Circular No. 39/2011/TT-BNNPTNT guides the development of overall and detailed resettlement plans and the organization of agricultural, forestry, and fisheries production linked to product processing and consumption in resettlement areas for hydropower and irrigation projects.

CIRCULAR

Guidelines for developing overall planning and detailed planning on relocation and resettlement and organizing agricultural, forestry, and fisheries production development linked with product processing and consumption

resettlement and organization in resettlement areas of hydropower and hydroelectric projects

processing and consumption of products resettlement areas for hydropower and irrigation projects

 

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

Pursuant to Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on the establishment, approval, and management of overall socio-economic development planning; Decree No. 04/2008/NĐ-CP dated February 4, 2008 amending and supplementing certain articles of Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on the establishment, approval, and management of overall socio-economic development planning;

Pursuant to Decision No. 34/2010/QĐ-TTg dated April 8, 2010 of the Prime Minister promulgating regulations on compensation, support, and resettlement for hydropower and hydroelectric projects;

The Ministry of Agriculture and Rural Development guides the development of overall planning and detailed planning on relocation and resettlement and organizing agricultural, forestry, and fisheries production development linked with product processing and consumption in resettlement areas of hydropower and hydroelectric projects as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the procedures, contents, establishment, review, and approval of overall planning and detailed planning on relocation and resettlement and organizing agricultural, forestry, and fisheries production development linked with product processing and consumption in resettlement areas of hydropower and hydroelectric projects within the territory of Vietnam.

Article 2. Applicability

This Circular applies to organizations and individuals within the country related to relocation and resettlement work and organizing agricultural, forestry, and fisheries production development in resettlement areas of hydropower and hydroelectric projects.

Chapter II

OVERALL PLANNING AND DETAILED PLANNING ON RELOCATION AND RESettLEMENT

Article 3. Steps for research and preparation of relocation and resettlement planning

1. Relocation and resettlement planning is conducted through the following steps:

a) Step 1: Overall relocation and resettlement planning to determine in detail the number of households relocated and resettled; volume, damage to land and property attached to land; resettlement zones and points; forms of relocation and resettlement; volume and scale of infrastructure construction projects in resettlement zones and points; total funding requirements for compensation, support, and resettlement;

b) Step 2: Detailed planning of resettlement zones (points) to accurately determine the capacity of each household to be relocated and resettled, infrastructure projects, and development and support plans for the resettlement zone (point).

2. Cost of preparing relocation and resettlement planning

The unit cost for preparing overall and detailed relocation and resettlement planning shall be applied according to the provisions of the Minister of Agriculture and Rural Development and other relevant documents.

Article 4. Overall relocation and resettlement planning

1. Contents of overall relocation and resettlement planning include:

a) Analysis and assessment of losses in the reservoir area and construction site for hydropower and hydroelectric 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) Forecast of population size and structure in the resettlement area consistent with socio-economic development planning, industry planning, and national population distribution strategy;

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 (individuals) relocated and resettled;

- Forms of relocation and resettlement: centralized, intermixed, self-migration; list of resettlement regions, zones, and points;

- Progress of relocation and resettlement annually;

- Analysis and evaluation of natural and socio-economic conditions in the resettlement region, zone, and point, particularly comprehensive investigation and assessment of land funds and water sources to ensure that resettlers have sufficient residential and production land and sustainable development conditions; capacity of each resettlement zone and point to accommodate population; planning scheme for constructing infrastructure in the resettlement zone and point such as transportation, irrigation, drinking water, and other public welfare facilities; development plan for production linked with product processing and consumption in the resettlement area.

d) Preliminary calculation of total investment for implementing the planning: Compensation costs, resettlement support costs, and construction costs for resettlement zones and points; Sources of funds for implementing the planning.

e) Determination of solutions regarding mechanisms, policies, and organization to implement planning objectives.

2. Procedures for developing overall relocation and resettlement planning are carried out through the following steps:

a) Collect existing materials and conduct field surveys to develop a framework and budget for planning to submit to the competent authority for approval;

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 planning to relevant agencies.

3. Products of overall relocation and resettlement planning include:

a) Comprehensive report on relocation and resettlement planning;

b) Special reports on population arrangement, infrastructure construction, and production development;

c) 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 zone and point planning map at a ratio of 1/10,000;

d) Appendices accompanying the report such as: current land use status; current socio-economic status; relocation and resettlement planning; infrastructure construction planning; land use planning; production sector development planning; investment capital and sources of investment capital, appendices related to planning content;

e) Documents on opinions of local authorities in the resettlement area, flooded reservoir area, construction site, and some related legal documents.

4. Review and Approval of Overall Relocation and Resettlement Planning

a) Review Board for Overall Relocation and Resettlement Planning:

The Review Board for Overall Relocation and Resettlement Planning is established in accordance with Clause 1 of Circular No. 03/2008/TT-BKH dated July 1, 2008 of the Ministry of Planning and Investment guiding certain provisions of Decree No. 04/2008/NĐ-CP dated January 11, 2008 of the Government amending and supplementing Decree No. 92/2006/NĐ-CP dated September 7, 2006 of the Government on the establishment, approval, and management of overall socio-economic development planning.

b) Documentation for reviewing Overall Relocation and Resettlement Planning includes

- Petition of the competent authority requesting approval of the Planning;

- Documents as prescribed in Clause 3 of this Article.

c) The agency responsible for reviewing and approving the Overall Resettlement Plan.

- The People's Committee of the province or centrally governed city (hereinafter referred to collectively as the provincial People's Committee) shall organize the review and approval of the Overall Resettlement Plan within its provincial territory.

- The Ministry of Agriculture and Rural Development shall organize the review and approval of the Overall Resettlement Plan covering two or more provinces.

d) Time limit for reviewing the overall resettlement plan.

The time limit for reviewing the overall resettlement plan is 45 days from the date when the reviewing agency receives complete valid files.

Article 5. Detailed Resettlement Planning

1. Contents of detailed resettlement planning, including:

a) Determining the location (site), boundaries, scale, and relationship between the resettlement area and the socio-economic development of the commune and district where it is located.

b) Assessing the current status of the resettlement area

- Natural conditions: Meteorology, hydrology, topography, geology, area and soil types; water sources and water quality for daily life and production;

- Analyzing the current land use, agricultural land, forestry land, aquaculture land, non-agricultural land, unused land, other types of land;

- Agricultural, forestry, aquaculture production situation and other industries;

- Infrastructure situation: transportation, irrigation, drinking water, electricity, educational facilities, healthcare facilities, cultural and social facilities, administrative offices, commerce, services;

- Population situation and population distribution: number of villages and hamlets; number of households (population units); ethnic composition; customs and traditions; education level; income and living standards; forecast of the population size of the resettlement area;

- Assessing the capacity to accommodate the relocated households.

c) Analyzing and assessing the current situation and forecasting the occupational transition of the resettled population.

d) Developing detailed resettlement planning schemes

The detailed resettlement planning scheme includes four parts: detailed land use planning; detailed residential layout planning; detailed production development planning; and detailed infrastructure construction planning.

- Detailed land use planning, determining the location, total area of each type of land including: residential land; agricultural land; forestry land; aquaculture land; specialized land; reserve land; other types of land. Average area of each type of land for the relocated households and affected local households (if any), ensuring the minimum standard according to current policy;

- Detailed residential layout planning, determining: location, site, population size; spatial layout of the resettlement areas (including housing, gardens, auxiliary structures attached to houses, technical infrastructure, social infrastructure within the resettlement area), residential land area, production land area, land area for constructing technical infrastructure, social infrastructure, and the relocation and resettlement schedule;

- Detailed infrastructure construction planning, determining the scale and standards of transportation works, irrigation works, water supply and drainage works, public welfare facilities (schools, health stations, kindergartens, cultural centers) and other works within the resettlement area and inter-regional, inter-area resettlement areas (if any) in accordance with the new rural construction planning under Decision No. 491/QD-TTg dated April 16, 2009 of the Prime Minister on "issuing national criteria for new rural areas" and in accordance with the customs and traditions of each ethnic group;

- Detailed production development planning, determining: the area of each type of production land (including the area of land transferred by local households and reclaimed land) allocated to the relocated households; production structure arrangement (crop cultivation, animal husbandry, aquaculture, industry, small-scale industry, services, trade, forest planting and protection); projected yield, production volume, and average income of household families;

- Preliminary estimate of the total investment capital including: compensation costs for land and property losses at the departure and arrival sites; support costs for resettlement according to policy; construction costs for infrastructure in the resettlement area and inter-regional, inter-area resettlement areas; production costs; project management costs; other costs and reserves;

- Forecasting sources of funds: relocation and resettlement capital; capital from other economic and social development programs in the area; capital from residents (money and labor); other capital;

- Staging investment capital by year;

- Forecasting the construction schedule for the resettlement area and the construction schedule for individual projects;

2. Procedures for developing detailed resettlement planning are carried out in the following steps:

a) Collecting existing data and conducting field surveys to develop a draft and budget for the planning proposal to be submitted for approval by the competent authority;

b) Organizing research and developing detailed planning in accordance with the contents stipulated in Clause 1 of this Article;

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

d) Submitting the planning proposal for review and approval by the competent authority;

đ) Notifying the planning proposal to relevant agencies;

3. Products of detailed resettlement planning for hydropower and hydroelectric projects

a) Summary report;

b) Types of maps: Economic and social status map of the resettlement area at a scale of 1/25,000; Economic and social development planning map of the resettlement area at a scale of 1/10,000 or 1/25,000; Detailed resettlement area planning map at a scale of 1/500; Detailed agricultural land use planning map of the resettlement area at a scale of 1/2,000;

c) Appendices: Compensation loss statistics table for departure and arrival (by household); Summary tables of current land status and infrastructure (departure and arrival); Land use planning tables, residential layout planning tables, production planning tables, investment capital and funding sources, other related appendices;

4. Review and Approval of Detailed Planning

a) Documentation for review and approval of detailed planning includes:

- A submission from the project sponsor to the competent authority requesting approval of the detailed planning;

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

b) Agencies responsible for reviewing and approving detailed planning

The provincial People's Committee shall organize the review and approval of detailed planning for resettlement areas or delegate such authority to the district-level People's Committee for approval based on the scale of the resettlement area.

Chapter III

ORGANIZATION OF AGRICULTURAL, FORESTRY AND FISHERIES PRODUCTION DEVELOPMENT

IN ASSOCIATION WITH PROCESSING AND CONSUMPTION OF PRODUCTS IN RESIDENTIAL RELOCATION AREAS

Article 6. Production Planning

1. General Requirements for Production Planning in Resettlement Areas

a) Effectively utilize the potential and advantages of land, climate, and labor in resettlement areas to develop agricultural, forestry, and aquaculture production in accordance with the potential and advantages of each region towards diversified, sustainable commodity production aimed at increasing income, stabilizing, and gradually improving the living standards of households in resettlement areas;

b) Identify types of products and the scale of development of major crop and livestock products, focusing on specialty products with high economic value, easy transportation and preservation, and those with potential for industrial processing investment.

c) Determine sources of investment capital: support funds from relocation projects; capital from programs and projects within the area; credit capital and self-owned capital of organizations and individuals from various economic sectors for investment in developing production in resettlement areas.

2. Content of Production Planning

a) Analysis and assessment of current agricultural, forestry, and fisheries production development:

- Evaluate and analyze the current status and development process of agricultural, forestry, and fisheries production in resettlement areas, including crop structure, livestock structure, agricultural, forestry, and fisheries structures, and their contributions to job creation and income for each household;

- Analyze and assess major products, main production regions, technology investment, labor organization, and production factors that limit productivity of crops and livestock, labor productivity, and income of agricultural workers;

- Analyze and assess the current use of agricultural land (agricultural, forestry, and fisheries), including production scale, area structure of crop groups, yield and output of each type;

- Assess the application of technology and techniques in agricultural, forestry, and fisheries production. Current provision of services and transfer of production technology to producers. System of agricultural extension, industrial promotion, and support for production development linked to product processing and consumption in resettlement areas;

- Current distribution system and scale of agricultural, forestry, and aquatic product processing; organization of processing; methods of supplying raw materials and linking raw material producers with processing facilities;

- Analyze and assess current consumption and market access capabilities for agricultural commodities in resettlement areas.

b) Development and Selection of Production Planning Options

- Determine the scale, structure, and distribution of crop and livestock production zones, forest types, and aquaculture in resettlement areas;

- Propose production models and organizational forms for agricultural, forestry, and fisheries production linked to processing and consumption of products;

- Determine types of products and the scale of development of major agricultural, forestry, and fisheries products in resettlement areas suitable for ecological conditions and market demand;

- Determine the system of services supporting agricultural, fisheries, and industrial promotion, technology transfer, and requirements for seed and livestock breed support, and disease prevention vaccines;

- Allocate areas with potential for commodity agricultural, forestry, and fisheries production linked to product processing systems and regional raw material linkage mechanisms.

3. Review and Approval of Production Planning

- The provincial People's Committee shall organize the review and approval of agricultural, forestry, and fisheries production planning linked to product processing and consumption in resettlement areas within its jurisdiction or delegate this authority to the district-level People's Committee for review and approval of agricultural, forestry, and fisheries production planning linked to product processing and consumption in resettlement areas within its jurisdiction;

- The Ministry of Agriculture and Rural Development shall organize the review and approval of agricultural, forestry, and fisheries production planning linked to product processing and consumption in resettlement areas spanning two provinces or more.

Article 7. Organization for Developing Production

1. Establishing plans to support production in resettlement areas

a) The provincial People's Committee shall instruct the Department of Agriculture and Rural Development to guide and coordinate with local authorities and residents to develop production plans for each household, serving as the basis for considering financial support for production development for households that have been relocated and resettled.

Each household's production plan must be consistent with the approved production planning of the region, area, or resettlement point; it must comply with economic and technical standards for each type of crop, livestock, and material issued by the Department of Agriculture and Rural Development; and it must align with unit prices set by the provincial People's Committee. In cases where there are no unit prices established by the provincial People's Committee, prices will be based on supplier quotations, subject to price verification by the Department of Finance.

b) The level of support, content of support, and methods of implementing production plans for resettled households shall be determined by the provincial People's Committee according to the provisions stipulated in Article 11 of Decision No. 34/2010/QĐ-TTg.

2. Implementing agricultural and industrial extension services

a) Based on current regulations and agricultural and industrial extension services, the project investor responsible for relocation and resettlement shall assign the Resettlement Management Board at various levels to collaborate with grassroots Agricultural and Industrial Extension Centers to develop plans regarding the content, target groups, timeframes, locations, and budget estimates for agricultural and industrial extension services in resettlement areas, to be submitted to the competent authority for approval to allocate funds for implementation.

b) According to the approved budget estimates for agricultural and industrial extension services and available funding, the Resettlement Management Board shall cooperate with the Agricultural and Industrial Extension Centers to carry out activities related to agricultural and industrial extension services, technology transfer, and product processing and consumption in resettlement areas.

3. Market Research and Product Consumption

a) The provincial People's Committee shall instruct the Department of Agriculture and Rural Development to lead and coordinate with relevant departments to organize market research for product consumption in the resettlement area.

b) Based on the volume of goods produced in the resettlement area, encourage the establishment of procurement networks to process and consume products.

Chapter IV

IMPLEMENTATION

Article 8. Responsibilities of the Provincial People's Committee

1. Elaborate guidelines for the content of developing, reviewing, approving comprehensive and detailed planning, and organizing agricultural, forestry, and fisheries production linked to product processing and consumption in resettlement areas of water resource and hydropower projects.

2. Organize the implementation of developing, reviewing, approving comprehensive and detailed planning, and organizing agricultural, forestry, and fisheries production linked to product processing and consumption in resettlement areas according to the guidelines provided in this Circular and other relevant current regulations.

3. Assign the Department of Agriculture and Rural Development of the province to manage state affairs concerning relocation and resettlement in water resource and hydropower projects, leading and coordinating with relevant departments to guide, direct, and inspect the process of developing comprehensive and detailed planning, organizing production linked to product processing and consumption in resettlement areas, and implementing compensation, support, and resettlement policies in the locality.

Article 9. Responsibilities of the Department of Cooperative Economy and Rural Development

1. Organize inspections and provide guidance on the implementation process of developing overall planning, detailed relocation planning, resettlement planning, and organizing agricultural, forestry, and fisheries production development in the resettlement areas at local levels;

2. Advise the Ministry to coordinate with relevant ministries and sectors to organize the review and approval of overall relocation and resettlement plans according to the proposals of the provincial People's Committees.

Article 10. Effective Date

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

2. In the course of implementing this Circular, if there are any difficulties, the provincial People's Committees and centrally-affiliated cities shall promptly report to the Ministry of Agriculture and Rural Development for adjustment and supplementation./.