Decision No. 43/2011/QD-TTg 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/QD-TTg dated January 9, 2007 of the Government Prime Minister.

Pursuant to …;

Regarding amendments and supplements to 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 MinisterPursuant 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;

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 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 resettlement when the State expropriates land;

Pursuant to Decree No. 84/2007/NĐ-CP dated May 25, 2007 of the Government supplementing regulations on issuing Land Use Right Certificates, expropriation of land, exercising land use rights, procedures for compensation, support, and resettlement when the State expropriates land, and handling complaints about land;

Considering the proposal of the Minister of Finance.

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:

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;

Point b,

DECISION:

Article 1. Supplementing point c,

1. Amendment Clause 4, Article 10 “b) If the value of the allocated residential land and production land is higher than the value of the expropriated residential land and production land, the resettled household does not have to pay the difference in value. c) The difference in value of the residential land and production land shall be calculated at the time of payment.” as follows:

2. Amending the first item,

Point d, Clause 1, Article 17

“- Internal roads within the resettlement site shall be constructed in accordance with actual topographical conditions but shall not exceed the standard for rural traffic type B roads.” 3. Amending the first item, as follows:

Point g, Clause 1, Article 17

“- The drainage system for the resettlement site shall be designed to handle both stormwater and domestic water using open ditches arranged along the roads. Within the residential area, the drainage ditches shall be constructed or poured with concrete and left open.” Clause 1, Article 25 as follows:

“1. Food support:

4. Amend a) Each legitimate member of a resettled household identified in Decision No. 801/QĐ-TTg dated June 4, 2010 of the Prime Minister approving the overall relocation and resettlement planning for the Son La Hydropower Plant shall receive food support equivalent to 20 kilograms of rice per person per month for three years. as follows:

b) Households that do not need to move but whose production land is expropriated and who are allocated new land shall receive food support in cash based on the area of expropriated land. The provincial People's Committee shall specify the amount and duration of support based on the area of expropriated land. The maximum support shall not exceed 20 kilograms of rice per person per month for up to three years (for households whose entire production land is expropriated).

The price of rice shall be based on the average price of medium-quality rice in the locality at the time of support.”

This Decision takes effect from October 6, 2011.

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

Article 2. - People's Councils, People's Committees of the provinces: Son La, Lai Chau, Dien Bien;

Article 3. - State Steering Committee for the Son La Hydropower Project;