Decree No. 81/2009/ND-CP amending and supplementing certain articles of Decree No. 106/2005/ND-CP dated August 17, 2005 of the Government detailing and guiding the implementation of some provisions of the Electricity Law on the protection of high-voltage power transmission line construction projects.

DECREE

Amending and supplementing some articles of Decree No. 106/2005/NĐ-CP dated August 17, 2005 of the Government detailing and guiding the implementation of certain provisions of the Electricity Law on protecting the safety of high-voltage power transmission line works.

Amending and supplementing some articles of Decree No. 106/2005/NĐ-CP dated August 17, 2005 of the Government detailing and guiding the implementation of certain provisions of the Electricity Law on protecting the safety of high-voltage power transmission line works (hereinafter referred to as Decree No. 106/2005/NĐ-CP) as follows:

Detailed and guiding the implementation of certain provisions of the Electricity Law on protecting the safety of high-voltage power transmission line works.

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Electricity Law dated December 3, 2004;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

Article 1. Amending Article 3, Article 4, and Article 5 as follows:

1. Amend and supplement Clause 2 of Article 2 as follows:

"2. When constructing or renovating overhead power transmission lines passing through residential areas, public places frequently crowded with people, industrial zones, high-tech parks, export processing zones, important facilities related to national security and defense, historical and cultural relics, scenic spots ranked by the State, measures for electrical safety and construction must be strengthened as follows:"

Point a. Poles must be steel poles or reinforced concrete poles; the safety factor of poles, beams, and pole foundations must not be less than 1.2;

b) Electrical conductors shall not have joints within spans, except for conductors with a cross-sectional area of 240 mm² or more, which may have one joint per cable. The safety factor of power cables must not be less than 2.5;

c) Insulators must be arranged in pairs of the same type and technical characteristics. Electrical conductors and lightning arresters if mounted on suspension insulators must use fixed supporting clamps. The safety factor of insulators and accessories must comply with current standards;

Point d. The distance from the lowest point of the power cable in its maximum sag to the ground must not be less than the values specified in the following table:

2. Amending Article 3, Article 4, and Article 5 as follows:

"Abolish the provisions concerning voltage levels of 66 kV."

3. Amend and supplement Article 5 as follows:

"1. Replace the phrase “with voltage from 66 kV” at point b clause 1 with the phrase “with voltage from 110 kV”.

2. Replace the phrase “static state” at clause 1 with the phrase “maximum sag state”.

3. Supplement point d clause 1

For overhead power lines passing through special-use forests, protective forests, production forests, tree plantations, the vertical distance from the maximum height of fully grown trees to the lowest conductor when it is in the maximum sag state shall not be less than the provisions set out in point c clause 1 of Article 5 of Decree No. 106/2005/NĐ-CP.

4. Replace the voltage range “66 - 220 kV” at clause 2 with the voltage range “110 and 220 kV”.

4. AMENDING AND SUPPLEMENTING ARTICLE 6 AS FOLLOWS:

Article 6. Houses and structures within or outside the safety corridor of overhead power lines (hereinafter referred to as the safety corridor of the power grid)

1. Within the safety corridor of the power grid up to 220 kV

Houses and structures do not need to be relocated from the safety corridor of the power grid up to 220 kV if they meet all of the following conditions:

a) The roof and walls must be made of non-combustible materials;

b) Metal structures of houses and structures must be grounded according to technical grounding regulations.

c) They do not obstruct access for inspection, maintenance, and replacement of parts of high-voltage power transmission line works;

d) The distance from any part of the house or structure to the nearest conductor when it is in the maximum sag state shall not be less than the provisions in the table below:

e) Electric field intensity ≤ 5 kV/m at any point outside the house one meter above ground level and ≤ 1 kV/m at any point inside the house one meter above ground level.

The Ministry of Industry and Trade shall provide detailed regulations on grounding according to point b clause 1 of this Article.

2. Outside the safety corridor of the power grid at 500 kV.

Houses and auxiliary structures serving household activities outside the safety corridor of the power grid, between two overhead power lines at 500 kV will be considered for compensation, support, and relocation if one of the following conditions is met:

a) Electric field intensity exceeds the provisions at point e clause 1 of this Article;

b) The horizontal distance between the outermost phase conductors of two overhead power lines ≤ 60 meters.

3. In cases where houses and auxiliary structures serving household activities have distances as specified in point b clause 2, but electric field intensity meets the provisions at point e clause 1 of this Article and the land user, owner of property attached to the land wishes to stay, they may remain and receive compensation and support for the entire area of residential land, the area of houses, and auxiliary structures serving household activities as if they were within the safety corridor of the power grid as stipulated in clauses 5 and 6 of Article 1 of this Decree.

5. Supplement Article 6a as follows:

"Article 6a. Compensation and support for houses and structures within the safety corridor of the power grid

1. Houses and auxiliary structures serving household activities that do not need to be relocated from the safety corridor of the power grid up to 220 kV as stipulated in clause 4 of Article 1 of this Decree, the owners of houses and auxiliary structures shall be compensated and supported for restricted usability and impact on daily life. The compensation and support shall be implemented once as follows:

a) Houses and auxiliary structures with part or all of their area located within the safety corridor of the power grid, built on land meeting the conditions for land compensation under the law before the announcement of the implementation of the high-voltage power transmission line project approved by the competent authority, shall be compensated and supported for the area within the safety corridor of the power grid;

b) The specific amount of compensation and support shall be determined by the Provincial People's Committee but shall not exceed 70% of the value of the part of the house and auxiliary structures within the safety corridor of the power grid, based on the new construction price of houses and auxiliary structures with equivalent technical standards issued by the Provincial People's Committee;

c) In cases where houses and auxiliary structures are built on land that does not meet the conditions for land compensation under the law, the Provincial People's Committee shall consider and support based on the actual conditions of each locality.

2. Houses and facilities constructed before the announcement of the implementation of the high-voltage power grid project approved by the competent authority:

a) If the conditions stipulated in clause 1 of Article 6, amended and provided for in clause 4 of Article 1 of this Decree (referred to as clause 1 of Article 6, amended) are not met, the investor of the high-voltage power transmission line project must bear the costs and organize the renovation to meet those conditions;

b) In cases where only part of the structure is demolished, the remaining part still exists and can be used and meets the conditions stipulated in clause 1 of Article 6, amended, the investor of the high-voltage power transmission line project shall be responsible for paying the value of the demolished part of the house and structure and the cost of completing the renovation of the house and structure to the equivalent technical standards before demolition.

c) In cases where it is impossible to renovate to meet the conditions stipulated in Clause 1 of Article 6 (amended), and demolition or relocation is necessary, the owner of the dwelling or construction shall be compensated and supported in accordance with the provisions of the law.

6. Supplement Article 6b as follows:

"Article 6b. Compensation and support for land within the safe distance zone of power transmission lines

Land for residential purposes and other types of land within the same plot with residential land belonging to a user within the safe distance zone of power transmission lines, which are not subject to land recovery by the State, shall be compensated and supported due to restricted land use capacity. The compensation and support shall be implemented once as follows:

1. Residential land that is compensated and supported due to restricted land use capacity is the type of residential land prescribed in legal documents on land.

2. The area of residential land that is compensated and supported due to restricted land use capacity is the actual area of residential land within the safe distance zone of power transmission lines. The level of compensation and support shall not exceed 80% of the compensation amount for recovering residential land, calculated based on the area of land within the safe distance zone.

3. On the same plot of land, including residential land and other types of land belonging to a single land user, when the safe distance zone of power transmission lines occupies space larger than the limit of residential land, the area of other types of land on the same plot within the safe distance zone shall also be compensated and supported. The level of compensation and support shall not exceed 80% of the compensation amount for recovering other types of land, calculated based on the area of other types of land within the safe distance zone.

4. In cases where residential land does not meet the conditions stipulated in Clause 1 of this Article, the People's Committee of the province shall consider and provide support based on the actual conditions of each locality.

5. The levels of compensation and support prescribed in Clauses 2, 3, and 4 of this Article shall be specifically defined by the People's Committee of the province. The funding for payment shall come from the investment capital of the project investor of the high-voltage power transmission line."

7. Supplement Article 6c as follows:

"Article 6c. Conversion of other types of land to residential land

When a land user must relocate their dwelling outside the safe distance zone of power transmission lines and has the need to convert the purpose of other types of land outside the residential land plot in accordance with the planning, the local land management agency shall process the procedures to request the competent authority to decide on allowing the conversion of land use purpose. The land user must comply with all legal regulations when converting the land use purpose."

8. Supplement Article 6d as follows:

"Article 6d. Support for relocation costs

In addition to being compensated and supported for dwellings and constructions as stipulated in Clause 5 of Article 1 and land as stipulated in Clause 6 of Article 1 of this Decree, if the owner of the dwelling finds new residential land on their own and wishes to relocate out of the safe distance zone of power transmission lines, they shall implement the relocation themselves and be supported for relocation costs in accordance with the legal provisions on compensation, support, and resettlement when the State recovers land."

9. Supplement Article 6đ as follows:

"Article 6đ. Compensation for trees within and outside the safe distance zone of power transmission lines

1. Trees existing before the announcement of the implementation of the high-voltage power transmission line project and within the safe distance zone, if they must be cut down and new planting prohibited according to Clause 3 of Article 5 of Decree No. 106/2005/NĐ-CP, shall be compensated according to current regulations.

2. Trees existing before the announcement of the implementation of the high-voltage power transmission line project and within the safe distance zone, which are not required to be cut down and new planting prohibited as stipulated in Clause 3 of Article 5 of Decree No. 106/2005/NĐ-CP, or trees outside the safe distance zone that pose a risk of violating the safety distance specified in Clause 2 of Article 5 of Decree No. 106/2005/NĐ-CP, the operation management unit shall have the right to inspect, cut, and trim trees to ensure safety for overhead power lines and shall implement compensation according to the regulations.

3. The level of compensation for the cases stipulated in Clauses 1 and 2 of this Article shall be implemented once per tree and shall be defined by the People's Committee of the province, in line with the actual conditions of the locality."

Article 2. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees, municipal People's Committees directly under the Central Government, and related organizations and individuals are responsible for implementing this Decree.

Article 3. Effectiveness

1. This Decree takes effect from December 1, 2009.

2. For projects to construct high-voltage power transmission lines that were underway before this Decree took effect, they shall continue to be implemented according to the technical design already approved.

3. For projects and constructions that have approved compensation and support plans but have not yet been implemented or completed the compensation and support before this Decree takes effect, the value of compensation and support shall be adjusted according to the provisions of this Decree./.