Joint Circular No. 106/2002/TTLT/BTC-BCN guides compensation and support for the construction of high-voltage power transmission lines.

JOINT CIRCULAR

Guidelines for compensation and support for the construction of high-voltage power transmission line projects

Based on current land laws;

Based on the Civil Code dated October 28, 1995;

Based on Decree No. 22/1998/NĐ-CP dated April 24, 1998 of the Government on compensation for losses when the State requisitions land for national defense, security, national interests, and public interest purposes;

Based on Decree No. 54/1999/NĐ-CP dated July 8, 1999 of the Government on the protection of high-voltage power transmission lines;

The Ministry of Finance and the Ministry of Industry provide guidelines for compensation and support for the construction of high-voltage power transmission line projects as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Compensation and support for the construction of high-voltage power transmission line projects shall be carried out as follows: In cases where the State requisitions land, including land within the safety protection zone of high-voltage power transmission lines, compensation and support shall be implemented according to the provisions of Decree No. 22/1998/NĐ-CP dated April 24, 1998 of the Government, Circular No. 145/1998/TT-BTC dated November 4, 1998 of the Ministry of Finance, and Circular No. 4448/TC-QLCS dated September 4, 1999 of the Ministry of Finance regarding guidance on handling certain difficulties in land compensation and clearance work.

For land that the State does not requisition but lies within the safety protection zone of high-voltage power transmission lines, and which is restricted in its usability due to construction, compensation and support for organizations, households, and individuals using the land shall be carried out according to the guidelines set forth in Section II of this Joint Circular.

2. The project investor (representative of the investor) of the high-voltage power transmission line project shall be responsible for compensation and support in accordance with the provisions of Decree No. 22/1998/NĐ-CP dated April 24, 1998 of the Government, Circular No. 145/1998/TT-BTC dated November 4, 1998 of the Ministry of Finance, Circular No. 4448/TC-QLCS dated September 4, 1999 of the Ministry of Finance, and the guidelines provided in this Joint Circular.

SPECIFIC PROVISIONS ON COMPENSATION AND SUPPORT IN CASES WHERE LAND IS NOT REQUISITIONED

1. For land:

Land meeting the conditions for compensation as stipulated in Article 6 of Decree No. 22/1998/NĐ-CP, which is not requisitioned by the State but lies within the safety protection zone of high-voltage power transmission lines and is restricted in its usability, shall be compensated for actual losses as follows:

a) In cases where the purpose of use changes from residential land (residential area) or construction land (special-purpose land) to agricultural or forestry land, compensation shall be made in cash based on the price difference between the residential land (residential area) price and the new use price.

b) In cases where there is no change in the purpose of land use (houses and structures that can exist within the safety protection zone of high-voltage power transmission lines), but the usability is restricted, compensation shall be made in cash based on the actual loss.

The amount of compensation shall be the price difference between the residential land price before the decision to requisition land for construction was made and the residential land price after such decision, determined by the provincial People's Committee to suit local circumstances, but the maximum compensation shall not exceed 50% of the land price prior to the decision to requisition land for construction.

c) When the safety protection zone of high-voltage power transmission lines occupies more than 70% of the usable area of land with houses or structures belonging to a single land user, the remaining area shall also be compensated according to points a and b of Clause 1, Section II of this Joint Circular.

d) The following types of land shall not be compensated or supported:

Land leased by the State, agricultural land, forestry land, salt-making land, land with water bodies for aquaculture, unused land, special-purpose land granted without payment of land use fees or paid for with funds from the state budget;

Land that does not meet the conditions for compensation as stipulated in Article 6 of Decree No. 22/1998/NĐ-CP dated April 24, 1998 of the Government.

2. For assets:

a) Houses, buildings, and other assets demolished or relocated entirely shall be compensated according to Articles 17, 18, and 19 of Decree No. 22/1998/NĐ-CP dated April 24, 1998 of the Government, Circular No. 145/1998/TT-BTC dated November 4, 1998 of the Ministry of Finance, and Circular No. 4448/TC-QLCS dated September 4, 1999 of the Ministry of Finance.

b) Losses to crops shall be compensated according to Articles 23 and 24 of Decree No. 22/1998/NĐ-CP dated April 24, 1998 of the Government.

c) Houses and buildings existing before the construction of high-voltage power transmission lines and other assets meeting the conditions specified in Clause 1 of Article 8 of Decree No. 54/1999/NĐ-CP, which can remain within the safety protection zone without being damaged but are restricted in their usability, shall be supported. The level of support for houses classified as Grade 1 and Grade 2 is 10%, while for houses classified as Grade 3 and Grade 4 and independent ancillary structures, it is 30% of the value of the part of the house or building located within the safety protection zone, calculated based on the new construction cost of similar standard houses or buildings issued by the provincial People's Committee in accordance with government regulations.

d) In cases where houses and buildings do not meet the safety conditions and require partial demolition or implementation of repair and improvement measures to ensure safety conditions as specified in Clause 1 of Article 8 of Decree No. 54/1999/NĐ-CP to remain within the safety protection zone, compensation shall be provided for the demolished parts and the costs of repairing and improving the houses and buildings. Additionally, if the houses, buildings, and other assets are restricted in their usability, they shall also be supported according to point c of Clause 2, Section II of this Joint Circular.

e) In cases where the safety protection zone of high-voltage power transmission lines occupies more than 70% of the total floor area of houses or buildings and other assets, which are restricted in their usability and fall under the support criteria specified in point c of Clause 2, Section II of this Joint Circular, the entire area of the houses or buildings shall be considered for support.

3. Houses and constructions newly built, trees newly planted after the date on which the competent authority announces the decision approving the project for the construction of power transmission lines, if they violate the safety conditions stipulated in Decree No. 54/1999/NĐ-CP, must be demolished and will not be compensated or supported.

4. Houses and constructions that remain after the investor has implemented the compensation and support policies and meet the conditions to exist within the protected safety zone of high-voltage power transmission lines as prescribed in Clause 1, Article 8 of Decree No. 54/1999/NĐ-CP, if the owners wish to relocate outside the safety zone, shall carry out the relocation themselves without receiving additional compensation or support.

III. IMPLEMENTATION

1. The People's Committee of the province shall direct the Department of Finance and Prices to take the lead in coordinating with the Department of Land Administration, the Department of Construction, the Department of Industry, and other relevant departments to guide the implementation of compensation and support when constructing high-voltage power transmission lines in accordance with the provisions of Decree No. 22/1998/NĐ-CP, Decree No. 54/1999/NĐ-CP, Circular No. 145/1999/TTLT-BTC dated November 4, 1998 of the Ministry of Finance, Circular No. 4448/TC-QLCS dated September 4, 1999 of the Ministry of Finance, and the guidance provided in this joint circular.

2. The investor of the Project for the Construction of High-Voltage Power Transmission Lines shall be responsible for coordinating with the Land Compensation and Relocation Committee to develop the compensation and support plan to be submitted to the People's Committee of the province for approval. The Land Compensation and Relocation Committee shall be responsible for organizing the implementation of compensation and support for organizations, households, and individuals entitled to compensation and support when constructing high-voltage power transmission lines, both in cases where land is expropriated and where it is not, in accordance with the provisions of Decree No. 22/1998/NĐ-CP, Circular No. 145/1998/TT-BTC dated November 4, 1998 of the Ministry of Finance, Circular No. 4448/TC-QLCS dated September 4, 1999 of the Ministry of Finance, and this joint circular.

3. This joint circular shall take effect fifteen days from the date of signature.

For projects of high-voltage power transmission lines that have been completed and energized before the effective date of this joint circular, the compensation and support according to the guidance in this joint circular shall not apply.

During the implementation process, if there are difficulties or new issues arise requiring resolution, it is requested that agencies, units, and People's Committees at all levels report to the Ministry of Finance and the Ministry of Industry for coordinated handling./.