Does head of the residential group have authority to confirm list of poor or near-poor households in Vietnam?

Does head of the residential group have authority to confirm list of poor or near-poor households in Vietnam?

Pursuant to Clause 1, Article 2, Circular 17/2016/TT-BLDTBXH stipulates interpretation of terms as follows:

1. Poor households and near-poor households are households that, through annual investigation and review at the grassroots level, meet the criteria for determining poor households and near-poor households specified in Clause 1 and Clause 2, Article 2 of the Decision. No. 59/2015/QD-TTg dated November 19, 2015 of the Prime Minister and recognized by the Chairman of the Commune People's Committee as part of the list of poor and near-poor households in the area;

Pursuant to Clause 1, Article 5 of Circular 17/2016/TT-BLDTBXH, amended by Clause 2, Article 1, Circular 14/2018/TT-BLDTBXH as follows:

1. Process for reviewing poor and near-poor households arising during the year

In cases where households in the area encounter unexpected difficulties during the year, they need to be reviewed and added to list of poor and near-poor households to be able to access the State's poverty reduction support policies, follow the following procedure:

a) Households with a written request for approval of additional poor households and near-poor households (according to Appendix No. 1a issued with this Circular) must submit it directly or by post to the receiving Commune-level People's Committee;

b) The Commune-level People's Committee directs the Commune-level Poverty Reduction Committee to prepare a list of households with applications (according to Appendix No. 2a issued with this Circular) and organize appraisal according to Form B ( according to Appendix No. 3b issued with this Circular); Report the appraisal results and submit to the Chairman of the Commune People's Committee to decide to recognize the list of poor and near-poor households; publicly post the list at the headquarters of the commune-level People's Committee;

The time for appraisal, approval and issuance of the Decision to recognize the list of poor and near-poor households is no more than 07 working days from the date of receiving the household's request. In case a recognition decision is not issued, the reason must be clearly stated;

c) Every month, the Commune-level People's Committee summarizes and reports to the District-level People's Committee the number of poor and near-poor households arising in the area (if any) for the District-level People's Committee to summarize and report to the Provincial People's Committee;

d) The Provincial People's Committee compiles a list of poor and near-poor households arising during the year.

According to this Article, you need to make a request for approval of additional poor households and near-poor households to be approved, and this request for additional approval of poor and near-poor households must be received and processed by the commune-level People's Committee as being on the list of poor and near-poor households. Thus, the residential group leader does not have authority to confirm that you are on list of poor or near-poor households. You can ask the residential group leader to testify about your situation so that the commune-level People's Committee can receive and handle the matter in Vietnam.

What is implementation of time to organize a review of poor and near-poor households in Vietnam?

Pursuant to Article 4 of Circular 17/2016/TT-BLDTBXH, regulations on the time to organize the review of poor and near-poor households are as follows:

1. The time to organize the annual review of poor and near-poor households is from September 1 to December 31 of the year.

2. The review of poor and near-poor households is regularly carried out at the time the household submits a request to the Commune People's Committee (with confirmation from the village head) for the following specific cases:

a) In case a household encounters unexpected difficulties during the year, it should be added to the list of poor and near-poor households in the area to be able to access the State's poverty reduction support policies;

b) In case a household is on the list of poor households or near-poor households managed by the locality and requests to register for approval to escape poverty or escape near poverty.

Best regards!