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SOCIALIST REPUBLIC OF VIETNAM
PRIME MINISTER
Independence – Freedom –Happiness
No. 74/2008/QD-TTg
Hanoi, June 09 th, 2008
DECISION
On some supporting policies to solve residential land, productive land and
create jobs for poor, disadvantaged ethnic minorities groups in Mekong
River Delta in the period 2008-2010
______________
PRIME MINISTER
Pursuant to the Law on Government’s Organization dated December 25th,
2001;
Pursuant to the Decision No. 134/2004/QĐ-TTg of the Prime Minister
dated July 20th, 2004 on some policies to support residential land, productive
land, housing and clean water for poor, disadvantaged ethnic minorities
households
At the proposal of the Minister of Planning and Investment,
DECIDES
Article 1. Implement some supporting policies to solve residential land,
productive land and jobs for poor, disadvantaged ethnic minorities households,
in Mekong River Delta in the period 2008 – 2010 (Region) to create favorable
conditions for these households to develop production, improve and stabilize
their lives.
1. Goal: By 2010, all ethnic minority households in the Region will have
residential land; over 80% of poor, disadvantaged households will have
productive land, jobs, stable income; over 50% of laborers at the labor age will
have vocational training.
2. Object and scope for application
a) Object: the poor ethnic minority households are defined in accordance
with the current criteria managed by the Communal People’s Committees at the
date of December 31st, 2007, however they have no or insufficient productive
land according to regulations in Paragraph 2, Article 2 of this Decision; they
have no residential land, their lives are difficulty but they have not enjoyed
supporting policies of the Government on residential land, productive land;
laborers need capital to attend vocational training, change careers, go to work
abroad, implement production and business in the rural areas.
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b) Scope for application: the poor, disadvantaged ethnic minority
households have stable residence over 1 year and over in provinces: Vinh Long,
Tra Vinh, Soc Trang, Hau Giang, An Giang, Kien Giang, Bac Lieu, Ca Mau,
Dong Thap, Ben Tre, Tien Giang, Long An and Can Tho city.
3. Principle and purpose:
a) Principle:
- Directly assigning land for households who are mentioned in point a,
paragraph 2, article 1 of this Decision to produce or to be resident (for
productive land, the provincial, municipal People’s Committee finds the land
fund and allocates for households having needs of production, experience of
agricultural production);
- Directly grant money for households who are lacking of productive land
but they have no demand for productive land, they want to switch to nonagriculture or grant for households who have needs of productive land but the
locality have no longer the land fund to allocate; finance through vocational
training institutions (economic components) to support for laborers who have
needs of studying vocation to work in factories, enterprises, to work overseas ...
on the basis of quantity of vocational training registration, plan of annual
vocational teaching registration for beneficiaries approved by the district
People’s Committee or higher level in the plan of 2009 – 2010;
- Directly lend to laborers having needs of creating themselves additional
jobs in the local. Particularly, overseas workers only support the vocational
training and lend to workers at the age of 16 to 35;
- The support must ensure publicity, fairness and democracy through the
local authority and the mass organizations, conducting selection from the
village, hamlet under regulations of the law and policies of the State;
- Each subject (mentioned in point a, paragraph 2, article 1 of this
Decision) is entitled to be beneficiary of each policy one time.
b) Purpose:
- Households granted productive land, resident land have to directly
manage, use the land for the right purpose, no transferability, no pledge, no sale
or lease within 10 years, from the date of allotting land. During this period, if
households granted productive and resident land move to other place, they have
to hand over the granted productive and resident land for the local authority;
- Laborer supported a part of vocational training cost, changing career
cost have to use the fund for proper purpose through vocational training
institutions in the local area or in combination with the supporting policy for
training and creating jobs in enterprises.
Article 2. Supporting policy
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1. For resident land:
a) Base on the land fund and limit of resident land and the ability of the
local budget, provincial and municipal People’s Committees consider and decide
to grant land for the poor ethnic minority household in accordance with
conditions and practices at the local area;
b) Supporting level for purchasing land to directly grant for each
household that don’t have resident land is VND 10 million per household (of
which: the central budget supports VND 8 million, the local budget supports
VND 2 million).
In the capable local areas, the local authority organizes to level the land
surface, implement technical infrastructure in order to grant land or construct
resident areas to provide houses for eligible subjects under this provision.
2. For productive land:
a) The level of productive land for each household bases on the average
rate of the local and depends on the available land fund of the local, but the
minimum is 0.25 hectares of paddy land per crop or 0.15 hectare of paddy land
per 2 crops or 0.5 hectare of hill mound land or aquaculture land;
b) Households lacking of productive land as specified in this Decision or
without productive land, but they have needs of productive land, the local
authority bases on the demand, working ability, the ability for production
development of each household to create land fund to directly allocate for each
household for production or deliver through organizations such as: cooperative
team, co-operatives to do collective business;
c) The supporting level to have productive land for each household can
not exceed VND 20 million per household, of which the central budget grants
VND 10 million per household and each household is borrowed through
entrusted lending method, but not exceeding of VND 10 million per household
in 5 years at an interest rate of 0%. With this supporting level, the provincial,
municipal People’s Committee submits the People’s Council at the same level
for consideration, decision to support more land for the poor ethnic minority
households depending on the price of land in each local area;
d) Agricultural and forestry companies, forestry management unit, the
cooperatives are assigned to guide ethnic minority households to do production
business and will be supported an average of VND 10 million per hectare from
the central budget to reclaim land, construct a road, invest power grid, construct
small irrigation works or contribute capital to the cooperatives. Relating to
households who are supported from contributing capital to the cooperatives,
cooperative combinations will be assisted not to have rights to withdraw capitals
from the cooperatives, cooperative team in at least 5 years.
3. For households, laborers changing their career:
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Households not having need of productive land or the local has no longer
productive land to support, they will be supported in cash to create the job by
themselves, change other careers.
a) For households having laborers, but not having need of studying
vocation, but having need of capital to purchase farming tool, machinery to
serve for the agricultural productive households in the Region or having need of
capital to do other careers, increase their income, they will be supported up to
VND 3 million per household by the central budget and lent in the form of trust
lending but not exceed VND 10 million per household in 3 years, at an interest
rate of 0%.
b) Regarding to laborers having need of studying vocation to be workers,
to work overseas... the state budget will support up to VND 3 million training
fee per laborer. Supporting level depends on each sector and the actual training
time;
In addition to the above supporting level, depending on the ability of each
locality’s budget, they can determine the additional supporting level to the
laborers.
c) For overseas workers, apart from vocational training support before
going abroad, they’re also lent in the form of trust lending up to VND 20 million
per person. Loan size, loan term base on capabilities and actual requirements of
each worker;
d) For households, laborers changing their careers, in addition to enjoying
the above-mentioned policies, they also enjoy the preferential policies related to
vocational training in accordance with the current regulations;
đ) The support is carried out directly in cash for each entitled subject
through signing contract between the representative for the beneficiaries (local
authority, commune and ward union) and the institutions which are assigned the
vocational training according to the norm specified in this Decision;
e) In case the laborers have already been supported to train vocation,
change his/her careers, but after training, they are not joining in labor, he/she
would not be entitled to the loan supporting policies to find job, support life
settlement defined in this decision .
4. Lending conditions:
a) Households, laborers being considered for loans to develop production
and change their careers must be subject to the provisions of this decision and
they have plans for specific production and business plan certified or supported
to make their plans by the local authority, mass organizations at commune, ward
level; for overseas workers, in addition to certification of the commune local
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authority, they also have certification of enterprises sending them to work
overseas licensed by the competent agencies;
b) Capital sources come from VBSP, through entrusted lending through
mass organizations. Borrowers do not pay interest during loan term. Each
household can borrow loan one or many times, but the total amount should not
exceed the regulated amount, they have to pay no fee to do loan administrative
procedures. Lending procedures, loan terms are regulated by VBSP.
Article 3. Land funds and capital sources
1. Production, resident land funds:
Productive and residential land delivering to poor ethnic minorities
including: public land reclaimed under the scheme by the Government,
reclaimed land from enterprises, forestry management boards are managing but
using inefficiently; leased or borrowed land, unused land, recovered land from
enterprises misusing or being dissolved, reclaimed land, restored land,
purchased land or voluntary transferring land, etc,. The reclamation must
comply with the Law of Land and other current regulations.
2. Capital sources for implementation:
a) The central budget shall ensure to fund for the local and VBSP for
payment, lending at the supporting level specified in this decision and to support
the administrative cost equal to 0.5% of the total investment capital amount for
the local having difficulties in the budget;
b) The local budget shall ensure to support the minimum not less than
20% of supporting and mobilizing capital amount from other legal supporting
sources to allocate enough remaining capital to beneficiaries according to this
Decision and actively allocate funds to make the measurement, grant the
certification of land use rights for ethnic minorities.
Localities having difficulties in budget (receiving additional allocation
from the central budget) will be additionally supported by the central: 20% for
localities to receive additional allocation from the central per 70% of the
expenditures plan of the local budget in 2007; 15% for localities receiving
additionally 50%-70%; 10% for localities receiving additionally less than 50%.
Article 4. Implementation
1. Provincial and municipal People’s Committee in Cuu Long River Delta
is directly responsible and comprehensive in directing and organizing the
implementation of this Decision.
a) Publicizing the criteria, subjects and making a specific list of poor ,
disadvantaged ethnic minority households in the locality, annually approving
targeted supporting capital plan for solving residential land, productive land and
changing career sent to the Ministry of Investment and Planning, the Ministry of
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Finance, the State Committee for Ethnic Minorities before 30 August each year
to synthesize, submitting to the Prime Minister to decide the next year’s budget
plan; in 2008 provincial and municipal People’s Committees in the Region focus
on solving some the poorest households; the remainders will continuously solve
in 2009 and 2010;
b) Directing agencies in the locality to coordinate with mass
organizations, training institutions, enterprises in province to effectively
implement this Decision;
c) Directing in parallel the capital source for implementing policies of
this Decision with programs, projects, other policies in the local area; effectively
implementing synchronous supporting policies, synthesizing in the same areas to
accelerate hunger and poverty eradication, improve the lives for ethnic
minorities in the Region;
d) Supporting and directing lower-level People’s Committee to facilitate
VBSP to implement lending and loan collection;
đ) Regularly checking the performance, ensuring the implementation for
proper purpose and subject; no loss and negative actions to occur.
2. The Ministry of Planning and Investment shall chair and unify with the
Ministry of Finance to synthesize plan and arrange additional capital with
annual target for the locality; allocate the capital and management fees for
VBSP in plan and estimates of annual state budget, submit to the Prime Minister
and the National Assembly for consideration and decision. Regularly monitor,
supervise the implementation of this Decision, and report arising problems to the
Prime Minister to solve.
In the second quarter in 2011, the Ministry of Planning and Investment
shall chair, coordinate with ministries, agencies and localities in the Region to
report, summarize, evaluate comprehensively the implementation result of this
Decision.
3. The Ministry of Finance allocate capital and management fees for
VBSP in implementing progress; direct the monitoring, supervision of allocating
capital for the proper subject, no loss and negative actions to occur.
4. VBSP guides the lending process and procedures, make a plan for
disbursement sent to the Ministry of Finance, and periodically report to the
Prime Minister; the Ministry of Planning and Investment and the Ministry of
Finance on the result of implementing this Decision.
5. The Committee for Ethnic Minorities coordinates with relevant
ministries, agencies to guide the implementation of this Decision; regularly
check, supervise the implementation of this Decision; periodically report to the
Prime Minister on the result of implementing this Decision.
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6. Ministries, relevant agencies according to their function, duties are
responsible to check and support the localities to implement effectively policies
as prescribed in this Decision.
Article 5. This Decision takes effect after 15 days from the date of
publication. For the policy contents stated in other decisions, if the supporting
level is lower than that of this Decision will be applied under this Decision.
Article 6. The ministers, heads of ministerial-level agencies, heads of
government, chairman of provincial and municipal People's Committees in Cuu
Long River Delta region are responsible to implement this Decision./.
On behalf of Prime Minister
DEPUTY PRIME MINISTER
(signed)
Nguyễn Sinh Hùng
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