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Circular 819/2004/ttlt-Btm Dated-Bkh-Btc-Bxd-Bnn: Guide The Implementation Of Decision No 134/2004/qđ-Ttg Dated 20/7/2004 By The Prime Minister On A Number Of Policies To Support Productive Land, Land, ...

Original Language Title: Thông tư liên tịch 819/2004/TTLT-UBDT-BKH-BTC-BXD-BNN: Hướng dẫn thực hiện Quyết định số 134/2004/QĐ-TTg ngày 20/7/2004 của Thủ tướng Chính phủ về một số chính sách hỗ trợ đất sản xuất, đất ở, ...

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CIRCULAR guide implementation of decision No. 134/2004/QĐ-TTg dated 20/7/2004 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to decision No. 130/2004/QD-TTg dated 20/7/2004 of the Prime (hereinafter the decision 134/TTg) about some of the support policy of land production, housing, land and water activities for minority households poor, difficult life and direction of the Prime Minister in writing the number 1401/CP-NN on October 28 2004 on implementing the decision 134/TTg; Contact: National Committee for planning and investment, finance, construction, agriculture and rural development guide made the decision as follows: i. GENERAL PROVISIONS 1. The support policy of land production, housing, land and water activities for minority households poor, difficult life ensures the principle of direct support to households. Households are benefiting from policies on direct management, use of the account is supported in order to stabilize production, life, Hon reduction, improving, preserving and promoting the cultural identity of ethnic minorities. Special cases, no longer needs to use the transfer of land use rights in land production, housing through local authorities to return to the households of other poor minorities.
2. The average review of ethnic minority households were poor yet or not enough land for production, and have hard on housing, running water must be conducted from the base village, ensure public, democracy through mass organizations, social people's Committee to consider the people's Committee of the district, County, city, town in the province (hereinafter referred to as the district people's Committee) examined, the General People's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) decision.
3. The support level of land production, housing, land and water activities for minority households poor, hard life, living by agriculture, forestry made in accordance with decision 123/TTg is a minimum. Depending on the capabilities of each of the local people's Committee may decide higher level. The case of the support level following the earlier decision of the Prime Minister compared the support level at 134/TTg decision shall continue to follow the previous support level. The local case too hard on the Land Fund, there is no support for soil settlement conditions for households by decision 134/TTg, the Chairman of the provincial people's Committee to proactively resolve towards the establishment of the project brought new economic come people or projects that create jobs for fellow.
4. support policy of land production, housing, land and water activities for minority households in poverty are implemented by the following sources:-the central budget to ensure the expenses according to the norms stipulated in decision support 128/TTg;
-Local budget layout not below 20% level of support from the central budget;
-Legal assistance funds due from the mobilization of local enterprises, social organizations, community ...
Management expenses, license, measurements of land use rights to households due to local budget guarantees, specific spending by the people's Committee of the regulation and are not quoted on the support level for the households.
II. OBJECT And SCOPE Of APPLICATION 1. A. support object for households of ethnic minority households were beneficiaries of policies prescribed in this circular are sure enough the following conditions:-poor households Is provided in decision No 1150/2000/QD-LĐTBXH on 1/11/2000 of the Ministry of labor, invalids and Social Affairs on the adjusted poverty standard, 2001-2005; live by farming and forestry, but don't yet have or have not enough land in production, there are difficulties about housing, running water;
-Is the ethnic minority households (households only spouses are ethnic minority people) settled in the locality; households migration freedom are brought into the planning, local settlement plan; households migration freedom date back to the old country before deciding to 134/TTg of effect execution, was the people's Committee of the communes, wards and towns (hereafter referred to as communal people's committees);
-The case of the ethnic minority households have been supported on land production, housing, and land in the water according to the rules before, but so far is still the poor households not enough land for production, and have difficulties in running water, then still enjoy support policy by decision 134/TTg. b. for rural communities , a village is held is regulated by decision No. 13/2002/QD-BNV on 6/12/2002 of the Ministry of the Interior issued the regulation on operation of Hamlet, population groups and have from 20% or more minority households are live and have hard about running water.
2. Scope of support policy of land production, housing, land and water activities for minority households were poor, living by agriculture and forestry made in nationwide (private land production and support in respect of ethnic Khmer poor households in the Mekong River Delta , will have a separate policy).
III. SPECIFIC RULES 1. In: a. Households have difficulties in being put on an beneficiary support policy is specified in point a, paragraph 1, item II of this circular and should be one of the following conditions:-not have housing or are in thanks, the rent (not owned by the State);
-Housing temporary and were damaged too, dilapidated.
b. the central budget support level to support 5 million households. Local budget support under 1 million households and funding support from the contributions of the business, social and political institutions, communities and individuals. If the home needs of households is greater than the support level then the household must ensure difference section.
With respect to the local forest, planning to exploit natural forest wood every year then the priority level wooden house for fellow; for the natural forest but has no plans to open the annual logging forest planning and projects addressed the report Ministry of agriculture and RURAL DEVELOPMENT for the Government to review the decision. Norms and ways to support wooden housing for households because of provincial people's committees decided on the basis of the instructions of the Ministry of agriculture and rural development. The cost of mining and transporting wood to the village (if any) due to local budget guarantees.
c. implementation regulations-the building housing assistance policy must fit in with the local population planning. The case of households in an is supported but is located in the area of construction, the area at risk of landslides, flash floods, protect corridors transportation, irrigation, energy, thing, the historical-cultural and other works protected under the provisions of the law, the housing support is done simultaneously with the move in other areas.
-People's Committee directed the Agency functions introduction, instructions for a population of about templates, designs homes in accordance with the customs of each nation, consistent with the ability of funds and ensure environmental hygiene conditions. .. to a population of selection decisions. The building houses must guarantee principles: households, State support, community help;

-These households in an enjoy the policy as defined in decision 123/TTg in the Cuu Long River Delta and Central Highlands has lent to homebuyers deferred by decision No. 105/2002/QD-TTg dated 8/8/2002 on policy for households the flooding deferred home purchase and dwellings in the cluster the residential routes, in the Mekong River Delta and decision No 154/2002/QD-TTg dated November 12, 2002 by the Prime Minister on the policy for ethnic minority households and households in the Highlands area in policy with deferred home purchase then still be supported in accordance 134/TTg and decision under the guidance of this circular. Funds are State budget support by decision 134/TTg is a source to repay the loan amount deferred to do home before. The repayment of loans made under the guidance of the Ministry of finance.
2. living water a. Households having difficulty living water are put into an beneficiary support policy is specified in point a, paragraph 1, item II of this circular and should be one of the following conditions:-located in the area had water supply system but wrong sources top , cannot afford to build a backup water tank;
-Located in the area have no water flow to exploit groundwater, rain water but do not have the ability to make reservoirs, wells;
b. Hamlet, a hard about running water are enjoying the support policy is Hamlet, a specified in point b of paragraph 1 of section II of this circular, capable of tapping water sources but have not been active investors and difficulty in building water supply works.
c. implementation regulations-for the ethnic households have difficulties about water sources, the central budget support every 0.5 tons of household cement (cement to ensure minimum grade 300 kg/cm2) at the village to do water tank or support 300,000 VND/households to dig wells or other water supplies; for these households do not do hot or Luke contains water, ability to base funding, local-level organizations lu, stéc contains water in plastic, steel or cement for fellow at village.
-For domestic water supply, people's Organization Committee directed as for infrastructure construction of 135 programs; that can't support as defined in decision 123/TTg and integrating with other target programs.
3. The land production and land in a. Households not yet have or have not enough land was put into an beneficiary support policy is specified in point a, paragraph 1, item II of this circular and should be one of the following conditions:-not have land;
-Households already have land in the area, but below the level specified by decision 134/TTg or under the provisions of the local (city, town, commune), the Land Fund in the base of each local and specific conditions, the provincial people's Committee to review the settlement.
b. not yet Household enough land was put into production an beneficiary support policy is defined at point a, paragraph 1, item II of this circular and should be one of the following conditions:-not have productive land;
-Had the land produced but not yet sufficiently specified by decision 134/TTg (0.15 hectares of rice fields under water 2 or below 0.25 hectares of rice fields 1 or 0.5 hectares of paddy fields, Ray turns to bottom) or a higher level of regulation in the locality in which the Prime Minister had written a previous regulations;
The resolution for these households had produced enough land area according to the above rules, based on specific conditions, the provincial people's Committee decision.
c. land production and housing land include soil types according to the provisions of article 3, decision 132/TTg d. Support level Land reclamation, agricultural land and forestry market delivered to households produce of land, the assignee of the households have more land, reclaiming land focused to households are the central budget the average support level of 5 million/ha. Customized local conditions can support a higher level.
IV. Management, PAYMENT, ALLOCATIONS SUPPORT CAPITAL 1. Established and allocating people Committee estimates the average results for the base of the district, General, approval of the project and estimate the funding needs of the programme sent the Ministry of planning-investment, the Ministry of finance and the Committee for the General Government , the National Assembly decided to supplement that targets from the central budget to implement the policies defined in decision 123/TTg;
Additional number base targeted was the Parliament, Prime support annually and local budget resources and other sources, the Commission plans to allocate for each district of the people's Council to decide. Bases the resolution of the Council of the people's Committee, the province delivered the estimation for the district details under each policy, the district people's Committee decided to allocate and inform each commune details for each policy and each household is entitled to under the list was competent to decide. The commune people's Committee reported to each of the households on the policy entitled, the support level .... as the list has been approved by the authority.
2. payment, allocated funds to support the base estimation be the prime delivery for each of the quarterly finance additional implementation goals for local budgets according to the progress made. For the province, on the basis of the estimation have been delivered to the people's Committee of the district, the Department of finance additional procedures have goals for the district budget. Financial district in cooperation with the State Treasury management implementation and allocate targets to the beneficiaries according to the progress made.
The payment for each allocation policy, each object is made according to the instructions of the Ministry of finance.
3. Accounting and settlement Of funds the State budget support to implement the policies in support of ethnic minority households poor, difficult life decision 134/TTg are accounting, settlement under the guidance of the Ministry of finance.
V. IMPLEMENTATION 1. The Committee is the standing agency peoples coordinated the ministries: investment planning, financing, construction, agriculture and rural development to help the Prime Minister General, tracking, urge, check, report the situation to follow rules;
2. The ministries concerned based on the duties assigned in decision No. 134/TTg and the text number 1420/CP-NN on 28/9/2004 of the Prime Minister, in cooperation with the Committee for the implementation of relevant content.
3. the people's Committee and the central cities:-responsible directly and comprehensively in the direction, implementation of policies. Publicize the criteria, the object being the beneficiary of policies. Organizations, establishment and approval of the project land, land production, housing, running water for poor ethnic minority province sent the Ministry of planning and investment, Ministry of finance, the ethnic Committee for the Prime Minister to decide.
-In the project must clearly be the funding support from the central budget, local budget, capital and time.;
-According to specific conditions, the provincial people's Committee to consolidate, enhance program Steering Committee 135 levels to implement decision 134/TTg or new established the Steering Committee made the decision 134/TTg if deemed necessary; Permanent Steering Committee Agency is the Agency to do the work of the nation, cities;
-Full implementation of periodic reporting, January 3 times, end-year report preliminary reviews of the ethnic Committee and the ministries concerned;

-Circular base provincial people's Committee and guidance to match the characteristics of local conditions and to make the policy effective.
VI. ENFORCEMENT of the PROVISIONS of this circular in force after 15 days from the date the Gazette