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Decision 2004/134/qd-Ttg Dated: About Some Of The Support Policy Of Land Production, Housing, Land And Water Activities For Minority Households Poor, Difficult Life

Original Language Title: Quyết định 134/2004/QĐ-TTg: Về một số chính sách hỗ trợ đất sản xuất, đất ở, nhà ở và nước sinh hoạt cho hộ đồng bào dân tộc thiểu số nghèo, đời sống khó khăn

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The DECISION by the PRIME MINISTER on a number of policies in support of land production, housing, land and water activities for minority households poor, difficult life _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
According to the recommendation of the Minister, the Chairman of the National Committee of Ministers, the Chairman of the Government Office and the ministries, agencies: agriculture and rural development (No. 1409/BNN-OPERATIVES on June 23, 2004); Peoples Committee (No. 398/BTM DATED CSDT-June 28, 2004); Of labour, invalids and Social Affairs (No. 1986/LĐTBXH-BTXH on June 21, 2004); Building (No. 934/BXD-QLN on June 22, 2004); Resources and the environment (No. 2019/BTNMT-ĐKTKĐĐ on June 22, 2004); Justice (No. 975/TP-PLHS-HC on June 22, 2004); Finance (No. 7184/TC-GOVERNMENT EXCESSIVE on June 29, 2004), the Council of peoples of the National Assembly (No. 443/CV-HĐDT on June 17, 2004), DECIDES: 1. Make some policies in support of land production, housing, land and water activities for minority households poor, difficult life aims together with the implementation of the socio-economic program, direct State support to minority households were poor growing conditions to produce , improve life, soon get rid of poverty.
1. Subject: ethnic minority households on-site, local permanent residents; is poor households live by farming, forestry or have not yet produced enough land, land in and got stuck on the housing, running water.
2. principles: a) supports production, land and housing, running water directly to households in poor ethnic minority;
b) ensure publicity, fairness to individual households, villages on the basis of the laws and policies of the State;
c) match the customs, usages of each nation, region, region, preserving the cultural identity of each nation; accordance with the conditions and practices associated with the planning, socio-economic development plan of local society;
d) The households supported land production, housing, and living water are directly managed and used to develop production, improve livelihoods, contribute to poverty alleviation. Special case, when households are supporting land production, housing, land needs to move to another place, they must prioritize the assignment of land use and land in production for the local authorities to return to the ethnic poor households.
The assignee the right to use land not under this provision, the State will recover no reimbursement for delivery to ethnic households have yet to have the land or land shortages.
Article 2. On the policy: 1. For land production: soil delivery minimum production Level for a household is 0.5 hectares of slash, Ray or 0.25 hectares of rice fields the country a service or 0.15 hectares of rice paddies in two countries. Specific land fund base of each locality, the ability of labour and the demographics of individual households and the ability of the local budget, the provincial people's Committee may review, production decisions for households with higher levels.
2. For land in land area at the interface Level: a minimum of 200 square meters for each of the households living in rural areas. The Land Fund in the base and the ability of the local budget, the provincial people's Committee may review decisions for households with higher levels.
Supporting the land production and land for the poor Khmer ethnic households due to the particularity of the Cuu Long River Delta, the State will have a private policy.
3. Housing: for the households of poor minorities (including ethnic Khmer) does not have housing or housing temporary and was too damaged, dilapidated then made the motto: do it yourself people, State aid and community assistance.
a) central budget support with 5 million households to make housing. The base situation and budget capacity, local support and to mobilize the assistance of the community.
b) with respect to the local forest, planned, planned annual logging are browser allows provincial people's Committee was logging under the rules to support compatriots do housing. specific support wood Level for each of the households making the housing due to the provincial people's Committee decision. Prohibiting the advantage of home support logging in to deforestation 4. About supported living water: a) for ethnic households in the scattered high, Rocky, difficult area of domestic water source, the central budget support 0.5 tons of cement to build rainwater tank or VND 300,000 for support of wells or water supplies.
b) for domestic water supply works focus: the central budget 100% support for the village had from 50% of households are ethnic minorities; the 50% support for the countryside, a there from 20% to below 50% of the number of ethnic minority households. The locality when built the water supply for the fellow to ensure sustainability and efficiency.
Article 3. The Land Fund for delivery to ethnic minority households in place yet or not enough land to produce, in the land, including: 1. the State Land under planning. Land Securities delivery adjustment in the agriculture, forestry;
2. The land recovered from the farm market, currently managing forestry but use less effective; land for lease, rent or loan;
3. Reclaiming vacant hills bare, unused land;
4. The land recovered from the inefficient manufacturing businesses, misuse the purpose or abolished; the land recovered from the individuals constitute or ground level.
5. forestry, farm land is being managed and used previously by minorities in place using the present tense to adjust delivery of securities (including land have industrial garden, planted forests) for households not yet allocated the land produced or not enough land for production to continue to manage the , used under common rules. The level of specific securities delivered by the provincial people's Committee.
6. Soil adjusted from households, or voluntary transfer of land use rights.
7. where no agricultural land, the land limits, forestry production delivery made according to Decree No. 163/1999/ND-CP dated 16 November 1999 by the Government on land, forest land rental to organisations, households and individuals use long-on purpose of forestry and the provisions of the law of the land.
Article 4. Support to create the Fund produced soils and land in District 1. The central budget support to fund the land production and land, including: reclaimed, when land compensation, the assignee of the households have more land with the average 5 million/ha. The province based on the actual situation of which have specific regulations.
2. The agriculture, forestry and the University was given the task of organizing for the ethnic minority households produce is also the central budget support reclaiming an average 5 million/ha; at the same time to support capital investment in roads, electrical grid and build small irrigation works.
Article 5. Capital source implementation 1. The central budget to ensure the expenses according to the level of support provided for in this decision.
2. local budget expense layout not below 20% in comparison with the central budget capital guarantee, at the same time mobilize more legal capital to implement this policy objective.
3. The active layout local funding to perform the measurement, certificate of land use rights for fellow.
Article 6. Implementation:

1. provincial people's Committee responsible directly and comprehensively in the direction and implementation of policies in support of land production, housing, land and water for the poor ethnic households.
a) publicize the criteria object, and the investigation established the list of ethnic minority households were poor in place yet or not enough land for production, and have hard on housing, running water on the area.
b) set up and approval of the project land, land production, housing, running water for poor minorities in the province (including the decision to regulate securities and land of the school by the Ministry of agriculture, forestry and the bodies of local management units) , send the Ministry of planning and investment, the Ministry of finance to the general process of the Prime annual plan decision.
The work on the right to complete in the third quarter of 2004. The case had difficulties and problems to report the Prime Minister and the ministries concerned to consider and resolve.
c) directing the relevant authorities, the local authorities and in coordination with mass organizations of social-political organizations on the effective implementation of policies for the support of ethnic minority households, accelerate the poverty, alleviate poverty, enhance the life of minorities.
d) check regularly the implementation of the policy to ensure each ethnic households; not to occur loss, negative.
DD) to the end of 2006 are basically done the policies specified in this decision.
2. The Ministry of agriculture and rural development, directing, guiding and helping the local in the building, improving the irrigation of small, support plant breeding, pets, solve water and sanitation of rural environment in the direction of developing the production of poverty alleviation.
3. The build instructions, urging localities to make housing assistance policy for ethnic minority households.
4. land settlement scheme bases of production, land, housing, running water has been Chairman of the provincial people's Committee approval, the Ministry of planning and investment to host United with The general financial planning and layout of additional capital for the local goals in the plan and State budget estimates for 2005 and 2006 , the Prime Minister.
5. the Finance Ministry and the Prime Minister decided on the specific policy revocation of the farm lands, forestry (even perennial gardens, planted forests) to for ethnic minority households were poor.
6. Ethnic Committee coordinated with the ministries concerned, inspection instructions, urging the implementation of this decision; periodically report the Prime Minister.
7. The ministries concerned according to function, its mission has the responsibility to check local, supports the effective implementation of policies defined in this decision.
Article 7. This decision takes effect 15 days from the date The report. Annuls decision No 154/2002/QD-TTg dated 12 November 2002 by the Prime Minister on the policy for ethnic minority households and households in the policy area in the Highlands to buy deferred housing. Article 8. The Secretary of the Ministry, ministerial heads, heads of government agencies and the President of the people's committees of provinces and cities under central authority responsible for the implementation of this decision.