Decision No. 02/2007/QĐ-TTg On the issuance of Regulations on Compensation, Support, and Resettlement for the Son La Hydropower Project

Pursuant to …;

Regarding the issuance of Regulations on Compensation, Support, and Resettlement

Son La Hydropower Project

___________________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 44/2001/QH10 of the National Assembly, 10th Session, Ninth Meeting, June 29, 2001, concerning the investment policy for the Son La Hydropower Plant Project and Resolution No. 13/2002/QH11 of the National Assembly, 11th Session, Second Meeting, December 16, 2002, concerning the construction plan for the Son La Hydropower Project;

Pursuant to Decree No. 108/2006/NĐ-CP dated September 22, 2006, of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

Pursuant to Decree No. 197/2004/NĐ-CP dated December 3, 2004, of the Government on compensation, support, and resettlement when the State requisitions land;

Considering the proposal of the Minister of Finance.

DECISION:

Article 1. Issued herewith with this Decision are the Regulations on Compensation, Support, and Resettlement for the Son La Hydropower Project.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall supersede Decisions: No. 459/QĐ-TTg dated May 12, 2004, of the Prime Minister regarding the issuance of Regulations on Compensation, Relocation, and Resettlement for the Son La Hydropower Project; No. 1251/QĐ-TTg dated November 23, 2004, of the Prime Minister regarding amendments and supplements to certain provisions of the Regulations on Compensation, Relocation, and Resettlement for the Son La Hydropower Project attached to Decision No. 459/QĐ-TTg dated May 12, 2004; Clause 1, Article 2 of Decision No. 1007/QĐ-TTg dated September 22, 2005, of the Prime Minister regarding the allocation of capital for construction works serving relocation and resettlement for the Son La Hydropower Project.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Heads of relevant agencies, Chairpersons of People's Committees of the provinces: Son La, Dien Bien, Lai Chau, Chairpersons of Management Boards and General Directors of Vietnam Electricity Corporation are responsible for implementing this Decision./.

REGULATIONS

On Compensation, Support, and Resettlement for the Son La Hydropower Project

(Issued together with Decision No. 02/2007/QĐ-TTg dated January 9, 2007)

of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. Scope, Subjects, and Effective Date

1. Scope of Application: These regulations apply to compensation, support, and resettlement for the Son La Hydropower Project.

2. Subjects of Application: organizations, households, individuals, and communities affected by the State's requisition of land and damage to property during the implementation of the Son La Hydropower Project, specifically as follows:

a) Organizations, households, individuals, and community residents whose residential land, production land, and property on the land must be relocated to new locations.

b) Organizations, households, individuals, and community residents whose part of their production land and property on the land are recovered but do not need to relocate their residences.

c) Organizations, households, individuals, and community residents in the area whose production land, residential land, and property on the land are recovered during the resettlement process.

3. The effective date is the date on which this Decision takes effect.

Households whose land is requisitioned after the effective date of this Decision shall only be subject to these regulations if they are legally recognized households approved by the provincial People's Committee based on proposals from the district People's Committee and confirmation from the commune People's Committee.

 

Article 2. Definitions

In this regulation, the following terms are understood as follows:

1. The Son La Hydropower Project area refers to the flooded reservoir area and the total construction site when implementing the Son La Hydropower Project.

2. Directly affected subjects are organizations, households, and individuals suffering losses to land, housing, crops, infrastructure, public facilities, and other assets due to the implementation of the Son La Hydropower Project.

3. Indirectly affected subjects are organizations, households, and individuals affected by infrastructure and public facilities due to the implementation of the Son La Hydropower Project.

4. Resettled household is a household (including single-person households or those with two or more members) and organizations operating according to Vietnamese law, residing within the Son La Hydropower Project area and required to move to new locations.

5. Agricultural resettled household is a resettled household meeting one of the following conditions:

a) Engaging directly in agricultural, forestry, or aquaculture production;

b) Currently using agricultural land, forestry land, or land with water bodies for aquaculture.

Based on this provision and local actual conditions, the provincial People's Committee will specify further.

6. Resident household is a household residing in communes that have accepted relocated residents.

7. Place of departure is the locality within the Son La Hydropower Project area where households must relocate to the resettlement point.

8. Place of arrival is the locality accepting resettled households.

9. Concentrated resettled household is a resettled household planned to reside at a newly established settlement point.

10. Intermingled resettled household is a resettled household planned to reside intermixed with resident households within an existing settlement point.

11. Voluntary resettled household is a household voluntarily moving to a new location not in accordance with the resettlement planning.

12. Resettlement point is a residential area constructed according to planning, including: residential land, production land, specialized land, land for infrastructure and public facilities to accommodate resettled residents.

13. Resettlement area is a designated area for resettlement points, infrastructure systems, public facilities, and production areas. Within a resettlement area, there must be at least one resettlement point.

14. Resettlement region is a designated county or town area for receiving resettled residents. Within a resettlement region, there must be at least one resettlement area.

15. Total construction site area is the land area used for constructing main works, ancillary works, public facilities, worker housing areas, material quarries... serving the construction of the Son La Hydropower Project, approved by competent authorities.

Article 3. Scope of Compensation, Support, and Resettlement

1. Losses of land due to requisition from households required to relocate from the Son La Hydropower Project area, land for resettlement point construction, and related ancillary works.

2. Losses of immovable property attached to land, including: houses, structures, crops, livestock; other properties; cultural facilities: pagodas, temples, shrines, churches, family shrines...

3. Losses of land and property on land during the construction of infrastructure and public facilities at the resettlement point according to approved planning.

4. Other compensation, support, and resettlement matters shall be applied in accordance with Decree No. 197/2004/NĐ-CP dated December 3, 2004, of the Government on compensation, support, and resettlement when the State requisitions land and current relevant regulations.

Article 4. Principles of Compensation, Support, and Resettlement

1. Ensure that relocated residents have stable housing, a stable life, conditions for developing production, increasing income, gradually improving infrastructure, material and cultural living standards better than their previous residences, long-term stability, sustainability, contributing to promoting economic and social development in the Northwest region.

2. Ensure harmony between the interests of relocated residents and local residents.

3. Allocate sufficient land for production to households being relocated, prioritizing sufficient land for staple food production.

4. The compensation, support, and relocation shall be carried out democratically, transparently, fairly, in accordance with objectives, targets, and effectively.

Article 5. Sources of funds for compensation, support, and relocation

1. The sources of funds for compensation, support, and relocation of the Son La Hydropower Project are allocated from the state budget and capital of Vietnam Electricity Corporation (now Vietnam Electricity Group), determined according to Decision No. 92/QĐ-TTg dated January 15, 2004 of the Prime Minister approving investment in the Son La Hydropower Project; Decisions of the Prime Minister on approving the overall resettlement planning of the Son La Hydropower Project.

These funds are used for compensating losses of land, housing, crops, livestock, and other assets; investing in infrastructure and public works at resettlement areas; supporting and relocating, and costs for organizing compensation, support, and relocation.

2. Integrated funds from other programs, goals, and projects in the area such as: investment in transportation systems, construction of new urban areas, the project to plant five million hectares of forests, poverty reduction and employment programs, reinforcing school buildings...

3. Other lawful funds: contributions and labor efforts of residents participating in production investment, construction of infrastructure and public works. Voluntary contributions from organizations and individuals both within and outside the country investing in compensation and resettlement projects of the Son La Hydropower Project.

Chapter II

COMPENSATION AND SUPPORT FOR LAND LOSSES

Article 6. Principles of Compensation

1. Land users who are requisitioned for the implementation of the Son La Hydropower Project shall be compensated for losses either in kind or in cash.

2. New land users who have reclaimed land without registering with the state shall not be compensated for land losses but shall be supported for reclamation costs, the specific level of support being determined by the provincial People's Committee.

3. Land users who reclaimed land using state budget funds under programs and projects shall not be compensated but may receive partial support for reclamation costs if the land was granted to households or individuals for long-term use by competent authorities. The level of support is determined by the provincial People's Committee.

Article 7. Conditions for Compensation

Individuals whose land is requisitioned by the State and meet one of the following conditions shall be compensated for land losses:

1. Hold a certificate of land use rights.

2. Have a land allocation decision issued by a competent state agency.

3. Households and individuals currently using land stably, confirmed by the commune-level People's Committee (hereinafter referred to as the commune-level People's Committee) as having no disputes and holding one of the following types of documents:

a) Documents regarding the right to use land before October 15, 1993, issued by competent authorities during the implementation of land policies by the Democratic Republic of Vietnam and the Socialist Republic of Vietnam.

b) Temporary certificates of land use rights issued by competent state agencies or listed in the land registration books or land administration records.

c) Legal documents concerning inheritance, gift, or transfer of land use rights or property attached to the land; documents concerning the transfer of houses and land.

d) Documents concerning the transfer of land use rights, sale of houses attached to residential land before October 15, 1993, now confirmed by the commune-level People's Committee as land used before October 15, 1993.

đ) Documents concerning the liquidation, valuation of houses, purchase of houses attached to residential land in accordance with the law.

4. Households and individuals currently using land holding one of the types of documents stipulated in Clause 3 of this Article, where the name on the document is different from the current user, accompanied by a land use rights transfer document signed by all parties involved, but the legal procedures for transferring land use rights have not been completed by the time of the land requisition decision, now confirmed by the commune-level People's Committee as land without disputes.

5. Households and individuals currently using land with permanent residence registration in the locality and directly engaged in agriculture, forestry, aquaculture in economically disadvantaged mountainous regions, now confirmed by the commune-level People's Committee where the land is located as stable land users without disputes.

6. Households and individuals currently using land without the types of documents stipulated in Clauses 1, 2, and 3 of this Article, but the land has been used stably since before October 15, 1993, now confirmed by the commune-level People's Committee as land without disputes.

7. Households and individuals using land based on court judgments or decisions, enforcement decisions of enforcement agencies, or decisions resolving land disputes by competent state agencies that have been enforced.

8. Households and individuals using land without the types of documents stipulated in Clauses 1, 2, and 3 of this Article, but the land has been used from October 15, 1993 to the date of the land requisition decision, and at the time of use did not violate planning; did not violate protective zones around facilities approved and publicly announced by competent authorities; were not illegally occupied lands and confirmed by the commune-level People's Committee where the land is located as land without disputes.

9. Households and individuals currently using land which the state had previously managed through decisions in implementing land policies, but in reality, the state did not manage while these households and individuals continued to use it.

10. Communities currently using land with communal structures such as temples, pagodas, churches, shrines, hermitages, ancestral halls, family shrines, confirmed by the commune-level People's Committee where the land is located as communal land without disputes.

11. Organizations using land in the following cases:

a) Land granted by the State with land use fees where such fees have not originated from the State budget;

b) Land transferred from a lawful land user where the transfer payment has not originated from the State budget;

c) Land legally sourced from households or individuals.

Article 8. Cases Not Entitled to Compensation

1. The land user does not meet the conditions stipulated in Article 7 of this Regulation.

2. Organizations granted land by the State without land use fees, granted land by the State with land use fees where such fees have originated from the State budget; leased land by the State with annual rent payments; land acquired through the transfer of land use rights where the transfer payment has originated from the State budget.

3. Land subject to recovery under one of the cases specified in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article 38 of the Land Law 2003.

4. Agricultural land used by the community.

5. Agricultural land used for public purposes by communes, wards, or towns.

6. The person whose land is recovered by the State meets the conditions stipulated in Article 7 of this Regulation but falls under one of the cases specified in Clause 2, 3, 4, or 5 of this Article.

Article 9. Area and Land Value for Compensation

1. Area for compensation:

a) In cases where the land user whose land is being recovered has legal documents clearly identifying the area of land in use and meeting the conditions to be compensated for land damage, the compensation shall be calculated based on the area of land being recovered.

b) In cases where the land user meets the conditions to be compensated for land damage but the documents do not clearly identify the area of land in use, the provincial People's Committee shall determine the area of land for compensation based on the planning and land allocation limits of the locality.

2. The land value for compensation is the land value according to its intended use as prescribed and announced by the provincial People's Committee pursuant to Decree No. 188/2004/NĐ-CP dated November 16, 2004 of the Government on methods for determining land values and price ranges for various types of land; compensation will not be provided based on the land value that would be obtained if the land were to change its intended use. If at the time of the decision to recover the land, this value is not close to the actual market transfer price of land use rights under normal conditions, the provincial People's Committee shall determine a specific land value that is appropriate.

Article 10. Compensation for Damage to Land

1. Forms of Compensation:

a) Allocation of land at the resettlement site;

b) Payment in cash to households voluntarily relocating to acquire land use rights at the new location.

2. Households moving to centralized resettlement sites:

a) Households relocating to rural resettlement sites: shall be compensated for land damage by being allocated residential land, agricultural land, forestry land, aquaculture land, and specialized land (if applicable) according to the approved resettlement site plan and within the resettlement site land fund.

b) Households relocating to urban resettlement sites: shall be compensated for land damage by being allocated residential land, production land, and specialized land (if applicable) within the resettlement site land fund.

In cases where the resettlement site plan includes construction of apartment buildings, households relocating to these sites shall be compensated by being allocated apartment living space at the resettlement site.

3. Households moving to integrated resettlement sites:

For households moving to integrated resettlement sites (applicable in rural areas), they shall be compensated for land damage by being allocated residential land, production land, and other specialized land (if applicable) consistent with the integrated resettlement site land fund, but ensuring a minimum land area equivalent to the average household in the local area.

4. Handling Differences in Land Value Between Departure and Arrival Locations:

a) If the value of the allocated residential and production land is lower than the value of the land being recovered, the relocated household shall be compensated for the difference in value.

b) If the value of the allocated land is higher than the value of the land being recovered, the relocated household shall not need to pay the difference in value.

5. Voluntary Relocating Households: voluntary relocating households must submit a written application for relocation with the written consent of the People's Committee of the departure commune, the project investor, and approval by the district People's Committee; they must also obtain the written agreement of the People's Committee of the arrival commune to ensure adequate residential and production land for the relocated household, similar to the provisions for integrated relocation households under Clause 3 of this Article. If they meet the conditions stipulated in Article 7 of this Regulation, they shall be compensated for land damage in cash based on the compensation land value of each type of land being recovered to acquire land use rights at the new location.

6. Other Cases:

a) For partially submerged land: partially submerged land within the reservoir formed after the creation of a reservoir, which belongs to the communal land fund managed and used according to current laws;

b) For households not required to relocate but whose land is recovered: compensation for damage to land for households not required to relocate but whose land is recovered shall be applied according to Articles 7, 8, and 9 of this Regulation. These households may use the compensation funds to reclaim, restore, expand the area, or acquire land use rights from other households in the locality;

c) For original households whose land is recovered for the construction of a resettlement area, compensation shall be provided according to Articles 7, 8, 9, and Clause 1 of Article 10 of this Regulation.

Chapter III

COMPENSATION FOR DAMAGE TO PROPERTY

Article 11. Compensation for Damage to Housing, Ancillary Structures, and Attached Architectural Elements for Resettled Households

1. Resettled households shall be compensated for damage to housing, ancillary structures, and attached architectural elements either in cash or in building materials to construct housing, ancillary structures, and attached architectural elements at the new residence (including households that wish to dismantle their houses at the old residence and rebuild them at the resettlement site).

2. Original households whose residential land is recovered for the construction of a resettlement area and who must move their residences shall also be compensated similarly to resettled households.

3. Centralized resettlement households, integrated resettlement households, and original households whose residential land is recovered for the construction of a resettlement area and who must move their residences shall be supported in constructing housing, ancillary structures, and attached architectural elements according to Article 23 of this Regulation.

4. Voluntary resettlement households meeting the conditions stipulated in Clause 5, Article 10 of this Regulation shall be compensated for housing, ancillary structures, and attached architectural works in monetary form.

5. Housing, ancillary structures, and attached architectural works constructed on land that are not subject to compensation under Article 8 of this Regulation but were built prior to the announcement by competent state authorities regarding the overall relocation planning shall not be compensated.

The provincial People's Committee shall provide specific guidance on this regulation.

Article 12. Compensation for workers due to cessation of work

Economic organizations, production households, businesses with business registration, hiring laborers under labor contracts, who cease production and business operations when the State reclaims land shall have their workers entitled to compensation according to the cessation allowance regime prescribed in Clause 3, Article 62 of the Labor Code; the compensation recipients are workers defined in point a and point b, Clause 1, Article 27 of the Labor Code; the compensation period is the duration of cessation of production and business operations, but not exceeding six months at maximum.

Article 13. Compensation for infrastructure, public works, cultural works, historical relics

1. Public works constructed with state budget funds that suffer damage but have no need to be rebuilt at the new resettlement site shall not be compensated.

2. Compensation for damage to infrastructure and public works.

a) For villages, hamlets, urban residential clusters that do not need to be relocated or only partially relocated, if they lose all or some public works, they shall be compensated with equivalent value to construct such works;

b) For villages, hamlets, urban residential clusters that do not need to be relocated or only partially relocated, if they suffer partial or total damage to the infrastructure system, they shall be considered for investment in renovation, upgrading, or constructing new infrastructure to ensure service for production and living of the remaining community.

3. Compensation for damage to cultural works and historical relics: for cultural works, communal houses, churches, family temples, historical sites, conservation plans must be established; in cases requiring compensation, it shall be decided by the Prime Minister or the Minister of Culture, Sports and Tourism for centrally-managed works, or by the Chairman of the Provincial People's Committee for locally-managed works.

Article 14. Compensation for crops and livestock

1. Annual crops and livestock on land with water surfaces: the level of compensation for annual crops and livestock on land with water surfaces is calculated based on the harvest value of one year according to the average yield of the three previous years and the average price of similar agricultural and aquatic products at the time of compensation as specified by the Provincial People's Committee.

2. Perennial crops:

a) For crops that have not yet yielded: the compensation amount is calculated based on the total investment costs including care expenses up to the time the compensation plan is approved;

b) For crops currently yielding: the compensation amount is calculated based on the current value of the crops (excluding land value) at the time the compensation plan is approved according to the unit price set by the Provincial People's Committee.

3. Planted forests:

a) Households assigned land and self-funded forest planting: the compensation for planted forest losses is calculated based on the planted area multiplied by (x) the planting unit price plus (+) the investment costs for care and protection from planting until the time the compensation plan is approved;

b) Households planting and caring for forests for enterprises:

- Special-use forests and protective forests invested with state budget funds shall compensate for unpaid planting and care work;

- Planting, caring for, and protecting productive forests: compensation shall be provided to enterprises to repay loans and unpaid planting and care work of households. The compensation amount is determined as prescribed in point a, Clause 3 of this Article.

After receiving compensation, households continue to harvest products from the forest until a decision to reclaim the land is made.

Article 15. Compensation for damage to construction works and architectural structures for organizations

Compensation for construction works and architectural structures attached to the ground or land with water surfaces for organizations shall be based on the new investment value of the assets at the time of compensation.

Chapter IV

CONSTRUCTION OF RESIDENTIAL AREAS FOR RELOCATION

Article 16. Allocation of land for residential areas for relocation

1. Residential land:

a) Resettlement households moving to centralized rural resettlement points shall be allocated residential land ranging from 200 m² - 400 m²per household. In cases where there is sufficient land, higher allocations may be made.

Resettlement households moving to urban resettlement points shall be allocated one plot of residential land at the resettlement point; the size of the plot shall be specified by the Provincial People's Committee. If the urban resettlement point has a plan for building apartment buildings, it shall be implemented as prescribed in point b, Clause 2, Article 10 of this Regulation.

 

b) The allocation of residential land in the resettlement area shall follow the principle of maintaining appropriate distances between houses suitable for natural conditions, preserving landscapes, and protecting the ecological environment.

2. Garden land: apart from residential land, resettlement households may be considered for allocation of garden land depending on the land fund of each resettlement point (garden land should be adjacent to residential land).

3. Production land:

- Land for food crops and industrial tree plantations shall be allocated to each household from one hectare upwards. Priority shall be given to allocating paddy fields to ensure self-sufficiency in food for resettlement households after the period of food support prescribed in Clause 1, Article 25 of this Regulation ends;

- Forest land and water surface land for aquaculture shall be allocated according to the land fund of each centralized resettlement area or intermixed;

- Non-agricultural households and agricultural workforce that have been supported for vocational training and non-agricultural job conversion shall not be allocated agricultural, forestry, or water surface land for aquaculture;

- Specific land allocation levels shall be determined in the detailed resettlement point planning approved by the Provincial People's Committee.

Article 17. Construction of centralized rural resettlement areas

1. Infrastructure construction:

a) Site leveling: leveling shall be carried out to build housing according to the resettlement point housing planning.

b) Irrigation: based on specific conditions at the resettlement area, decide to construct or upgrade irrigation works according to planning to effectively exploit agricultural land. When designing the scale of the works, consider water regulation for local residents' production:

- For areas with potential water sources, study constructing or upgrading irrigation systems such as reservoirs, dams, canals, ditches, pumping stations... Canal and ditch systems (if any) must be constructed towards hardening, ensuring durability, minimal land occupation, and reduced water loss;

- For areas without conditions to build irrigation systems to exploit surface water, it is necessary to study investing in constructing underground water extraction systems and rainwater storage systems.

c) Intra-field transportation: the intra-field transportation system is planned and constructed in accordance with the overall production planning of the region;

d) Residential area transportation: the residential area transportation system is constructed in accordance with the overall relocation and resettlement planning and the general transportation planning of the locality, specifically as follows:

- Internal roads within the resettlement points are constructed according to the standard of rural road type B;

- Roads connecting resettlement points and resettlement areas to the village center roads are constructed according to the standard of rural road type A with cement-bound asphalt surface;

- Inter-village roads listed in the investment program in the overall relocation and resettlement planning for the Son La Hydropower Project approved by the Prime Minister are constructed according to the TCVN-4054 standard with technical grade 20;

- For areas along the lake where the main transportation route is waterway, ferry terminals may be considered for construction.

đ) Domestic water supply is provided according to the design standards of TCXD 33-1985 and quality criteria for domestic water.

If it is a gravity-fed water system, depending on the water source volume and topography, water supply through pipelines to each household or public water supply points serving 5-10 households may be selected.

If the resettlement area does not have centralized pipeline water supply points, every 4-5 households will be equipped with a drilled well accompanied by a hand pump and a settling tank, filtration system. If dug wells meet water quality standards, each household will be equipped with a dug well.

Each household is allowed to construct a drinking water storage tank with a capacity from 2 m³ - 5 m³ (depending on the number of people in the household and the need for drinking water storage), a courtyard for the tank, and drainage channels accompanying the tank.

e) Domestic and production electricity:

- Domestic electricity: invest in constructing power lines and substations, providing domestic electricity to each resettled household.

For public facilities: the incoming load is calculated based on the specific electricity usage needs of the facility.

For areas without national grid electricity, individual household power supply systems for resettled residents will be constructed according to the above standards.

- Production electricity: calculated based on the electricity usage needs of each resettled household.

g) Drainage and environment:

- The drainage system in the resettlement point is designed to handle both stormwater and domestic wastewater using open ditches arranged along the roads. Open ditches within the residential area are constructed.

- Sanitation facilities and livestock sheds must be isolated from residential areas and water sources as prescribed.

h) Cemeteries: new cemeteries or expansion of existing ones in the resettlement area are constructed in accordance with local planning.

2. Construction of public facilities:

a) Scale of facilities: calculated based on the population at the resettlement area including local residents. For resettlement points with fewer than 30 households and less than 1 km away from local resident points, expanding or upgrading existing facilities to meet the common needs of both resettled and local residents may be considered.

b) Structure of facilities:

- Public buildings in the resettlement area are constructed according to standard class III with structures ranging from one to two floors, brick walls, tile or flat roofs, concrete floor with broken bricks, cement plastered or tiled floors, wooden or wood-glass, aluminum-glass doors;

- Public building construction must include appropriate auxiliary facilities according to the scale of the main facility, including: office for teachers (if needed), boarding school for students for junior high and high schools, parking garage, guard house, toilet, water supply and drainage system, gate, fence, flagpole.

c) Equipment: internal equipment is installed according to the specific design of each facility and uses domestically produced equipment;

d) Construction of facilities:

- Kindergarten: kindergartens are constructed according to the design standard "Kindergarten" TCVN 3907-1984. Kindergarten classes are designed for full-day childcare. If the number of children in the age range at the resettlement point is less than the size of one class, a combined kindergarten class will also be built at that residential point according to the aforementioned standard;

- Primary school classrooms: the number of primary school classrooms is designed for full-day student attendance. For small residential areas with 15 households or more located separately, if the number of students is insufficient to form a class, a classroom will still be built according to the construction standard for secondary school classrooms.

If there is already a school at the destination location capable of accommodating the resettlement point's students, a separate classroom for the resettlement point will not be built; it may be considered to support part of the cost for expanding or upgrading that school if deemed necessary. The support cost for expanding or upgrading the school should not exceed the cost of building a new classroom at the resettlement point.

 

- Junior high school classrooms: the number of classrooms is designed for full-day student attendance. For resettlement areas with more than five classes of students, a new school will be invested in and constructed at the resettlement site according to the design standard "High School" TCVN 3978-1984.

For resettlement points with fewer than 5 classes of students, they shall be arranged to study at centralized schools in the commune or village where they reside. These schools will be supported with funds for expansion or upgrading if deemed necessary. The expansion costs shall not exceed the construction cost of new schools at the resettlement point based on the scale of students at the resettlement point. The construction scale is as follows:

Scale of 1 class: 1 classroom, 1 auxiliary room

Scale of 2 classes: 2 classrooms, 1 auxiliary room

Scale of 3 classes: 3 classrooms, 2 auxiliary rooms

Scale of 4 classes: 4 classrooms, 2 auxiliary rooms

Classroom area from 55 m² - 60 m² usable, auxiliary room area from 20 m² - 25 m² usable.

- Secondary school level class: If there are enough students as stipulated, the class can be constructed according to the standards for junior high school;

- Health station in resettlement area: For resettlement areas that function as commune centers and do not have a health station meeting the standard, a health station will be invested in and constructed according to the design standard "Planning Construction of Rural Residential Areas" TCVN 4454-1987. Special medical equipment for the health station will be invested according to the national health sector standards.

For independent resettlement areas that are not commune centers, a medicine cabinet will be invested according to the population size and one healthcare worker will be trained. The usual cost of the medicine cabinet is calculated at 200,000 VND per household, divided over two years.

- Cultural house: Resettlement points with more than 30 households will be invested in building one cultural house for the village or community according to the following scale:

From 30 - 50 households: 60 m² usable; above 50 households: 100 m² usable.

Equipment for the cultural house includes lighting, ceiling fans (1 - 2 units), tables and chairs, 1 television, 1 sound system, and speakers suitable for the scale and actual conditions of the locality.

- Sports field: For independent resettlement areas that are not commune centers and have 50 households or more, if there is available land, it should be arranged for a sports field. The sports field may be located within the cultural house premises or outside. The investment cost for the sports field is the cost of leveling the ground.

- Market place: Resettlement areas with 100 households or more and located within 3 km - 5 km of another residential point without a market shall be allocated land for a market place. The investment cost for the market place is the cost of leveling the ground.

Article 18. Urban resettlement area construction

1. The construction of housing for relocated households, infrastructure, public works in concentrated urban resettlement areas, and office premises for organizations (including military unit bases) shall be carried out according to the overall urban planning and detailed resettlement area planning approved by competent authorities.

2. The construction of works specified in Clause 1 of this Article must establish separate investment projects according to current national standards, norms, procedures, and regulations, and manage and implement these investment projects in accordance with relevant provisions.

3. Management and utilization of urban resettlement construction capital.

a) Resettlement capital includes:

- Compensation money for damage to office premises and attached facilities of organizations according to the value of newly invested assets at the time of compensation;

- Compensation money for damage to infrastructure according to the scale and technical standards at the old location at the time of compensation;

- Compensation money for public works according to current technical standards;

- Land leveling costs for constructing urban resettlement points;

- Compensation and support money for housing construction for relocated households (as stipulated in Articles 11 and 23 of this Regulation).

b) The investor is permitted to advance resettlement capital as provided in Point a, Clause 3 of this Article (excluding compensation and support money for housing construction for relocated households) to build essential works related to receiving relocated households in urban resettlement areas and consistent with the relocation schedule;

c) Implementation of integrated funding for urban resettlement area construction: Provincial People's Committees must prioritize using budget funds as prescribed by the State Budget Law and funds stipulated in Article 5 of this Regulation to invest in comprehensive and final completion of works in urban resettlement areas.

Provincial People's Committees shall specify the management and utilization of the capital as provided in Clause 3 of this Article.

Article 19. Infrastructure and public works construction in mixed resettlement areas

Communes voluntarily accepting relocated residents to live interspersed among their communities shall be supported with funds to improve, expand, and upgrade communal public works and infrastructure due to increased population. The level of support is 25 million VND per legally relocated resident. Provincial People's Committees shall specify this further.

Article 20. Housing, ancillary structures, and architectural features accompanying houses in resettlement areas (referred to as housing construction).

1. Housing construction in resettlement areas must follow the detailed resettlement planning approved by competent authorities.

2. Households using compensation money for housing, ancillary structures, and architectural features accompanying houses at the old location as stipulated in Article 11 of this Regulation and support money as stipulated in Article 23 of this Regulation to construct housing.

3. Households decide on the form of housing construction themselves.

4. The value of self-built housing by households does not require payment of construction taxes.

The provincial People's Committee shall provide specific guidance on this regulation.

Article 21. Management and handover of resettlement areas

All public works and infrastructure constructed in resettlement areas shall be handed over to organizations and localities for self-management and use according to current regulations.

Article 22. Other provisions

Relocated households shall be allocated land, issued Land Use Right Certificates, ownership certificates for houses, and shall perform other rights and obligations as prescribed by law.

Chapter V

RESettLEMENT SUPPORT

Article 23. Support for housing construction, ancillary structures, and architectural features accompanying houses in resettlement areas

1. Concentrated relocated households, interspersed relocated households, and households whose residential land was expropriated for resettlement area construction, in addition to the compensation money received for housing, ancillary structures, and architectural features accompanying houses at the old location as stipulated in Article 11 of this Regulation, shall also receive support money for housing construction as follows:

a) A household with 1 person shall receive support equivalent to 15 m² floor space;

b) Households with multiple people, each additional person from the second onwards shall receive support equivalent to 5 m² floor space.

2. Structure of the house for calculating support level: brick wall 110 mm thick, tiled roof or sheet roofing, ceramic tile flooring, wooden doors or wood-glass or aluminum-glass combination, reinforced concrete west porch. Interior structures using Class 4 timber or equivalent materials.

3. Unit price for calculating support shall be based on the construction unit price stipulated by the Provincial People's Committee at the time of construction.

Article 24. Support for relocation

1. Households subject to resettlement shall be supported with costs for relocating people, assets, removable components that can be reinstalled, reusable materials from houses, ancillary structures, architectural elements accompanying houses, and public works.

a) Forms of support:

- Renting transportation means;

- Paying money for households to rent transportation means themselves or transport their own belongings.

b) Support for constructing temporary roads for relocation:

- For areas within the flooded lake basin where manual or vehicle relocation is not possible: leveling, excavation, and embankment work will be carried out to create roadbeds for certain sections serving the relocation of people from the assembly point to the destination with existing traffic routes. Investment in temporary roads shall comply with current regulations;

- In cases where relocated households have the conditions to relocate themselves and voluntarily transport assets and people safely, they will be supported with funds for self-relocation and no temporary roads for relocation will be constructed.

c) Support for households subject to resettlement encountering risks during relocation:

- If seriously injured and treated at district or provincial health facilities: a one-time support of VND 500,000 to 1,000,000 per person;

- If unfortunately deceased: a one-time support of VND 1 million to 2 million per person.

The Provincial People's Committee shall guide households to commit to ensuring safety when transporting people and assets themselves and specify the specific cases and levels of support.

The owners of vehicles participating in the transportation of people and assets of households subject to resettlement must purchase insurance according to current regulations.

2. For voluntary resettlement households: the level of support includes expenses for obtaining confirmation at the new location and relocation expenses:

a) Expenses for obtaining confirmation at the new location include travel expenses for train or bus tickets (one round trip), food, and accommodation expenses;

b) Level of support for voluntary resettlement households:

- Relocation within the province: support is provided in the form of rental truck fees with a carrying capacity of 5 tons from the departure point to the new residence; for households with one person, it is calculated for one trip, and for households with two or more persons, it is calculated for two trips;

- Relocation outside the province: the level of support for relocation is determined based on the distance traveled, with a maximum support level: relocation to provinces in the Northern region is VND 4 million per household, relocation to provinces in the Central region is VND 5 million per household, and relocation to provinces in the Southern region is VND 6 million per household.

Specific levels of support are stipulated by the Provincial People's Committee.

3. Support for relocation for organizations: support is provided according to the relocation budget approved by the competent authority.

4. Support for relocating graves: support is provided for relocating graves of individuals within the relocation area, including costs such as excavation, relocation to the new site, land-related costs, reconstruction, and other costs according to the customs and traditions of each ethnic group at the time of relocation. Specific levels of support are stipulated by the Provincial People's Committee.

Article 25. Support for living

1. Food support:

a) Each legal member of a resettlement household receives food support equivalent to VND 20 kg of rice per person per month for two years;

b) Households that do not need to relocate but lose agricultural land if newly allocated land is given, depending on the area of land reclaimed, each legal member of the household receives food support in cash. The Provincial People's Committee bases the specific level and duration of support on the area of reclaimed land. The maximum level of support does not exceed VND 20 kg of rice per person per month for a period not exceeding two years (for households losing 100% of agricultural land).

The price of rice is calculated based on the average price of white rice in the locality at the time of support.

2. Health support: resettlement households receive health support to prevent and control diseases at the new residence, with a support level of VND 100,000 per household (one-time payment).

3. Education support: students from primary to secondary school in resettlement households receive one set of textbooks according to the state-prescribed prices.

4. Support for electricity usage: resettlement households receive support for electricity or lamp oil usage (in places without electricity) for the first year, starting from the day of moving to the new residence. The support level is VND 10,000 per person per month.

5. Fuel support: in resettlement areas facing difficulties with fuel, support for fuel is provided for the first year; the support level is VND 20,000 per person per month.

6. Civil servants, workers, employees, military personnel, and monthly pension recipients currently residing together with their families in the relocation area are supported once with VND 500,000 per person after arriving at the new residence. The Provincial People's Committee specifies this in detail.

Article 26. Production support

1. For resettled households:

a) Conditions:

- Resettlement in accordance with the approved planning;

- Allocation of production land;

- Having an effective production plan ensuring a stable life at the resettlement site, consistent with local production planning, approved by the competent authority at the district level;

- Commitment to use support funds for their intended purpose.

b) Level of support: resettlement households are supported with funds for purchasing crop seeds, fertilizers, and plant protection chemicals for annual and perennial crops and livestock breeding. The support level is as follows:

- A household with one person receives VND 5 million in support;

- For households with multiple members, each additional person receives VND 2 million in support from the second person onwards.

c) Method of support: support is provided according to the progress of implementing the approved production plan;

d) Support for agricultural, forestry, and fisheries extension programs, including training and technology transfer; the support level is based on the approved budget and implemented through direct payment by the project sponsor to the implementing entity;

đ) In cases where clearing land is required to ensure sufficient production land (as per the approved planning) for resettlement households, support is provided up to VND 7.5 million per hectare actually cleared. The Provincial People's Committee specifies this in detail.

2. Households that do not need to relocate but lose production land, and households whose production land is confiscated are supported according to the area of lost production land. The support level is VND 1,000 per square meter of reclaimed land.² land to be reclaimed.

3. Economic organizations in the resettlement area shall be exempted or granted reductions on land rent and water surface rent in accordance with the provisions of Government Decree No. 142/2005/NĐ-CP dated November 14, 2005 on land rent and water surface rent.

Article 27. Support for training costs, occupational transition, and purchasing labor tools

1. Agricultural workers who, after resettlement, switch to non-agricultural occupations shall be supported with training and occupational transition costs under the condition that they are legitimate resettled population and have submitted an application (confirmed by the People's Committee of the commune and the Project Management Board).

2. Agricultural workers who, after resettlement, switch to non-agricultural occupations shall be supported with costs for purchasing new labor tools up to a maximum of five million dong per worker (one-time support).

The Provincial People's Committee shall specify the level of support provided for this Article.

Article 28. Support for policy families

Households with members receiving social allowances from the State according to Government Decree No. 07/2000/NĐ-CP dated March 9, 2000 must be relocated and shall be supported once with one million dong per recipient of social allowance.

Article 29. Support for voluntary resettlement households

The Provincial People's Committee shall specify the level of support for voluntary resettlement households based on Articles 23, 24, 25, 26, 27, 28, and Article 31 of Chapter V of this Regulation.

Article 30. Support for villages affected when implementing the Son La Hydropower Project

1. Villages that do not need to move or only partially move, suffering partial or total damage to infrastructure and public works, shall be considered for investment support to improve, upgrade, or construct anew to ensure service for production and living conditions. The Provincial People's Committee shall decide on the reasonable level of investment within the total investment capital allocated to the locality and shall be responsible for its decision.

2. Investment support for opening up, restoring, and expanding agricultural land to increase compensation land for households losing agricultural land. The investment support for opening up land shall not exceed seven million five hundred thousand dong per hectare actually opened. The Provincial People's Committee shall specify specific cases requiring land opening and restoration and set the level of restoration support.

Article 31. Other support

1. Training cost support for grassroots cadres for the resettlement community not exceeding three million dong per person (one-time support) through the method of the project investor paying the state organization conducting the training.

2. Support for land management file adjustment costs:

a) For resettled households: the support level shall not exceed five hundred thousand dong per household;

b) For local households ceding land and households not required to move but losing agricultural land: the support level shall not exceed three hundred thousand dong per household;

Implemented through the method of the project investor paying the competent authority managing land.

3. Support for relocation procedures and moving into new homes: the support amount is three hundred thousand dong per household (one-time support).

4. Households with fishing boats or passenger boats on rivers and lakes at their former residence, upon relocating to a place without rivers or lakes where they cannot fish or use boats, shall be supported with thirty percent of the new value of the boat.

5. Encouragement support for timely relocation: households relocating according to the announced plan and schedule of the Compensation Council shall be rewarded with a maximum of five million dong per household (one-time reward). The Provincial People's Committee shall specify this.

6. Six months' salary or subsistence allowance support for Party and government officials, mass organizations' staff currently receiving salary or subsistence allowance from the State at the place of departure, when transferring to the resettlement site and no longer holding such positions. The support level shall be equivalent to the monthly salary or subsistence allowance that these officials were receiving at the place of departure.

7. Support for administrative boundary adjustment expenses for communes required to adjust their boundaries due to the implementation of the Son La Hydropower Project resettlement. The Provincial People's Committee shall specify this.

Chapter VI

IMPLEMENTATION

Article 32. Organization of compensation for losses

1. Districts with people required to move shall establish a Compensation Council for Relocation chaired by the Chairman or Vice-Chairman of the District People's Committee.

 

The composition of the Council and the tasks of the Council shall be implemented in accordance with the provisions of Government Decree No. 197/2004/NĐ-CP dated December 3, 2004.

2. Districts receiving relocated people: depending on the scale of accepting relocated people (including interwoven relocation), the Provincial People's Committee shall decide on establishing a Project Management Board for Resettlement at the district level under the Project Management Board for Compensation and Relocation at the provincial level or directly under the District People's Committee to manage the resettlement project locally. Based on the specific situation of the district, the District People's Committee shall establish a Commune-level Resettlement Board.

3. Procedures for compensation, responsibilities of departments and levels of the province in the establishment, review, and approval of compensation plans for relocation and resettlement shall be carried out in accordance with current regulations.

Based on specific circumstances, the Chairman of the Provincial People's Committee may delegate the Chairman of the District People's Committee to approve the compensation plan.

Article 33. Responsibilities of the Provincial People's Committee

1. The People's Committees of provinces: Son La, Dien Bien, Lai Chau shall be responsible for guiding and organizing the implementation of compensation, support, and construction of resettlement areas in accordance with this Regulation. Based on the content of this Regulation and the conditions of the locality, they shall specify detailed contents within their jurisdiction and be responsible for their decisions. The construction of resettlement areas must be carried out in accordance with approved planning and investment projects by competent authorities.

2. Develop annual compensation and relocation plans for each province to submit to the Prime Minister for approval and organize the implementation of assigned plans.

3. Organize propaganda and mobilization to ensure strict compliance with this Regulation to implement the Son La Hydropower Project on schedule.

Article 34. Responsibilities of Ministries and sectors

1. The Ministry of Planning and Investment:

- Take the lead and coordinate with relevant ministries and sectors to review the overall relocation and resettlement planning for the Son La Hydropower Project to submit to the Prime Minister for approval in accordance with current regulations;

- Take the lead in compiling and balancing investment capital plans for compensation, relocation, and resettlement in accordance with progress, and submit them to the competent authority for approval in accordance with the State Budget Law.

- Take the lead and coordinate with relevant ministries and sectors based on the proposal of the People's Committees of Son La, Dien Bien, and Lai Chau provinces to balance and allocate sufficient investment capital for constructing cities and projects within the Son La Hydropower Project area that are not funded by the project's resettlement funds but directly serve relocation and resettlement in these provinces, and submit it to the Prime Minister for decision.

The allocation of investment capital for construction must be consistent with the annual relocation and resettlement progress of each province.

- Study and propose policies to encourage investment and economic development in the Son La Hydropower Project resettlement area, and policies to encourage businesses from various economic components to invest in production development in the resettlement area;

- Guide and inspect the supervision and evaluation of investment during the implementation of the project.

2. Ministry of Finance:

- Coordinate with the Ministry of Planning and Investment in balancing and ensuring investment capital and guiding and inspecting the issuance of investment capital during the project implementation process;

- Take the lead in managing, issuing, and settling compensation, relocation, and resettlement funds. Uniformly manage state budget funds and Vietnam Electricity Corporation funds;

- Participate in providing opinions with the People's Committees of Son La, Dien Bien, and Lai Chau provinces regarding the issuance of specific compensation, support, and resettlement policies of the provinces; organize inspections of the implementation of compensation, support, and resettlement policies for the Son La Hydropower Project.

3. Ministry of Construction: guide and inspect the planning of rural residential areas and urban zones; planning of housing construction and new rural construction; standards, norms, and budgets for construction projects in the resettlement area.

4. Ministry of Agriculture and Rural Development:

- Direct planning and plans for compensation, relocation, and resettlement;

- Direct planning, guide provinces in arranging agricultural and forestry production linked with processing and consumption of products in the resettlement area;

- Develop mechanisms, policies, standards, and norms to develop agricultural and forestry production in the resettlement area;

- Inspect, urge, and guide the implementation of compensation, relocation, and resettlement under the Son La Hydropower Project.

5. Ministry of Industry:

- Develop industrial development planning, small and medium-sized industry planning linked with agricultural, forestry, and fishery production in the resettlement area;

- Participate in directing the overall relocation and resettlement schedule compatible with the overall construction schedule of the Son La Hydropower Project.

6. Committee for Ethnic Minorities: take the lead and coordinate with ministries, sectors, and localities to inspect the implementation of ethnic minority policies in the resettlement area, promote and mobilize ethnic groups to implement well the policies of the Party and State; participate in providing opinions on resettlement planning compatible with the Party and State's policies on ethnic affairs.

7. Ministry of Natural Resources and Environment: take the lead and coordinate with ministries, sectors, and localities to inspect the implementation of policies on land planning and use, natural resources, minerals, and water resources; participate in providing opinions on resettlement planning compatible with the State's policies on land, natural resources, and environment.

8. Vietnam Electricity Corporation:

- Coordinate with the People's Committees of Son La, Dien Bien, and Lai Chau provinces in developing comprehensive project planning and compensation, relocation, and resettlement plans;

- Ensure adequate and timely funding for compensation, relocation, and resettlement work;

- Inform the People's Committees of Son La, Dien Bien, and Lai Chau provinces about the construction progress of the Son La Hydropower Project.

Article 35. Responsibilities of organizations, households, and individuals whose land is expropriated

Organizations, households, and individuals subject to compensation, relocation, and resettlement under the Son La Hydropower Project shall strictly comply with this Regulation; participate in supervising the implementation of compensation, support, and resettlement work.

Article 36. Amending and supplementing this Regulation

During the implementation of this Regulation, if there are contents requiring amendment and supplementation, the People's Committees of Son La, Dien Bien, and Lai Chau provinces shall propose, entrusting the Ministry of Finance to take the lead and coordinate with relevant ministries and sectors to compile and submit to the Prime Minister for decision./.