Decision No. 08/2007/QĐ-TTg Approves the Overall Resettlement Plan for the Tuyên Quang Hydropower Project

Pursuant to …;

Approving the Overall Resettlement Plan for Relocating People Affected by the Tuyen Quang Hydropower Project

Tuyen Quang Hydropower Project

PRIME MINISTER

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

Based on the Land Law dated November 26, 2003;

Pursuant to Resolution No. 75/2006/QH11 of the 11th National Assembly, 10th Session;

Pursuant to Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on Compensation and Resettlement when Land is Reclaimed by the State;

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. 16/2005/NĐ-CP dated February 7, 2005 of the Government on Management of Investment Construction Projects; and Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP;

Pursuant to Decision No. 288/QĐ-TTg dated April 19, 2002 of the Prime Minister approving investment in the Tuyen Quang Hydropower Project;

Pursuant to Decision No. 937/QĐ-TTg dated August 20, 2003 of the Prime Minister promulgating temporary regulations on compensation and resettlement for the Tuyen Quang Hydropower Project;

Considering the proposal of the Ministry of Planning and Investment (Letter No. 6077/BKH-KTNN dated September 8, 2005 and Letter No. 19/BKH-KTNN dated January 3, 2006); Vietnam Electricity Corporation (Proposal No. 5571/TTr-EVN-QLXD-KTDT dated October 26, 2005) and the opinions of the People's Committees of Tuyen Quang, Ha Giang, Bac Kan provinces.

DECISION:

Article 1Approves the Overall Resettlement Plan for Relocating People Affected by the Tuyen Quang Hydropower Project as follows:

1. Objectives, Tasks, and Requirements for Relocating People and Resettling Affected by the Tuyen Quang Hydropower Project.

a) Objectives:

Relocating people and resettling affected by the Tuyen Quang Hydropower Project must create conditions for relocated people to have a better life than their previous residence, based on exploiting potential resources and labor, gradually changing economic structures, developing production, increasing income, and improving material and spiritual living standards, contributing to the industrialization and modernization of agriculture and rural areas, maintaining political stability, national defense, security, and environmental protection in the Northeast region.

b) Tasks: By 2007, complete compensation, relocation, and resettlement of households and individuals who are relocatable; compensate and rebuild infrastructure and architectural-cultural-social facilities of organizations and units within the construction site and the flooded area of the Tuyen Quang Hydropower Project reservoir.

c) Requirements:

- The work of relocation and resettlement must be closely coordinated among all levels, sectors, and mass organizations to implement according to the principle: The central government sets and guides general mechanisms and policies, while provinces concretize and implement them.

- In-province and intra-provincial resettlement should be the main form, implementing various forms of resettlement such as rural concentrated resettlement, urban resettlement, intermixed resettlement, and voluntary relocation, suitable with production conditions, customs, traditions, and wishes of ethnic groups both at the place of departure and arrival. Encourage people to move their old houses themselves and build new homes at the resettlement sites according to planning, and encourage intermixed resettlement. Relocation and resettlement should prioritize preserving and promoting cultural identity and fostering unity between resettled people and local residents.

- Prioritize integrated funding from other investment programs and projects in the area (transportation, irrigation, electricity, new urban development, etc.) with the relocation and resettlement project to build a comprehensive infrastructure system in resettlement areas.

2. Resettlement Planning Scheme

a) Regarding losses and population to be relocated by 2006:

- Total submerged and reclaimed land area is 6,815 hectares, including: agricultural land 6,187 hectares; non-agricultural land 259 hectares; unused land 369 hectares.

- Total value of losses due to land, property, and infrastructure is approximately 643,869 million VND, including: land loss value 118,835 million VND; property loss value of organizations, households, and individuals 216,039 million VND; infrastructure loss value 308,995 million VND.

- Estimated number of people to be relocated by 2006 (including natural population increase) is 4,821 households, with 23,630 individuals (Tuyen Quang Province 4,139 households, 20,138 individuals; Ha Giang Province 624 households, 3,172 individuals; Bac Kan Province 58 households, 320 individuals) belonging to three affected districts (one district each in Tuyen Quang, Ha Giang, and Bac Kan Provinces).

- Number of people resettled at resettlement sites is 4,310 households, 21,163 individuals, including: Tuyen Quang Province 4,099 households, 19,980 individuals; Ha Giang Province 153 households, 863 individuals; Bac Kan Province 58 households, 320 individuals. Number of households resettled through voluntary relocation is 511 households, 2,467 individuals, including: Tuyen Quang Province 40 households, 158 individuals; Ha Giang Province 471 households, 2,309 individuals.

b) Scheme for Creating Resettlement Sites: The resettlement site fund is mainly formed from land reclamation expansion, land transfer between local residents and relocated people, and allocation from unused public land.

Land area allocated to relocated households: Agricultural relocated households receive 200 m² - 400 m²per household; non-agricultural relocated households receive 150 m² - 200 m²per household.

Agricultural production land area allocated to relocated households depends on the land fund of each resettlement area, specifically detailed in Point c Clause 2 of this Article.

c) Resettlement Arrangement Scheme:

Tuyen Quang Province: Within Tuyen Quang Province, there are four resettlement areas (in four districts: Na Hang, Chiem Hoa, Ham Yen, Yen Son), thirty-six resettlement zones (in thirty-six communes), one hundred twenty-five resettlement points, accommodating 4,099 households, 19,980 individuals (non-agricultural households 357 households, 1,312 individuals; agricultural households 3,742 households, 18,668 individuals), planned as follows:

- Resettlement area of Na Hang district: includes 8 zones, 31 resettlement points, arranged to receive 1,396 households (including 357 non-agricultural households and 1,039 agricultural households). The production orientation for non-agricultural households mainly focuses on industrial production and services. For agricultural households, it is planting food crops (rice, corn), vegetables (cabbage, turnip, potato...); short-term industrial crops (peanut, soybean), fruit trees (lychee, longan...); growing raw material forests; raising large livestock, breeding pigs, goats, fish, bees... Each agricultural resettlement household is allocated an average of 400 - 500 m² of land for two rice crops or 200 - 300 m²² of land for two rice crops and 200 - 300 m²² of land for rice and vegetable crops; approximately 500 - 600 m²² of land for vegetable crops. In addition, depending on the conditions of each commune, each household may be allocated an additional 0.5 hectares of land for growing productive forests.² - Resettlement area of Chiem Hoa district: includes 10 zones, 33 resettlement points, arranged to receive 807 agricultural resettlement households.

- Resettlement area of Ham Yen district: includes 4 zones, 28 resettlement points, arranged to receive 481 agricultural resettlement households.

Production orientation in the resettlement areas of Chiem Hoa and Ham Yen districts is planting food crops (rice, corn), vegetables (potato...); short-term industrial crops (peanut, soybean), fruit trees (orange, tangerine...); growing raw material forests; raising large livestock, breeding pigs, goats, fish, bees... Each agricultural resettlement household is allocated an average of 400 - 500 m²

of land for two rice crops. In addition, depending on the conditions of each commune, each household may be allocated an additional 0.5 hectares of land for growing productive forests.² - Resettlement area of Yen Son district: includes 14 zones, 33 resettlement points, arranged to receive 1,415 agricultural resettlement households. The production orientation is planting food crops (rice, corn), vegetables (potato...); short-term industrial crops (peanut, soybean), fruit trees (lychee, longan...); growing raw material forests; raising large livestock, breeding pigs, goats, fish, bees... Each agricultural resettlement household is allocated an average of 400 - 500 m²

of land for rice and vegetable crops or 100 - 200 m²² of land for two rice crops and 200 - 300 m²² of land for rice and vegetable crops; approximately 500 - 600 m²² of land for two rice crops and 800 - 1100 m²² Province of Ha Giang:² - Resettlement area of Chiem Hoa district: includes 10 zones, 33 resettlement points, arranged to receive 807 agricultural resettlement households.

In Ha Giang province, two resettlement zones are arranged in Bac Me district (belonging to two communes), six resettlement points, arranged to receive 153 agricultural resettlement households. The production orientation is planting food crops (rice, corn), vegetables (cabbage, turnip, potato...); short-term industrial crops (peanut, soybean), fruit trees (lychee, longan...); raising large livestock, breeding pigs, goats, fish, bees... Each agricultural resettlement household is allocated an average of 400 - 500 m² of land for two rice crops or 700 - 800 m²² of land for rice and vegetable crops.² Province of Bac Kan:

In Bac Kan province, one resettlement point is arranged in Ba Be district, arranged to receive 58 agricultural resettlement households. The production orientation is planting food crops (rice, corn), vegetables (cabbage, turnip, potato...); short-term industrial crops (peanut, soybean); fruit trees (lychee, longan...); raising large livestock, breeding pigs, goats, fish, bees... Each agricultural resettlement household is allocated an average of 400 - 500 m² of land for two rice crops.² In addition to the agricultural land allocated to resettlement households as mentioned above, the People's Committees of Tuyen Quang, Ha Giang, and Bac Kan provinces shall allocate additional agricultural and forestry land based on the specific land fund of each resettlement zone and point.

d) Progress of relocation and resettlement: must meet the progress of reservoir water level rise; the planned progress for each year is as follows:

Total population to be relocated

a) Total investment amount: 2,300 billion VND, including:

- Compensation and resettlement for households in the reservoir area and construction site: 1,707.150 billion VND.

- Restoration of the lake perimeter: 468.028 billion VND.

- Other investment items (determine flood avoidance boundary, lake sanitation, etc.): 9.563 billion VND.

- Other expenses (overall planning, detailed planning, administrative boundary adjustment, project management, etc.): 47.353 billion VND.

- Contingency reserve: 67.906 billion VND.

b) Sources of capital:

- Capital raised from government bonds: 2,000 billion VND.

- Capital from Vietnam Electricity Corporation: 300 billion VND.

- Allocation of capital to project investors as follows:

+ Tuyen Quang province: 1,756.428 billion VND.

+ Ha Giang province: 270.293 billion VND.

+ Bac Kan province: 33.530 billion VND.

+ Vietnam Electricity Corporation: 239.749 billion VND.

c) Estimated annual phased investment capital

Unit of measurement: million VND

Year 2003

Article 2. Implementation

1. Responsibilities of Central Ministries and Sectors

b) In addition to implementing the tasks prescribed in paragraph a of this Article, ministries and sectors shall perform specific tasks as follows:

- Ministry of Planning and Investment:

+ Coordinate with the Ministry of Finance to balance investment capital according to the progress and phased investment plan of each province: Tuyen Quang, Ha Giang, Bac Kan, and submit to the Prime Minister for decision.

+ Inspect, supervise, and evaluate investment during the implementation of the project.

- Ministry of Finance:

+ Allocate capital according to the progress and phased investment plan approved by the competent authority for the People's Committees of Tuyen Quang, Ha Giang, and Bac Kan provinces (main investors of the relocation and resettlement project) to implement.

+ Allocate funds according to the progress and annual investment phases approved by the competent authority for the People's Committees of Tuyen Quang, Ha Giang, and Bac Kan provinces (the project sponsors for relocation and resettlement) to implement.

+ Chair and coordinate with Vietnam Electricity Corporation on the method for transferring Vietnam Electricity Corporation's contribution capital to the relocation and resettlement project for implementation by Tuyen Quang, Ha Giang, and Bac Kan provinces.

+ Inspect the management and settlement of investment capital for the project in accordance with current laws.

- The Ministry of Agriculture and Rural Development shall chair and cooperate with the Ministry of Industry to guide Tuyen Quang, Ha Giang, and Bac Kan provinces on adjusting crop and livestock structures in conjunction with processing and marketing products to gradually increase income for residents.

- The Ministry of Home Affairs shall chair and cooperate with the People's Committees of Tuyen Quang, Ha Giang, and Bac Kan provinces to urgently develop plans for reorganizing administrative units in flooded communes and receiving communes for resettled residents, to be submitted to competent authorities for approval.

- The Ministry of Fisheries shall guide Tuyen Quang, Ha Giang, and Bac Kan provinces in developing aquaculture development plans; direct research institutions under the Ministry and the National Fisheries Promotion Center to advise farmers on selecting suitable fish species and aquaculture techniques in the Son La - Gam reservoir area.

- The Ministry of Culture and Information shall chair and cooperate with the People's Committees of Tuyen Quang, Ha Giang, and Bac Kan provinces to survey, assess, and establish a project to preserve cultural heritage in flooded areas and resettlement zones, to be submitted to competent authorities for approval according to current regulations.

- Vietnam Electricity Corporation shall urgently determine the highest water level of the reservoir to identify 200 households living at the 120-meter elevation mark in Ha Giang province as potential resettlement households, and report to the Ministry of Planning and Investment for consolidation of investment capital for the relocation and resettlement project in Ha Giang province; coordinate with the People's Committees of Tuyen Quang, Ha Giang, and Bac Kan provinces in organizing and implementing relocation and resettlement.

2. Responsibilities of the People's Committees of Tuyen Quang, Ha Giang, and Bac Kan provinces

a) The People's Committees of Tuyen Quang, Ha Giang, and Bac Kan provinces:

- Direct and organize the implementation of tasks related to relocation and resettlement for the Tuyen Quang Hydropower Project as assigned by the Prime Minister in Decision No. 288/QD-TTg dated April 19, 2002 on approving investment for the Tuyen Quang Hydropower Project and Decision No. 937/QD-TTg dated August 20, 2003 of the Prime Minister on temporary regulations for compensation and resettlement for the Tuyen Quang Hydropower Project.

- Direct the preparation, review, and approval of detailed planning for resettlement areas and component projects within these areas as specified in this Decision, in accordance with the compensation and resettlement policies for the Tuyen Quang Hydropower Project stipulated in Decision No. 937/QD-TTg dated August 20, 2003 of the Prime Minister and other relevant current regulations. Adjustments to resettlement plans and infrastructure scale can be made based on actual conditions at resettlement sites without increasing the allocated investment capital for each province as specified in Point b Clause 3 Article 1 of this Decision.

- Implement the integration of other programs and projects within the province with the relocation and resettlement project for the Tuyen Quang Hydropower Project to enhance investment efficiency and promote economic and social development in the province.

b) Provincial-level authorities shall closely cooperate with party committees and mass organizations in areas where people are moving from and to, strengthen propaganda and mobilization work to ensure strict compliance with regulations on compensation, support, relocation, and resettlement, and related policies. Ensure democratic and transparent processes during project implementation to facilitate public participation in supervising compensation, support, relocation, and resettlement activities. Effectively direct and monitor project implementation to ensure investment effectiveness.

Article 3. Implementation Provisions

This Decision shall take effect fifteen days after its publication in the Official Gazette.

The Ministers of the Ministries of Planning and Investment, Finance, Industry, Construction, Agriculture and Rural Development, Transport, Culture and Information, Home Affairs, Fisheries; the Governor of the State Bank of Vietnam; the Heads of relevant Ministries and sectors; the Chairman of the Board of Directors and General Director of Vietnam Electricity Corporation; and the Chairmen of the People's Committees of Tuyen Quang, Ha Giang, and Bac Kan provinces are responsible for enforcing this Decision./.