Decision No. 196/2004/QD-TTg Approves the Overall Resettlement Plan for the Son La Hydropower Project Relocation and Resettlement

DECISION OF THE PRIME MINISTER

Approve the overall relocation and resettlement planning for the Son La Hydropower Project residents

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. 44/2001/QH10 of the 9th Session of the 10th National Assembly and Resolution No. 13/2002/QH11 of the 2nd Session of the 11th National Assembly on the Son La Hydropower Project;

Pursuant to Decree No. 22/1998/NĐ-CP dated August 24, 1998 of the Government;

Pursuant to the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government, amended and supplemented by Decrees No. 12/2000/NĐ-CP dated May 5, 2000 and No. 07/2003/NĐ-CP dated January 30, 2003 of the Government;

Pursuant to Decision No. 92/QĐ-TTg dated January 15, 2004 of the Prime Minister approving the investment for the Son La Hydropower Project;

Pursuant to Decision No. 459/QĐ-TTg dated May 12, 2004 of the Prime Minister on the provisions regarding compensation, relocation, and resettlement for the Son La Hydropower Project;

Pursuant to Decision No. 1251/QĐ-TTg dated November 23, 2004 on amending and supplementing certain articles of Decision No. 459/QĐ-TTg dated May 12, 2004 of the Prime Minister.

Considering the proposal of the Ministry of Planning and Investment (Circular No. 6663/BKH-TĐ&GSĐT dated October 21, 2004), the Ministry of Agriculture and Rural Development (Report No. 2013/BNN-HTX dated August 26, 2004) and the opinions of the People's Committees of the provinces: Son La, Dien Bien, Lai Chau,

DECISION:

Article 1. Approve the overall relocation and resettlement planning for the Son La Hydropower Project as follows:

1. Objectives, tasks, and requirements for relocation and resettlement of the Son La Hydropower Project residents.

a) Objectives:

Relocation and resettlement of the Son La Hydropower Project must create conditions for the resettled people to quickly stabilize their living environment and livelihoods based on exploiting potential resources and labor force, gradually changing economic structures, developing production, increasing income, and improving material and spiritual life better than before, contributing to the industrialization and modernization of agriculture and rural areas in the Northwest region, maintaining political stability, social security, national defense, public safety, and ecological environmental protection.

b) Tasks: from now until 2010, organize compensation, relocation, and resettlement for households and individuals who are subject to relocation and resettlement; compensate for the relocation and reconstruction of infrastructure and architectural-cultural-social facilities of organizations and units within the construction site and the flooded area of the Son La Hydropower Project reservoir.

c) Requirements:

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

- Resettlement within the region and province should be the main focus, implementing various forms of resettlement such as concentrated rural and urban resettlement, intermixed resettlement, voluntary relocation, and other forms that are suitable for production conditions, customs, traditions, and aspirations of ethnic groups both at the place of departure and arrival. Encourage the population to move their old houses themselves and build new homes at the resettlement sites according to the plan, and encourage intermixed resettlement. Relocation and resettlement should prioritize the preservation and promotion of cultural identity and unity between resettled and local populations.

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

2. Planning scheme for relocation and resettlement

a) Regarding losses and number of people to be relocated by 2010:

- Total land area submerged is 23,333 hectares, including: agricultural land 7,670 hectares; forest land with trees 3,170 hectares; special-use land 879 hectares; residential land 527 hectares; unused land 11,087 hectares.

- The total value of assets lost by resettled households, architectural works, and infrastructure is approximately 17,880 billion VND, including: asset loss value of organizations is 7,370 billion VND, asset loss value of household and individual is 10,510 billion VND.

- The estimated number of people to be relocated by 2010 (including a 10% contingency reserve) is 18,897 households, 91,100 individuals (Son La Province 12,479 households, 62,394 individuals; Dien Bien Province 3,840 households, 14,959 individuals; Lai Chau Province 2,578 households, 13,747 individuals) belonging to 8 affected districts and towns (Son La Province 3 districts, Dien Bien Province 3 districts, Lai Chau Province 2 districts).

b) Resettlement arrangement plan:

Son La Province: Within Son La Province, there are 10 regions (in 10 districts), 83 zones (in 83 communes), 218 resettlement points, accommodating 100% of the province's resettled households, totaling 12,479 households, 62,394 individuals, planned as follows:

- Quynh Nhai District resettlement region: includes 9 zones, 30 points, accommodating 2,070 households (including 560 non-agricultural households in Phieng Lang town, 1,510 agricultural households). Production direction: planting food crops, short-term industrial crops, fruit trees, timber plantations, raising large livestock. Each resettled household is allocated 1.0 to 1.5 hectares of agricultural land, 3.0 to 5.0 hectares of forest land and grassland for livestock grazing. For non-agricultural households, the main production direction is industry and services.

- Mua La District resettlement region: includes 7 zones, 17 points, accommodating 1,439 households. Production direction: rice, corn, and other food crops, industrial crops, fruit trees, timber plantations, raising large livestock and poultry. Each resettled household is allocated 1.2 to 1.5 hectares of agricultural land, 0.5 to 1.0 hectares of forest land and grassland for livestock grazing, aquaculture.

- Thuan Chau District resettlement region: includes 16 zones, 39 points, accommodating 1,677 households. Production direction: food crops, industrial crops like tea, coffee, fruit trees, timber plantations; raising large livestock and poultry. Each resettled household is allocated 1.2 to 1.5 hectares of agricultural land, 1.5 to 2.0 hectares of forest land and grassland for livestock grazing.

- Muong Chau District resettlement region: includes 13 zones, 28 points, accommodating 1,651 households. Production direction: food crops, tea, vegetables, fruit trees; raising dairy cows and beef cattle. Each resettled household is allocated 0.5 to 1.0 hectares of perennial crop land, 0.5 to 1.0 hectares of forest land and grassland for livestock grazing.

- Resettlement area of Mai Son district: includes 13 zones, 36 points, resettling 1,665 households. Production orientation: growing food crops such as rice, high-yield corn, tea planting and other industrial crops, growing various vegetables, fruit trees, planting raw material forests; raising large livestock. Each resettled household is allocated from 1.5 to 2.0 hectares of agricultural land, from 2.0 to 2.5 hectares of forest land and grassland for livestock grazing.

- Resettlement area of Yen Chau district: includes 7 zones, 16 points, resettling 750 households. Production orientation: growing food crops, raw material crops, tea planting and fruit trees, planting raw material forests; raising large livestock; producing animal feed.

- Resettlement area of Song Ma district: includes 5 zones, 17 points, resettling 830 households. Production orientation: growing food crops, industrial crops, vegetables, fruit trees, planting raw material forests; raising large livestock. Each resettled household is allocated from 1.2 to 1.6 hectares of agricultural land, from 1.5 to 2.0 hectares of forest land and grassland for livestock grazing.

- Resettlement area of Sop Cop district: includes 5 zones, 19 points, resettling 885 households. Production orientation: growing food crops, short-term industrial crops, vegetables, long-term crops mainly fruit trees, planting raw material forests; raising large livestock. Each resettled household is allocated from 1.2 to 1.7 hectares of agricultural land (including 0.2 to 0.3 hectares of paddy fields), from 2.0 to 2.5 hectares of forest land and grassland for livestock grazing.

- Resettlement area of Bac Yen district: includes 4 zones, 7 points, resettling 350 households. Production orientation: growing food crops, short-term industrial crops, long-term crops mainly tea and fruit trees, planting raw material forests; raising beef cattle. Each resettled household is allocated from 1.0 to 1.3 hectares of annual crop land, from 0.7 to 1.0 hectares of perennial crop land, from 2.5 to 4.0 hectares of forest land and grassland for livestock grazing.

- Resettlement area of Son La city: includes 4 zones, 9 points, resettling 470 households. Production orientation: growing food crops, short-term industrial crops, vegetables, long-term crops including coffee, tea, fruit trees, planting raw material forests; raising large livestock and poultry. Each resettled household is allocated from 1.2 to 1.4 hectares of agricultural land, from 0.5 to 0.7 hectares of forest land and grassland for livestock grazing.

Province of Lai Chau: within the territory of Lai Chau province, there are 4 resettlement areas, 7 zones with 24 points, capable of resettling approximately 4,043 households, including 2,578 households of Lai Chau province (100%) and possibly 1,500 households of Dien Bien province, planned as follows:

- Resettlement area of Sin Ho district: includes 3 zones, 13 points, resettling 1,666 households:

+ Lowland resettlement zone of Sin Ho district: includes 9 points, resettling 1,246 households of lowland communes of Sin Ho. The main production orientation of this area is growing irrigated rice, high-yield corn, peanuts, soybeans, planting raw material forests; developing livestock farming. On average, each household is allocated 0.63 hectares of paddy fields; 1.93 hectares of upland fields, 0.2 hectares of perennial crop land, from 2.0 to 3.0 hectares of forest land and grassland for livestock grazing.

+ Le Loi resettlement zone: includes 3 points, resettling 270 households of Le Loi commune. Production orientation: growing irrigated rice, high-yield corn, peanuts, soybeans, planting paper raw material forests; developing livestock farming. On average, each household is allocated 0.27 hectares of paddy fields, 0.4 hectares of upland fields, from 1.5 to 2.0 hectares of forest land and grassland for livestock grazing.

+ Chien Chan resettlement zone: includes 1 point, resettling 150 households of Chien Nua commune. Production orientation: growing rice, corn, bamboo for shoots and paper raw materials, effectively utilizing semi-flooded land. On average, each household is allocated 0.72 hectares of agricultural land (including 0.6 hectares of paddy fields), 1.25 hectares of forest land for planting paper raw material trees, 0.3 hectares of semi-flooded land.

- Resettlement area of Muong Te district: includes 1 resettlement zone Nam Hang, 4 points, resettling 377 households of Nam Hang commune. Production orientation: growing irrigated rice, corn, peanuts, soybeans, planting raw material forests and developing livestock farming. On average, each household is allocated 0.53 hectares of paddy fields, 1.39 hectares of upland fields, 0.3 hectares of perennial crop land, from 1.5 to 2.0 hectares of forest land and grassland for livestock grazing.

- Phong Tho resettlement area: includes 1 resettlement zone at Pa So - Houieu Long, 2 points, resettling 500 households, including 300 non-agricultural households of Lai Chau city (Dien Bien province) and 200 non-agricultural households of Chien Nua commune. Production orientation: growing rice, corn, bamboo for shoots and paper raw materials. On average, each household is allocated 0.4 hectares of paddy fields, 1.4 hectares of upland fields, 0.3 hectares of perennial crop land, from 1.5 to 2.0 hectares of forest land and grassland for livestock grazing.

- Tam Duong resettlement area: includes 2 zones, 5 points, resettling 1,500 households:

+ New Lai Chau city resettlement zone: includes 2 points, resettling 1,000 households, including 800 non-agricultural households of old Lai Chau city and 200 agricultural households of Chien Nua commune. The scale of resettlement must be consistent with the planning for the development of new Lai Chau city to accommodate non-agricultural resettlement households.

+ Binh Lu resettlement zone: includes 3 points, resettling 500 households, including 100 non-agricultural households, 400 agricultural households (including 200 households of Chien Nua commune and 200 households from elsewhere). Production orientation: growing rice, corn, fruit trees, planting raw material forests and developing cattle farming. Each household is allocated from 1.2 to 1.5 hectares of agricultural land, from 2.0 to 3.0 hectares of forest land and grassland for livestock grazing.

Province of Dien Bien: it is forecast that by 2010, Dien Bien province will have 3,840 households needing relocation, of which 2,739 households will be resettled within the province, including 2,087 urban resettlement households and 652 rural resettlement households (200 households have already been relocated to the Nam Chim model resettlement area, Si Pa Phin); 1,101 households will be resettled in Lai Chau province; the resettlement plan is as follows:

- Old Lai Chau city resettlement area: includes 3 zones, 3 points, capable of resettling 900 households, initially resettling 475 households who wish to resettle in place. Production orientation: growing irrigated rice, high-yield corn, soybeans and developing livestock farming. Each resettled household is allocated from 1.1 to 1.5 hectares of agricultural land (including from 0.4 to 0.6 hectares of paddy fields), from 2.0 to 2.5 hectares of forest land and grassland for livestock grazing.

- Resettlement area of Dien Bien Phu city: includes 4 zones in 4 wards: Noong Bua, Thanh Truong, Nam Thanh, and Tan Thanh, with the capacity to accommodate 1,000 households. Initially, 819 households (including 116 agricultural households and 703 non-agricultural households from the former Lai Chau town) willing to be resettled in Dien Bien Phu city will be accommodated.

- Resettlement area of Dien Bien district town: includes 1 zone and 1 point, with the capacity to accommodate 400 households. Initially, 84 non-agricultural households from the former Lai Chau town will be accommodated. It is expected that a district town of Dien Bien will be formed at Pu Tuu with the capacity to accommodate approximately 400 households, initially accommodating 84 households.

- Resettlement area of Dien Bien district: includes 1 zone at Muong Nha, 2 points, with the capacity to accommodate 300 households, initially accommodating 134 agricultural households from the former Lai Chau town. Production orientation: rice cultivation, fruit tree planting, protective forest and production forest planting; cattle and buffalo meat breeding. Each resettled household will be allocated approximately 1.3 hectares of agricultural land (including 0.35 hectares of rice field, 0.4 hectares of upland and lowland fields), 0.8 to 1.0 hectares of forestry and grassland for livestock breeding.

- Resettlement area of Dien Bien Dong district: includes 1 zone and 1 resettlement point at Pu Nhi, accommodating 200 households from Lay Nua commune. Production orientation: rice cultivation, tea planting, protective forest and production forest planting; cattle and buffalo meat breeding. Each household will be allocated approximately 1.5 hectares of agricultural land (including 0.4 hectares of rice field, 0.5 hectares of upland and lowland fields), 0.7 to 1.0 hectares of forestry and grassland for livestock breeding.

- Resettlement area of Muong Lay district: includes 3 zones and 3 points, accommodating 300 households (of which 200 households from Chan Nua commune have been received at Nam Chim, and the remaining 100 households will be accommodated at Van Ho and Ho Chim points). Production orientation: rice cultivation, high-yield corn, peanuts, soybeans; forest conservation and development of livestock breeding. Each household will be allocated approximately 2.5 hectares of agricultural land (including 1.1 hectares of rice field), 3.5 to 5.7 hectares of forestry and grassland for livestock breeding.

- Resettlement area of Toua Chua district: includes 3 zones and 3 points, accommodating 400 households, initially accommodating 170 households in place. Main production orientation: rice cultivation, high-yield corn, peanuts, soybeans, raw material forest planting, and livestock breeding development. Each household will be allocated approximately 1.2 hectares of agricultural land (including 0.39 hectares of rice field, 0.4 hectares of upland and lowland fields), 0.8 to 1.0 hectares of forestry and grassland for livestock breeding.

- Resettlement area of Muong Nhe district: includes 5 zones and 11 points, accommodating 1,421 households (including 300 non-agricultural households and 1,121 agricultural households). Initially, 672 households (including 290 households from the former Lai Chau town, 217 households from Muong Lay district, and 165 households from Toua Chua district) will be accommodated. Production orientation: rice cultivation, high-yield corn, peanuts, soybeans; forest conservation and development of livestock breeding. Each household will be allocated approximately 1.8 hectares of agricultural land (including 0.4 to 0.7 hectares of rice field), 2.5 to 3.0 hectares of forestry and grassland for livestock breeding.

c) Specific plan for arranging zones, points, and number of resettled households on the territory of provinces, implemented according to the data in the main report of the overall relocation and resettlement planning for the Son La Hydropower Project, attached to the proposal No. 2013-BNN-HTX dated August 26, 2004 of the Ministry of Agriculture and Rural Development.

d) Relocation and resettlement schedule: the relocation and resettlement schedule must meet the reservoir filling schedule; the planned schedule for each year is as follows:

Unit of measurement: household

3. Total investment amount, sources of funds, and phased investment funding:

a) Total investment amount: 10,294,915 million VND, including:

- Resettlement in rural areas: 7,092,873 million VND

- Resettlement in urban areas: 1,650,000 million VND

- Other costs (survey design, management, contingency): 1,552,042 million VND.

b) Sources of investment funds:

- Vietnam Electricity Corporation capital: 4,633,031 million VND.

- State budget capital: 5,000,000 million VND.

- Preferential loan and mobilization from households and enterprises for production development, estimated at: 661,884 million VND.

c) Estimated annual phased investment funding:

Unit of measurement: million VND

Article 2. Implementation

1. Responsibilities of Central Ministries and Sectors

a) Responsibilities of Ministries and sectors: Agriculture and Rural Development, Industry, Construction, Planning and Investment, Finance, Transport; State Bank of Vietnam; relevant Ministries and sectors and Vietnam Electricity Corporation shall perform their tasks related to relocation and resettlement of the Son La Hydropower Project as assigned by the Prime Minister in Decision No. 92/QD-TTg dated January 15, 2004 approving the investment of the Son La Hydropower Project; Decision No. 677/QD-TTg dated June 18, 2004 on the operation regulations of the National Steering Committee for the Son La Hydropower Project; Decision No. 459/QD-TTg dated May 12, 2004 on the provisions for compensation, relocation, and resettlement of the Son La Hydropower Project.

b) Ministry of Agriculture and Rural Development: in addition to the tasks prescribed in item a clause 1 of this Article, the Ministry shall perform the following tasks:

- Guide the People's Committees of Son La, Dien Bien, and Lai Chau provinces in preparing, reviewing, and approving detailed plans for resettlement areas within their respective provinces; planning agricultural and forestry production regions linked with product processing and consumption, focusing initially on the resettlement areas of the Son La Hydropower Project.

- Direct the preparation of projects for protecting, restoring, and developing forests in the Northwest region, paying particular attention to restoring protective forests along the Red River system, and submit them to the Prime Minister for approval.

- Review and approve detailed plans for resettlement areas for provinces receiving displaced people from other provinces, new resettlement areas arising during the implementation of relocation and resettlement but not included in the initial resettlement plan as stipulated in item b clause 2 of Article 1 of this Decision, and consolidate and report to the Prime Minister.

- Examine and provide comments on the adjustment and supplementation of the scale of households to be resettled in resettlement areas as specified in item b clause 2 of Article 1 of this Decision, based on the proposals of the People's Committees of Son La, Dien Bien, and Lai Chau provinces.

- Direct the provinces to organize the implementation of inspection and supervision during the process of compensation, relocation, and resettlement: from the detailed planning stage, implementing component projects to the handover of completed works for use.

- After the provinces complete the detailed planning, the Ministry of Agriculture and Rural Development shall take the lead, coordinate with relevant ministries, sectors, and People's Committees of Son La, Dien Bien, and Lai Chau provinces to adjust and supplement the overall planning for submission to the Prime Minister for decision.

c) The Ministry of Home Affairs shall take the lead, coordinate with the People's Committees of Son La, Dien Bien, and Lai Chau provinces to urgently develop plans to reorganize administrative units of flooded communes and communes receiving relocated residents for approval by competent authorities.

d) The Ministry of Fisheries: guide the provinces of Son La, Dien Bien, and Lai Chau in developing aquaculture development planning; direct scientific research agencies and the National Fisheries Promotion Center to guide farmers in selecting suitable fish species and aquaculture techniques in the reservoir area of the Da River system.

đ) The Ministry of Culture and Information shall take the lead, coordinate with the People's Committees of Son La, Dien Bien, and Lai Chau provinces to survey, assess, and establish projects for preserving cultural heritage in the flooded reservoir area and resettlement zones, for submission to competent authorities for approval in accordance with current regulations.

2. Responsibilities of the People's Committees of Son La, Dien Bien, and Lai Chau provinces

a) The People's Committees of Son La, Dien Bien, and Lai Chau provinces:

- Implement tasks related to relocation and resettlement for the Son La Hydropower Project as assigned by the Prime Minister in Decision No. 92/QĐ-TTg dated January 15, 2004 on approving investment for the Son La Hydropower Project; Decision No. 677/QĐ-TTg dated June 18, 2004 on issuing the operational regulations of the State Steering Committee for the Son La Hydropower Project; Decision No. 459/QĐ-TTg dated May 12, 2004 on issuing regulations on compensation, relocation, and resettlement for the Son La Hydropower Project.

- Direct the establishment, review, and approval of detailed planning for resettlement areas identified in this overall planning in accordance with mechanisms and policies stipulated in Decision No. 459/QĐ-TTg dated May 12, 2004, Decision No. 1251/QĐ-TTg dated November 23, 2004 of the Prime Minister, and guidelines of the Ministry of Agriculture and Rural Development regarding the content and procedures for detailed planning of resettlement areas (Circular No. 2592/BNN-HTX dated October 27, 2004).

- Integrate other programs and projects within their respective provinces with the compensation, relocation, and resettlement project of the Son La Hydropower Project to enhance investment efficiency and promote socio-economic development in the province.

b) Regarding detailed planning: The People's Committees of Son La, Dien Bien, and Lai Chau provinces need to pay attention to the following contents:

+ Urgently direct the establishment, review, and approval of detailed planning for resettlement areas within their respective provinces, including urban planning for resettlement such as: the town of Quynh Nhai at Phieng Lan, Muong La, and Soc Copt (Son La province); expansion planning for Dien Bien Phu city, towns of Dien Bien and Muong Nhe, old Lai Chau town (Dien Bien province); new Lai Chau town, towns of Pa So and Binh Lu (Lai Chau province), to be completed in 2005. For resettlement areas receiving residents in 2005-2006, priority should be given to completing detailed planning in the first six months of 2005.

+ In the detailed planning, clarify issues remaining from the overall planning highlighted by the Ministry of Planning and Investment in Circular No. 663/BKH-TĐ&GSĐT dated October 21, 2004.

c) All levels of government in Son La, Dien Bien, and Lai Chau provinces must closely cooperate with party committees and mass organizations 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 transparency in the implementation of the project, creating conditions for people to participate in supervising compensation, support, relocation, and resettlement. Effectively implement guidance, inspection, and supervision of project implementation to ensure investment effectiveness.

Article 3. Implementation Provisions

This Decision takes effect fifteen days from the date of publication in the Official Gazette.

The Ministers of the Ministries of Agriculture and Rural Development, Planning and Investment, Finance, Industry, Construction, Transportation, Culture and Information, Home Affairs, Fisheries; Governor of the State Bank of Vietnam; Heads of relevant ministries and sectors; General Director of Vietnam Electricity Corporation; and Chairmen of the People's Committees of Son La, Dien Bien, and Lai Chau provinces are responsible for enforcing this Decision./.