Circular No. 34/2011/TT-BNNPTNT guiding the preparation, examination, and approval of detailed resettlement planning for the Lai Chau Hydropower Project relocation areas.

CIRCULAR

Guidelines for the preparation, review, and approval of detailed resettlement plans for the Lai Chau Hydropower Project

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development and Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;

Pursuant to Decision No. 819/QD-TTg dated June 7, 2010 of the Prime Minister approving the investment project for the construction of the Lai Chau Hydropower Plant;

Pursuant to Decision No. 188/QD-TTg dated January 29, 2011 of the Prime Minister on the issuance of management mechanisms and implementation of the Lai Chau Hydropower Project;

Pursuant to Decision No. 193/QD-TTg dated January 30, 2011 of the Prime Minister approving the overall relocation and resettlement plan for the Lai Chau Hydropower Project;

The Ministry of Agriculture and Rural Development hereby issues guidelines for the preparation, review, and approval of detailed resettlement plans for the Lai Chau Hydropower Project as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These guidelines apply to the preparation, review, and approval of detailed plans for all concentrated rural resettlement areas of the Lai Chau Hydropower Project.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Detailed resettlement plans for concentrated rural resettlement areas (hereinafter referred to as detailed plans) are part of the overall relocation and resettlement plan for the Lai Chau Hydropower Project approved by the Prime Minister in Decision No. 193/QD-TTg dated January 30, 2011;

For scattered relocation and voluntary relocation, compensation, support, and resettlement policies for the Son La Hydropower Project and Decision No. 34/2010/QD-TTg dated April 8, 2010 of the Prime Minister on regulations for compensation, support, and resettlement for water conservancy and hydropower projects shall be applied. Detailed plans for urban resettlement areas shall comply with the general urban planning and detailed urban resettlement area plans approved by competent authorities.

Organizations and individuals involved in the preparation, review, approval, and management of detailed plans for concentrated rural resettlement areas of the Lai Chau Hydropower Project must comply with these guidelines and other relevant legal documents.

Article 2. Principles for preparing detailed plans

Consistent with the overall relocation and resettlement plan for the Lai Chau Hydropower Project approved by the Prime Minister in Decision No. 193/QD-TTg dated January 30, 2011;

Detailed plans must align with the socio-economic development direction of communes and districts within the resettlement area of the Lai Chau Hydropower Project; new rural commune-level construction plans, and conform to the customs and traditions of each ethnic group;

Adequate land for housing and production, water for daily use and production, infrastructure facilities in resettlement areas, and ensure ecological sustainability.

Article 3. Procedures for preparing, reviewing, and approving detailed plans in the following steps:

1. Prepare the planning task outline and budget estimate for implementing detailed plans as stipulated in Article 6, Chapter II of this Circular;

2. Prepare detailed plans as stipulated in Article 7, Chapter II of this Circular;

3. Organize public consultation on the content of detailed plans as provided in Article 8, Chapter II of this Circular;

4. Organize reviews and submit detailed plans to competent authorities for approval as provided in Article 9, Chapter II of this Circular;

5. Publicize and disclose detailed plans as provided in Point d, Clause 1, Article 10, Chapter III of this Circular.

Article 4. Detailed Planning Price

The unit price for preparing the outline of detailed planning shall be applied according to the current unit price of the Ministry of Planning and Investment and relevant documents of other Ministries and Sectors regarding cost norms for preparing, reviewing, and adjusting overall socio-economic development plans, sectoral plans, and major product plans;

The unit price for preparing detailed planning shall be applied according to the current unit price of the Ministry of Agriculture and Rural Development and relevant documents of other Ministries and Sectors;

For surveying, mapping, boundary marking for lots, and other types of work not specified in the above documents, the People's Committee of the province shall determine the unit price suitable for the actual conditions of each resettlement area during implementation.

Chapter II

CONTENTS OF PREPARATION, REVIEW, AND APPROVAL OF DETAILED PLANNING FOR RESettLEMENT AREAS

Article 5. Basis for Preparing Detailed Planning

Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government on additional provisions concerning land use planning, land prices, land recovery, compensation, support, and resettlement;

Decision No. 193/QD-TTg dated January 30, 2011 of the Prime Minister approving the overall relocation plan for the Lai Chau Hydropower Project;

Decision No. 02/2007/QD-TTg dated January 9, 2007 on the issuance of regulations on compensation, support, and resettlement for the Son La Hydropower Project and subsequent decisions amending and supplementing Decision No. 02/2007/QD-TTg dated January 9, 2007; Decision No. 34/2010/QD-TTg dated April 8, 2010 of the Prime Minister on the issuance of regulations on compensation, support, and resettlement for water conservancy and hydropower projects;

Orientation for socio-economic development planning of communes and districts related to resettlement areas; rural development planning.

Article 6. Preparation of Detailed Planning Outline

Field Survey: Determine location, collect data on natural and socio-economic conditions in the area, assess the capacity of the resettlement area to accommodate relocated households and local households (if any), and unify these findings in writing with the district, commune, and village authorities where people are moving from and to;

Based on the survey results, prepare the detailed planning outline and budget estimate according to regulations and submit for approval by the competent authority.

Article 7. Contents of Detailed Planning

Based on the approved detailed planning outline and budget estimate by the competent authority, organize the implementation of detailed planning with the following contents:

1. Determine the location, boundaries, scale, and relationship between resettlement areas and the socio-economic development of the local commune and district;

2. On the basis of investigation and survey results, comprehensively evaluate the current natural and socio-economic conditions of the general planning report, conduct supplementary surveys at resettlement points, including the following contents:

a) Natural Conditions: Meteorology, hydrology; topography, geology; soil types; water sources, quality of water for daily use and production;

b) Current Socio-Economic Conditions:

- Land management and utilization situation for agricultural, forestry, and aquaculture; non-agricultural land and unused land;

- Production situation: agriculture (crop cultivation, animal husbandry); forestry (special-use forests, protective forests, productive forests, natural forests, planted forests); aquaculture and other industries;

- Technical infrastructure (transportation, irrigation, drinking water, electricity) and social infrastructure (schools, health clinics, cultural houses, administrative offices, sports facilities, trade, and services);

- Population and population distribution: number of villages and hamlets; population (number of households, individuals, and projected population growth); ethnic composition; customs and traditions;

- Level of education (literacy rate, school attendance ratio...) and living conditions (annual household income, poverty rate %).

Determining the location, boundaries, scale, and relationship between resettlement areas and the current socio-economic development and natural conditions of the local commune and district shall be reflected on a map at a scale of 1:10,000 or 1:25,000.

3. Assessment of Damage at the Place of Relocation: Damage to land; damage to housing, ancillary structures, and attached architectural works for relocated households; damage to crops and livestock; damage to infrastructure, public works, cultural and historical sites; damage to organizational works and architectural structures...

4. Detailed Planning Scheme

a) Land Use Planning Scheme:

- Determine the location and total area of various types of land in the detailed planning including: residential land; agricultural land; forestry land; aquaculture land; specialized land; land with potential for reclamation for production, reserve land, and other types of land; average area per type of land for relocated households and affected local households (if any), but must ensure the minimum standard according to current policy;

- The land use planning scheme for resettlement areas shall be reflected on the socio-economic development planning map of resettlement areas at a scale of 1:10,000 or 1:25,000 (the area of each type of land is determined on the map by multiplying the planned land area by the terrain coefficient according to regulations).

b) Scheme for Arranging Residential Points in Resettlement Areas

- Determine the location, land area, capacity to accommodate relocated households, and other socio-economic indicators for resettlement points; residential and garden land for relocated households and affected local households (if any) according to current policy, and land for constructing technical and social infrastructure within the resettlement point;

- Develop a spatial layout plan for resettlement points ensuring consistency such as: arrangement of housing, gardens, and ancillary structures, technical infrastructure, and social infrastructure within the resettlement point;

- Develop a compensation and land clearance plan: inventory of losses, compensation value, and support when clearing land for construction of resettlement areas, and identify the number of local households affected that need to be resettled.

The resettlement area population planning shall be reflected on a map with a scale of 1/500.

c) Planning scheme for infrastructure works:

The construction planning of infrastructure structures in the resettlement areas of the Lai Chau Hydropower Project must determine the number of works, the level of works, the scale and route of works; estimate the investment capital; investment phases; construction schedule consistent with current State regulations, including the following works:

- Infrastructure structures in the resettlement areas include:

+ Transportation (within the resettlement area, within the fields); irrigation; production and living electricity; production and living water; drainage and environment; cemetery, graveyard...;

+ Public works: schools, kindergartens, cultural houses, health stations, radio stations, post offices, television stations, sports grounds; marketplaces (if applicable);

+ Service production and marketing works: agricultural extension stations, forestry extension stations, seedling production bases, purchasing and processing centers;

- Regional, inter-area, and resettlement area infrastructure planning works include: transportation, irrigation, drinking water, electricity (if applicable);

d) Development planning scheme for production:

- Agricultural, forestry, and aquaculture production:

+ Accurately determine the area of each type of production land transferred by local households and land capable of being reclaimed that has been planned in the resettlement area to allocate to relocated households, including: paddy fields; upland rice fields; short-term crop land; long-term crop land; aquaculture land; production forest land; protective forest land, reserve land. At the same time, determine the average land area for relocated households for each type of production land;

+ Develop production development schemes, including: crop cultivation, animal husbandry, aquaculture; propose income per capita plans for relocated households and affected local households.

Agricultural and aquaculture production land planning in the resettlement area shall be reflected on a map with a scale of 1/2,000; Forestry production land planning (if applicable) in the resettlement area shall be reflected on a map with a scale of 1/5,000 to 1/25,000. The surveying and mapping area is determined by multiplying the planned production land area allocated to relocated households by the terrain coefficient according to regulations.

- Other economic sectors (industry, small-scale industry, construction, services, trade):

+ Determine the need for industrial and small-scale industrial development, construction, services, production, and trade (scale, quantity, type);

+ Develop plans for industrial and small-scale industrial development, construction, services, and trade. Solutions regarding capital sources, investment encouragement policies, and implementation organization.

5. Estimate total investment, funding sources, and implementation schedule

a) Estimate total investment for the resettlement area:

- Compensation costs for land, property, and crops at the place of departure and arrival;

- Investment support costs for relocation according to current policy (including production development support);

- Investment costs for constructing infrastructure in the resettlement area and regional, inter-area, and resettlement area works (including compensation and land clearance costs for construction);

- Other costs;

- Contingency.

b) Investment funds: capital from Vietnam Electricity Corporation.

c) Expected construction schedule for the resettlement area and the construction schedule for each project component consistent with and meeting the overall schedule of the Lai Chau Hydropower Project construction.

d) Investment phase division.

6. Preliminary assessment of the economic and social effectiveness of investing in the construction of the resettlement area:

- Economic effectiveness: socio-economic development indicators;

- Social effectiveness: income, employment, healthcare, education, culture, security, defense;

- Environmental impact: forest protection, water sources, improvement of rural sanitation conditions.

7. Products of Detailed Planning

a) Comprehensive report explaining the Detailed Planning;

b) Types of maps:

- Current socio-economic map of the resettlement area, scale 1/25,000;

- Socio-economic development planning map of the resettlement area, scale 1/10,000 or 1/25,000;

- Detailed planning map of residential areas, scale 1/500;

- Detailed planning map of agricultural production land use in the resettlement area, scale 1/2,000;

- Forest land use planning map in the resettlement area, including:

+ Forest planting planning map, scale 1/10,000 (if applicable);

+ Forest enclosure and protection planning map, scale 1/10,000 or 1/25,000 (if applicable);

+ Production forest allocation planning map for relocated households, scale 1/5,000 (if applicable).

c) Appendices:

- Tables of compensation losses at the place of departure and arrival (by household);

- Tables of comprehensive data on current land and infrastructure status (at the place of departure and arrival);

- Table of statistics on component projects within the resettlement area and regional, inter-area, and resettlement area works.

Article 8. Soliciting Participation in the Detailed Planning File

The investor shall take the lead and cooperate with the consulting unit to publicly present the detailed planning at the departure and destination locations, and organize the solicitation of participation opinions from the district, commune, and village authorities at the departure and destination locations regarding the contents of the detailed planning file that has been established, through public meetings and have a unified record on the planning scheme;

Based on the results of the public meetings recorded in the unified records of the planning scheme, the investor and the consulting unit shall complete the file and submit it for review and approval by the competent authority.

Article 9. Submitting for Review and Approval of the Detailed Planning

The investor shall prepare a Petition and submit it to the Provincial Appraisal Council to conduct a review of the detailed planning according to the provisions of Decree No. 92/2006/NĐ-CP dated September 7, 2006, issued by the Government, and other relevant legal regulations;

Based on the results of the detailed planning review conducted by the Provincial Appraisal Council, the investor shall cooperate with the consulting unit to complete the file; the Provincial Appraisal Council shall submit the detailed planning for approval by the Chairman of the Provincial People's Committee according to their authority.

Chapter III

IMPLEMENTATION

Article 10. Responsibilities of Local Authorities and Relevant Agencies

1. Lai Chau Provincial People's Committee

In accordance with this Circular and other current regulations related to guiding the specific content of establishing, reviewing, and approving detailed planning for resettlement areas of the Lai Chau Hydropower Project in line with the actual conditions of each resettlement area;

Organize the implementation of establishing, reviewing, and approving detailed planning in accordance with the contents stipulated in this Circular and other current regulations related;

Establish the Provincial Appraisal Council, conduct the review of detailed planning; approve detailed planning within their authority;

Direct the investor to coordinate with the district and commune authorities to announce and publicize the detailed planning that has been approved by the Provincial People's Committee.

2. Department of Cooperative Economy and Rural Development: take the lead and cooperate with relevant agencies under the Ministry to assist the Ministry of Agriculture and Rural Development in organizing inspections and guidance on the implementation of establishing, reviewing, and approving detailed planning for resettlement areas of the Lai Chau Hydropower Project according to the provisions of this Circular and other current regulations related.

Article 11. Implementation Provisions

This Circular shall take effect 45 days from the date of signature;

During the implementation process, if there are any difficulties, the Lai Chau Provincial People's Committee shall report to the Ministry of Agriculture and Rural Development for consideration and resolution in accordance with the regulations./.