Quyết định 78/2008/QD-TTg

DECISION

ON A NUMBER OF POLICIES FOR REALIZATION OF THE POPULATION DISTRIBUTION PROGRAM UNDER THE PRIME MINISTER'S DECISION NO. 193/ 2006/QD-TTg OF AUGUST 24,2006

THE PRIME MINISTER

Pursuant to the December 25. 2001 Law on Organization of the Government;
Pursuant to the Prime Minister's Decision No. 193/2006/QD-TTg of August24, 2006, approving the Population Distribution Program;
Pursuant to the Prime Minister's Decision No. 172/2007/0D-TTg of November 16. 2007. approving the National Strategy on Natural Disaster Prevention. Combat and Reduction till 2020;
At the proposal of tin Minister of Agriculture and Rural Development.

DECIDES:

Article 1.-To approve a number of policies for realization of the Program on population distribution in regions facing natural disasters and exceptional difficulties, border regions, islands, regions with free migrants, important and very important zones of protection forests, strictly prohibited areas of special-use forests in the 2006-2010 period with orientations towards 2015 under the Prime Ministers Decision No. 193/2006/QD-TTg of August 24, 2006 (below referred to as Population Distribution Program for short).

Article 2.- Scope and subjects of application

1. Scope of application

These policies apply to population distribution and stabilization under state planning and plans in regions facing natural disasters, exceptional difficulties, border regions, islands, regions with free migrants, important and very important zones of protectivon forests, strictly prohibited areas of special-use forests till 2010 with orientations towards 2015.

2. Subjects of application

Households stably distributed in the form of concentrated resettlement, mixed resettlement or Stable on-spot settlement under plannings or plans approved by competent authorities, including:

a/ Households with their dwelling houses, residential land and production land being lost due to landslides, flash floods, land sinks, whirlwinds, tsunamis:

b/ Households living in areas prone to landslides, flash floods, land sinks, floods whirlwinds, tsunamis:

c/ Households living In regions facing such exceptional difficulties in daily life as shortage of land and water for production: shortage of water for daily-life activities: lack of infrastructure: poor households leading a nomadic life on reservoirs or lagoons, fishermen villages on rivers, or living in polluted areas;

d/ Households voluntarily settling down in land border regions, economic-military zones, islands:

e/ Households currently living lawfully in important or very important zones of protection forests, strictly prohibited areas of special-use forests, who should be removed out of forests for population redistribution with a view to creating conditions for households to stabilize their lives and sustainably develop;

f/ Households which have freely migrated to various localities throughout the country and currently live in important or very important zones of protection forests, strictly prohibited areas of special-use forests not under population distribution planning, which still meet with difficulties in their daily life and need to be stably relocated into planned areas.

Article 3.- Principles for implementation of policies

Households moving to project areas may enjoy state supports for their movement (if any), dwelling houses, foods and others; investment supports for the construction of essential infrastructure and production service development, creating conditions for life stabilization and sustainable development of population communities.

The central budget provides targeted supports together with local budgets and other mobilized lawful capital sources in areas for the realization of the Population Distribution Program.

3. To provide investment supports for projects for which investment procedures have been carried out under current regulations.

Article 4.- Land policy

Based on current legal provisions on land, localities shall adopt measures to recover land areas left unused or inefficiently used by organizations, state-run agricultural farms, forestry farms or change land use purposes under plannings and plans already approved by competent authorities in order to assign them to households and individuals under population distribution projects.

Article 5.- Support policies

1. Policy on direct supports for households

Households defined in Clause 2, Article 2 of this Decision may enjoy at the places of their departure supports in transportation of people and luggage and at the places of their arrival supports in land reclamation, production tools, plant varieties and animal breeds, dwelling houses, food (in the initial stage of their arrivals at regions planned for population distribution, for not more than 12 months), daily-life water (at places where conditions do not permit the construction of concentrated water supply works, with the specific support levels as follows:

a/ Reclamation of production land, including support for reclamation to build fields, with VND 7 million/ha: reclamation to build rice fields with VND 4 million/ha;

b/ For households defined at Point a. Clause 2. Article 2 of this Decision. :he support level will be VND 20 million/household. including VND 4 million/household at the places of departure and VND 16 million/household at the places of arrival. if they move to other districts or to places outside their provinces:

c/ For households defined at Points b and c, Clause 2. Article 2 of this Decision, the support levels will be as follows:

- For households moving within a project area. VND 10 million/household:

- For households moving within a province to project areas. VND 12 million/household, including VND 2 million/household at the places of their departure and VND 10 million/household at the places of their arrival, if they move to other districts;

- For households moving out of their provinces to project areas. the support level will be VND 15 million/household; including VND 3 million/ household at the places of their departure and VND 12 million/household at the places of their arrival.

d/ For households arranged for stable settlement in Vietnam-China land border communes, the support levels will be as follows:

- For households moving to bordering hamlets, the support level will be VND 30 million/ household: if they move from other districts to bordering hamlets, they will enjoy the support levels, of VND 5 million/household at the places of their departure and VND 25 million/household at the places of their arrival;

- For households moving to other hamlets (not adjacent to the border), in border communes but the same district the support level will be VND 20 million/household if they move from other district to other hamlets (not adjacent to the border in border communes, the support levels will be VND million/household at the places of their departure and VND 10 million/household at the place of their arrival

e/ For household arranged for stable settlement in Vietnam-Lao or VietNam Cambodia land border communes, the support levels comply with the Prime Minister's Decision No. 160/2007/QD-TTg of October 17,2007, namely . VND 20 miliion/ household; VND 4 million/household at the places of their departure and VND 16 million/household at the places of their arrival if they move to border communes in other districts.

f/ For households moving to islands. the support levels will be as follows:

- If the island is less than 50 nautical miles from the mainland, the support level will be VND 80 million/household, including VND 8 million/ household at the places of their departure and VND 72 million/household at the places of their arrival;

- If the island is 50 nautical miles or more from the mainland, the support level will be VND 132 million/household. including VND 12 million/ household at the places of their departure and VND 120 million/household at the places of their arrival.

- If islands face harsh natural conditions and lack of means of transport, the support levels comply with projects approved by competent

authorities.

The People's Committees of provinces or centrally run cities (below referred to as provincial-level People's Committees for short), where exist islands, may base themselves on the practical local situation to specify funds for the purchase of food for the initial period on the islands, the construction of dwelling houses and water supply works.

g/ For households defined at Point e, Clause 2. Article 2 of this Decision, the support levels, compensation and resettlement comply with the Government's Decree No. 197 2004/ND-CP of December 3,2004. on compensation, supports and resettlement upon land recover) by the State, and other relevant provisions.

h/ Households defined at Point f. Clause 2. Article 2 of this Decision, that voluntarily abide by decisions on movement to population planning regions and follow the arrangement of the administrations of localities of their arrival, may be considered for assignment of residential land and production land according to the land allocation norms and conditions set by the provincial-level People's Committees of the places of their arrival. The direct support level for these households will not exceed VND 5 million/household: the specific support levels will be prescribed by the provincial-level People's Committees of the places of their arrival, suitable to the form, distance and location of movement.

In cases they are ethnic minority households that meet with exceptional difficulties in life, they may be considered for additional funding supports to buy food for the initial period of arrival at the population distribution project areas, food crop varieties and fertilizers for the first harvests, and daily-life water. The specific support levels will be prescribed by the provincial-level People's Committees of the places of their arrival but will not exceed VND 5 million/household;

i/ In addition to the above-said support levels, households moving to low-lying areas in the Mekong river delta may enjoy an additional support of VND 1,2 million/household for purchase of 1 motorboat as means of transport (the specific communes in the low-lying areas will be considered and decided by provincial-level People's Committees); households moving from delta, midland or mountain areas to high-land regions may enjoy an additional support of VND 0.7 million/household for movement (the specific highland communes will be defined by the Nationality Committee).

2. Community support policies:

a/ The State provides supports for investment

in the construction of essential infrastructure for concentrated population distribution regions, including compensations, ground clearance (if any), ground leveling at resettlement places: production land reclamation (for concentrated reclamation): roads (within projects areas and roads linking new population quarters to nearest traffic routes): small-sized irrigation works: junior-high education classrooms, kindergartens and creches: health stations; concentrated water supply works and some other essential facilities.

Population distribution project investors shall base on the current infrastructure conditions of population communities in the project areas and locations for construction of resettlement quarters to select and decide on investment in the construction of work items. Investment will only be made in the construction of work items which are not yet available but in demand or in upgrading or repair of degraded facilities; it is not necessary to build all the above-said work items;

b/ Communes receiving new arrivals for mixed settlement under the plan norms assigned by provincial-level People's Committees, who belong to subjects defined in Clause 2, Article 2 of this Decision, may enjoy a support level of VND 30-miilion/household for adjustment of residential land and production land for allotment to new households (reclamation and compensation according to regulation when recovering land of current land users being organizations or individuals); construction or upgrading of a number of essential infrastructures such as classrooms, health stations, intra-field irrigation, roads, public water supply works. Work items selected for upgrading or construction will be decided by commune-level Peonies Committees in a priority order and suitable to the local practical situation, based on the participation of local population communities.

Article 6.- Some other policies

1. The state budget provides supports in vocational training for laborers in households arranged to population distribution project areas where land funds are not enough for agricultural production to stabilize their lives: the specific support levels comply with Clause 3. Article 1 of the Prime Minister's Decision No. 81/2005/QD-TTg of April 18,2005. on policies of support for short-term vocational training for rural labor. Poor households moving to population distribution planning regions Will be supported in borrowing capital from the Social Policy Bank for production development according to current regulations.

2. Based on specific conditions of their respective localities, provincial-level People's Committees shall incorporate policies under other programs or projects in their localities into projects under the Population Distribution Program.

Article 7. Total investment support amount and funding sources for implementation

1. The estimated total investment supports in the 2006-2015 period will amount to VND 9.250 billion: particularly with VND 4.500 billion for the 2006-2010 period, including:

- The central budget capital: VND 3.800 billion (including VND 1.100 billion of non-business economic capital and VND 2.700 billion of development investment capital).

- The local budget capital: VND 700 billion.

2. Funding sources for implementation:

a/ The central budget: Targeted additions to local budgets for execution of population distribution projects under the policies defined in this Decision.

b/ The local budget: To arrange no less than 209c of the targeted central budget additions, and at the same time to additionally mobilize other lawful capital sources to effectively attain the objectives and implement the policies of the Population Distribution Program. Particularly, those provinces which annually receive subsidies from the central budget will be provided with 100% central budget supports for implementation of the Population Distribution Program.

Article 8.- Organization of Implementation

1. Responsibilities of ministries, central branches:

a/ The Ministry of Agriculture and Rural Development (the standing body of the Population Distribution Program):

- To assume the prime responsibility for. and coordinate with the Ministry of Planning and Investment, the Finance Ministry and concerned ministries and branches in, guiding provincial-level People's Committees to work out their respective annual and five-year population distribution plans for sum-up and submission to the Prime Minister for approval, which will serve as bases for capital allocation to the Population Distribution Program:

- To guide, direct and organize the population distribution according to annual plans in order to achieve the targets of the Population Distribution Program:

- To estimate funds for direction and funds for training of human resources for the implementation of the Population Distribution Program in the spending tasks of the central budget;

- To assume the prime responsibility for. and coordinate with the Finance Ministry and concerned ministries and branches in. studying, adjusting or supplementing policies and mechanisms for population distribution, when necessary;

- To assume the prime responsibility for. and reach agreement with, the Ministry' of Planning and Investment and the Finance Ministry on. adjusting the support levels prescribed in this Decision when the domestic inflation rate rises from 30%- 50%: if the inflation rate exceeds the above-mentioned rate, the Ministry of Agriculture and Rural Development shall assume the prime responsibility for. and coordinate with concerned ministries and branches in. reporting it to the Prime Minister for consideration and decision;

- To assume the prime responsibility for. and coordinate with concerned ministries and branches in. inspecting and supervising the implementation of the Population Distribution Program by localities to ensure compliance with the objectives, regimes and current policies.

b/The Ministry of Planning and Investment:

- To assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development in. allocating adequate funds to the Population Distribution Program for implementation of annual and five-year plans:

- To reach agreement with the Ministry of Agriculture and Rural Development and the Finance Ministry on distribution of capital to branches and localities, making a separate list in the annual plans for implementation:

-To coordinate with the Ministry of Agriculture and Rural Development in examining the arrangement of spending plans and capital arrangement by localities in the implementation of the Population Distribution Program according to assigned annual plans.

c/The Ministry of Finance:

- To coordinate with the Ministry of Planning and Investment and the Ministry of Agriculture and Rural Development in arranging capital for the Population Distribution Program according to annual plans:

- To allocate, guide and oversee financial expenditures of the Population Distribution Program:

- To coordinate with the Ministry of Agriculture and Rural Development and concerned ministries and branches in formulating mechanisms and policies for realization of the Population Distribution Program:

- To coordinate with the Ministry of Agriculture and Rural Development in examining the capital arrangement and disbursement by localities in the realization of the Population Distribution Program according to assigned annual plans.

d/The Ministries of Defense; Natural Resources and Environment; Labor. War Invalids and Social Affairs; Public Security; Culture, Sports and Tourism: Education and Training: and Health; the Nationalities Committee and concerned ministries and branches base on their respective functions and tasks to work out plans to direct and guide localities in implementing of the Population Distribution Program.

2. Responsibilities of provincial/municipal People's Committees:

-To formulate their respective provincial annual and five-year plans and estimates of targeted additional allocations from the central budget and report them to the Ministry of Agriculture and Rural Development, the Ministry of Planning and Investment and the Ministry of Finance for sum-up and submission to the Prime Minister for approval:

- To arrange local budget capital as provided for at Point b Clause 2, Article 7 of this Decision as investment supports for projects under the Population Distribution Program:

- To incorporate capital sources of programs and projects and other lawful capital sources in localities for concentrated and prioritized investment in projects under the Population Distribution Program, which were already approved by competent authorities:

- To examine and supervise the management and execution of projects in their respective provinces, ensuring their compliance with the objectives, subjects and policies of the Population Distribution Program and current relevant regulations.

Article 9.- Implementation effect

1. This Decision takes effect 15 days after its publication in "CONG BAO."

2. This Decision replaces the Prime Minister's Decision No. 190/2003/QD-TTg of September 16, 2003, on migration policies for realization of the 2003-2010 population distribution planning; replaces Points a and d. Clause 3. Article 1 of the Prime Minister's Decision No. 120/2003/QD-TTg of June 11,2003. approving the Strategy for Socio-Economic Development along the Vietnam-China Border till 2010 and replaces Point a. Clause 4, Article 1 of the Prime Minister's Decision No. 160/ 2007/QD-TTg of October 17,2007. approving the Scheme on Socio-Economic Development of communes along the Vietnam-Laos and Vietnam-Cambodia borders till 2010.

Article 10.- Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decision.