Decision No. 74/2008/QD-TTg dated June 09, 2008 of the Prime Minister on a number of support policies on allocation of residential land and production land and creation of jobs for poor ethnic minority people with difficult living conditions in the Mekong river delta during 2008-2010

 DECISION

  ON A NUMBER OF SUPPORT POLICIES ON ALLOCATION OF RESIDENTIAL LAND AND PRODUCTION LAND AND CREATION OF JOBS FOR POOR ETHNIC MINORITY PEOPLE WITH DIFFICULT LIVING CONDITIONS IN THE MEKONG RIVER DELTA DURING 2008-2010

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Prime Minister's Decision No. 134/2004/QD-TTg of July 20, 2004, on a number of support policies on allocation of residential land, production land, residential houses and daily-life water for poor ethnic minority households with difficult living conditions;
At the proposal of the Minister of Planning and Investment;

DECIDES:

Article 1- To realize a number of support policies on allocation of residential land and

production land and creation of jobs for poor ethnic minority households with difficult living conditions in the MekongRiver delta (the region) during 2008-2010 in order to create conditions for them to develop their production and improve and stabilize their life.

1. Objectives: By 2010. to achieve the target that all ethnic minority households in the region will have their own residential land: over 80% of poor households with difficult living conditions will have production land and jobs with stable incomes: and over 50% of laborers of working age will receive job training.

2. Subjects and scope of application:

a/ Subjects of application: Poor ethnic minority households identified according to the current criteria and managed by commune or ward People's Committees, which have no or insufficient production land according to the level specified in Clause 2, Article 2 of this Decision by December 31, 2007; those having no residential land and meeting with difficulties in their life but receiving no support policies of the State on residential land and production land; laborers of working age who need money for job training, changing their occupations, going abroad to work as guest workers or expanding their rural trades or business lines:

b/ Scope of application: Poor ethnic minority households with difficult living conditions and permanently residing for one year or more in Vinh Long, Tra Vinh. Soc Trang. Hau Giang, An Giang. Kien Giang. Bac Lieu, Ca Mau. Dong Thap, Ben Tre. Tien Giang and Long An provinces, and Can Tho city.

3. Use principles and purposes:

a/ Principles:

- Land will be allocated directly to households mentioned at Point a. Clause 2. Article 1 of this

Decision for production or residence (particularly for production land, provincial/municipal People's Committees shall seek and allocate unallocated production land areas only to households that have agricultural production needs and experience:

- Money will be allocated directly to households with insufficient production land but have no need for more production land and wish to shift to non-agricultural production, or to households in need of production land but there is no production land area available in the locality to be allocated to them. Funds shall be allocated through job training establishments (of all economic sectors) to laborers who need job training for working in factories, enterprises or as guest workers abroad on the basis of the number of fund beneficiaries already registered as job trainees and local job training establishments' registered annual plans on job training for these subjects already approved by People's Committees of district or higher level in their 2009-2010 plans;

-Loans will be provided directly to laborers of working age who wish to generate by themselves additional jobs in localities. Particularly for guest workers, job training supports and loans will be provided only to those aged between L6 and 35 years.

- The provision of supports must ensure publicity, fairness and democracy and be made through local administrations and mass organizations. Support beneficiaries must be considered and selected from villages and hamlets in accordance with legal provisions and state policies:

- Each eligible person (defined at Point a. Clause 2. Article 1 of this Decision) will benefit from a policy only once.

b/ Use purposes:

- Households allocated with production land or residential land .shall directly manage and use it for proper purposes and may not transfer, assign, pledge, purchase. sell or rent it within 10 years after they are allocated land by the State. Within this duration, if they move elsewhere, they shall return their allocated production land or residential land to local administrations;

- Laborers provided with support funds for job training or shift to other occupations shall use these funds for proper purposes through local training establishments or in combination with state supports for training and job creation at enterprises.

Article 2.- Support policies

1. For residential land:

a/ Based on existing residential land areas and norms and local budget capability, provincial/ municipal People's Committees may consider and decide on allocation of land to poor ethnic minority households on the basis of local conditions and practices.

b/ The average level of support for land purchase to be provided directly to each household without residential land is VND 10 million, including VND 8 million from the central budget and VND 2 million from the local budget.

In localities where conditions permit, local administrations shall organize ground leveling and infrastructure construction before allocating land or build residential areas before allocating houses to eligible beneficiaries defined in this Regulation.

2. For production land:

a/ The norm of production land area per household is based on the local average level and available land areas in localities but must be at least 0.25 hectare for one-crop-a-year wet rice fields or 0.15 hectare for two-crop-a-year wet rice fields or 0.5 hectare for hilly land or land for aquaculture;

b/ For households that have insufficient production land areas against the norms specified in this Decision or have no production land but need land for production, local administrations shall base themselves on these households* needs, working capacity and production development potential to seek and allocate land areas to these households directly for production or through such organizations as cooperative groups or cooperatives for collective economy;

c/ The level of support for each household to acquire production land must not exceed VND 20 million, including VND 10 million from the central budget and VND 10 million provided in the form of trust credit loan with a term of 5 years and an interest rate of 0%. Based on this support level and land prices in each locality, provincial/municipal People's Committees shall propose People's Councils of the same level to consider and decide on larger land areas to be allocated to poor ethnic minority households;

d/ Agricultural or forestry companies, forest protection and management boards and cooperatives, which are assigned to organize production activities for ethnic minority households, will be provided an average support of VND 10 million/hectare to reclaim unused land, build roads, invest in power grids, build small-sized irrigation works or contribute capital to cooperatives. Households that are provided supports in the form of contributions to production cooperatives or cooperative groups may not withdraw these contributions within at least 5 years.

3. For households and laborers that shift to other trades or occupations:

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