PRIME MINISTER ________ SOCIALIST REPUBLIC OF VIETNAM Independence-Freedom-Happiness ____________________________________ No.1592/QĐ-TTg Hanoi, 12th October 2009 DECISION No.1592/QĐ-TTg dated 12/10/2009 of the Prime Minister on constant implementation of support policies on production land, resiential land and potable water for poor ethnic minority households up to 2010 _____________ PRIME MINISTER - Pursuant to Law of Governmental Organization dated 25th December 2001; - At the request of Minister of Ethnic Minority Committee. DECISION CLAUSE 1. To continue implementing some support policies on production land, housing land and potable water up to 2010 for poor ethnic minority households for production development and stable improvement for living. 1. Beneficiaries and program scope: To be the poor ethnic minority households under the national poverty standard of Decision No.170/2005/QĐ-TTg on 8th July 2005 of the Prime Minister, who earn living by farming, forestation, have no or have not enough production land as regulated; difficulty in houses and potable water, have not enjoyed support policies under Decision No. 134/2004/QĐ-TTg on 20th July 2004 of the Prime Minister. Regarding the Mekong River Delta, to roll out the support policy on production land, housing land and job creation under Decision No.74/2008/QĐ-TTg on 9th August 2008 of the Prime Minister. 2. Direction: a) To support production lands, house lands and potable water directly for poor ethnic households. b) To ensure as right beneficiaries, on public and equality for each household, village under the Central Law and Policy. c) Suitable with the custom and tradition of each nationality, region, preserve cultural feature of each ethnic group; in line with the actual condition and the socio-economic development of each locality. d) To support both housing land and houses with the mottos "People do themselves, the Government support, the community help". đ) The households who are supported on production lands, housing lands, houses and potable water must use loans for proper purpose, for production development, improvement for living standard and contribution to poverty reduction; not entitled to transfer, offer, mortgage and let out production lands within 10 years since the date the Government allocate. If the households, who are provided production, housing lands and houses, move to another area for living (outside locality), they must have an obligation for returning back production, housing lands and houses to communal governments for their management; Regarding households who move to areas under the Central programming will continue to be supported on production lands and housing lands as stipulated at this Decision. e) The laborers are supported partly costs for job training or job transfer must use costs for right purpose through vocational training bases at locality or combine with support policies on training and job creation in enterprises. CLAUSE 2. POLICY: 1.Support production land: a) Support production land directly: - The limit of production land for each household is subject to the common average and the possibility of the local land availability but the minimum is 0.25 hecta of wet rice field for one crop or 0.15 hecta of wet rice field for two crops or 0.5 hecta of upland or 0.5 hecta of aquaculture land. - For the household who has not enough production land as above regulated, the supported land is based on the demands and capacity of labour and production of each household. - The supported amount size from the State Budget and the loan size is VND 20 million per household at maximum, of which the supported amount is VND 10 million/household and the loan size is VND 10 million/household with the five-year term and zero lending rate. With this support size and based on the land price at locality, the provincial People Committee submit to the provincial People Council for considering and approving to allocate bigger land areas for household than the above stipulation. - Forestry, agricultural enterprises, management unit of protection forest, production forest and cooperatives take charge of helping ethnic minority households who are supported VND 10 million/hecta averagely for reclaiming, building traffic roads, electricity and small irrigation constructions. - The production land fund for allocating disadvantaged ethnic minority households includes: Public lands revoked in programming by the State, revoked land from enterprises, forest management units who manage uneffectively, wrong beneficiaries or wrong competence, released or borrowed state land, unused lands, revoked lands from enterprises who use unproperly or dissolve, reclaiming lands, rehabilitated lands, offered or procured lands, voluntarily transfered lands, lands returned voluntarily by users, lands of individuals who are dead without inheritors etc., land revoke is executed in accordance with the Land Law and prevailing regulations. b) Contracting forest protection and afforestation: - The household who have not or lack production lands set forth at Item a, have needs for forest protection or afforestation, the local government will sign contract with them on forest protection or afforestation equivalent to the lacked production land as regulated. - The area limit of assiging forest protection afforestation is 30 hecta/household or 5 hecta/household maximally respectively. - For the household taking over forest protection is supported VND 200,000/hecta/year from the State Budget; each household enjoys total products after exploitation and gets support from the State Budget at the first time in investment of facilities, forestry seedling tree in process of planting production forest from VND 2 - 5 million/hecta (Based on prices of materials, breeding trees at locality, the Chairman of provincial People's Committee will consider and decide the supported amount size). - For the household living in poor districts under Government's Resolution 30a/2008/NQ-CP dated 27th December 2008 and taking over forest protection and production afforestation, not only enjoys the above policy but also receives the following policies: 15 kilos of rice/head/month during the period of not earning enough food (the subsidy time is decided by the Chairman of provinvial People's Committee), VND five million/household for food production land in the area of forest protection and production afforestation) the State Budget supports 50% of lending rate in state commercial banks for production afforestation. Based on the forest area in need of protection, land of production afforestation at commune and persons who have demands for forest protection and afforestation, the communal People's Committee formulates plans and conducts procedures of assigining forest protection and afforestation as regulated. c) Support job transfer: - For the household who has laborers but has no needs for job training but have demands for capitals to procure farming tools and machines serving agricultural production households or other jobs, he or she will be supported VND three million from the State Budget and borrow VND 10 million/household maximally with three-year term and zero lending rate. - For the laborers have needs for training job transfer will be supported VND three million/labor maximally; Based on fees, jobs and actual training duration, the Chairman of provincial People's Committee decides the supported amount for each labor. - For the laborers who are supported training job transfer, after job training if they have needs for capitals to procure farming tools and machines or other jobs, they will be supported more VND three million/household and the loan size is VND 10 million/household at maximum with the three-year term and zero lending rate for business. The households or laborers transfer jobs not only enjoy the above policies but also receive the preferential policies on job training in line with the prevailing regulation. In addition to the above supported size, based on the capacity of local budget, each locality will decide the supported amount for local residentials. d) Support overseas workers: - For overseas workers will be supported the cost of job training as VND three million/labor at average from the central budget, the supported amount for each labor is subject to training costs, jobs and actual training duration. - Apart from support for training costs, before working overseas, the laborers are entitled to borrow VND 30 million/person at maximum; the loan size and loan term are subject to the actual demands and ability of each person. In addition to the above supported amount, based on the capacity of local budget, each locality will decide the additional supported amount for overseas workers. For the districts with higher poverty rate than set forth at Government's Resolution 30a/2008/NQ-CP dated 27th December 2008 under Premier's Decision 71/2009/QĐ-TTg dated 29th april 2009. 2. Support for potable water: a) Dispersed potable water: For the poor ethnic minority household having difficulty in potable water will be supported VND one million/hosehold at verage in order to build water containers or digging water wells and create living water resources by themselves. b) For centred potable water supply constructions: - To continue on building living water constructions in villages and hamlets where in building progress, the construction with total costs from VND 1,000 million under the approved project of conducting Government's Decision No.134/2004/QĐ-TTg dated 20th July 2004; the cost for building constructions of each project is approved by the the provincial People's Committee. - For specially disadvantaged areas wihout water resources, the State Budget will invest for private targeted programs. 3. Suppor houses and housing lands: a) Support houses under Premier's Decision No.167/2008/QĐ-TTg dated 12th December 2008. b) Support housing lands linking with house support; local governments at levels create land fund and allocate for poor ethnic households without housing lands. CLAUSE 3. BORROWING CONDITION: 1. The households or laborers are considered for borrowing for production and job transfer must be in accordance with Item 1, Clause 2 of this Decision and must have business, production projects that communal authorities and mass organizations certify or support project forming. 2. The overseas workers, apart from verification of communal/ward/town governments, must have verification of enterprises which deliver migrant workers abroad or competent agencies which issue operation liscense and in line with the prevailing policy on overseas workers. 3. the loan resources from Vietnam Bank for Social Policies, the borrower is exempt from interest repayment during the loan term. Each household can borrow one time or many times but total loan for each time does not exceed from the stipulation and free from administrative procedures of borrowing. The loan procedures and loan term are stipulated by VBSP. CLAUSE 4. CAPITAL RESOURCES: 1. The state budget offers targeted support for localities and VBSP to conduct policies under the prevailing regulation. 2. The local budget ensures minimally 20% compared to the central budget and mobilize more other legal capital resources to implement policies. For localities facing difficulty in budgets and must receive additional balances from the central budget, the central budget will support supplement counterpart funds as follows: 20% for localities receiving additional balances from the central budget over 70% of cost estimate of local budget blance in 2008; 15% for localities receiving supplement funds from 50% - 70% of cost estimate of local budget balance in 2008; 10% for localities receiving supplement funds under 50% of cost estimate of local budget balance in 2008. 3. VBSP guarantees costs for households as stated in this decision. The loan source provided by the state budget is 70% of total loan sources for VBSP, remained 30% is mobilized by VBSP. The central budget offers subsidy on lending rate differences for VBSP. CLAUSE 5. IMPLEMENTATION: 1. Central Ministries and Agencies: a) Ethnic Minority Committee hosts and coordinates with Ministry of Planning and Investment, Ministry of Finance and other relevant ministries and agencies: - To guide localities to review and formulate the project of conducting policies as stated in this decision. - To consolidate and build the general plan of conducting policies as stated in this decision and report with the Prime Minister; - To supervise, urge, monitor, consolidate and report the current situation of implementing this decision; to sum up, evaluate policies after finishing; b) Ministry of Planning and Investment hosts and coordinate with the Ethnic Minority Committee and Ministry of Finance: - To consolidate and submit to the Government Prime Minister anf Standing Committee of National Assembly supplement targeted funds for localities and VBSP in 2009 in order to complete targeted policies in 2010; - To consolidate plans and allocate targeted funds for localities and VBSP following the plan and cost estimate in 2010, reporting to the Prime Minister and submit to the National Assembly for approval. c) Minsitry of Finance hosts and coordinates with the Ethnic Minority Committee, Ministry of Planning and Investment to allocate managment costs for localities; provide funds and management costs in order to conduct policies; provide subisidy on interest rate differences and management costs for VBSP; to direct supervision, monitoring and guide capital grants to right addresses. d) Ministry of Agricuture and Rural Development hosts and coordinates with the Ethnic Minority Committee and other relevant ministries and agencies: - To direct and guide localities to conduct contracting on forest protection and afforestation, building and improving living water constructions. - To guide localities which have specially disadvantaged areas without water resources to make survey, formulate and approve investment projects of building living water constructions for community, to consolidate and submit to the Prime Minsiter according to private programs. đ) Based on the approved projects, VBSP formulates the annual credit plan, the supported size and management costs, the mobilized limit and cost of subsidy and send to the Ethnic Minority Committee, Ministry of Finance, Minsitry of Planning and Investment to consolidate and submit to the Prime Minister and National Assembly for consideration and decision for lending procedures and guidances; periodically report the implementation result of this decision to the Prime Minister and send to the Ethnic Minority Committee, Ministry of Finance, Ministry of Planning and Investment. e) Relevant Ministries and agencies are in charge of monitoring, supporting localities to conduct this decision effectively. 2. Provincial People's Committee: a) Provincial People's Committee takes direct and comprehensive responsibility on formulating, approving and conducting the project of support policies for production lands, housing lands, houses, potable water and job creation for poor ethnic households at locality (Project of conducting policies as stated in this decision of localities). b) To announce on public policies, criteria, beneficiaries and investigate, survey, formulate and approve the project of conducting policies as stated in this decision at locality; to send approved local projects to the Ethnic Minority Commitee, Ministry of Planning and Investment, Ministry of Finance and VBSP before 20th October 2009 in order for ministries and agencies to consolidate and set the implementation plan and report to the Prime Minister. c) To direct agencies at local levels to coordinate with mass organizations, training bases and enterprises at locality in order to conduct this decision in the most effective manner. d) To direct transforming capital resources for conducting this decision with other projects and policies at locality; to implement support policies effectively and comprehensively for purpose of enhancing poverty reduction, improving living standard for ethnic minorities. đ) To support and direct junior People's Committee to facilitate VBSP to conduct lending and loan collection. e) Regularly monitor implementation and sensure for right purpose, right addresses and avoid losses and negative issues. CLAUSE 6. The decision takes effective since the signing date. CLAUSE 7. The Ministers and Leaders from minitries and government's agencies take responsibilties for implementing the Decision./. PRIME MINISTER (Signed) Nguyễn Tấn Dũng