Resolution No. 40/2009/QH12 on the Investment Policy for the Lai Chau Hydropower Project

RESOLUTION

On the investment policy for the Lai Chau Hydropower Project

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THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to Resolution No. 13/2002/QH11 dated December 16, 2002 of the National Assembly, 11th term, second session on the plan for constructing the Son La Hydropower Plant; Resolution No. 66/2006/QH11 dated June 29, 2006 of the National Assembly, 11th term, ninth session on important national projects submitted to the National Assembly for decision on investment policies;

After considering Report No. 124/TTr-CP dated August 13, 2009 of the Government on the report on investment and construction of the Lai Chau Hydropower Plant, Report No. 740/BC-UBKHCNMT12 dated October 20, 2009 of the Committee for Science, Technology and Environment of the National Assembly, Report No. 180/TTr-CP dated October 23, 2009 of the Government submitting to the National Assembly for decision on investment policy for the Lai Chau Hydropower Project and the opinions of the National Assembly deputies,

RESOLUTION:

Article 1.

Decides to approve the investment policy for the Lai Chau Hydropower Project to supply electricity to the national power system; contribute to flood control during the rainy season and water supply during the dry season in the Red River Delta region along with other hydropower plants on the Red River; serve the socio-economic development of Lai Chau Province, Dien Bien Province, and the Northwest region.

The location for building the dam and hydropower plant of the Lai Chau Hydropower Project: Nam Hang Commune, Muong Te District, Lai Chau Province.

Article 2.

Some basic parameters of the Project:

1. Normal water level: 295 meters (m);

2. Installed capacity: 1,200 megawatts (MW);

3. Main technology: ensuring modernity, efficiency, and safety requirements;

4. Total investment: estimated at VND 32,600 billion (at the time of project preparation, second quarter of 2008);

5. Time frame and implementation schedule: start construction of the plant at the end of 2010, generate power from unit number 1 in 2016, complete the project in 2017.

Article 3.

Entrusts the Government to decide on investment and implement the Project with the following main requirements and tasks:

1. Timely organize and implement subsequent steps of the Project: complete documentation and technical design; develop and promulgate procedures, standards, and technical regulations in design, construction, and supervision of construction works to ensure progress, absolute safety, and overall economic efficiency; strictly manage all stages according to laws on investment;

2. Develop planning, specific schemes, and organize well the resettlement work according to the principles of transparency, democracy, correct target groups, policies, and laws; reorganize production, adjust economic structures, and farming methods to develop production, stabilize and improve the living standards of relocated residents fundamentally, sustainably, and long-term;

3. Fully implement the tasks and solutions proposed in the Environmental Impact Assessment Report of the Project; strictly protect the Muong Te - Muong Nhe Natural Reserve; intensify forest protection, regeneration, and new planting activities to rapidly increase forest coverage throughout the Red River basin within Vietnam's territory; preserve and promote the cultural identity of ethnic groups, especially those with small populations; ensure national defense and security in border areas.

Article 4.

1. Entrusts the Government to organize and direct the early implementation of preparatory works, temporary works, and auxiliary works to ensure the progress of the project.

2. Agrees to apply effective mechanisms and policies that have been implemented successfully in the Son La Hydropower Project to the Lai Chau Hydropower Project.

3. In case special mechanisms and policies need to be applied, the Government shall submit them to the National Assembly for consideration and decision.

Article 5.

Simultaneously with the Lai Chau Hydropower Project, which includes two main components: the hydropower project and resettlement, the Government shall organize the planning and decision-making on investment for the following projects:

1. The road project along the right bank of the Red River, connecting roads, and three bridges over the Red River to address the isolation issue of Muong Te District and surrounding areas after reservoir flooding, serving economic and social development, national defense, and security needs;

2. The administrative boundary adjustment project, population resettlement, and production method innovation project for Muong Te District and related administrative units of Lai Chau Province; investment in economic and social development of newly established administrative units.

The Government shall specifically determine the implementation schedule for each project stipulated in Clause 1 and Clause 2 of this Article according to the provisions of the law.

Article 6.

1. After the commencement of investment and construction, the Government shall report annually to the National Assembly on the implementation status of the Project.

2. The Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly, the Delegations of the National Assembly, and the National Assembly deputies within their respective duties and powers shall supervise the implementation of this Resolution.

This Resolution takes effect from the date it is adopted by the National Assembly.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, 12th term, sixth session, on November 25, 2009./.