Circular No. 22/2015/TT-BNNPTNT guides the implementation of certain provisions stipulated in 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.

CIRCULAR

Guidelines for implementing certain provisions set forth in Article 24Decision No. 64/2014/QĐ-TTg dated November 18, 2014

of Tthe Prime Minister CGovernment promulgating special policies on relocation and resettlement for hydropower and irrigation projectsFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 64/2014/QĐ-TTg dated November 18, 2014 of the Prime Minister promulgating Special Policies on Relocation and Resettlement for Hydropower and Irrigation Projects;

At the request of the Director of the Department of Cooperative Economy and Rural Development,

The Minister of Agriculture and Rural Development issues this Circular guiding the implementation of certain provisions set forth in Decision No. 64/2014/QĐ-TTg dated November 18, 2014 of the Prime Minister promulgating Special Policies on Relocation and Resettlement for Hydropower and Irrigation Projects.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of Article 4, Clause 1 of Article 8 and Point a of Clause 1 of Article 19 of Decision No. 64/2014/QĐ-TTg dated November 18, 2014 of the Prime Minister promulgating Special Policies on Relocation and Resettlement for Hydropower and Irrigation Projects (hereinafter referred to as Decision No. 64/2014/QĐ-TTg).

Article 4. Scope of Application: carried out in accordance with the provisions of Article 2 of Decision No. 64/2014/QĐ-TTg.

Chapter II

SPECIFIC PROVISIONS

Article 3. Procedures for drafting, reviewing, and approving comprehensive relocation and resettlement plans for hydropower and irrigation projects

The drafting of comprehensive relocation and resettlement plans for hydropower and irrigation projects (hereinafter referred to as comprehensive plans), as stipulated in Point a of Clause 2 of Article 4 of Decision No. 64/2014/QĐ-TTg, shall be implemented as follows:

1. Content of the comprehensive plan, including:

a) Investigation, analysis, and assessment of losses in the reservoir area and construction land for hydropower and irrigation projects;

b) Determination of compensation values for losses related to residential land, production land, and attached assets in the flooded reservoir area, construction site clearance areas, and resettlement sites;

c) Forecasting population size and demographic structure in the resettlement area consistent with economic and social development planning, new rural development planning, industry sector planning, national population distribution strategy, and customs of each ethnic group;

d) Resettlement planning scheme:

- Justification of viewpoints and objectives of relocation and resettlement consistent with overall economic and social development planning and industry sector planning in the region;

- Total number of households and individuals for relocation and resettlement; resettlement sites;

- Forms of relocation and resettlement: centralized, interwoven, self-migration;

- Progress of relocation and resettlement annually;

- Analysis and evaluation of natural and socio-economic conditions in the resettlement area, particularly comprehensive investigation and assessment of land resources, water quality, ensuring sufficient residential and production land for resettled people according to regulations and sustainable development conditions; capacity to arrange households and individuals in each resettlement site; planning scheme for infrastructure construction in resettlement sites such as transportation, irrigation, drinking water, electricity, and other public welfare facilities; development plan for production linked to processing and product consumption.

e) Preliminary calculation of total investment cost for implementing the plan: compensation and support costs for resettlement and construction costs for resettlement sites; sources of funding for the plan and phased investment.

f) Determination of mechanisms, policies, and organizational measures to implement the planning objectives.

2. Procedures for drafting the comprehensive plan shall be carried out in the following steps:

a) Collect existing materials, combine with field surveys to develop a project outline and budget for plan preparation, and submit for approval by the competent authority;

b) Organize research, development, and selection of planning schemes according to the contents specified in Clause 1 of this Article;

c) Submit to the competent authority for review and approval of the plan;

d) Notify the plan to relevant agencies and residents.

3. Products of the comprehensive plan, including:

a) Comprehensive report on the plan (report content as specified in Clause 1 of this Article);

b) Illustrative maps showing location, current status, and planning ratio from 1/25,000 to 1/250,000 depending on the scale of the resettlement area, and resettlement site planning map at a ratio of 1/10,000;

c) Supplementary data tables accompanying the report (if any).

4. Review and Approval of the Comprehensive Plan

a) Documentation for review and approval of the comprehensive plan includes:

- Proposal from the project investor submitted to the competent authority for review and approval of the comprehensive plan;

- Opinions of local authorities (commune, district, province) where resettlement takes place, flooded reservoir areas, construction sites, and other relevant legal documents.

- Planning documents as specified in Clause 3 of this Article.

b) Minimum number of review documentation sets for the comprehensive plan: 20 sets.

c) Authority for review and approval of the comprehensive plan applies according to the authority for review and approval of projects as stipulated in Clause 1 of Article 39 of the Public Investment Law No. 49/2014/QH13 dated June 18, 2014 of the National Assembly;

d) Time limit for review and approval of the comprehensive plan: 45 (forty-five) working days from the date of receipt of valid documentation. In cases where the documentation is incomplete, within 05 (five) working days from the date of receipt of the documentation, the authority responsible for reviewing the comprehensive plan shall notify the investor in writing.

Article 4. Procedures for drafting, reviewing, and approving detailed planning for resettlement areas

The detailed planning for resettlement areas (hereinafter referred to as detailed planning) as stipulated in point b, Clause 2, Article 4 of Decision No. 64/2014/QĐ-TTg shall be implemented as follows:

1. Drafting detailed planning in accordance with the contents prescribed in Appendix I attached hereto.

2. The procedures for drafting detailed planning shall be carried out in the following steps:

a) Collecting existing materials and conducting on-site surveys to develop a draft outline and budget estimate for the detailed planning to be submitted to the competent authority for review and approval;

b) Organizing the drafting of detailed planning in accordance with the contents prescribed in this Article;

c) Soliciting opinions from residents and local authorities at both the departure and resettlement locations regarding the planning scheme;

d) Submitting the detailed planning to the competent authority for review and approval;

đ) Notifying the detailed planning to relevant agencies and residents.

3. Products of detailed planning include:

a) A comprehensive report on detailed planning (the content of the report as prescribed in this Article);

b) Various types of maps: Economic and social status map of the resettlement area, scale: 1/25,000; Economic and social development planning map of the resettlement area, scale: 1/10,000 or 1/25,000; Detailed planning map of the resettlement area, scale: 1/500; Detailed land use planning map for agricultural areas in the resettlement area, scale: 1/2,000;

c) Any accompanying statistical appendices (if applicable).

4. Minimum number of sets of files for overall planning review: 20 sets.

5. Review and Approval of Detailed Planning

a) Files for review and approval of detailed planning include:

- A submission from the project investor sent to the competent authority for approval of detailed planning;

- Opinions from various levels of local government (commune, district, province) where the resettlement area is located, flood-prone areas, construction sites, and other related legal documents;

- Planning documents as specified in Clause 3 of this Article.

b) The agency responsible for reviewing and approving detailed planning: The provincial People's Committee organizes the review and approval of detailed planning or delegates the district People's Committee to approve it depending on the scale of the resettlement area;

c) Time limit for reviewing and approving detailed planning: 45 (forty-five) working days from the date of receipt of valid files. In cases where the files are not valid, within 05 (five) working days from the date of receipt of the files, the detailed planning review agency will notify the investor in writing.

Article 5. Support for Temporary Roads for Moving People and Property

For areas within flood-prone zones that cannot be moved manually or by other transportation means, support for temporary roads for moving people and property as stipulated in Clause 1, Article 8 of Decision No. 64/2014/QĐ-TTg shall be implemented as follows:

1. Temporary road (public service road): Regarding design scale and technical criteria, the temporary road shall comply with Class VI roads in TCVN 4054-2005 (with longitudinal slope and radius of curvature indicators).

2. Structures along the route, such as: steel cage rock-filled culverts; stormwater drainage structures; temporary bridges with load capacity according to Class VI roads in TCVN 4054 - 2005.

Article 6. Drafting the Outline and Budget for Construction Costs of the Project to Stabilize Livelihoods and Production for People After Resettlement in Water Resources and Hydropower Projects (hereinafter referred to as the Project)

1. The agency responsible for drafting the Project shall be assigned by the Provincial People's Committee (Project Investor) to relevant departments or district-level People's Committees to draft the outline and budget for construction costs of the Project.

2. The Project outline shall be drafted according to the model prescribed in Appendix II attached hereto.

3. The budget for construction costs of the Project shall be prepared in accordance with the provisions of guiding documents on funding for surveys from state budget sources and current financial management regulations related thereto.

Article 7. Submitting for Review and Approval of the Outline and Budget for Construction Costs of the Project

1. The agency responsible for drafting the Project shall submit the outline and budget for construction costs of the Project to the Department of Planning and Investment for review and then to the Provincial People's Committee for approval.

2. Documents for submission for review and approval include:

a) A proposal from the agency responsible for drafting the Project;

b) The outline and budget for construction costs of the Project (completed after receiving comments from relevant provincial agencies).

3. The minimum number of review files: 15 sets.

4. Time for reviewing and approving the outline and budget for construction costs of the Project: 10 (ten) working days from the date of receipt of valid documents. In cases where the documents are not valid, within 03 (three) working days from the date of receipt of the documents, the reviewing agency shall notify the investor in writing.

Article 8. Content of the Project

1. The project shall be developed based on the contents outlined in the approved project outline.

2. Principles for determining investment support content

a) Investment support contents must align with the following types of planning: economic and social development; land use; production for each type of crop;新农村发展和与地方相关的其他行业领域；符合农业和农村发展重组方案以及地方条件。

b) Ensure transparency and democracy.

3. Conditions for Determining Investment Support Content

a) For support in transitioning to high-value crops and livestock:

- Households subject to the provisions of Article 2 of Decision No. 64/2014/QĐ-TTg have production land, labor, and production materials that meet the project requirements; they have submitted an application form to implement the registered production support items (in accordance with the form prescribed in Appendix III attached hereto);

- Depending on the purpose, content of the project, and specific conditions of the locality, households participating in the project will be supported with various types of seeds and livestock, materials as stipulated: seeds and livestock with economic value listed in the permitted production and trading catalogues issued by the Ministry of Agriculture and Rural Development; compatible with planning, restructuring schemes, and local conditions; fertilizers according to technical standards applicable to each type of crop and livestock; feed according to technical standards applicable to each type of livestock.

b) For vocational training support for workers: workers from households after resettlement and those affected when the State requisitions land for resettlement areas who need to change their professions and find employment;

c) For repair and upgrading of essential infrastructure in resettlement areas: transportation works; water conservancy works; electricity for daily life and production, and drinking water that have been constructed in the resettlement area using investment funds from water resources and hydropower projects.

4. The content, time, and level of investment support specified in Clause 7 of Appendix II issued together with this Circular shall be implemented in accordance with Article 16 of Decision No. 64/2014/QĐ-TTg.

Article 9. Examination and Approval of the Project

1. The examination and approval dossier for the Project includes:

a) A report from the Provincial People's Committee;

b) A consolidated report on the Project after completion and receipt of comments from relevant provincial agencies (the content of the report is as prescribed in Clause 1, Article 8 of this Circular);

c) Documents reflecting the opinions of relevant provincial departments, sectors, and district People's Committees, and a report explaining the incorporation of these opinions by the project preparatory agency;

d) Various types of maps, including: socio-economic status maps of the resettlement area for water resource and hydropower projects at a scale of 1:25,000; investment and livelihood stabilization maps for the resettlement area of water resource and hydropower projects at a scale of 1:25,000; and accompanying numerical data appendices (if any);

2. The minimum number of examination dossiers: twenty (20) sets.

3. The examining and approving authority for the Project: The Ministry of Agriculture and Rural Development shall examine and submit to the Prime Minister for consideration and decision on approval of the Project in accordance with Article 18 of Decision No. 64/2014/QĐ-TTg.

4. The time limit for examining the Project is forty-five (45) working days from the date of receiving a valid dossier. In cases where the dossier is not valid, within five (5) working days from the date of receipt, the examining authority shall notify the investor in writing.

Article 10. Supervision of Implementation and Reporting on Implementation Results

Supervision of implementation and reporting on implementation results shall be carried out in accordance with Decree No. 113/2009/NĐ-CP dated December 12, 2009 of the Government on supervision and evaluation of investment and Circular No. 13/2010/TT-BKH dated June 2, 2010 of the Ministry of Planning and Investment on templates for supervision and evaluation reports.

Chapter III

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 11. Responsibility for organizing implementation

1. Responsibilities of agencies under the Ministry of Agriculture and Rural Development

a) The Department of Cooperative Economy and Rural Development assists the Minister in performing the following tasks:

- Examining investment projects to stabilize the lives and production of people after resettlement in water resource and hydropower projects;

- Tasks assigned by the Prime Minister in Clause 1, Article 19 of Decision No. 64/2014/QĐ-TTg.

b) The General Directorates of Forestry, Fisheries, Water Resources, and the Departments of Livestock, Crop Production, and Construction Management shall cooperate with the Department of Cooperative Economy and Rural Development to assist the Minister in performing the following tasks:

- Participating in the examination of investment projects to stabilize the lives and production of people after resettlement in water resource and hydropower projects;

- Participating in performing tasks assigned by the Prime Minister in Clause 1, Article 19 of Decision No. 64/2014/QĐ-TTg;

- Organizing inspections and guidance on the implementation process of the project in their respective specialized fields in localities.

2. Responsibilities of Provincial People's Committees

a) Implementing this Circular and tasks assigned by the Prime Minister in Articles 18 and 21 of Decision No. 64/2014/QĐ-TTg;

b) Directing relevant provincial departments, sectors, and localities to organize inspections and guidance on the implementation process of the Project in their respective specialized fields in the province;

c) Compiling periodic reports evaluating the results and issues encountered during the implementation of the Project every six months and annually, and ad hoc reports to be submitted to central ministries and sectors for review, and to the Prime Minister for consideration and decision.

Article 12. Effective Date

1. This Circular takes effect from July 25, 2015.

2. Repeal Circular No. 39/2011/TT-BNNPTNT dated May 24, 2011 of the Ministry of Agriculture and Rural Development on guiding the preparation of overall and detailed planning for relocation and resettlement and organizing agricultural, forestry, and fishery production and product processing and marketing in resettlement areas of water resource and hydropower projects.

3. During the implementation process, if any issues arise, localities shall report to the Ministry of Agriculture and Rural Development for review, adjustment, and supplementation./.