Advanced Search

Circular 04/2013/ttlt-Btm Dated-Btc-Btnmt: Guide The Implementation Of Some Articles Of The Decision No. 755/qd-Ttg Dated May 20, 2013 Of The Prime Minister Approving The Policy In Support, ...

Original Language Title: Thông tư liên tịch 04/2013/TTLT-UBDT-BTC-BTNMT: Hướng dẫn thực hiện một số điều của Quyết định số 755/QĐ-TTg ngày 20 tháng 5 năm 2013 của Thủ tướng Chính phủ phê duyệt chính sách hỗ trợ đất ở,...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
 
CIRCULAR guide implementation of some articles of the decision No. 755/QD-TTg dated May 20, 2013 of the Prime Minister approving the policy in support of production, land, living water for ethnic minority households were poor and poor households in communes and villages, a particularly hard _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 84/2012/ND-CP dated 12 October 2012 of the Government functions, tasks, powers and organizational structure of the Commission;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to decision No. 755/QD-TTg dated May 20, 2013 of the Prime Minister approving the policy in support of production, land, living water for ethnic minority households were poor and poor households in communes and villages, a particularly hard;
Minister, Chairman of the National Committee of the Minister of finance, the Minister of natural resources and the environment issued the circular Guide made a number of articles of the decision No. 755/QD-TTg dated May 20, 2013 of the Prime Minister.
Article 1. Scope 1. This circular instruction policy and procedures, procedures for determining the object to be the beneficiary of support policies in land, water, manufacturing land for ethnic minority households were poor and poor households in communes and villages, a particularly difficult decision No. 755/QD-TTg dated May 20, 2013 of prime land support policy approval in land, water, manufacturing for ethnic minority households were poor and poor households in communes and villages, a particularly difficult (hereinafter referred to as the decision No. 755/QD-TTg).
2. Mekong Delta enjoy water activities support policy stipulated in paragraph 3 of article 3 of decision No. 755/QD-TTg dated. 2. Application object 1. Ethnic minority households were poor (even your wife or husband is ethnic minorities) and poor households in communes and villages, a particularly hard by poverty criteria defined in decision No. 9/2011/QD-TTg on Jan. 30, 2011, of the Prime Standard on poor households the near-poor households, applicable for the period 2011-2015, poor households list has been approved by the authority at the time of decision No. 755/QD-TTg of effect execution; live by farming, forestry, not enough land, the land produced by the average land limits due to people's committees of provinces and cities under central government regulations (hereinafter referred to as the provincial people's Committee), has difficulty running water; not yet entitled to the State's policy support on the ground in soil, water, manufacturing;
For the local poverty higher than specified poverty defined in decision No. 9/2011/QĐ-TTg dated 30 January 2011 of the Prime Minister, provincial people's Committee report the same level people's Council to decide the use of land in the support policy, manufacturing land living water, by decision No. 755/QĐ-TTg; funding made by local budget guarantees.
2. The agencies, organizations, individuals with regard to the implementation of policies in support of production, land, living water for ethnic minority households were poor and poor households in communes and villages, a particularly difficult decision No. 755/QĐ-TTg. Article 3. Support of land policy in the provincial people's Committee has the responsibility to self fund balance and the budget to decisions in for households in the beneficiaries to do housing policy under the provisions of article 1 and Paragraph 2 of article 3 of decision No. 755/QĐ-TTg. Article 4. The policy supports the land produced 1. Production land specified in decision No. 755/QĐ-TTg consists of annual crops, soil land crops, aquaculture land, forest land production and other agricultural land.
2. provincial people's Committee pursuant to the Land Fund, the actual conditions of the regulation to local average land production for every household in the province but not exceed allocated farmland to each household or individual under the provisions of the law of the land to determine the households not enough land for production.
3. Level of support from the central budget and loans from the social policy Bank for each of the households have yet to have the land produce up to 30 million households. In which the central budget support 15 million households and is the maximum credit not to exceed 15 million households, the loan period is 5 years with interest rates by 0.1% per month is equivalent to 1.2% per year. For households lacking land for production, the amount of support that corresponds to an area of land lacking compared to the average land production for every household in the province specified in item 2 of this Article.
4. provincial people's Committee pursuant to the Land Fund, the actual conditions of the locality to decide to make the land produce support for households in policy beneficiaries as defined in article 2 paragraph 1 of this circular are as follows: a) the case of local land funds likely to be produced without the need to perform soil improvement, the Committee the district, town or city in the province (hereinafter referred to as the people's committees at district level) pursuant to the planning, land use planning has been the competent State Agency approved the execution ground support for the households in the main beneficiaries list has ground production or not enough land to produce under the provisions of the law of the land , Decision No. 755/QĐ-TTg and this circular. The households are not using support funds from the central budget and not get the loan from the Bank of social policy;
b) where local production Land Fund but to be reclaimed, restored, soil improvement to have the ability to produce are the people's committees at district level committees directing the communes, wards and towns (hereinafter referred to as the social people's Committee) guidelines the households directly reclaiming , chemical recovery, reclamation or held up and the project reclaimed, restored, soil improvement by planning, land use planning has been the competent State agencies approved to land for production in the household beneficiaries of policy under the provisions of the law of the land , Decision No. 755/QĐ-TTg and this circular. Funding to implement the chemical recovery, reclamation, soil improvement made in accordance with decision No. 755/QĐ-TTg;
c) case of the households in need themselves to the transfer of land use right of production-level people's committees shall guide the households in beneficiaries of policy implementation of the transfer of land use right pursuant to the laws of the land. The level of support make the assignee under the actual transaction amount, but not exceed prescribed in paragraph 3 of this article;
d) Customized real conditions, the provincial people's Committee decided to add support for the households in policy beneficiaries as defined in article 2 paragraph 1 of this circular from the local budget and mobilize other legal sources.
Article 5. Water support 1. Living water dispersed The water dispersed support need to be flexible, tailored to each country's conditions, and the conditions of living of each; ensure the principles of the households to be supported must have running water and arranged in a convenient area for family activities;
District level people's Committee decided to approve the list of households supported funding distributed water under the policy. The township-level people's committees overseeing and funding support under the policy for the households in the list.
2. Living water concentrate the construction works of water concentration is pursuant to the scheme was approved in decision No. 1592/QD-TTg on October 12, 2009 by Prime. In the event of adjustment of the works under the scheme was approved by the provincial people's Committee, the reports Committee opinion.
Based on the review results, the actual situation of the base and the ability of the local budget, the provincial people's Committee decided the level of capital investment in each domestic water works focused by decision No. 755/QD-TTg dated accordingly.
Article 6. The other policy for the Land Fund no longer local produce for delivery, depending on local practical conditions are performed in one of the forms as support for converting the profession or the Labor export support or stocks protected and afforestation.
1. support convert to craft a) Chairman of the provincial people's Committee handed the Agency the provincial ethnic affairs general vocational training needs for the households in the affected policy object under decision No. 755/QD-TTg of locality; in collaboration with departments, functional sectors and district-level people's committees decided to open vocational training classes under the mechanism, the policies of the Prime Minister approving national target programmes and vocational employment period of 2012-2015;
b) committees at district level decision approving the list of households in need of capital and agricultural tools, machine shop to do the service of agricultural production; the decision to list the households are borrowing to make the other profession (profession of agriculture, non-agricultural, trade and small business service), the people's Committee of social monitoring and funding support under the policy for the households in the list have been browsing, notification and coordination with social policy bank disbursed loans section at district level.
2. the export of labor support for those households not yet available or not enough land to produce Labor export demand made under the mechanism, the policy stipulated in decision No 71/2009/QD-TTg dated April 29, 2009 by the Prime Minister on the approval of the project supporting poor districts to promote Labor export contributed to sustainable poverty reduction period 2009-2020 and Circular No. 31/2008/TTLT-BTC-BLDTBXH dated 9 September 2009 instructions made some content decision 71/2009/QD-TTg. the ethnic affairs authority granted the General list of households enjoying the policy report province-level people's committees to the agency implementation.
3. Delivery of securities forest protection and afforestation

Households making securities forest protection and afforestation under decision No. 755/QD-TTg dated as mechanisms, the policy stipulated in resolutions 30a/2008/NQ-CP on December 27, 2008 by the Government on poverty reduction support programs fast and sustainable for poor district 62, decision No. 57/QĐ-TTg dated 9 January 2013 by the Prime Minister on the approval of the plan protection and development of Forests 2011-2020 period and circular No. 10/2013/TTLT-BNNPTNT-BKHĐT October 2 in 2013 of the Ministry of agriculture and rural development, planning and investment management guide, using investment capital from the planned development and forest protection period 2011-2020 by decision No. 57/QĐ-TTg. the ethnic affairs authority granted the General list policy beneficiaries report the provincial people's Committee to the agency implementation.
Article 7. The sequence and procedures, the profile defines the beneficiaries of policies according to the decision No. 755/QD-TTg of 1. Major villages held a meeting invite representatives of all the households in the beneficiaries of policies for rural poor households list of communes, informed of the content and direction of social policies during 2 working days from the date of the direction of the town.
The households registered with the Secretary of the rural policy influence needs support; major villages formed a list of households registered. Time to complete in 3 working days from the date of notice of meeting of the Organization of the rural policy and the direction of the town.
2. Major organizational meeting the average rural village to publicly consider the representation of the social-political organization in the countryside, representing a number of households in the list; Head of countryside set records (including meeting minutes the average review and list in order of priority to the households in the family policy, households harder) send level people's committees of communes. Time to complete in 2 working days from the date of expiry of the registration.
3. The people's Committee of your township level, the General profile of the countryside, organized check average review process in the countryside; order of priority listed in the confirmation of the people's Committee Chairman granted the commune; set up 2 sets of records (including the proposed text enclosed list) send 1 for ethnic affairs authorities at district level and the 1st listed at the headquarters level to commune people's Committee. Time completed within 10 working days of receipt of a valid application of the countryside.
4. the ethnic affairs authority district level review, advised the district people's Committee Chairman General needs of the town, setting the record (including the proposed text enclosed a list of each detail to each township households, each hamlet) sent the Agency provincial ethnic affairs. Time completed in 10 working days from the date of receipt of a valid application of the commune.
5. the ethnic affairs authority granted the General, Chief of staff for the people's Committee established the ethnic Committee sent inspection before approval. Time completed in 10 working days from the date of receipt of a valid application of district level.
The profile of the provincial people's Committee was established of 5 sets: the scheme by the provincial people's Committee building (presentation content, the Appendix and the suggested text for comments), sent the Commission the nation, Ministry of planning and investment, Ministry of finance, Ministry of natural resources and environment and public works agencies in provincial races 1.
6. Ethnic Committee review of the local project and comments in writing. Time completed in 10 working days from receipt of valid local schemes.
7. the comments of the assessment base is the Committee for ethnic, provincial people's Committee completed, approved and delivered to the relevant agency implementation.
Article 8. The funds support policy implementation 1. The central budget has additional goals for the local budget to a policy of direct support of land productivity, water dispersed support, support shops, machinery tools services for agricultural production. The central budget to transfer funds for social policy Bank to lend (50% of total loans).
2. the central budget had additional goals for the local budget through funding national target programmes and vocational employment; development and protection of forests; the program of the national goals of clean water for rural sanitation to make apprenticeship support policies, support for Labor export, forest protection and forest planting stock, supported living water concentrate.
3. social policy bank guarantee of 50% of the total mobilization of loan resources.
4. Local budgets and other legally-mobilized to along with the central budget resources, which prioritized implementation of the policy.
Article 9. Process, procedures for debt recovery, loans made under the guidance of the social policy Bank.
Article 10. Estimating and allocating The estimating, billing, and support funding settlement lands, running water for the beneficiaries of policies in this circular follow current regulations on the management of the State budget, in addition to the following specific instructions : 1. Annual project base made the decision No. 755/QD-TTg of local and project plan has been the provincial people's Committee approval, the provincial ethnic affairs in collaboration with the Department of finance, planning and construction estimation made decision No. 755/QĐ-TTg in construction and local budgeting proposal budget the central support under each policy, reported the people's Provincial Committee sent ethnic Committee, Ministry of planning and investment, Ministry of finance; The Ministry of planning and investment, coordinated with the National Committee of the Ministry of finance general demand, which is expected to support the Government targeted supplemental decision for each locality in the estimation of annual budget. Private funding for a policy supporting apprenticeship, Labor export support, delivery of securities to protect forests and afforestation, water support focus, DOF, in coordination with the Department of planning and investment in General to estimate national target programmes and vocational employment; development and protection of forests; the program of the national goals of clean water for rural sanitation sent ministries Program Manager, sent the Ministry of planning and investment, the Ministry of finance to the General Government of the decision.
2. On the basis of the estimation of supplements that aim to be the prime source of the local budget, allocation and mobilization of resources to implement the policies as defined in decision No. 755/QĐ-TTg in the locality. Ethnic affairs authorities granted the province hosted, in cooperation with the relevant units to build capital allocation approach sent the Department of finance, Department of planning and investment to aggregate. The Department of finance in cooperation with the relevant units considering the Chief people's Committee of the provincial people's Council decided at the same level in the estimation of local budget every year.
3. A base resolution of provincial councils, provincial people's Committee Affairs estimates for districts (details under each task). Base funding levels are assigned provincial people's Committee, the people's Committee at district level allocation decisions and inform each of the communes, wards and towns (hereinafter the town) in detail under projects and policy support for households are entitled to according to the list has been approved by the competent authority and the level of funding granted to the people's Committee of social or the estimation for social people's Committee in the form of targeted supplements from the budget superior to subordinate budget.
Private funding policy of supporting labor, apprenticeship, vocational conversion provincial people's Committee handed the Agency the provincial ethnic affairs made.
4. the Commission's decision to base the people at district level, the social level of people's Committee announced publicly the support level to every Hamlet, every household in each policy is supported.
Article 11. Manage, allocate, billing, accounting and settlement payment, allocation of funding to implement the policy as specified in decision No. 755/QD-TTg dated for the unit and for each of the households are tight, ensure the right goals, the right audience; as for the direct payments in cash (or object) for households, social people's Committee has the responsibility to make a list for each of the households subscribe and fully implementing the procedure, prescribed documents. Specifically: 1. About support in land, land for the production of base options settle on land and land for production in the household is not yet available or not enough land, the land of production; Depending on the method of execution to have the mechanism to allocate payments to match. The payment level corresponding to the number of actual area was reclaimed or transferred and must not exceed the prescribed level of State support for each household are approved by the authority. The payment must ensure the following principles: a) for land reclaiming self-level people's committees of steering committees social collaboration with specialized agencies of the district was assigned to guide the Organization in the proper reclamation of land use planning of each commune and proper cultivation of the cells.
The resulting base reclaimed household, the people's Committee of social and professional bodies are district people's Committee tasked to perform testing volume, set the minutes.
The base list of households organize themselves, reclaiming a collecting area, the paper proposed by the people's Committee of social level; specialized agencies of the district was assigned to guide the Organization, in collaboration with financial-district plan check, report-level people's committees decided the support level, the social level of people's Committee in implementing the withdrawal plan in the State Treasury for payout for individual households.
b) for land assignee committees at district level delivery of a professional unit in cooperation with the Committee, along with the township-level people's households identified land transfer of the households, setting the minutes delivered (confirmation of stakeholders);

Costs base, list and land transfer of the households, the minutes of the transfer; Finance-planning district check, report-level people's committees to decide the level of support for each of the households as the basis for the people's Committee of social withdrawal made the estimation at the State Treasury, payments for households to have the land transfer, notification to the social policy Bank to make loans.
2. for reclaiming works focus or domestic water supply works in the village.
The advance payment, which works for the reclaimed water supply works focus or concentration is done according to rules for the investments of the infrastructure construction in the 135 program by decision No. 551/QD-TTg on 04 April 2013 by Prime.
3. for the recovery of the Land Fund to the Agency, organization, business: follow the current rules.
4. On the policy of support of living water dispersion based list of households supported living water dispersion has been granted authority to approve, sign of the households on the implementation modalities; The people's Committee of social needs and the general classification by each implementation modalities (households receive lu, stéc, items containing water; water tank DIY; dig wells or other water sources create) sent financial-planning district, the ethnic affairs authority district level check, report-level people's committees decided the support level for individual households. Payment allocation levels do not exceed the prescribed level of State support for each household are approved by the authority. The allocated, payments to beneficiaries under the policy implementation modalities such as the following: a) for households granted lu, stéc, water supplies to base the list of registered households, supply contracts between units are competent tasked with supply unit lu , stéc, items containing water; the volume of lu, stéc, contains the actual water levels for households according to the minutes of the transfer between the supply unit and the individual households (with newsletter of the households), the people's Committee of social test, made the estimation at the withdrawal of State Treasury payment for the units provide lu stéc, water supplies, according to the regulations.
b) for household DIY water tank to base the list of household registration, which was the competent authority for cement supply in rural delivery to individual households in the correct quantity. When the cement delivered to each household to set up cement volume statement delivered to each household to households subscribe, submit social people's Committee as a basis for payment.
The base lists the volume of cement supply to practically households, the selling price to the villages was signed, the people's Committee of social test, conducted rehearsals estimation in the State Treasury for payout of cement supply units as specified.
c) for households dig wells or other water sources create a base list of household registration, the people's Committee of social mobilization for the social-political organization in collaboration with the local community guides, help households make.
After minutes of testing volume completed (signed confirmation of households, social-political organizations locally), the people's Committee of social test, conducted rehearsals estimation in the State Treasury to pay for the households.
5. support households have vocational workers to convert the craft apprenticeship, labour learnt to support converting trades made under the provisions of circular No. 102/2013/TTLT-BTC-BLDTBXH on July 30, 2013 the Ministry of finance, Ministry of labor, invalids and social affairs management rules and guides use the career capital made a number of projects National target programmes and vocational employment period 2012-2015.
6. support households have labor, which needs capital to stores of agricultural tools, machinery for making agricultural production or service need capital to do other professions, increased income.
The base list of households, people's committees of general social work agencies send ethnic and financial-planning at district level, test report-level people's committees decided to support, as the basis for the people's Committee of social withdrawal made the estimation at the State Treasury , payment for the object.
7. The funding policy of support for Labor export, stock allocation funding forest protection and afforestation accomplished allocated and paid to the object as specified in the guidance documents management using funds made national target programs for jobs and protection of forest development program.
8. On the certificate from the records sent the State Treasury when making withdrawal estimation: estimating the year was authorized; the paper draws estimation according to the regulations; The decision of the people's Committee at district level about the level of support for each of the households in each of the content.
9. Regarding the responsibility of controlling expenditures: the State Treasury control payment guarantee correct support amount of funding granted and the list approved by the decision of the people's Committee at district level, the social level of people's Committee is responsible for the accuracy of the minutes and the use of correct support amount purpose , the right audience.
10. Reporting accounting and settlement Of the central budget funding to support implementation of the policy of support of ethnic minority households were poor and poor households living in difficulty as defined in decision No. 755/QĐ-TTg was accounting, settlement currency, the local budget expenditure under current rules.
The funding policy of support for the land conversion, production trades, living water for ethnic minority households were poor and poor households in communes and villages, a particularly difficult was accounting, General in the budget as follows: for the cost of labor households have to convert apprenticeship trades are accounted , combined into provincial budget; with respect to funding support provided for in paragraph 1, 2, 4 and 6 of this is accounting, General-level budget (budget authorized funding level district level for social budget) or budget-settlement level (level budget supplements that aim for social budget) according to the hierarchy of the budget by the provincial people's Committee of the people's Council report the same level of decision.
11. accounting regulations table of contents State budget in cases supported by money directly to households, employees: 7100 Entry accounting support "collective economic and residential", "other" 7149 subsection.
Article 12. Implementation 1. The provincial people's Committee to base the content of policy decision No. 755/QĐ-TTg, instructions in this circular the organization deploying the reviewing, identifying objects and capital needs, build the project to implement the policy of sending local ethnic Committee verified before approval.
2. content of proposals to clarify the total number of households are affected, the number of households and the total amount of capital support for each policy; specifically by the expression data (form attached), presentation and report writing proposal, sending ethnic Investigation Committee for comments.
The provincial people's Committee on specific regulations about the forms and reports in the local mode for reviewing, General construction scheme and make the reporting regime with Central.
3. approved project base and annual results, the provincial people's Committee general planning policy of capital needs under decision No. 755/QD-TTg of sending ethnic Committee along with the time of planning the social-economic development and the annual budget estimates under the guidance of the Ministry of planning and investment The Ministry of finance.
4. Six months and every year, the provincial people's Committee report aggregate results of local policy to send ethnic Commission, sent the Ministry of finance, planning and investment, resources and the environment, the ministries concerned. The Organization of the evaluation results of policy implementation by decision No. 755/QĐ-TTg and synthesis reports of the Commission in the first quarter of 2016, peoples report to the Prime Minister.
Article 13. Terms of implementation 1. This circular effect since January 2014.
2. applicable documents referenced in this circular as modified, supplemented, substitute shall apply according to the revised text, Supplement, replace it.
In the process if there are obstacles and reflecting on The Union: National Committee of finance, resources and the environment to review resolution./.