Joint Circular No. 819/2004/TTLT-UBDT-BKH-BTC-BXD-BNN guiding the implementation of Decision No. 134/2004/QD-TTg dated July 20, 2004 of the Prime Minister on certain policies to support production land, residential land, housing, and drinking water for poor households of ethnic minorities with difficult living conditions.

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF DECISION NO. 134/2004/QD-TTg OF JULY 20, 2004 BY THE GOVERNMENT ON CERTAIN SUPPORT POLICIES FOR LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, HOUSING, AND DRINKING WATER FOR POOR HOUSEHOLDS OF ETHNIC MINORITY GROUPS WITH DIFFICULT LIVES

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BASED ON DECISION NO. 134/2004/QD-TTg OF JULY 20, 2004 BY THE GOVERNMENT (HEREINAFTER REFERRED TO AS DECISION 134/TTg) ON CERTAIN SUPPORT POLICIES FOR LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, HOUSING, AND DRINKING WATER FOR POOR HOUSEHOLDS OF ETHNIC MINORITY GROUPS WITH DIFFICULT LIVES AND THE GUIDANCE OF THE GOVERNMENT IN DOCUMENT NO. 1401/CP-NN OF SEPTEMBER 28, 2004 ON THE ORGANIZATION AND IMPLEMENTATION OF DECISION 134/TTg; THE JOINT BOARDS OF THE STATE COMMITTEE FOR NATIONAL AFFAIRS, PLANNING AND INVESTMENT, FINANCE, CONSTRUCTION, AGRICULTURE AND RURAL DEVELOPMENT ISSUE GUIDELINES FOR THE IMPLEMENTATION OF THE DECISION AS FOLLOWS:

I. GENERAL PROVISIONS

1. SUPPORT POLICIES FOR LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, HOUSING, AND DRINKING WATER FOR POOR HOUSEHOLDS OF ETHNIC MINORITY GROUPS WITH DIFFICULT LIVES MUST ENSURE THE PRINCIPLE OF DIRECT SUPPORT TO HOUSEHOLDS. HOUSEHOLDS BENEFITTING FROM THE ABOVE POLICY MUST DIRECTLY MANAGE AND USE THE SUPPORTED AMOUNTS TO STABILIZE PRODUCTION AND LIVING CONDITIONS, ERADICATE POVERTY, IMPROVE POPULAR EDUCATION, PRESERVE AND PROMOTE THE CULTURAL IDENTITY OF ETHNIC MINORITY GROUPS. IN SPECIAL CASES WHERE THERE IS NO LONGER A NEED TO USE THE LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, OR HOUSING, THE RIGHT TO USE SUCH LAND MUST BE TRANSFERRED THROUGH LOCAL AUTHORITIES TO BE REASSIGNED TO OTHER POOR HOUSEHOLDS OF ETHNIC MINORITY GROUPS.

2. THE EVALUATION OF POOR HOUSEHOLDS OF ETHNIC MINORITY GROUPS WITHOUT OR INSUFFICIENT LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, AND WITH DIFFICULTIES IN HOUSING AND DRINKING WATER MUST BE CONDUCTED AT THE COMMUNE LEVEL, ENSURING TRANSPARENCY AND DEMOCRACY THROUGH ORGANIZATIONS AND ASSOCIATIONS, REVIEWED BY THE PEOPLE'S COMMITTEE OF THE COMMUNE, SUBMITTED TO THE PEOPLE'S COMMITTEE OF THE DISTRICT, CITY, OR COUNTY (HEREINAFTER COLLECTIVELY REFERRED TO AS THE PEOPLE'S COMMITTEE OF THE DISTRICT) FOR CHECKING AND COMBINING, THEN SUBMITTED TO THE PEOPLE'S COMMITTEE OF THE PROVINCE (HEREINAFTER COLLECTIVELY REFERRED TO AS THE PEOPLE'S COMMITTEE OF THE PROVINCE) FOR DECISION.

3. THE LEVEL OF SUPPORT FOR LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, HOUSING, AND DRINKING WATER FOR POOR HOUSEHOLDS OF ETHNIC MINORITY GROUPS WITH DIFFICULT LIVES, WHO LIVE BY AGRICULTURE AND FORESTRY, SHALL BE IMPLEMENTED ACCORDING TO THE PROVISIONS OF DECISION 134/TTg AS THE MINIMUM LEVEL. DEPENDING ON THE CAPACITY OF EACH LOCALITY, THE PEOPLE'S COMMITTEE OF THE PROVINCE MAY DECIDE ON A HIGHER LEVEL. IN CASES WHERE THE SUPPORT LEVEL IS ACCORDING TO PREVIOUS DECISIONS,

4. THE SUPPORT POLICIES FOR LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, HOUSING, AND DRINKING WATER FOR POOR HOUSEHOLDS OF ETHNIC MINORITY GROUPS ARE IMPLEMENTED THROUGH THE FOLLOWING SOURCES OF FUNDS:

- THE CENTRAL BUDGET ENSURES EXPENSES ACCORDING TO THE SUPPORT LEVELS SET OUT IN DECISION 134/TTg;

- THE LOCAL BUDGET ALLOCATES NO LESS THAN 20% OF THE SUPPORT LEVEL FROM THE CENTRAL BUDGET;

- LEGAL SUPPORT FUNDS RAISED BY THE LOCALITY FROM ENTERPRISES, SOCIAL ORGANIZATIONS, COMMUNITIES, ETC.;

MANAGEMENT COSTS, SURVEYING, AND ISSUING LAND USE RIGHTS CERTIFICATES FOR HOUSEHOLDS ARE COVERED BY THE LOCAL BUDGET, WITH SPECIFIC LEVELS DETERMINED BY THE PEOPLE'S COMMITTEE OF THE PROVINCE AND SHALL NOT BE DRAWN FROM THE SUPPORT LEVEL FOR HOUSEHOLDS.

II. OBJECTS AND SCOPE OF APPLICATION

1. Support Objectives

a. FOR HOUSEHOLDS

HOUSEHOLDS OF ETHNIC MINORITY GROUPS ELIGIBLE TO ENJOY THE POLICIES SET OUT IN THIS CIRCULAR MUST SATISFY THE FOLLOWING CONDITIONS:

- THEY ARE POOR HOUSEHOLDS AS DEFINED IN DECISION NO. 1143/2000/QD-LDTBXH OF NOVEMBER 1, 2000 BY THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS REGARDING THE ADJUSTMENT OF THE POVERTY HOUSEHOLD STANDARD FOR THE PERIOD 2001-2005; THEY LIVE BY AGRICULTURE AND FORESTRY BUT DO NOT HAVE OR DO NOT HAVE SUFFICIENT LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, AND FACE DIFFICULTIES IN HOUSING AND DRINKING WATER;

- THEY ARE ETHNIC MINORITY HOUSEHOLDS (INCLUDING HOUSEHOLDS WHERE ONLY THE WIFE OR HUSBAND IS AN ETHNIC MINORITY MEMBER) WHO HAVE BEEN SETTLING IN THE LOCALITY; FREELY MIGRATING HOUSEHOLDS INCORPORATED INTO THE LOCAL SETTLEMENT PLAN; FREELY MIGRATING HOUSEHOLDS THAT RETURNED TO THEIR ORIGINAL HOME BEFORE THE EFFECTIVE DATE OF DECISION 134/TTg, CONFIRMED BY THE PEOPLE'S COMMITTEE OF THE COMMUNE;

- HOUSEHOLDS OF ETHNIC MINORITY GROUPS THAT HAVE BEEN SUPPORTED WITH LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, HOUSING, AND DRINKING WATER UNDER PREVIOUS REGULATIONS BUT REMAIN POOR AND STILL LACK SUFFICIENT LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, AND FACE DIFFICULTIES IN HOUSING AND DRINKING WATER SHALL STILL BE ELIGIBLE FOR SUPPORT UNDER DECISION 134/TTg.

b. FOR COMMUNITY VILLAGES

VILLAGE ORGANIZATIONS AS DEFINED IN DECISION NO. 13/2002/QD-BNV OF DECEMBER 6, 2002 BY THE MINISTRY OF HOME AFFAIRS ON THE OPERATING REGULATIONS OF VILLAGES AND STREET RESIDENTS' ASSOCIATIONS, WITH AT LEAST 20% OF HOUSEHOLDS BEING ETHNIC MINORITY GROUPS LIVING IN THE AREA AND FACING DIFFICULTIES IN DRINKING WATER.

The implementation of administrative sanctions according to the Decree shall apply in areas such as security, public order and safety; customs; taxation; trade; environmental protection; protection of aquatic resources; mineral resource protection; quarantine of animals and plants, health care, and other related fields within the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam (excluding seaports).

SUPPORT POLICIES FOR LAND FOR AGRICULTURAL PRODUCTION, RESIDENTIAL LAND, HOUSING, AND DRINKING WATER FOR POOR HOUSEHOLDS OF ETHNIC MINORITY GROUPS LIVING BY AGRICULTURE AND FORESTRY ARE IMPLEMENTED ACROSS THE COUNTRY (EXCEPT FOR THE SUPPORT OF LAND FOR AGRICULTURAL PRODUCTION AND RESIDENTIAL LAND FOR POOR HOUSEHOLDS OF THE KHMER ETHNIC MINORITY GROUP IN THE LOWER MEKONG DELTA PROVINCES, WHICH WILL HAVE SEPARATE POLICIES).

III. SPECIFIC PROVISIONS

1. REGARDING HOUSING:

a. HOUSEHOLDS WITH DIFFICULTIES IN HOUSING THAT ARE ELIGIBLE FOR SUPPORT POLICIES ARE THOSE DEFINED IN POINT a, CLAUSE 1, SECTION II OF THIS CIRCULAR AND MUST SATISFY ONE OF THE FOLLOWING CONDITIONS:

- THEY DO NOT HAVE A HOUSE OR ARE CURRENTLY LIVING IN A RENTED OR BORROWED HOUSE (NOT OWNED BY THE STATE);

- THEIR HOUSE IS TEMPORARY AND DAMAGED, LEAKING.

b. LEVEL OF SUPPORT

THE CENTRAL BUDGET PROVIDES 5 MILLION DONG PER HOUSEHOLD. THE LOCAL BUDGET PROVIDES NO LESS THAN 1 MILLION DONG PER HOUSEHOLD AND FUNDS FROM CONTRIBUTIONS OF ENTERPRISES, POLITICAL AND SOCIAL ORGANIZATIONS, COMMUNITIES, AND INDIVIDUALS. IF THE NEED FOR HOUSE CONSTRUCTION EXCEEDS THE SUPPORT LEVEL, THE HOUSEHOLD MUST COVER THE DIFFERENCE.

FOR LOCATIONS WITH FORESTS AND ANNUAL PLANS FOR NATIVE WOOD HARVESTING, PRIORITY SHOULD BE GIVEN TO PROVIDING WOOD FOR HOUSE CONSTRUCTION FOR ETHNIC MINORITY GROUPS; FOR PROVINCES WITH NATIVE FORESTS BUT WITHOUT ANNUAL WOOD HARVESTING PLANS, PLANS AND SOLUTIONS SHOULD BE FORMULATED AND REPORTED TO THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT FOR GOVERNMENT APPROVAL. THE LEVEL AND METHODS OF WOOD SUPPORT FOR HOUSE CONSTRUCTION FOR HOUSEHOLDS ARE DECIDED BY THE PEOPLE'S COMMITTEE OF THE PROVINCE BASED ON GUIDANCE FROM THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT. COSTS FOR WOOD HARVESTING AND TRANSPORTATION TO VILLAGE (IF APPLICABLE) ARE COVERED BY THE LOCAL BUDGET.

c. IMPLEMENTATION PROVISIONS.

- The construction of housing supported by policies must be consistent with the local residential planning. In cases where households fall under the category eligible for support but are located in areas prohibited from construction, areas at risk of landslides, flash floods, protective zones for transportation, water conservancy, defense, energy facilities, historical-cultural sites, and other protected areas as stipulated by law, the housing support must be implemented concurrently with relocation to another area.

- The Provincial People's Committee directs relevant agencies to introduce and guide the public on suitable house models and styles that align with the customs and traditions of each ethnic group, fit within their financial capabilities, and ensure environmental hygiene conditions... for the public to choose and decide. The construction of houses must adhere to the principle: households build themselves, the state supports, and the community assists.

- Households eligible for policy benefits as specified in Decision 134/TTg in the Mekong Delta and Central Highlands regions who have taken loans to purchase homes on installment terms according to Decision No. 105/2002/QĐ-TTg dated August 2, 2002 regarding policies for households in flood-prone areas to buy homes on installment terms in clusters and residential lines in the Mekong Delta provinces and Decision No. 154/2002/QĐ-TTg dated November 12, 2002 of the Prime Minister concerning policies for ethnic minority households in place and policy-eligible households in the Central Highlands to buy homes on installment terms shall still be entitled to support as stipulated in Decision 134/TTg and in accordance with the guidelines of this Circular. The State budget funds provided under Decision 134/TTg serve as a source to repay the previously borrowed installments for home construction. Repayment of the loan will be carried out in accordance with the guidelines of the Ministry of Finance.

2. Regarding Drinking Water

a. Households facing difficulties with drinking water and included in the policy support beneficiary category as defined in point a, Clause 1, Section II of this Circular must meet one of the following conditions:

- Located in areas with existing drinking water supply systems but unstable sources, lacking the ability to construct emergency water storage tanks;

- Located in areas without natural flowing water sources requiring underground water or rainwater extraction but lacking the capacity to build water storage tanks or dig wells;

b. Villages facing difficulties with drinking water and eligible for policy support as defined in point b, Clause 1, Section II of this Circular, which have the potential to exploit water resources for daily use but have not been invested in and face challenges in constructing water supply facilities.

c. IMPLEMENTATION PROVISIONS.

- For ethnic minority households facing difficulties with drinking water sources, the central government budget will provide each household with 0.5 tons of cement (cement meeting a minimum strength of 300 kg/cm²) in villages to build water storage tanks or provide 300,000 VND per household for well digging or alternative water sourcing; for households unable to construct tanks or containers, based on available funding, local authorities will organize the provision of plastic, steel, or cement containers for ethnic minorities in villages.

- For centralized drinking water supply projects, the Provincial People's Committee will direct implementation similar to infrastructure construction under Program 135; support funds as stipulated in Decision 134/TTg will be integrated with other target programs.

3. Production Land and Residential Land

a. Households without sufficient residential land and eligible for policy support as defined in point a, Clause 1, Section II of this Circular must meet one of the following conditions:

- Lack residential land;

- Have residential land but below the level specified in Decision 134/TTg or below the local standard (for cities, towns, and townships), based on the residential land fund of each locality and specific conditions, the Provincial People's Committee will consider and resolve.

b. Households without sufficient production land and eligible for policy support as defined in point a, Clause 1, Section II of this Circular must meet one of the following conditions:

- Lack production land;

- Have production land but below the level specified in Decision 134/TTg (less than 0.15 hectares of paddy fields for two crops or less than 0.25 hectares of paddy fields for one crop or less than 0.5 hectares of upland fields) or higher levels specified by localities previously regulated by the Prime Minister; The resolution for households with insufficient production land as specified above will be decided by the Provincial People's Committee based on specific conditions.

c. The production land fund and land for building houses include various types of land as stipulated in Article 3 of Decision 134/TTg.

d. Level of Support.

Land reclaimed, agricultural and forestry farms allocated to households for production, land transferred from households with excess land, and concentrated reclaimed land reallocated to households will be supported by the central government budget at an average rate of 5 million VND per hectare. Depending on local conditions, higher support levels may be provided.

IV. MANAGEMENT, DISTRIBUTION, AND SETTLEMENT OF SUPPORT FUNDS

1. Drafting Proposals and Budget Allocation

The Provincial People's Committee bases its decisions on the assessment results of households from districts, compiles, approves proposals, and prepares budgets for program implementation costs to send to the Ministry of Planning and Investment, the Ministry of Finance, and the National Ethnic Minorities Committee for consolidation and submission to the Government and the National Assembly for approval to supplement targeted funds from the central government budget to implement the policies stipulated in Decision 134/TTg.

Based on the annual targeted supplements provided by the National Assembly and the Prime Minister, along with local government budgets and other mobilized funds, the provincial committee formulates detailed allocation plans for each district to submit to the People's Council for decision-making. According to the People's Council resolution, the Provincial People's Committee assigns detailed budgets to each district for each policy, and the District People's Committee decides on allocations and informs each commune in detail about each policy and each household benefiting according to the list approved by the competent authority. The Commune People's Committee notifies each household about the policies they are entitled to, the level of support... according to the list approved by the competent authority.

2. Distribution and Settlement of Support Funds

2. Allocation and payment of support funds

Pursuant to the quarterly budget estimates assigned by the Prime Minister, the Ministry of Finance shall implement targeted supplementary funding for local budgets according to the progress of implementation. For provinces, based on the budget estimates already allocated by the Provincial People's Committee to districts, the Department of Finance shall process targeted supplementary funding for district budgets. The District Finance Office shall cooperate with the State Treasury to manage and disburse funds according to targets for beneficiaries according to the progress of implementation.

Payment disbursement for each policy and beneficiary shall be carried out in accordance with the guidelines of the Ministry of Finance.

3. Accounting and settlement

The state budget funds allocated to implement support policies for poor ethnic minority households with difficult living conditions pursuant to Decision No. 134/TTg shall be accounted for and settled in accordance with the guidelines of the Ministry of Finance.

V. IMPLEMENTATION

1. The National Ethnic Minorities Commission is the permanent coordinating body responsible for coordinating with relevant ministries and sectors: Planning and Investment, Finance, Construction, Agriculture and Rural Development to assist the Prime Minister in compiling, monitoring, urging, inspecting, and reporting on the implementation situation as prescribed;

2. Relevant ministries and sectors shall base their tasks assigned in Decision No. 134/TTg and Circular No. 1401/CP-NN dated September 28, 2004, of the Prime Minister, coordinate with the National Ethnic Minorities Commission to implement related contents.

3. Provincial People's Committees and municipal people's committees directly under the Central Government:

- Shall bear direct and comprehensive responsibility for directing and organizing the implementation of the policy. Publicly announce standards and beneficiaries of the policy. Conduct surveys, develop and approve plans to resolve housing and production land, housing, and drinking water for poor ethnic minorities within their province to be submitted to the Ministry of Planning and Investment, the Ministry of Finance, and the National Ethnic Minorities Commission for consolidation and submission; the Prime Minister for decision.

- The plan must clearly reflect sources of support funds from the central budget, local budget, mobilized capital, and completion time;

- Based on specific conditions, the provincial People's Committee shall consolidate and strengthen the Steering Committee for Program 135 at all levels to implement Decision No. 134/TTg or establish a new Steering Committee for implementing Decision No. 134/TTg if deemed necessary; the permanent office of the Steering Committee is the Ethnic Affairs Office of the province or city;

- Implement regular quarterly reports every three months, and submit annual interim reports evaluating the implementation to the National Ethnic Minorities Commission and relevant ministries and sectors;

- In accordance with this Circular, the provincial People's Committee shall specify and guide its implementation in line with the characteristics and conditions of the locality to effectively implement the policy.

VI. IMPLEMENTATION PROVISIONS

This Circular takes effect fifteen days after its publication in the Official Gazette.