Decision No. 31/2008/QĐ-TTg on amending and supplementing certain provisions of the Regulation on compensation, support, and resettlement for the Son La Hydropower Project, issued together with Decision No. 02/2007/QĐ-TTg dated January 9, 2007 of the Government Prime Minister.

Pursuant to …;

Regarding the amendment and supplementation of certain provisions of the Regulations on Compensation, Support, and Resettlement for the Son La Hydropower Project, issued together with Decision No. 02/2007/QĐ-TTg dated January 9, 2007 of the Prime Minister

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PRIME MINISTER

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

Pursuant to Resolution No. 44/2001/QH10 of the 10th National Assembly at its 9th session on June 29, 2001 regarding the investment policy for the Son La Hydropower Plant project and Resolution No. 13/2002/QH11 of the 11th National Assembly at its second session on December 16, 2002 regarding the construction plan for the Son La Hydropower Plant project;

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. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State expropriates land;

Pursuant to Decision No. 02/2007/QĐ-TTg dated January 9, 2007 of the Prime Minister on the issuance of the Regulations on Compensation, Support, and Resettlement for the Son La Hydropower Project;

promulgates this Decree stipulating the environmental protection fees for mineral exploration and exploitation.

DECISION:

Article 1. Amending and supplementing certain provisions of the Regulations on Compensation, Support, and Resettlement for the Son La Hydropower Project, issued together with Decision No. 02/2007/QĐ-TTg dated January 9, 2007 of the Prime Minister, as follows:

1. Amend and supplement Clause 3 of Article 1 as follows:

"3. The effective date is the date this Decision takes effect.

Land users whose land is expropriated after the effective date of this Decision shall only be subject to these Regulations if they are legitimate households approved by the provincial People's Committee based on the proposal of the district People's Committee and confirmed by the commune People's Committee.

In cases where officials, civil servants, or public employees are transferred to work at locations where households must move to the resettlement site (the departure point) after the effective date of Decision No. 196/2004/QĐ-TTg dated November 29, 2004 of the Prime Minister approving the overall relocation and resettlement plan for the Son La Hydropower Project, and such individuals have assets attached to the land formed during their period of employment, they shall be compensated for those assets.

The provincial People's Committee shall specify the details based on the proposal of the district People's Committee and confirmed by the commune People's Committee."

2. Supplement Point d of Clause 6 of Article 10 as follows:

"d) For households being resettled who have agricultural land located above the flood level, if they move to a resettlement site far from their original place of production, the agricultural land at the original location will be expropriated, compensated for the loss of land, and allocated agricultural land at the resettlement site.

The area of agricultural land expropriated will be managed by local authorities according to current regulations.

The provincial People's Committee shall specify the details based on actual circumstances."

3. Supplement Points i and k of Clause 1 of Article 17 as follows:

"i) Households residing at the site whose land is expropriated and affected by water supply for the construction of centralized rural resettlement sites shall be supported for water supply investment like resettled households.
k) Households residing at the site whose land is expropriated and affected by electricity supply for the construction of centralized rural resettlement sites shall be supported for electricity supply investment like resettled households. Points i and k of Clause 3 of this Article replace Clauses 1 and 2 of Article 1 of Decision No. 141/2007/QĐ-TTg dated August 24, 2007 of the Prime Minister amending and supplementing certain provisions of the Regulations on Compensation, Support, and Resettlement for the Son La Hydropower Project, issued together with Decision No. 02/2007/QĐ-TTg dated January 9, 2007 of the Prime Minister.

The provincial People's Committee shall specify the level of support for the subjects mentioned in Points i and k of Clause 3 of this Article."

Article 2. This Decision shall take effect 15 days after its publication in the Official Gazette.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Heads of relevant agencies, Chairmen of the People's Committees of the provinces: Son La, Dien Bien, Lai Chau, Chairmen of the Board of Directors and General Directors of the Vietnam Electricity Corporation are responsible for implementing this Decision./.