Decision No. 34/2010/QD-TTg On the issuance of regulations on compensation, support, and resettlement for water conservancy and hydropower projects

DECISION

REGARDING THE ISSUANCE OF REGULATIONS ON COMPENSATION, SUPPORT, AND RELOCATION FOR HYDROPOWER AND IRRIGATION PROJECTS

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 Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and relocation when the State requisitions land;
Pursuant to Decree No. 84/2007/NĐ-CP dated May 25, 2007 of the Government providing additional regulations on issuing Land Use Right Certificates, requisitioning land, exercising land use rights, procedures for compensation, and resolving complaints related to land;
Pursuant to Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government on additional provisions regarding land use planning, land prices, land recovery, compensation, support, and resettlement;
Considering the proposal of the Minister of Agriculture and Rural Development (memorandum No. 4347/TTr-BNN-KTHT dated December 29, 2009),

DECISION:

Article 1. This Decision promulgates Regulations on Compensation, Support, and Relocation for Hydroelectric and Irrigation Projects.

Article 2. This Decision takes effect from June 1, 2010.

Article 3. The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees under the Central Government shall be responsible for implementing this Decision./.

 

REGULATIONS

ON COMPENSATION, SUPPORT, AND RELOCATION FOR HYDROPOWER AND IRRIGATION PROJECTS
(Pursuant to Decision No. 34/2010/QĐ-TTg dated April 8, 2010 of the Prime Minister)

Chapter 1.
GENERAL PROVISIONS

Article 1. Scope and Objectives  

1. Scope

a) These provisions apply to compensation, support, and relocation for hydroelectric and irrigation projects except those utilizing Official Development Assistance (ODA) funds;

b) In addition to the contents stipulated herein, compensation, support, and relocation shall also be implemented according to the provisions of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on Compensation, Support, and Relocation when the State requisitions land (hereinafter referred to as Decree No. 197/2004/NĐ-CP); Decree No. 17/2006/NĐ-CP dated January 27, 2006 of the Government on Amending and Supplementing Certain Provisions of Decrees Guiding the Implementation of the Land Law and Decree No. 187/2004/NĐ-CP on the Transformation of State-Owned Enterprises into Joint Stock Companies; Decree No. 84/2007/NĐ-CP dated May 25, 2007 Providing Additional Regulations on Issuing Land Use Right Certificates, Requisitioning Land, Exercising Land Use Rights, Procedures for Compensation, Support, and Relocation when the State Requisitions Land and Resolving Complaints Related to Land (hereinafter referred to as Decree No. 84/2007/NĐ-CP); Decree No. 69/2009/NĐ-CP dated August 13, 2009 Providing Additional Regulations on Land Use Planning, Land Prices, Requisitioning Land, Compensation, Support, and Relocation (hereinafter referred to as Decree No. 69/2009/NĐ-CP) and other relevant current regulations.

2. Applicability: organizations, households, individuals, and community groups whose land is requisitioned (in reservoir areas, dam construction sites, main structures, auxiliary structures, and resettlement areas) and who suffer losses due to immovable property attached to the requisitioned land (collectively referred to as persons whose land is requisitioned) for the implementation of hydroelectric and irrigation projects.

Article 2. Explanation of Certain Terms

1. Project area for hydroelectric and irrigation projects is the flooded reservoir area, dam construction site, main structure, auxiliary structure, and resettlement area.

2. Resettled household is a household (including single-person households or households with two or more members) and organizations operating in accordance with Vietnamese law within the hydroelectric and irrigation project area that are directly affected and must move to new residences.

3. Concentrated resettled household is a resettled household relocated to a new location to form a new residential point.

4. Intermingled resettled household is a resettled household relocated to intermingle with local households within a residential point.

5. Voluntary resettled household is a resettled household that voluntarily moves to a new residence together with local households within a residential point.

6. Resettlement point is a residential point constructed according to planning to accommodate resettled residents.

7. Resettlement area is a designated area to accommodate two or more resettlement points.

Article 3. General Principles for Compensation, Support, and Resettlement

1. Ensuring that resettled people have stable housing and living conditions, opportunities to develop production, increase income, gradually improve infrastructure; their material and spiritual cultural life is better than before, ensuring long-term stability, contributing to promoting economic and social development and national defense security in the locality.

2. Ensuring harmony of interests between resettled people and local residents; the implementation process ensures democracy, transparency, fairness, clarity of objectives, correct target groups, and effectiveness.

Chapter 2.
COMPENSATION FOR DAMAGE TO LAND

Article 4. Principles of Compensation

1. Land users whose land is expropriated for hydropower and irrigation projects shall be compensated for losses in accordance with Articles 14 and 16 of Decree No. 69/2009/NĐ-CP.

2. Handling differences in land value between the place of departure and the place of arrival

a) If the value of residential and production land allocated is lower than the value of residential and production land expropriated, the resettled household shall receive the difference in value;

b) If the value of residential and production land allocated is higher than the value of residential and production land expropriated, the resettled household shall not have to pay the additional difference in value.

3. Other cases

a) For partially submerged land: partially submerged land within the reservoir formed after the dam is built belongs to the communal land fund managed and used according to current laws;

b) In cases where a resettled household has production land at a location above the flood level, moving to a resettlement site far from the original production site, the production land at the old residence will be expropriated and compensated according to Clause 1 of this Article.

The area of production land expropriated shall be managed and used by local authorities according to current regulations;

c) In cases where state-owned protective forests and special-use forests are transferred to organizations for management, which then sublet them to other organizations, households, or individuals for forest regeneration, care, protection, or planting using state budget funds under lease contracts, when the state expropriates the land, households or individuals shall not be compensated for the land but shall be compensated for crops on the land. The compensation amount is equivalent to the share of products distributed as stipulated in Circular Joint No. 80/2003/TTLT/BTC-BNNPTNT dated September 3, 2003, issued by the Ministry of Finance and the Ministry of Agriculture and Rural Development guiding the implementation of Decision No. 178/2001/QĐ-TTg dated November 12, 2001, of the Prime Minister regarding the rights and obligations of households and individuals granted, leased, or contracted forest land and forestry land.

The provincial People's Committee shall specify these provisions based on actual circumstances.

Article 5. Area of Land for Compensation Calculation

1. In cases where the person whose land is expropriated has legal documents clearly identifying the area of use and meeting the conditions for land damage compensation, the compensation shall be calculated based on the area of land expropriated.

2. In cases where the person whose land is expropriated meets the conditions for land damage compensation but the documents do not clearly identify the area of land use, the area for compensation calculation shall be based on the confirmation record signed by the commune authority, the Chairman of the Land Compensation and Relocation Committee, and the land user.

The area of land for compensation calculation shall be specified by the provincial People's Committee based on planning and local land allocation limits.

Chapter 3.
COMPENSATION FOR DAMAGE TO PROPERTY

Article 6. Compensation for Housing and Construction Works on Land Accompanying Housing

1. Households subject to relocation under Clause 2, Article 1 of this Regulation shall be compensated for damages to housing, ancillary works, and architectural structures accompanying housing in accordance with Article 24 of Decree No. 69/2009/NĐ-CP.

2. Households and individuals who lease land for forest protection and regeneration (excluding special-use forests) and have constructed temporary shelters on leased land with written consent from the lessor and registration with the People's Committee of the commune where the land is located shall be entitled to compensation. The area for compensation shall not exceed 200 square meters.² floor.

Article 7. Compensation for Damages to Public Works

1. Public works constructed with state budget funds that suffer damage but are not required to be rebuilt at the new location according to planning shall not be compensated; however, if public works were built with the participation of labor, materials, and money from the people, the provincial People's Committee shall decide on specific compensation levels.

2. Public works constructed with collective funds or contributions from the people shall be compensated for damages. The level of compensation shall be implemented in accordance with Clause 1 of Article 6 of this Regulation.

3. Localities that do not need to relocate or only partially relocate, suffering partial or total damage to infrastructure systems, shall be improved, upgraded, or newly constructed infrastructure facilities by the Project Investor in accordance with planning to ensure service for production and living needs of the people.

Article 8. Compensation for Damage to Crops and Livestock

1. The level of compensation for annual crops shall be carried out in accordance with Clause 1 of Article 24 of Decree No. 197/2004/NĐ-CP.

2. Compensation for damage to perennial crops:

a) For perennial crops that can be moved to the resettlement site, compensation for moving costs and replanting costs shall be provided. The maximum level of compensation shall not exceed the cost of planting a new orchard.

b) For perennial crops with a basic construction period for the orchard and annual harvests over many years (production and business period), compensation shall be as follows:

- Orchards in the basic construction period: compensation for the actual investment cost of constructing the orchard (including planting and maintenance costs) up to the time of compensation.

- Orchards in the production and business period: compensation for income from the orchard calculated as the average income of the last three years of the orchard (production and business period) multiplied by the remaining number of years in the production and business period of the orchard.

After receiving compensation, households continue to harvest products until the project officially recovers the land for use.

c) The provincial People's Committee shall specify the specific compensation levels mentioned in Clause 2 of this Article.

3. Compensation for planted forests

a) Households allocated land and self-funded forest planting: the level of compensation for planted forests shall be calculated by multiplying the planting area by the planting unit price, plus the investment cost for caring for and protecting the forest from planting to the time the compensation plan is approved;

b) Households planting and caring for forests for organizations under contracts shall be compensated in accordance with point c, Clause 3, Article 4 of this Regulation;

c) For production forests reaching the harvesting period, the forest owner shall harvest them without requiring compensation.

4. Livestock (on land with water surfaces) shall be compensated in accordance with Clause 5, Article 24 of Decree No. 197/2004/NĐ-CP.

Chapter 4.
SUPPORT POLICIES

Article 9. Support for Building Housing

Households resettled in concentrated areas, intermixed areas, or original households whose residential land was expropriated to construct resettlement areas, in addition to the compensation received for losses related to housing, ancillary structures, and attached architectural features at the old location pursuant to Article 6 of this Regulation, shall also be supported with funds to build housing. The support level for each legitimate household member is equivalent to the cost of constructing 5 square meters. The structure for calculating the support level is a fourth-grade house (according to the criteria of the Ministry of Construction).² The specific support level is determined by the People's Committee of the province.

Article 10. Support for Stabilizing Livelihoods

1. Food Support

a) Each legitimate household member belonging to a household whose entire residential and production land has been expropriated and must relocate shall receive food support for a period of 48 months.

b) Households whose agricultural production land area ranging from 30% to 70% has been expropriated shall receive food support for a period of 24 months; households whose agricultural production land area exceeding 70% has been expropriated shall receive food support for a period of 36 months.

c) The support level for each household member as stipulated in points a and b of this clause is calculated in monetary terms equivalent to 30 kilograms of rice per person per month. The price of rice is based on the average price at the time of support in the locality.

2. Health Care Support

Each legitimate household member of a resettled household shall receive health care support once to prevent diseases at the new residence. The support level is 30,000 VND per person. In cases where there are fluctuations in drug prices, the People's Committee of the province shall specify the support level.

3. Education Support

Each student of resettled households at all levels of general education shall receive financial support equivalent to the cost of one set of textbooks; tuition fees will not be charged for the first year of study at the new residence, and contributions for school construction will be waived for three consecutive years starting from the first day of study at the new residence.

4. Lighting Support

Each legitimate household member of a resettled household shall receive lighting support for the first year (starting from the date of moving to the new residence). The support level is equivalent to 1.5 liters of kerosene per person per month.

5. Fuel Support

Each legitimate household member of a resettled household shall receive fuel support for the first year (starting from the date of moving to the new residence). The support level is equivalent to 3 liters of kerosene per person per month.

6. The People's Committee of the province shall specify the specific support levels mentioned in this Article.

Article 11. Production Support

1. Crop Cultivation Support:

a) For annual crops, full funding for purchasing new seeds, chemical fertilizers, and pesticides for two planting seasons shall be provided. The support level is calculated based on the allocated production land area and the type of crop according to the plan;

b) For perennial crops and industrial crops, 20-50% of investment costs, including seeds, planting labor, maintenance labor, chemical fertilizers, and pesticides, shall be supported. The support level does not exceed 1 hectare per household and follows the technical procedures for each type of crop according to the plan.

2. Livestock Rearing Support: Resettled households shall receive one-time financial support to purchase two normal piglets weighing 10 kg each and one local beef calf aged ten months.

3. Plantation Forest Production Support: In addition to the support level specified in Decision No. 147/2007/QĐ-TTg dated September 10, 2007, of the Prime Minister regarding "Certain Policies for Developing Plantation Forests for the Period 2007-2015," resettled households shall also receive 50% of the investment cost for planting forests (for one production cycle of acacia trees from 5 to 7 years). The support level does not exceed 2 hectares per household.

4. Resettled households shall be trained, guided in technical skills, and supported in building models for planting various types of crops and raising livestock according to approved production plans. The support level shall be implemented according to Circular No. 102/2007/TTLT/BTC-BLĐTBXH dated August 20, 2007, of the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs.

5. The People's Committee of the province shall specify the specific support levels mentioned in this Article.

The People's Committee of the province shall specify the specific support levels as provided for in this Article.

Article 12. Other Support

1. Resettlement households shall be supported for visiting the resettlement site, including: transportation costs, food, and accommodation during the visit.

2. Financial support for procedures to leave the old house and receive the new one: the level of support is 300,000 VND per household (supported once).

3. Encouragement for early relocation: households that relocate according to the plan and progress announced by the Compensation Council shall be rewarded with a one-time cash bonus not exceeding 5,000,000 VND per household.

4. Support for policy families: households with members receiving social allowances from the State as stipulated in Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government and related regulations shall be supported once at a level of 2,000,000 VND per person receiving the allowance.

5. For ethnic minorities without the custom of relocating graves, financial support for traditional spiritual ceremonies shall be provided once. The specific level of support shall be determined by the People's Committee of the province.

Chapter 5.
RESettLEMENT

Article 13. Planning for Resettlement  

1. Projects on compensation, displacement, and resettlement implemented in two or more districts or having a scale of resettlement households of 300 or more (including both departure and arrival locations) must establish a general planning for displacement and resettlement before detailed planning.

2. Projects on compensation, displacement, and resettlement implemented in one district or having a scale of resettlement households under 300 only need to establish detailed planning for resettlement sites.

3. General and detailed planning for displacement and resettlement must ensure the following requirements:

a) Consistency with the overall planning for economic and social development, industry-specific planning for each region and locality;

b) Ensuring sufficient land for production for households resettled whose main income comes from agricultural production, in accordance with the minimum area of production land as stipulated in Clause 1, Article 2 of Decision No. 134/2004/QĐ-TTg dated July 20, 2004, and Points b and c, Article 3 of Decision No. 198/2007/QĐ-TTg dated December 31, 2007 of the Prime Minister;

c) Having sufficient water resources for production and daily life, and ensuring environmental sanitation in the resettlement areas and sites;

d) Planning and constructing residential areas in accordance with the objectives of building new rural areas as stipulated in Decision No. 491/QĐ-TTg dated April 16, 2009 of the Prime Minister on "Issuing National Criteria for New Rural Areas" and the customs and traditions of each ethnic group.

Article 14. Establishment and Implementation of Resettlement Projects

1. Based on the general planning, detailed planning for displacement and resettlement, and the approved land use planning and plans, the project investor has the responsibility to establish and organize the implementation of resettlement projects.

2. The establishment of investment projects for constructing resettlement areas and sites shall be carried out in accordance with current regulations on investment management and construction and related regulations.

3. The allocation of households to live in resettlement sites shall be carried out after the essential infrastructure works have been completed, ensuring sufficient production land and water for production and daily life for resettlement households.

Article 15. Allocation of Land to Resettlement Households

1. Residential Land

a) Resettlement households moving to concentrated rural resettlement sites shall be allocated land for housing suitable to local customs. The specific level of residential land allocation shall be decided by the provincial People's Committee;

b) Resettlement households moving to urban resettlement sites shall be allocated one plot of residential land at the resettlement site; the provincial People's Committee shall specify the specific level of residential land area allocated to resettlement households. In cases where urban resettlement sites have plans for constructing apartment buildings, resettlement households shall be allocated apartments.

2. Production Land

a) Resettlement households shall be allocated production land, with the level of land allocation depending on the land fund of each resettlement site but must meet the minimum requirement as stipulated in Point b, Clause 3, Article 13 of this Regulation.

b) For resettlement sites with potential for production land through reclamation, the project investor shall allocate production land for resettlement households to reclaim and develop according to the approved project.

3. Resettlement households shall be issued Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land; they shall exercise other rights and obligations in accordance with the law.

4. Costs for surveying and preparing cadastral documents for compensation, land recovery, land allocation, and issuance of Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land for resettlement households shall be carried out in accordance with current laws on land. The expenses for these tasks shall be included in the total investment cost of the project.

Article 16. Construction of rural resettlement areas and sites

1. Households receiving compensation for damage to houses and structures on land that dismantle, install, and construct within allocated plots according to detailed resettlement planning approved by competent authorities shall self-demolish, reinstall, and construct. For households not receiving compensation but requesting the project investor to build housing, the investor is responsible for constructing houses and structures according to approved models in the resettlement project; when approving house models, opinions of resettled households must be solicited.

2. Investment in construction of infrastructure and public welfare facilities at resettlement areas and sites shall be carried out in accordance with new rural construction standards set by relevant ministries and sectors.

Article 17. Construction of urban resettlement sites

The construction of housing for resettled households, infrastructure, and public works in concentrated urban resettlement areas and office premises of organizations shall be implemented according to overall urban planning and detailed resettlement site planning for urban areas approved by competent authorities.

Article 18. Management and handover of resettlement areas and sites

All infrastructure and public works constructed in resettlement areas and sites shall be handed over to organizations and localities for self-management and use in accordance with current regulations.

Chapter 6.
IMPLEMENTATION

Article 19. Responsibilities of Provincial People's Committees

1. Entrust the People's Committee of the province to act as the main investor of the compensation and resettlement projects under water conservancy and hydropower construction projects within the provincial territory. The People's Committee of the province will directly act as the main investor of each project based on its specific scale or delegate to specialized departments or district levels to act as the main investors.

2. Based on the contents of this Regulation and local conditions, specify the details of matters within their authority and responsibility for their decisions.

3. Guide and organize the implementation of compensation, support, and construction of resettlement areas for water conservancy and hydropower projects in accordance with this Regulation.

4. Develop planning and plans for relocation and resettlement of people affected by water conservancy and hydropower projects within the provincial territory.

5. Direct all sectors and levels of local government within the province to implement tasks stipulated in Articles 43, 44, and 45 of Decree No. 197/2004/NĐ-CP.

6. Organize propaganda and mobilization to ensure strict compliance with policies in this Regulation to guarantee the progress of investment and construction projects for water conservancy and hydropower.

7. Direct and implement the integration of existing programs and projects in the area to develop the economy and society in resettlement areas.

8. Closely cooperate with the main investors of water conservancy and hydropower projects in organizing the implementation of compensation, relocation, and resettlement.

Article 20. Responsibilities of Central Ministries and Sectors

1. The Ministry of Agriculture and Rural Development:

a) As the leading state management agency for relocation and resettlement work of water conservancy and hydropower projects nationwide; coordinate with related ministries and sectors to guide provincial People's Committees:

- To develop comprehensive and detailed planning for relocation and resettlement to submit for approval by competent authorities.

- To organize agricultural, forestry, and fishery production development linked with product processing and consumption in resettlement areas;

b) Summarize the recommendations from ministries, sectors, and localities during the implementation of this Regulation; study, adjust, and supplement provisions to fit actual conditions and report to the Prime Minister for consideration and decision;

c) Inspect and supervise the implementation of compensation, support, and resettlement in localities.

2. The Ministry of Planning and Investment:

a) Lead and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development to balance and allocate state budget funds for relocation and resettlement projects using state budget funds according to annual plans;

b) Guide, inspect, supervise, and evaluate investments during the implementation of relocation and resettlement projects in localities;

3. Ministry of Finance:

a) Coordinate with the Ministry of Planning and Investment to allocate state budget funds for relocation and resettlement projects using state budget funds according to annual plans;

b) Guide the transfer of compensation, relocation, and resettlement funds managed by hydropower and water conservancy project investors to the main investors of relocation and resettlement projects for management and use;

c) Guide and inspect the management and use of relocation and resettlement funds, ensuring the issuance, settlement, and final accounting of funds in accordance with current regulations.

4. The Ministry of Industry and Trade: guide and inspect the development planning of industry and small-scale handicrafts linked with agricultural and forestry product production and processing in resettlement areas.

5. The Ministry of Construction: guide and inspect the implementation of planning for the construction of rural and urban resettlement sites, housing construction, and new rural construction; regarding standards, norms, and budgets for construction works in resettlement areas.

6. The National Ethnic Committee coordinates with ministries, sectors, and localities to promote and mobilize ethnic minorities to strictly comply with Party and State policies; inspect the implementation of ethnic policies in resettlement areas.

7. The Ministry of Natural Resources and Environment: guide and inspect the establishment of land administration files, land recovery, allocation, and issuance of land use rights certificates, ownership certificates of houses and other assets attached to land for resettled households in accordance with characteristics and conditions of resettlement areas for water conservancy and hydropower projects.

8. The Ministry of Labor, Invalids, and Social Affairs: lead and coordinate with related ministries and sectors to propose mechanisms and policies to the Prime Minister for solving employment and vocational training for those whose agricultural land has been recovered and who have changed professions.

9. Investors of water conservancy and hydropower projects: closely cooperate with the People's Committee of the province where the project is located to effectively implement the project; ensure sufficient and timely funding for compensation, support, and resettlement work of projects in localities.

Article 21. Responsibilities of organizations, households, and individuals whose land is being reclaimed

Organizations, households, and individuals who are subjects for compensation and resettlement in hydropower and irrigation projects shall strictly comply with this Regulation and relevant current regulations; participate in inspecting and supervising the implementation of compensation, support, and resettlement./.