Circular 05/2013/ttlt-Btm Dated-Bnnptnt-Bkhđt-Btc-Bxd: 135 Program Implementation Guide On Support For Investment In Infrastructure, Support For Production Development For The Commune Especially Hard, Marginal Township ...

Original Language Title: Thông tư liên tịch 05/2013/TTLT-UBDT-BNNPTNT-BKHĐT-BTC-BXD: Hướng dẫn thực hiện Chương trình 135 về hỗ trợ đầu tư cơ sở hạ tầng, hỗ trợ phát triển sản xuất cho các xã đặc biệt khó khăn, xã biên...

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CIRCULAR guide programme 135 about support for investment in infrastructure, support for production development particularly difficult Township, the Township borders, safe zone Township, the village, a particularly hard _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to decision No. 135/2009/QD-TTg on 04/11/2009 by Prime Minister the Government issued regulations operating, implementation of the national target program;
Pursuant to decision No. 551/QD-TTg on 04/4/2013 of the Prime Minister approving the programme 135 about support for investment in infrastructure, support for production development particularly difficult Township, the Township borders, safe zone Township, the village, a particularly hard;
Pursuant to decision No. 819/QD-TTg dated on 29/5/2013 of the Prime Minister to amend and supplement some articles of decision No 2406/QD-TTg dated 18/12/2011 issued by the Prime Minister's portfolio of national target programmes the period 2012-2015 and the decisions issued national target programs for the 2012-2015 period;
Minister, Chairman of the National Committee of the Minister of agriculture and rural development, Minister of planning and investment, the Minister of finance, Minister of Ministry of construction issued a circular guiding the programme 135 about support for investment in infrastructure, support for production development particularly difficult Township , borders, safe area, the rural township, a particularly hard (135), chapter I GENERAL PROVISIONS article 1. Scope this guidance circular made 135 program by decision No. 551/QD-TTg on 04 April, 2013 of the Prime support for investment in infrastructure, support for production development particularly difficult Township (ĐBKK), social security, social and border zone (hereinafter the town) and the countryside , a wholesale, village, Hamlet, Hamlet ĐBKK (hereinafter the village).
Article 2. Principle 1. 135 program is investing in multiple funds: central budget (NSTƯ), the local budget (NSĐP), to mobilize contributions from businesses, organizations and individuals in and outside the country. The people's Committee (PPC), the provinces and cities under central (hereinafter the provincial PEOPLE'S COMMITTEE) is responsible for resource mobilization and mainstreaming of programmes and projects to implement.
2. NSTƯ support for the province according to the total investment of the annual support program 135, on the basis of the average capital limit of the communes and villages. The provincial PEOPLE'S COMMITTEE decision on allocation criteria for the communes and villages in 135 programs according to the difficulty level (K coefficient) and allocate capital for the district by District PEOPLE'S COMMITTEE delivered the blueprint for the town.
3. for the communes and villages ĐBKK the task of 135 programs from local budget, the provincial PEOPLE'S COMMITTEE to implement the capital arrangement ensure a minimum level of capital investment by NSTƯ.
4. implementation of program 135 must publicly, Democrats from the base, strongly promoted the participation of the people. PEOPLE'S COMMITTEE of social public notice, transparency regarding beneficiaries, the level of capital planning, settlement funding each year and at all stages of the program. The annual implementation plan and the stages are held opinions of the people. Social PEOPLE'S COMMITTEE, General, through the people's Council the same level (in places that have hosted the people's Council), the district level PEOPLE'S COMMITTEE approval.
5.135 program implementation plan must fit the planning, planning of economic development-social, tied with rural new criteria and to the opinion of the standing bodies 135 program; following an extension in all communes and villages a ĐBKK, and focus on directing resources to priority points in some communes and villages, to replicate the experiences, The project works were arranged which must complete end to score, the time taken to focus in one year, a maximum of not more than two years.
6. Strengthen decentralized management of township-level PEOPLE'S COMMITTEE for public buildings, the project's program 135, provincial and district level PEOPLE'S COMMITTEE has the responsibility to guide and help officials to direct management of township PEOPLE'S COMMITTEE.
7. Every year the provincial PEOPLE'S COMMITTEE of your organization the communes and villages ĐBKK sent to peoples Committee, General the authority to review the decision.
Chapter II SPECIFIC PROVISIONS of article 3. The project of the program 135 135 programs include: project to support production and development projects in support of investments in infrastructure.
Article 4. Implementation mechanisms 1. The project supports the development of the production of a) object:-poor households, the near poor: under current rules.
-Groups of households: must ensure the following conditions: + choice public, Democrats from the countryside on a voluntary basis, including the poor households, poor access and the other reputable households are living on the same area, with experience in production, have the ability to guide and help poor households, poor access in the Group rise to escape poverty. Groups of households have 1 team leader due to the households elected to executive management the Group's activities (priority women as head of the Group);
+ Has the commitment and clear rules of responsibility, the obligation to implement the plan, the project produced was determined and the effective use of resources, in order to increase income, creating employment for its members. The establishment of the Group of households by the village decided; in this group the number of households is not poor households do not exceed 20% of the total number of households of the Group and should have the consistency of the majority of poor households, the near poor. Group apartments build rules of operation, is the head Village Council and social consensus approval.
b) owner: village is the investor of the project supports the development of production.
c) investment support content: based planning for new rural development, rural development, forestry, fisheries and the needs of local people, the choice of appropriate content, practically tied to the market, the sustainability of earnings and food security to implement construction project supports development of production; not necessarily invest made all the content in the same geographical concentration of resources, to avoid spread. Implementation-specific content as follows:-support the agricultural extension activities, forestry, fisheries, public promotion helps people improve knowledge of household economic development, applying scientific and technological advances in production, access to credit, market information, use the land effectively.
-Support of seed, livestock, fisheries yield, quality, high-value on the market according to the aspirations of the people and in accordance with local conditions; support of fertilizers, plant protection drugs, veterinary drugs, vaccine vaccination disease dangerous to cattle, poultry; support materials conversion plant, livestock have economical value; support do farm breeding, improvement of aquaculture area.
-Support the development of model building production; cooperation with organizations and enterprises, the application of scientific and technological advances in production, cultivation, livestock, aquaculture, agriculture, forestry and fisheries associated with preservation, consumption of the product; in support of enabling people to study tours develop models scaling the production effectively.
-Shopping assistance equipment, machinery, tools of production, processing and preservation of agricultural produce after harvest.
-Support for capacity management staff develop production, forestry, agricultural extension officers, fisheries plant protection services, animal health, food hygiene and safety; help poor households, poor access to access the service, technical and scientific knowledge, awareness and use of production plans on households, groups of households was determined to grow produce on the locality.
-Capital to make the content on must be mainstreamed from the sources of capital: capital program 135, the Bank's concessional loan of social policy according to the decisions of the Prime Minister for poor households, households, poor households access extremely difficult, which is self-titled, capital from other sources to concentrate capital investment to produce effectively.
d) process of setting, appraisal, approval of investment plans:-the Department of agriculture and rural development, in collaboration with the Committee for ethnic guide DPC build long-term and annual plans matching the new rural planning, development of local manufacturing process of PPC.
-Village: village chief or Only + hamlet hosts a population of notice content, beneficiaries, the level of capital support for the hamlet of program 135, other sources of capital are loans under the current policy, the capital; market information, oriented to social-economic development of the town to the people discuss, choices. Secretary General, country report has been identified with the investor;
+ Annual planning and programming stage in both districts.
-DPC: General annual planning, planning at all stages of the commune (authorities were appraising) PPC reporting.
-PPC: the base plan is approved, funds allocated by the Central and local capital, capital allocation for units made.
DD) Organization: Department of agriculture and rural development, in collaboration with the Committee for ethnic staff help PPC guide directed the project supported development produced and directed in some communes and villages to draw human experience out wide.
-Districts are responsible for the direction, instruction, check out village project organization.
2. project support infrastructure investment a) investments in communes and villages:-new construction, repairs, renovations, including repairs, upgrading old buildings investment by other sources of capital are specified in point b of paragraph 4 Article 1 of decision 552/QD-TTg on 04/4/2013 of the Prime Minister.
-The investments that uses over 50% funding from the program to write the name sea 135 works in 135 program and the basic information of the owner, contractor, the total capital investment, commencement and completion time.
b) levels of investment decisions: DPC is granted investment decisions in infrastructure works program 135.
c) investment plan:

-The second quarter of every year, the category base village buildings which are the investment specified in point a of paragraph 2 of this and the list of works in the overall plan, inform and organize comments people's participation, the social-political organization to scrutinize category, location , the level of capital (capital NSTƯ, NSĐP, mobilize), scale; sort order of priority, identify specific works on the implementation plan the following year, General through Town Council (which has held people's Council), the district PEOPLE'S COMMITTEE approval.
-According to the category of works has been approved by the district PEOPLE'S COMMITTEE, the owner held up economic report-construction technique, with bidding process approved by the district PEOPLE'S COMMITTEE Chairman.
d), appraisal, approval of the technical-economic report:-establishment of technical-economic report (KT-KT): + funding KT KT-reports are arranged in the plan from the source of funding for investment projects in the program 135;
+ Works in investment projects in infrastructure in the country, Township 135 program has duration not exceeding 2 years or valuable works under 3 billion (not including land use money) just reporting the KT-KT; as for the level of capital investment projects from 3 billion to 15 billion (not including land use money) or have high technical requirements (due to the investor the decision), the owner must report the KT-KT and approved after the opinion of the evaluators specialized management organs;
+ In the process of reporting to the SOCIO-economic infrastructure works, the owner (in case of independence or to hire consultants) must obtain the opinion of the Community (those who benefit directly and responsibly to contribute building construction) about the content of investment and resource mobilization mechanisms for implementation of investment projects;
+ KT-KT report construction and bidding due to investor confidence or select the organization unit has enough capacity to perform;
+ Management of investment costs in infrastructure works program 135 follow separate instructions of the Ministry of construction.
-Appraise, approve the KT KT-report: + the owner is responsible for organizing the appraisal before the approval authority to the SOCIO-economic reports construction works;
+ For works by the district invested, DPC delivered specialized agencies organized evaluation report-KT KT;
+ For those works by communes invested: DPC is responsible for assessing the SOCIO-economic report before approval;
+ The time evaluation report-KT KT: not more than 10 working days from receipt of valid records enough for the construction of the district made the owner; not more than 7 business days for works by the invested Township;
+ Profile process evaluation and approval of KT KT-report: sheets of the approval of the owner, including the content: project name, owner, investment objectives, scale and location of construction, total investment, source of capital, financing of investment projects, the time of commencement and completion , the other content (if need); KT-KT report presentation, design drawings, construction estimating and bidding; the relevant legal texts.
+ Content of the evaluation report, including: KT-conformity of the work with the new rural development plan, in line with the General master plan of development of social infrastructure;
Technical feasibility, clearance capability, the ability to mobilize capital to meet the progress of the project, the factors that may affect the project;
In considering the reasonableness of the cost of the work (compare with local prices, comparison with the similar projects).
DD) perform construction works:-the choice of building contractor performs according to the following form: 3 + Delivery community (the people who benefit directly from the work) perform construction;
+ Group options, personal (in priority) enough capacity to perform;
+ Choose the contractor through tender form;
Specific regulations about the procedure, the form select contractors, procurement and construction contract made under current rules.
-The cases are allowed to specify the bid;
+ Package has a total investment of under 3 billion;
+ Urgent implementation package to overcome the consequences of natural disasters, storms flood;
+ Package was tender but only one bidder participated;
+ Package taken by package form under product unit (e.g.: million/km, m2) in order to mobilize labour power of the people, by the people to organize themselves to make, State budget support under 70% investment, reported CAC KT has to be approved by the authority;
+ Other special cases due to the Prime Minister to decide.
-Approval of the results of selection of construction contractor: Chairman of the district approved or authorized to approve the tender result as proposed by the investor.
e) active construction monitoring.
-Monitoring of client: client implementation supervision, responsible for supervision of the owner made under article 24 of Decree No. 15/2013/ND-CP on 06/02/2013 of the Government on the management of the quality of construction works.
-Community supervision: follow the provisions of decision No 80/2005/QD-TTg dated 14/5/2005 of the prime investment monitoring regulation on community and circular No. 04/2006/TTLT-KH-TC UBTƯMTTQVN-ĐT & on 04/12/2006 the Ministry of planning and investment, the Central Committee of the Vietnam Fatherland Front and the Ministry of Finance shall guide the implementation of investment monitoring regulation the community. Funding of activities of the Monitoring Committee the investment community was made according to the provisions of part IV circular No. 04/2006/TTLT-KH-TC UBTƯMTTQVN-ĐT & on 04/12/2006.
These investments are small scale (worth under 500 million), the simple technical design which the owner assigned to the surveillance Committee of community investment organizations monitor the construction works; investment monitoring Committee of the community enjoy the level of supervision costs construction, maximum is not exceeded the level of supervision of construction works by the provincial PEOPLE'S COMMITTEE rules; the provincial PEOPLE'S COMMITTEE in cases not regulated level of supervision of construction works shall be applied by the Ministry of construction norms.
g) testing, delivery, construction management experience, Commission: investor company organizations finish; participants include: test + investor representatives;
+ Consulting organization representatives reporting to the SOCIO-economic;
+ Organization representative, contractor;
+ Representative of owner supervision, representatives of community supervision;
+ Organizational representatives and individuals manage use of works;
+ Residential community representative benefit works.
The case specifically, the investor can offer more relevant components involved.
-After the trials, the owner handed to the village to the intersection for the Organization, individuals are responsible for managing use (send representatives handed three hands: investor representative-construction Party-Organization, personal benefit) and handed in at least 1 record, documents related to the work for the village; public notice-settlement work value to people.
h) maintenance, maintenance works: The infrastructure works have the properties to use for the area, not by the PEOPLE'S COMMITTEE of management, the Township maintaining by the units assigned to manage implementation from maintaining funding every year.
-The works and projects of business service service or serve benefits for households and groups of households due to the user management, self maintaining.
-The infrastructure works serve the common interest within the communes and villages (including the infrastructure works are in no capital investment by the program 135) by the authority delegated to management of village are used which support the maintaining of program 135 and the other legal financial sources to perform.
Every year, the village plan maintaining construction management, use of the Township, the DPC approval, maintaining capital were delivered in 1 account separately in the budget of the commune. Village is the owner of maintaining capital town, on the basis of which was allocated to the Project Management Committee (if any) or hamlet have works maintaining detailed estimating the capital source: State budget support, mobilize, materials, labor, in the investor community approval. The prices of materials, labor, calculated using the rates in the area by the Township owner to decide. Depending on the nature of work, the head of the Organization of the people in the rural hamlet of self maintaining or establishing, maintaining group. The owner contracted and held trials, payment with the nest team made certified by the Minister.
On the basis of the current rules on the management of basic construction of State issued this circular, and PPC have written instructions to perform maintenance maintenance.
I) project management organization, works:-investment works are complete, use the link on the range or works required high technical level investor communication.
-Works by a Manager use, delivered to the social investor. Village decided to establish a project management Committee. Project management has a legal personality, was permitted to open the account in the State Treasury the district and use the seal of the village to the transaction. Project management components include: head of the Board is the President (or Vice President) part-time; accounting; other members include a number of officials representing the departments in town, head of the village, some households representing residential community in the town (nominated by the community).
-The case of difficulty in the Township invested, DPC has elected officials and professional help or join the project management level to qualified Township Township invested.
-The Mission of the investor and project management: follow the provisions of Decree No. 12/2009/ND-CP on December 2, 2009 by the Government on the management of construction works.
Article 5. General, and use investment capital 1. Investment capital: the program 135 investment sources specified in decision No. 551/QD-TTg dated April 4, 2013 of the Prime Minister:-NSTƯ direct investment for 135 program.

-NSĐP direct investment for 135 program.
-Mobilized contributions from businesses, organizations and individuals in and outside the country; not mobilized the cash donations for poor households, households of poor access.
2. General, allocate, manage capital projects: the creation, distribution, decisions, management, use and settlement cost 135 programs follow the provisions of the law on the State budget and the writing guidelines.
3. Use of resources:-sources of capital used to support spending for projects under the development support content production, support to infrastructure investment and maintenance, maintenance works.
-For building materials, plant seeds, livestock and other goods bought by inhabitants to use on the project of the program 135, the price must match the ground on common prices at the same time; payment voucher is a receipt for the sale to households, certified by the head of countryside where sold, was the confirmation village.
-The local public works projects were implemented under the guidance of 135 program phase II, project infrastructure in the ĐBKK Township, the Township borders, safe zone Township, the village ĐBKK in the national target program on sustainable poverty reduction the 2012-2015 period prior guidance in circular used the capital of 135 programs from source the Central and local capital plan annually delivered to the next layout for works already completed finalization, complete yet unfinished construction and settlement on the area of the communes and villages continue to make 135 program.
-135 program management funding in the local level be guaranteed from NSĐP and other legitimate sources of capital used to support spending for activities: supervision, organize meetings, summary, summarizing the programme 135, diem for officers to attend the Conference of the province, district and Central Office equipment for the operation of the permanent organs. Ensure management funding levels from the corresponding annual NSĐP not too NSTƯ 0.5% of the total funding support for each province to make the program 135, but a minimum of 50 million per year, maximum 500 million/year. PPC agency-specific allocation, Marketing Manager, axis Unit directs implementation.
-Capital Source implementation of 135 programs from the budget shall be managed and focused, unified payment through the State Treasury.
Chapter III INSPECTION, monitoring, IMPLEMENTATION, EFFECTIVE and RESPONSIBLE for ENFORCING article 6. Inspection, monitoring, evaluation and reporting 1. Inspection, monitoring, reviews-PPC is responsible for direct, comprehensive quality, progress, the effect of local 135 program. The program's target base 135 and the actual conditions of the province, the provincial people's Committee directed the district to build the targets achieved according to schedule each year, each stage and end the program, as a basis for assessing program results 135.
-Permanent bodies 135 program the host plan, content checking, PPC help steer the industry departments, units and districts organize periodic inspection, General, report results evaluation of the Committee.
-PPC directed the departments, branches, divisions and districts of the PEOPLE to the local level, the Committee of the Fatherland Front and other socio-political organizations, community (representation) join and coordinate program execution monitoring 135.
-Ethnic Committee: + coordinated the ministries concerned and plans examining organization, reviews the results of 135 programs annually, between States and at the end of the program 135;
+ Coordination with State auditors audit plan performed annual program of the Prime Minister to decide.
2. Reporting-the Committee of the nation will have specific instructions on text content and reporting.
General peoples Committee-send reports to the Central Steering Committee on sustainable poverty reduction.
Article 7. Implementation 1. This circular base and according to function, the relevant central agency guidelines, detailed the necessary content.
2. Handle the transition issues: ensuring the principle when done under this circular does not interrupt or slow down the progress of programme 135, in particular as follows:-investment in infrastructure: the project has been approved by the authorized-KT report, selection of construction contractor before the date of this circular in force made under the appropriate instructions at the time of approval;
-In the process of implementation, if the text used is cited in this circular are Authority decided to replace, amend, Supplement shall be applied according to the alternative content, modify, Supplement of that text.
3. Ppc specific culture, guide to suit the characteristics of local conditions.
4. Ppc delivered to units working peoples of the province is the permanent agency 135 program.
Permanent bodies 135 program coordinated the departments staff help PPC manage 135 program and has the task of:-consistency with the Department of planning and investment, Department of finance, guide the district to plan long-term and annual investment, general plan which made long-term and annually on the PPC reporting.
-General planning of capital projects implementation in 135 districts program send the Department of planning and investment, the Department of finance to make integrating the local capital.
-On the basis of the instructions of the central ministries; coordinated the unit proposed staff relates the PPC issued guidance consistent with local conditions.
-Chairing help PPC test organization, monitoring, evaluation, synthesis report according to the regulations of the Department and the Commission.
-Make some content of 135 programs under PPC tasks assigned.
5. Dpc delivered ethnic Rooms (rooms) or appropriate professional bodies do permanent body of 135 districts program. Permanent agency responsible for helping staff management districts, directing, testing, implementation and synthesis report.
6. The branches, the levels on the basis functions are responsible for the direction, supervision, urging observance of the provisions of this circular.
Article 8. Effective enforcement of this circular effect since March 7 2014.
Article 9. Responsibility 1. The base of this circular, the Central and local authorities have the responsibility to modify, Supplement, replace or abolish the contents of text or related documents issued but no longer fits circular.
2. During the implementation of matters bottlenecks or have new content arises, the agencies, organizations, individuals have the responsibility to reflect with The: National Committee of Ministry of agriculture and rural development, the Ministry of planning and investment, Ministry of finance, the Ministry of construction to review or modify instructions supplemented accordingly./.