Circular 39/2011/tt-Bnnptnt: A Guide To Building Master Plan, Details On Immigrant Resettlement And Development Organizations Agricultural, Forestry, Fishery Processing Associated With The Consumption Of The Product.

Original Language Title: Thông tư 39/2011/TT-BNNPTNT: Hướng dẫn xây dựng quy hoạch tổng thể, chi tiết về di dân tái định cư và tổ chức phát triển sản xuất nông, lâm, ngư nghiệp gắn với chế biến tiêu thụ sản phẩm vùng...

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base of the Government's Decree No. 01/2008/ND-CP dated 9 January 2008 functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; number 75/2009/ND-CP dated September 10, 2009 on the amendment of Article 3 of the Decree No. 01/2008/ND-CP;

Pursuant to Decree No. 92/2006/ND-CP on 7 September 2006 by the Government on creation, approval and management of the overall socio-economic development; Decree 04/2008/ND-CP DATED April 2, 2008 on the "modify and supplement some articles of Decree No. 92/2006/ND-CP on 7 September 2006 by the Government on creation, approval and management of the overall socio-economic development";

Pursuant to decision No. 34/2009/QD-TTg dated April 8, 2010 by the Prime Minister on the "regulation on compensation, resettlement and support irrigation projects, hydroelectric power";

The Ministry of agriculture and rural development instructions to build the overall planning, detailed planning of migration resettlement and development organizations agricultural, forestry, fishery processing, associated with the consumption of products of the resettlement projects for irrigation, hydroelectric power as follows: chapter I GENERAL PROVISIONS article 1. Scope this guidance circular sequence, content, creation, appraisal, approval of the overall planning, detailed planning of migration resettlement and development organizations agricultural, forestry, fishery processing associated with the consumption of products of the resettlement projects for irrigation, hydroelectric power on the territory of Vietnam.

Article 2. The object that applies to this circular apply to organizations and individuals in the country are related to the work migration, resettlement and development organisations producing agricultural, forestry and fishery Department resettled irrigation projects, hydroelectric power.

Chapter II the OVERALL PLANNING and DETAILED PLANNING of MIGRATION RESETTLEMENT of article 3. The steps of research planning and migration, resettlement planning the migration, resettlement was conducted according to the following steps: step 1: overall planning of migration resettlement, to determine the details of households, immigrant resettlement; volume, loss of land, the property associated with the land; zones, resettlement points; forms of migration, resettlement; the volume and scale of infrastructure works in the area, the resettlement points; the total compensation expense needs, support and resettlement;

Step 2: planning the details (points) relocation to accurately determine the tolerability of the immigrant households to resettlement, the construction of infrastructure, the development of production projects and life support for the (points).

The price of migration planning, resettling the unit cost on the overall planning, detailed planning, resettling migrants apply as specified by the Minister of agriculture and rural development, and other relevant texts of article 4. The overall planning of migration, resettlement of 1. Overall planning for content migration, resettlement, including: a) analysis, to assess the damage the lake bed and the ground to build irrigation, hydropower;

b) determine the value soil damage compensation in land, property, production associated with the revoked land flooded the lake bed, the clearance works and where the construction, resettlement points;

c) predicts population size, structure population resettlement region consistent with the master plan of socio-economic development, industry planning and strategy of the national population distribution;

d) planning approach migration, resettlement: justifying the point, target immigrants, proper relocation master plan for socio-economic development, the planning of local industry;

The total number of households (password) migration, resettlement;

The form of migration, resettlement: focus, xen, manually move; Directory of Department, area, the resettlement points;

The progress of migration, resettlement each year;

Analysis, evaluation of natural conditions, the region's social-economic, special resettlement points, attach importance to the investigation, a comprehensive review of the Land Fund, the source of water to ensure people have enough land for resettlement in land production and the conditions for sustainable development; tolerability of population in each area, the resettlement points; planning projects to build infrastructure in the zone, such as resettlement points: traffic, irrigation, water works and other public welfare; production development projects associated with processing, product sales Department of resettlement.

DD) estimated total investment planning implementation: funding for compensation, resettlement assistance funding and funding construction, resettlement points; The capital source implementation planning.

e) determines the solution of the mechanism; policy and implementation planning goals.

2. The order to build the overall planning of migration, resettlement was conducted according to the following steps: a) collect documents had combined with surveys to build the outline and the funding to build the planning authority for approval;

b) research, building and planning projects selected under the content specified in paragraph 1 of this article;

c) The authorized appraisal, planning;

d) planning notices to relevant agencies.

3. products of overall planning, resettling migrants include: c) reported aggregate planning, resettling migrants;

b) thematic reports on the layout of residential building, infrastructures, the development of production;

c) The map illustrates the location, status, the planning ratio from 1/25,000-1/250,000 depending on the scale of the relocation and map planning, resettling national score is 1/10,000;

the attached schedule d) report as: current status land use; socio-economic status; migration planning, resettling; the planning of infrastructure construction; land use planning; development of the manufacturing industry; capital and investment capital, its expression related to the content of the planning;

DD) the text of the opinion of the authorities where the resettlement Department flooded the lake bed, the ground works and a number of relevant legal texts.

4. Evaluation of overall planning, migration, resettlement authority overall planning of migration resettlement: authority master plan for migration, resettlement is established according to the provisions in item 1 circular No. 03/2008/TT-BKH on July 1st, 2008 by the Ministry of planning and investment guide and a number of articles of Decree No. 03/2008/ND-CP November 1, 2008 of the Government amended and supplemented Decree No. 92/2006/ND-CP on 7 September 2006 by the Government on establishment, approval, manage the overall planning the social-economic development.

Evaluation profile the overall planning of migration resettlement, including sheets of the authority proposed the approval of the master plan;

The documents prescribed in paragraph 3 of this article.

The Agency assessed the overall planning, migration, resettlement of people's committees of provinces and cities directly under the Central Government (hereinafter referred to as the provincial people's Committee) held due diligence, approval of the master plan for migration, resettlement within the province.

The Ministry of agriculture and rural development organization evaluation, overall planning, resettling migrants in two provinces.

Time evaluation of overall planning, resettling migrants time evaluation of overall planning migration, resettlement is 45 days since getting enough key documents.

Article 5. Detailed planning for migration, resettlement of 1. Detailed planning for content migration, resettlement, including: determining the location (venue), the boundaries, the scale and the relationship of the resettlement points, with socio-economic development of the town.

Assessment of the status of the zone, the relocation of natural conditions: meteorology, hydrology, topography, geology, pedology and area the soil type; water resources and water quality in service activities and production;

Analysis of the current state of land use, land for agriculture, forestry, fisheries, non-agricultural land, land, land;

The situation of agriculture, forestry, fisheries and other industries;

The situation of infrastructure: transportation, irrigation, water, electricity, education, health, social, cultural institutions, commercial services;

Demographic and population distribution: the village; number of households (password); the ethnic composition; Customs; the level of population; income and life; forecasting the population of the area, the resettlement points;

Assess the tolerability of migrant households to resettlement.

Analysis, assessment and prediction of career transition situation of people resettled.

Build detailed planning approach, the area of resettlement planning content zones, resettlement points consists of 4 parts: the detailed planning of land use; detailed planning of residential layout; detailed planning and production development plans to build the infrastructure.

The detailed planning of land use, locate, the total area of the land cover types: land; agricultural land; forest land; aquaculture land; land use; the land reserve; other soil types. The average area of soil types on to the households resettled and households in the affected (if any), ensure the minimum limit under current policies;

Detailed planning of residential point identification: location, location, population size; the space layout of resettlement points (including the House, the garden, the ancillary attached housing, infrastructure works, social infrastructure in resettlement points), an area of land in production, land, land to build the technical infrastructure works, social infrastructure and the migration progress resettlement;

Detailed planning for the construction of infrastructure, determine the scale of standard works, transportation, irrigation, and drainage, public welfare (schools, clinics, kindergartens and kindergarten, House of culture) and the other works in the range of points and resettlement areas, resettlement points (if any) match the new rural construction planning according to decision No. 491/ QD-TTg dated 16 April 2009 by Prime to "enact the national criteria of the new countryside" and in accordance with the customs, usages of each nation;


Detailed planning to produce identification: an area of each type of produce (including the land of the households in the transfer and land reclamation, chemical recovery) delivered to households resettled; structural layout of production (cultivation, livestock, aquaculture, industrial, handicraft, services, commercial farming and cultivation, forest protection); expected to yield an output value and the average income of households;

Total estimated capital costs including land damages, property associated with the recovered land where to and; the cost of the resettlement support policy; the cost of building the infrastructure, resettlement and point, the resettlement areas; production costs; project management costs; other costs and backup;

Expected capital sources: capital migration, resettlement; capital programs of socio-economic development on the other; of capital (money and labour); other capital;

Divergence of capital each year;

Expected progress in the construction, resettlement and construction progress of each item of works;

2. The sequence of construction detailed planning area, the resettlement was conducted according to the steps: a) collect existing material combining surveys to build the outline and the funding to build the planning authority for approval;

b) research organizations, detailed planning of the content specified in paragraph 1 of this article;

c) opinions of people involved and the level of Government where people go and where resettlement of planning approach;

d) process of the authorized appraisal, planning;

DD) planning notices to relevant agencies;

3. The product of detailed planning of migration resettlement projects, irrigation, hydropower a) General report;

b) types of map: map the current state of social-economic zones, resettlement points ratio of 1/25000; Planning map of social-economic development zone, the relocation of 1/10,000 or 1/rate 25000; Map detailed planning of resettlement points ratio of 1/500; Map the detailed planning of land uses of agriculture point of resettlement has ratio of 1/2000;

c) The Appendix: schedule of the first compensation statistics go, head to (in households); The General data about the current state of the land, the infrastructure (where to go and where to); The land-use planning, the planning of residential layout, planning of production, capital and investment capital, the other expression is related to the content of detailed planning.

4. Evaluation, approval of detailed planning a) records appraisal, approval of detailed planning including:-sheets of the owner send authority to recommend approval of the detailed planning;

-Planning document as specified in paragraph 3 of this article.

b) assigned, approved the detailed planning Committee granted the Organization the evaluation and approval of the detailed planning of resettlement points, zones or authorize the people's committees at district level approval depending on the scale of the relocation, the score.

Chapter III ORGANIZATION of the PRODUCTION of agricultural, forestry, fishery PROCESSING, ASSOCIATED with the CONSUMPTION of the PRODUCT the RELOCATION article 6. Production planning General requirements of production planning for the relocation of the effective exploitation of the potential, the advantage of the land, climate, labor in the resettlement points, to develop agriculture, forestry and fisheries consistent with the potential advantages of each Department towards producing goods as varied sustainable, in order to increase income, stability and taking steps to improve the life of the household resettlement region;

Determine the type of product and the product development scale plants, pets, main focus on specialty products, high economic value, easy to transport, storage, capable of processing industry.

Identify the sources of capital: capital support from the project migration, resettlement; capital projects program; credit capital and capital letters of the Organization, the individual in the economic sectors to invest in production development of resettlement areas.

Production planning content analysis assessment of the status of development of agriculture, forestry and fisheries: reviews, status analysis and development process of the production of agricultural, forestry and fishery Department resettled as: the plant, livestock structure, the structure of agriculture, forestry, fishery and the level of contribution of each Department to create jobs , the income of each people;

Analyze, evaluate the products mainly, primary product manufacturing zones, technology investment, labour, organization of production and the limiting factor affecting the productivity of crops, livestock, labour productivity and the income of agricultural workers;

Analysis, assessment of the status of agricultural land use (agriculture, forestry, fisheries) are: area, production area structure the Group plant, yield and production of each type;

Assessment of the status of applied engineering, technology in the production of agricultural, forestry and fisheries. Service provider status, transfer of technology for production of agriculture-forestry-fisheries for the production. The system provides agricultural extension services, promotional, support production development tied to product consumption, processing the resettlement;

Status distribution system and the scale type of agricultural, forestry and fisheries; the Organization of processing; organizational modalities provide materials and links between producers of raw materials to the processing facilities;

Analysis, assessment of the status of the consumption and the possibility of market access of agricultural products of the region.

Construction scheme selection, production planning determines the scale, structure, regional distribution of crop production, livestock, aquaculture, forest type in the resettlement areas;

Proposed models of production and organization of production of agricultural, forestry, fishery and the processing associated with the consumption of the product;

Determine the type of product and the product development scale of agricultural, forestry and fishery of the relocation accord with ecological conditions and market demand;

Determine the system of agricultural extension services, fishing promotion, promotional, technical transfer and request support plant breeding, pets, vaccines for disease prevention;

The Department has the ability to produce goods of agricultural, forestry, fishery processing system attached to the product and the mechanism of the link resource.

Appraisal, planning production of provincial people's Committee approved evaluation organization of planning production, agriculture, forestry, fishery processing associated with the consumption of products of the resettlement within the province or authorize the people's committees at district level assessment organization approved the planning of agricultural production fisheries, forestry, associated with the consumption of the product in processing resettlement within the district;

The Ministry of agriculture and rural development evaluation organization, planning production, agriculture, forestry, fishery processing associated with the consumption of the product range in the resettlement zone 2 the back up.

Article 7. Production development organizations build options that support the production, the resettlement of the people's Provincial Affairs Committee the Department of agriculture and rural development guidelines, consistent with the local government and people to build the production projects of individual households, as a basis for consideration of funding support for the production development of migrant households resettlement;

Production variant of households must conform to the production planning department, area, the relocation has been approved; match the technical economic quota of each type of crop, livestock and supplies are the Department of agriculture and rural development; fit the unit price by the provincial people's Committee. Case price by the provincial people's Committee rules, reviews are based on quotes of the supplier on the basis of valuation of the Department of finance.

The support level, content assist and support the method of production projects for households resettled by the provincial people's Committee prescribed under the provisions of article 11 of decision No. 34/2009/QD-TTg.

Implementation of agricultural extension work, the base of the current rules and agricultural extension work, the owner of the project migration, resettlement Committee to manage migration, resettlement grants, in collaboration with the Centre, the station, the base-building promotional plan for the content , object, duration, location and cost estimation to serve agriculture, the promotion in the resettlement process, the zone authority approval to arrange the funding done.

Based on the cost estimation, planning, promotional has been approved and funding was announced, the management of migration, resettlement in cooperation with the Centre, the station, the encouragement to make agricultural extension activities, promotional, transfer of technical progress in the area, the resettlement points.

Market research and product consumption provincial people's Committee entrusted the Department of agriculture and rural development coordinated with the Organization of industry market research product consumption in the resettlement areas;

The base volume of goods and products in the resettlement areas, encourage the purchase of network organization product for processing and consumption of products.

Chapter IV IMPLEMENTATION article 8. The responsibility of the provincial people's Committee detailed content guide construction, appraisal, approval of the overall planning, detailed planning and organization of production of agriculture, forestry, fishery processing associated with the consumption of products of the resettlement projects for irrigation, hydroelectric power.

Organizations implementing construction, appraisal, approval of the overall planning, detailed planning and organization of production of agriculture, forestry, fishery processing, associated with the consumption of the product the resettlement under the guidance of the content of this circular and the other the current text is relevant.

Affairs of the Department of agriculture and rural development in the implementation of the governance of migration, resettlement projects for irrigation, hydropower, coordinated with relevant departments guidance, direction, check the process of building the overall planning, detailed planning Development Organization, produced in association with a product, processing the resettlement and compensation policy, support and resettlement in the locality.

Article 9. The responsibility of the Department of Economics and rural development


Inspect, guide the process to develop the overall planning, detailed planning of resettlement and migration, organized production of agricultural, forestry and Fisheries Department local resettlement;

Advised the Ministry to coordinate with the relevant ministries held due diligence, approval of the overall planning of migration resettlement under the proposal of the people's Committee.

Article 10. Effective enforcement of this circular are enforceable after 45 days from the date of signing;

In the process of implementation of the circular what obstacles the people's Committee of the central cities, reflects the timeliness for the Ministry of agriculture and rural development to regulate supplements./.