Thông tư 41/UB-TT quy định hướng dẫn tiêu chí từng khu vực vùng dân tộc miền núi

CIRCULAR

OF REGULATING AND GUIDING THE MATERIALIZATION OF ZONE IDENTIFIED CRITERIA IN THE ETHNIC MINORITY AND MOUNTAINOUS AREAS

- To materialize the direction by the Prime Minister at the official note 7189/DPI dated 14 December, 1995 by the Govemment on delegating the State Committee for Ethnic Minority and Mountainous Area Affairs to declare the criteria identifying each zone in the ethnic minority and mountainous areas;
- To have basis for the development investment, implementation of the guidelines and policies appropriate for each zone and each target, effective in the ethnic minority and mountainous areas;
- The criteria to identify each zone according to the development level in the ethnic minority and mountainous areas are regulated and guided by State Committee for Ethnic Minority and Mountainous Area Affairs as follows,

I. GENERAL REGULATIONS OF CRITERIA

A. THE GENERAL REGULATIONS:

The mountainous areas where different ethnic groups are living close together and having received development investment for many years have been categorized into three zones according to the varied development level, namely:

Zone I: Developing zone

Zone II: Temporarily stable zone

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The classification of each zone is considered basing on the following five criteria:

1. Natural condition, location of residence:

Clearly identifying the location of residence with specific natural condition to find whether it is highland, far and remote areas, border areas, areas affecting the development centers such as: town, township, economically developed areas, areas close to national or provincial road network... or the buffer areas between the developed and the highland, far and remote areas.

2. Infrastructure:

Great attention is paid to the primary works such as :

- Transportation: roads (national or provincial highways, inter-district or commune roads); crossing railways and railway stations; airports ; water roads.

- National electricity, micro hydro power, other energy sources...

- Irrigation: irrigating capacities for rice and industrial trees... combined irrigation and clean water supply; clean water supply works such as well, tank...

These works are considered in terms of their size, technical aspect and capacities to meet the demand of production and local people's living condition.

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- People's educational level: educational level, illiteracy rate, abilities to perceive and apply the guidelines, policies, advanced technique and technology..; health care issue: disease prevention and control, health protection, family planning, advanced or backward cultural lifestyle..

- Size and quality of: school, clinic,broadcasting and/or television station, cultural centers..

4. Production conditions:

- Average of area of forestry/agricultural land, husbandry per household, per person; simple or mechanical production tools.

- Level of intensive farming or animal raising; scientific and technological application to production; production structure: forestry, agriculture, industry and handicraft, services.

- Level of commodity production, formulation of goods region with main products; formulation of goods market: trading center, regional market, capacity of goods exchange/circulation.

5. Living condition:

- The classification of hungry and poor household is followed the "hunger and poverty degree and standard in Vietnam" regulated by the Ministry of Labor, War Invalids, and Social Affairs at its reports No 13266/LD-TBXH of 29 August, 1995:

- Basis to identify hunger and poverty standard is : household income equivalent to kg of rice per capital per month.

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+ less than 25 kg of rice for household living in urban areas

+ less than 20 kg of rice for household living in rural areas of lowland and midland

+ less than 15 kg of rice for household living in mountainous rural areas

- Hungry household is the one whose income per capital per month equivalent to rice is less than 13 kg.

B. BASIS FOR ZONE IDENTIFICATION

Commune is regarded as the unit for zone identification. Any commune considered meeting 4/5 criteria of any zone will be ranked in that zone. Special case: a village where the majority of its population is ethnic people, having very high rate of famine and poor households, wide disparity of development level as compared it to other villages in the commune, after being considered by the Appraisal Council and acknowledged by the People's Committee of the District, can be regarded as another zone different to the zone identified to that commune.

This means that there might be different zones in one district.

- Figures recorded in 1995 is taken into account for consideration. If in 1995 locality suffered natural disaster, harvest loss, etc.. those of 1994-1995 will be considered.

- After two years of implementing policies, developing investment, the development level of each commune will be reassessed basing on concrete criteria for proper adjustment and suitable implementation of policies and investment planning.

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Basing on the above - mentioned general criteria regulations, the detailed criteria for each zone are as follows,

ZONE I: DEVELOPING ZONE

1. Location of residence: cities; provincial/district townships; industrial areas; business operation centers; plant growing or animal raising areas; areas close to national/provincial roads/highways, railways, airports, ports (being considered as driving force); and those within 10 km around the driving force areas.

2. Infrastructure which has been formed, initially well serve people's production and living conditions; easily accessed to transportation, electric systems, irrigation work, water supply system, school, clinic, radio and television Station...Basic needs are met.

3. Social factors such as educational level, cultural and spiritual life are making progress and above the national average level.

4. Stable production condition, sustainable cultivation and permanent settlement, commodity producing areas are being formed and developed.

5. The number of hungry households is below 20 % of the total commune's households, the lives of local people are stable and the income per capita is at or above the national average level.

ZONE II: TEMPORARILY STABLE ZONE

1. Location of residence: communes locating between zone I and 3; about 10 - 20 km away from the driving force areas.

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3. Social factors are not met to facilitate community development; low people's educational level; illiterate rate accounting for 30 - 60%; poor disease protection and hygiene, lack of information.

4. Unstable production condition, simple and self sufficient production; easily practicing shifting cultivation and nomadic life; poor commodity products.

5. The number of hungry households accounts for 20-50110 of the total commune's households, the lives of local people are settled but not stable

ZONE III: UNDERPRIVILEGED ZONE

1. Location of residence: communes locating in the far and remote areas, borders, islands; above 20 km away from the driving force areas.

2. Infrastructure has not been formed but very simple; accessed to transportation with difficulty; impossible assessment to villages by car roads; poor or no facilities of electric systems, irrigation work, water supply system, school, clinic, other services.

3. Social factors are not met the basic level; extremely low people's educational level; illiterate rate accounting for more than 60110; frequently being attacked by diseases, practicing backward lifestyle, no information.

4. Underprivileged production condition, simple production such as food picking and finding, mainly practicing shifting cultivation and nomadic life.

5. The number of hungry households accounts for above 60110 of the total commune's households, the lives of local people are seriously underprivileged with chronic hunger and poverty.

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1. Establishment of appraisal council for zone classification

a. The appraisal council at the central level: implementing the Prime Minister's directive at the official note of 7189/DPI dated 14 Dec, 1995, the council is composed of:

- One leader of the State Committee for Ethnic Minority and Mountainous Area Affairs acts as the Chairman of the Council.

- Representatives from Ministry of Planning and Investment, Ministry of Labor, Invalids and Social Affairs, Govemment Committee for Organization and Personnel, Ministry of Agriculture and Rural
Development, General Department of Land act as the council's members (with issued decision of appraisal council establishment).

b. The appraisal council at the local level:

Chairperson of the Provincial/District People's Committee issues decision to set up the provincial/district appraisal council which is led by one leader; other members come from relevant departments similar to those in the Central Appraisal Council.

2. Implementation

a. Following activities should be completed by 31 March, 1996 by local authorities:

- Training cadres of provincial/district/commune level on general regulations of criteria as well as on detailed criteria for each specific zone.

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b.The district level appraisal council

The assessment and ranking of each commune will be based on the concrete conditions of each commune and consideration of the criteria for each zone.

c. The provincial level appraisal council:

Basing on the reports by the district level appraisal councils and local all- sided conditions and on the criteria for each zone, the provincial level appraisal council will make assessment and submit it to the Central appraisal council for consideration/approval and declaration of those ethnic and mountainous areas belonging to one among three zones.

The appraisal documents which will be sent to the State Committee for Ethnic Minority and Mountainous Area Affairs (80 Phan Dinh Phung Street, HaNoi) are composed of:

- Summary report of ethnic and mountainous communes, ranking in three zones and stating the criteria which have or have not met by each commune

- Land map classifying three zone on the provincial's administrative map

- Appraisal minute made by the Provincial appraisal council

- Written proposal made by the Provincial People's Committee on the recognition of the three zones.

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- This circular is valid for enforcement since the date of its signature. During the process of its implementation, local authorities are requested to report to the State Committee for Ethnic Minority and Mountainous Area Affairs any confusion which might occur for the latter's consideration and proper adjustment.

- Since the declaration of the decision by the Minister - Chairman of the State Committee for Ethnic Minority and Mountainous Area Affairs recognizing the three zones according to the development level, the implementation of policies, guideline, and development investment should be closely based on the conditions of each zone.

cc:
- The Office of the Govemment (for reporting)
- The Office of the President of Vietnam (for reporting)
- The Office of the National Assembly (ONA) (for reporting)
- Nationality Council under ONA(for reporting)
- Committee for social affairs under ONA (for reporting)
- Central Office/ Central Inspection Office of the Communist Party of Vietnam (for reporting)
- People's Supreme Inspection and Control Institute (for reporting)
- Ministries, Govemment-affiliated institutes and agencies
- People's Committees of provinces and centrally-controlled cities
- Central bodies of mass organizations - Vice- chairmen of the State
Committee for Ethnic Minority and Mountainous Area Affairs
- Files

MINISTER - CHAIRMAN
STATE COMMITTEE FOR ETHNIC
MINORITY AND MOUNTAINOUS
AREA AFFAIRS




Hoang Duc Nghi