propaganda and mobilization activities; inspection (including field inspections); printing of documents, files, forms; organizing the distribution of support money to residents; risk costs.

IV. BUDGET ESTIMATION, MANAGEMENT, AND SETTLEMENT

The process of preparing the budget for management and finalizing the funding for implementing the support system for migration and resident stabilization shall be carried out in accordance with Circular Joint No. 01/2003/TTLT-BKH-BTC dated January 6, 2003 of the Ministry of Planning and Investment and the Ministry of Finance guiding the implementation of Decision No. 42/2002/QĐ-TTg dated March 19, 2002 of the Prime Minister on managing the national target program and Circular No. 59/2003/TT-BTC dated June 23, 2003 of the Ministry of Finance guiding the implementation of Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law.

V. IMPLEMENTATION

1. Provincial People's Committees directly under the Central Government shall be responsible for:

- Developing plans for migration and resident stabilization for five years and annually at the local level (including contents related to migration and resident stabilization in border communes between Vietnam and China), reporting to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment, the Ministry of Finance, and the Committee for Ethnic Minorities for consolidation and submission to the Government for approval.

- Studying and surveying areas for sending and receiving residents; providing information about migration projects, planning, and resident stabilization; disseminating state policies, support systems, and procedures for migration to the public (especially ethnic minority groups).

- Organizing resident stabilization, relocation, and reception of migrant households; distributing support benefits to households fully, promptly, and in accordance with purpose and target groups; settling accounts for support funds according to current financial regulations.

- Provincial People's Committees along the border between Vietnam and China shall direct the preparation, approval, or submission to the competent authority for approval and organization of specific projects on planning and resident stabilization in border communes between Vietnam and China.

- Monitoring and inspecting the implementation of policies in their jurisdiction; promptly identifying and addressing difficulties and obstacles during the organization and implementation process at the local level, and proposing solutions to the Government and relevant ministries and sectors.

- To fulfill periodic (quarterly, annually) and ad hoc reporting requirements fully;

2. The Ministry of Agriculture and Rural Development shall be responsible for:

- Taking the lead and coordinating with relevant ministries and sectors to guide localities in developing planning and resident stabilization projects and border communes between Vietnam and China, and developing plans for resident stabilization and migration in border communes between Vietnam and China, coordinating with the Ministry of Planning and Investment and the Ministry of Finance to consolidate them into the overall plan for resident stabilization and migration over five years and annually for submission to the Prime Minister for approval.

- Taking the lead and coordinating with relevant ministries and sectors to inspect and urge provincial people's committees along the border between Vietnam and China to implement approved resident stabilization and migration plans and policies.

- Coordinating with relevant ministries and sectors to implement assigned tasks detailed in the annex to Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister regarding the approval of the Strategy for Economic and Social Development along the Border between Vietnam and China until 2010.

3. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During the implementation process, if there are any difficulties, ministries, sectors, and localities shall promptly reflect them to the Ministry of Agriculture and Rural Development for study, supplementation, and amendment.