✦ Smart summary
Circular No. 99/2007/TT-BTC guides the financial mechanism for implementing the settlement and land allocation work for ethnic minority people according to Decision No. 33/2007/QĐ-TTg. The document stipulates the level of support for residential land, production land, building houses, developing production, purchasing food and drinking water, as well as managing the funds to implement this policy.
Scope of application
Households of ethnic minority people practicing shifting cultivation and nomadic lifestyle who are implementing settlement and land allocation; Provincial People's Committees and municipal people's committees directly under the central government; financial agencies and banks.
Key points
- Each household receives a minimum of 200 square meters of residential land, and a minimum of 0.5 hectares of production land for households practicing shifting cultivation, and 0.25 hectares for households practicing nomadic lifestyle (Article 1.2.1).
- Support of VND 15 million per household for building houses, developing production, and purchasing food for the first six months (Article 1.2.2).
- Community development officers are supported at the salary level of grade 01 for three years (Article 1.1.3).
- Support for applying science and technology, new seeds for each village is VND 30 million per year (Article 1.2.4).
- The central and local budgets support the implementation of this policy as prescribed in Article 1.1 and 1.2 of Section 1, Part II.
🌐 Social impact of this document
- Creating conditions for ethnic minority people to stabilize their lives and improve their socio-economic living standards (positive).
- Requiring local agencies to strictly manage the capital sources and implement the policy (negative).
❓ Frequently asked questions
What is the minimum amount of residential land that households receive support for?
A minimum of 200 square meters per household (Article 1.2.1).
What is the level of support for building houses?
VND 15 million per household (Article 1.2.2).
How is the community development officer supported in terms of salary?
Equivalent to the salary level of grade 01, according to Decree No. 204/2004/NĐ-CP (Article 1.1.3).
What is the level of support for applying science and technology, and new seeds?
VND 30 million per village per year (Article 1.2.4).
How does the central budget provide support?
Supplementing the local budget from the central budget with targeted funding to implement this policy (Article 3.1.1).
Full text
CIRCULAR
Guidelines for the financial mechanism to implement settlement work for ethnic minority groups
in accordance with Decision No. 33/2007/QĐ-TTg dated March 5, 2007 of the Government Prime Minister
_____________________________
Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;
Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 33/2007/QĐ-TTg dated March 5, 2007 of the Government Prime Minister on policies to support migration for settlement for ethnic minority groups during the period 2007-2010;
The Ministry of Finance issues guidelines for the financial mechanism to implement settlement work for ethnic minority groups in accordance with Decision No. 33/2007/QĐ-TTg dated March 5, 2007 of the Government Prime Minister as follows:
I - GENERAL PROVISIONS
1. Scope of application, beneficiaries, principles of support, and levels of support for implementing the policy to support migration for settlement for ethnic minority groups during the period 2007-2010 pursuant to Decision No. 33/2007/QĐ-TTg dated March 5, 2007 of the Government Prime Minister (hereinafter referred to as Decision No. 33/2007/QĐ-TTg) and Decision No. 30/2007/QĐ-TTg dated March 5, 2007 of the Government Prime Minister on the issuance of the list of administrative units in difficult areas.
2. Minimum land allocation for residential and production purposes for ethnic minority groups implementing settlement shall be in accordance with the level prescribed in Decision No. 134/2004/QĐ-TTg dated July 20, 2004 of the Government 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.
3. Specific levels of support for building houses, developing production, purchasing food, and drinking water for each household of ethnic minority groups implementing settlement and for each purpose shall be decided by the People's Committee of the province (hereinafter referred to as the Provincial People's Committee).
Households of ethnic minority groups after being organized for settlement shall enjoy current policies like local residents and may borrow from the Social Policy Bank according to regulations to develop production and improve their living standards.
4. Support shall only be provided to households of ethnic minority groups implementing settlement but have not yet enjoyed similar support policies of the State as stipulated in Decision No. 190/2003/QĐ-TTg dated September 16, 2003 of the Government Prime Minister on migration policies for implementation of planning and population resettlement during the period 2003-2010; Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Government Prime Minister approving the strategy for economic and social development along the Vietnam-China border; Decision No. 134/2004/QĐ-TTg dated July 20, 2004 of the Government 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; Decision No. 193/2006/QĐ-TTg dated August 24, 2006 of the Government Prime Minister approving the program for resettling populations in areas affected by natural disasters, extremely difficult areas, borders, islands, spontaneous migration, weak and very weak protective forests, strict protection zones of special-use forests during the period 2005-2010 and orientation until 2015,...
Each household of ethnic minority groups implementing settlement policies that have not yet enjoyed the above policies shall be supported once for the entire period 2007-2010 in accordance with Decision No. 33/2007/QĐ-TTg.
II - SPECIFIC PROVISIONS
1. Regarding support policies:
1.1. Investment support for communities
1.1.1. For concentrated settlement points:
The state budget shall support investment in constructing essential infrastructure, including:
- Compensation and land clearance to create residential and production land funds;
- Land leveling to create residential land for families moving to settle;
2. Direct support for households practicing shifting cultivation and nomadic lifestyles implementing Settlement
- Construction of transportation roads;
- Construction of power supply facilities to concentrated settlement points;
- Construction of small irrigation works serving production at settlement points;
- Construction of centralized drinking water systems at settlement points;
- Construction of classrooms and kindergartens;
- Construction of community activity houses in villages and hamlets;
- Construction of other essential facilities based on actual needs;
The provincial People's Committee shall base on actual conditions, national and local regulations to direct the preparation of settlement projects, including: Clearly defining the content of investment, selecting construction projects, project scale, priority order of investment, investment capital, and phased investment each year.
1.1.2. For scattered settlement points:
For communes receiving households of ethnic minority groups practicing shifting cultivation and settlement, the state budget shall support the commune budget at a rate of VND 20 million per household, to be used for:
- Compensation for residential and production land for local households whose land is reclaimed and transferred to households settling under the prescribed regime;
- Investment and upgrading of essential communal infrastructure;
1.1.3. Support for community development officers at concentrated settlement points:
- Number of officers: Two officers per concentrated settlement point, including one health officer and one agricultural extension officer for village and hamlet;
- Level of support equivalent to the salary grade 1 of the civil servant scale stipulated in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary system for civil servants, public officials, and armed forces personnel according to the current minimum wage of the State;
- Duration of support: Three years starting from when households move to new settlement points;
1.1.4. Support for applying scientific and technological knowledge and new seeds in production:
- Annual support level of VND 30 million per village or hamlet (concentrated settlement point);
- Duration of support: Three years starting from when households start living at concentrated settlement points;
1.2. Direct support to households practicing shifting cultivation and settlement
1.2.1. On the implementation of residential and production land allocation:
Based on the land fund and plans for residential and production land allocation, allocate land to households practicing shifting cultivation and settlement according to the prescribed regime:
The minimum residential land area allocated is 200 square meters per household of ethnic minority groups practicing settlement.
The minimum land allocation for each household of ethnic minorities practicing sedentary agriculture is 0.5 hectares of hillside or upland fields, or 0.25 hectares of single-crop paddy fields, or 0.15 hectares of double-crop paddy fields.
Based on the specific land fund of each locality, the labor capacity and number of members in each household of ethnic minorities practicing shifting cultivation and settlement, and the local government's budget capacity, the Provincial People's Committee may consider and decide to allocate more land for production to households of ethnic minorities practicing sedentary agriculture and settlement.
1.2.2. Provide an average of VND 15 million per household practicing sedentary agriculture and settlement for the following purposes:
- Building housing;
- Developing production;
- Purchasing food for the first six months from the date of arrival at the settlement point, and drinking water;
Depending on the actual situation of the locality and the local government's budget capacity, the Provincial People's Committee shall specify the level of support for each household and each purpose mentioned above.
1.2.3. For households of ethnic minorities practicing settlement through intermingling, provide VND 1 million per household to build a foundation.
1.2.4. Support for relocation of households of ethnic minorities from their previous residence to their new settlement location:
Support for relocation of households of ethnic minorities from their previous residence to their new settlement location is calculated based on the actual distance moved and the current unit price of the locality when preparing the project.
After being organized for sedentary agriculture and settlement, households practicing shifting cultivation and settlement enjoy other current policies as local residents and can borrow funds from the Social Policy Bank according to regulations to develop production and improve living standards (Decision No. 32/2007/QĐ-TTg dated March 5, 2007 of the Prime Minister on providing loans for production development for households of ethnic minorities with special difficulties).
1.3. Sources of funding:
- Central budget: Supplementing the local budget from the central budget to implement the support policy for sedentary agriculture and settlement as stipulated in Points 1.1 and 1.2 of Section 1, Part II above.
- Local budget: Ensuring tasks related to investigation, survey, planning projects for sedentary agriculture and settlement within the locality, propaganda, mobilization, management, measurement, issuance of certificates of land use rights for households of ethnic minorities practicing sedentary agriculture and settlement, and supplementing funds (if any) to implement the support policy for sedentary agriculture and settlement as stipulated in Points 1.1 and 1.2 of Section 1, Part II above.
- Localities have the responsibility to mobilize and integrate funds from Program 135, other policies, programs, and projects within the province to implement the sedentary agriculture and settlement policy as prescribed.
2. Budget preparation and allocation of funds:
2.1. Annually, based on the number of households of ethnic minorities practicing shifting cultivation and settlement eligible for support; the number of concentrated and intermixed settlement points; the number of villages and hamlets eligible for support; and investment projects for essential infrastructure works (including: compensation, land clearance, leveling of residential land, land reclamation for production; construction of roads, electricity, small irrigation systems, water supply systems, classrooms, kindergartens, and community houses for villages and hamlets, and other essential works) under the ethnic minority sedentary agriculture and settlement program for the period 2007-2010 decided by competent authorities according to Decision No. 33/2007/QĐ-TTg, the Department of Finance shall take the lead in coordinating with the Department of Planning and Investment and relevant agencies to prepare the budget for implementing Decision No. 33/2007/QĐ-TTg at the local level and annual provincial budget according to each policy; clearly identifying sources of funding: support from the central budget, local budget (if any), funds from other programs, projects, and policies, and other mobilized funds according to regulations.
The budget and financial resources for implementing tasks according to Decision No. 33/2007/QĐ-TTg will be implemented in phases according to the local organization plan, ensuring feasibility, suitability to local conditions, and economy; reported to the Provincial People's Committee for submission to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and presentation to the Government for decision to supplement the local budget from the central budget in the annual budget.
2.2. Based on the targeted supplementary budget assigned by the Prime Minister, local budget (if any), integrated funds from programs, projects, and other mobilized funds to implement policies according to Decision No. 33/2007/QĐ-TTg at the local level, the Department of Finance shall take the lead in coordinating with relevant units to develop detailed budget allocation plans according to each task and each district, town, city within the province (hereinafter referred to as district) for submission to the Provincial People's Committee for approval by the Provincial People's Council in the annual local budget.
2.3. Based on the resolution of the Provincial People's Council, the Provincial People's Committee assigns the budget to districts (in detail according to each task). Based on the allocated budget amount, the District People's Committee decides on distribution and notifies the Commune People's Committee (hereinafter referred to as commune) in detail according to each task and each household benefiting according to the list decided by the competent authority.
2.4. Based on the decision of the District People's Committee, the Commune People's Committee publicly announces the level of support to each village, settlement point, and each household of ethnic minorities according to the supported policies and benefits as stipulated in Circular No. 54/2006/TT-BTC dated June 19, 2006 of the Ministry of Finance guiding the implementation of the public disclosure regulation for direct support from the state budget to individuals and communities.
3. Management, distribution, and payment:
The allocation and payment of funds to implement policies stipulated in Decision No. 33/2007/QĐ-TTg for agencies, units, and individual households of ethnic minority groups must be strict, ensuring compliance with objectives and target beneficiaries, especially for direct cash payments (or in-kind) to households of ethnic minorities. The People's Committee of the commune must prepare a list for each household of ethnic minorities practicing sedentary farming and settlement, which they sign and acknowledge, and fully comply with prescribed procedures and documentation. Specifically:
3.1. Support for community investment
3.1.1. Capital investment support:
Advance payments and capital disbursements for projects and works (compensation, land clearance, leveling residential land, reclaiming production land; constructing transportation roads, electricity, small irrigation systems, water supply systems, classrooms, kindergartens, and communal houses in villages and other essential facilities based on actual needs...) shall be carried out according to the management mechanism for infrastructure construction projects in communes under Program 135 for the period 2006-2010 (as specified in Circular No. 47/1999/TT-BTC dated May 5, 1999 of the Ministry of Finance and Joint Circular No. 676/2006/TTLT-UBDT-KHĐT-TC-NNPTNT dated August 8, 2006 of the National Ethnic Minorities Commission, the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Agriculture and Rural Development guiding the implementation of the socio-economic development program for particularly difficult communes inhabited by ethnic minorities and mountainous areas for the period 2006-2010).
3.1.2. Support for community development staff and funding for the application of science and technology, new seeds:
Management and allocation of funds (subsidies for two health and agricultural extension workers and funding for the application of science and technology, new seeds introduced into production) shall be implemented in accordance with 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.
3.2. Direct support for households of ethnic minorities engaged in shifting cultivation and nomadic lifestyles to settle down:
3.2.1. Support for ethnic minorities to settle down, build housing, develop production, purchase food (for six months), and obtain drinking water:
- For building housing:
+ In cases where households of ethnic minorities construct their own homes but require advance funding to purchase materials, the People's Committee of the commune compiles a list of households requesting advances, and the financial agency processes the advance payment through the State Treasury to the People's Committee of the commune, which then provides the advance to the households of ethnic minorities. The maximum advance amount equals 60% of the state budget support allocated to each household of ethnic minorities.
Upon completion of the project, based on the acceptance results for each household of ethnic minorities confirmed by the People's Committee of the commune, the financial agency issues a payment order through the State Treasury to pay the People's Committee of the commune to settle accounts with the households of ethnic minorities; simultaneously, procedures are followed to recover the advanced amounts.
The maximum payment to each household of ethnic minorities shall not exceed the state support level approved by the competent authority for each household.
+ In cases where households of ethnic minorities need material supply, the People's Committee of the commune compiles the material requirements registration of the households of ethnic minorities (detailed by type of material for each household). Based on the quantity of materials registered by the households of ethnic minorities in villages and the specific conditions of each village within the commune, the People's Committee of the commune (or the unit entrusted by the People's Committee of the commune) enters into contracts with material suppliers, who then provide materials to the households of ethnic minorities in villages.
Based on the actual volume of materials supplied to the households of ethnic minorities recorded in the handover documents between the supplier and each household of ethnic minorities (signed by the head of the household and confirmed by the village representative) and the request of the People's Committee of the commune, the financial agency issues a payment order sent to the State Treasury to settle accounts with the material suppliers according to current regulations. The maximum payment shall not exceed the state support level approved by the competent authority for each household.
+ In cases where households of ethnic minorities are unable to build their own homes: Based on the number of households of ethnic minorities registered in villages and the specific conditions of each village within the commune, the People's Committee of the commune (or the unit entrusted by the People's Committee of the commune) enters into contracts with contractors (or introduces and guides households to enter into contracts with contractors) to build homes for the households of ethnic minorities in villages.
Based on the actual volume of work completed for the households of ethnic minorities recorded in the handover documents between the contractor and each household of ethnic minorities (signed by the head of the household and confirmed by the village representative) and the request of the People's Committee of the commune, the financial agency issues a payment order sent to the State Treasury to settle accounts with the contractor according to current regulations. The maximum payment shall not exceed the state support level approved by the competent authority for each household.
- Regarding support for production development, purchasing food, and obtaining drinking water:
Based on the list of households receiving support (for production development, purchasing food, and obtaining drinking water) approved by the competent authority, and the registration of households regarding the method of implementation, the People's Committee of the commune compiles the needs and categorizes them according to the method of implementation (receiving in-kind or in-cash) and sends it to the financial agency as the basis for inspection, control, and allocation of funds for implementation. The amount of payment shall not exceed the state support level approved by the competent authority for each household of ethnic minorities. The allocation and payment to the beneficiaries according to the methods of implementation are as follows:
+ For households of ethnic minorities receiving support in-kind:
Based on the registration list of ethnic minority households, the supply contracts between the authorized unit assigned the task and the supplying unit; the actual quantity supplied to ethnic minority households as recorded in the handover protocol between the supplying unit and each ethnic minority household (signed by the head of the household and confirmed by the village representative) and the proposal of the People's Committee of the commune and the Financial Department for inspection, the payment order is issued and sent to the State Treasury for settlement with the supplying units.
+ For ethnic minority households receiving support in cash:
Based on the registration list for support and the receipt of money by ethnic minority households, confirmed by the People's Committee of the commune, the Financial Department will issue a payment order through the State Treasury to the People's Committee of the commune for payment to the households.
3.2.2. Regarding support for ethnic minority households to build house foundations (in mixed resettlement areas) and relocation support:
- Based on the list of ethnic minority households approved by the competent authority, the People's Committee of the commune directs local associations to cooperate with the community in guiding and assisting households to implement the program.
- The Financial Department, based on the results of inspections, acceptance of quantities, projects (if any), appraisals, and issues a payment order through the State Treasury to the People's Committee of the commune for payment to ethnic minority households.
4. Accounting reports and final settlements:
The supplementary budget funds from the central government for the implementation of the policy supporting ethnic minorities' relocation and settlement from 2007 to 2010 as stipulated in Decision No. 33/2007/QĐ-TTg shall be accounted for and settled according to current regulations.
The People's Committee of the district, the People's Committee of the commune, and the District Finance Office are responsible for coordinating with the State Treasury and relevant agencies to monitor the implementation of the distribution of funds under Decision No. 33/2007/QĐ-TTg; monthly, the People's Committee of the commune and the District Finance Office report to the People's Committee of the district and the Provincial Finance Department on the progress of the program, payment schedules, and the Provincial Finance Department compiles and reports to the People's Committee of the province.
Quarterly and annually, the People's Committees of provinces and centrally-administered cities report on the progress of implementation and submit separate annual settlement reports on the budget and other financial resources raised according to prescribed procedures to the National Ethnic Minorities Commission, Ministry of Finance, Ministry of Planning and Investment, and Ministry of Agriculture and Rural Development for compilation and reporting to the Government and the National Assembly.
III- IMPLEMENTATION:
This Circular takes effect 15 days after its publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Finance for timely guidance and resolution./.
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Based on 8
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↓ Documents affected by this document
References 8
204/2004/NĐ-CP
Nghị định số 204/2004/NĐ-CP Về chế độ tiền lương đối với cán bộ, công chức,viên chức và lực lượng vũ trang
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59/2003/TT-BTC
Thông tư số 59/2003/TT-BTC Hướng dẫn thực hiện Nghị định số 60/2003/NĐ-CP ngày 6 tháng 6 năm 2003 của Chinh phủ quy định chi tiết và hướng dẫn thi hành Luật Ngân sách Nhà nước
In effect
676/2006/TTLT/UBDT-KHĐT-TC-XD-NNPTNT
Thông tư liên tịch số 676/2006/TTLT/UBDT-KHĐT-TC-XD-NNPTNT Hướng dẫn thực hiện Chương trình phát triển kinh tế - xã hội các xã đặc biệt khó khăn vùng đồng bào dân tộc và miền núi giai đoạn 2006 - 2010
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47/1999/TT-BTC
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54/2006/TT-BTC
Thông tư số 54/2006/TT-BTC hướng dẫn thực hiện Quy chế công khai hỗ trợ trực tiếp của ngân sách nhà nước đối với cá nhân, dân cư
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190/2003/QĐ-TTg
Quyết định số 190/2003/QĐ-TTg Về chính sách di dân thực hiện quy hoạch, bố trí dân cư giai đoạn 2003 - 2010
Expired
134/2004/QĐ-TTg
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193/2006/QĐ-TTg
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Related 5
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Phí thẩm định cấp quyền sử dụng đất
Expired
69/2008/QĐ-UBND
Quyết định số 69/2008/QĐ-UBND Về việc bãi bỏ Quyết định số 10/2008/QĐ-UBND cuả UBND tỉnh Gia Lai
In effect
09/2008/QĐ-UBND
Quyết định số 09/2008/QĐ-UBND Ban hành Quy định quản lý, sử dụng điện nông thôn
Expired
30/2008/QĐ-UBND
Quyết định số 30/2008/QĐ-UBND Về việc phê duyệt chế độ đãi ngộ hàng tháng và chế độ trợ cấp đối với giám định viên thuộc Tổ chức giám định pháp y và Tổ chức giám định pháp y tâm thần
Expired
13/2008/NQ-HĐND
Nghị quyết số 13/2008/NQ-HĐND Về việc bãi bỏ, sửa đổi và ban hành mới một số loại phí, lệ phí trên địa bàn tỉnh Quảng Trị
Expired
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Translations
This document is available in the following languages:
Tiếng Việt
Thông tư số 99/2007/TT-BTC Hướng dẫn cơ chế tài chính thực hiện công tác định canh, định cư đối với đồng bào dân tộc thiểu số theo Quyết định số 33/2007/QĐ-TTg ngày 5/3/2007 của Thủ tướng Chính phủ
한국어
시행령 제 99/2007/TT-BTC 정책 이주민 소수민족 정착 지원 재정 체계 지침은 총리령 제 33/2007/QĐ-TTg 날짜 2007년 3월 5일에 따른 소수민족 정착 지원 정책을 시행하기 위한 재정 체계를 안내한다.
中文
通知2007年第99号关于根据政府第33/2007/QĐ-TTg号决定实施少数民族定居政策的财政机制的通知