This Decision amends and supplements some articles of Decision No. 64/2014/QD-TTg on special policies for relocation and resettlement of hydropower and irrigation projects. The document provides more detailed provisions regarding the content of resettlement planning, compensation for land for resettled households, and support for temporary roads to move people and assets.
适用范围
People affected by hydropower and irrigation projects; Provincial People's Committees under the central government; Ministry of Agriculture and Rural Development; Ministry of Industry and Trade
要点
- Resettled households moving to centralized rural resettlement sites shall be compensated for land by being allocated land with the same purpose of use as the land expropriated (Article 5).
- The content of resettlement planning must meet requirements for residential land, production land, water for daily use, and sustainable development (Article 4).
- Support for the construction of temporary roads to move people and assets when located in areas flooded by reservoirs that cannot be moved manually or by other transportation means (Article 8).
- Funds from other legitimate sources within the area shall be supplemented into Article 17.
- The establishment, review, approval, and implementation of Investment Projects to stabilize the livelihood and production of people after resettlement must comply with the provisions of the Law on Public Investment (Article 18).
🌐 本文件的社会影响
- Enhance the effectiveness of compensation and support for resettlement for people affected by hydropower and irrigation projects.
- Reduce costs and time for moving household assets when supported with temporary roads.
- Ensure sustainable development in resettlement areas.
- Increase supervision responsibilities for the implementation of policies from the Ministry of Agriculture and Rural Development.
❓ 常见问题
How are resettled households compensated for land?
Resettled households moving to centralized rural resettlement sites shall be compensated for land by being allocated land with the same purpose of use as the land expropriated (Article 5).
What requirements must the content of resettlement planning meet?
The content of resettlement planning must meet requirements for residential land, production land, water for daily use, and sustainable development (Article 4).
Is there support for the construction of temporary roads to move people and assets?
Support for the construction of temporary roads when located in areas flooded by reservoirs that cannot be moved manually or by other transportation means (Article 8).
How are funds from other legitimate sources defined?
Supplement Clause 3 of Article 17 regarding the use of funds from other legitimate sources within the area.
What is the process for establishing and reviewing Investment Projects to stabilize the livelihood and production of people after resettlement?
The establishment, review, approval, and implementation of Investment Projects to stabilize the livelihood and production of people after resettlement of hydropower and irrigation projects must comply with the provisions of the Law on Public Investment (Article 18).
全文
Pursuant to …;
Amending and supplementing certain articles of Decision No. 64/2014/QĐ-TTg
dated November 18, 2014 of the Prime Minister on special policies for relocation and resettlement of hydropower and irrigation projects
specific to resettlement for hydropower and irrigation projects
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Land dated November 29, 2013;
Pursuant to the Law on Public Investment dated June 18, 2014;
Pursuant to the Construction Law dated June 18, 2014;
Pursuant to the Planning Law dated November 24, 2017;
Pursuant to Resolution No. 62/2013/QH13 dated November 27, 2013 of the National Assembly on strengthening management of planning, construction, and operation of hydropower projects;toPursuant to Decree No. 136/2015/NĐ-CP dated December 31, 2015 of the Government guiding the implementation of certain provisions of the Law on Public Investment;
Pursuant to Decree No. 47/2014/NĐ-CP dated May 15, 2014 of the Government on compensation, support, and relocation when the State acquires land;
Pursuant to Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain Decrees detailing the implementation of the Land Law;
The Prime Minister promulgates this Decision to amend and supplement certain articles of Decision No. 64/2014/QĐ-TTg dated November 18, 2014 of the Prime Minister on issuing special policies for relocation and resettlement of hydropower and irrigation projects.
At the proposal of the Minister of Agriculture and Rural Development;
Amending and supplementing certain articles of Decision No. 64/2014/QĐ-TTg dated November 18, 2014 of the Prime Minister on issuing special policies for relocation and resettlement of hydropower and irrigation projects.June 2024;Resettlement for hydropower and irrigation projects.
Article 1. Article 4. Content on resettlement planning
1. Clause 4 shall be amended and supplemented as follows:
The content on resettlement planning shall be implemented in accordance with the provisions of the Construction Law, the Planning Law, and other relevant laws currently in force to meet requirements for residential land, production land, water for production and daily use, and infrastructure facilities; ensuring compatibility with the customs and traditions of each ethnic group in each region and locality, and sustainable development.
The content of the resettlement planning shall be implemented in accordance with the provisions of the Construction Law, the Planning Law, and other relevant current laws to meet the requirements for residential land, production land, water for production and daily life, and infrastructure works; ensuring compatibility with the customs and traditions of each ethnic group in each region and locality, and sustainable development.”
2. Clause 1 of Article 5 shall be amended and supplemented as follows:
Clause 1 of Article 8 is amended and supplemented as follows:
"1. Households relocated to centralized rural resettlement sites shall be compensated for land (residential land, production land) through the allocation of land with the same purpose of use as the land expropriated according to the resettlement plan stipulated in Article 4 of this Decision."
“1. For areas within the reservoir inundation zone that cannot be relocated manually or by other means of transportation, temporary roads shall be supported to facilitate the movement of people and property. Technical standards and design scales for temporary roads and works along the route shall be applied according to Class VI roads in TCVN 4054-2005.”
"3. Legal capital from other sources within the area."
5. Article 18 is amended and supplemented as follows:
Article 18. Preparation and Implementation of Projects to Stabilize Livelihoods and Production for People After Resettlement
The preparation, review, approval, and implementation of projects to stabilize livelihoods and production for people after resettlement of hydropower and irrigation projects shall be carried out in accordance with the provisions of the Public Investment Law and other relevant laws currently in force.
6. Clause 1 and Clause 4 of Article 19 are amended and supplemented as follows:
Clause 1 and Clause 4 of Article 19 are amended and supplemented as follows:
"1. Ministry of Agriculture and Rural Development:
a) To compile medium-term and annual plans submitted by provincial People's Committees to the Ministry of Planning and Investment and the Ministry of Finance in accordance with the Public Investment Law and the State Budget Law;
b) To take the lead in organizing and coordinating with ministries, sectors, and localities to regularly inspect and supervise the implementation of projects under this Decision; to organize annual evaluations of the implementation results of this Decision and report to the Prime Minister; to identify existing issues, difficulties, and obstacles during the implementation process and submit them to the Prime Minister for consideration and decision.
Article 2. Effective Date
4. Ministry of Industry and Trade: To inspect the development of industry and small-scale handicrafts linked to agricultural and forestry product processing in the project areas in accordance with current laws."
This Decision takes effect from March 20, 2019. Abolishing Clause 1 of Article 21 of Decision No. 64/2014/QĐ-TTg dated November 18, 2014 of
Article 3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decision.
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