Decision No. 833/QD-TTg approves the overall relocation and resettlement plan for the Huoi Kham Hydropower Project.

Pursuant to …;

Approving the Overall Resettlement Plan for the Huoi Quang Hydropower Project

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Land Law dated November 26, 2003;
Pursuant to Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation and resettlement when the State recovers land;
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 Decree No. 99/2007/NĐ-CP dated June 13, 2007 of the Government on managing construction project investment costs;
Pursuant to Decree No. 12/2009/NĐ-CP dated February 10, 2009 of the Government on managing investment construction projects;
Considering the proposal of Vietnam Electricity Corporation (Proposal No. 70/TTr-EVN dated March 6, 2009); opinions of the Ministries of Planning and Investment (Letter No. 5404/BKH-KTNN dated July 24, 2008), Industry and Trade (Letter No. 5816/BCT-NL dated July 9, 2008), Natural Resources and Environment (Letter No. 2557/BTNMT-TCQLĐĐ dated July 10, 2008), Finance (Letter No. 8416/BTC-ĐT dated July 18, 2008), Agriculture and Rural Development (Letter No. 2616/BNN-KTHT dated August 29, 2008), and the Vietnam Development Bank (Letter No. 2070/NNPT-TĐ dated July 6, 2008), and the People's Committee of Lai Chau Province (Letter No. 212/UBND-TĐC dated March 25, 2008),

Pursuant to …;

Article 1. Approves the Overall Resettlement Plan for the Huoi Quang Hydropower Project as follows:

1. Objectives, tasks, requirements for relocation and resettlement

a. Objective: Relocation and resettlement of the Huoi Quang Hydropower Project must create conditions for the resettled population to have a better life than their previous place of residence, based on exploiting potential resources and labor, gradually changing economic structure, developing production, increasing income, and improving material and spiritual living standards, contributing to the socio-economic development of Lai Chau and Son La provinces, maintaining political stability, national defense, security, and environmental protection;

b. Tasks: By 2010, complete compensation, relocation, and resettlement of households and individuals who are subject to relocation and resettlement. By June 2011, complete all compensation and construction of infrastructure and architectural-social works of organizations and units within the construction site and the flooded area of the Huoi Quang Hydropower Project;

c. Requirements:

- The work of relocation and resettlement must be closely coordinated among all levels, sectors, and mass organizations to implement according to the principle: The central government sets and guides general mechanisms and policies, while the provinces concretize and implement them;

- Resettlement within the region and province; implementing various forms of resettlement: rural concentrated resettlement, intermixed resettlement, and voluntary relocation suitable with production conditions, customs, traditions, and aspirations of ethnic groups both at the place of departure and arrival. Encouraging the population to move their old houses themselves and build new homes at the resettlement sites according to the plan, and encouraging intermixed resettlement. Relocation and resettlement should prioritize preserving and promoting cultural identity and unity between resettled people and local residents;

- Prioritize integrated funding from other investment programs and projects in the area (transportation, irrigation, electricity, etc.) with the relocation and resettlement project to build a comprehensive infrastructure system in the resettlement areas.

2. Resettlement Planning Scheme

a. Regarding losses and number of people to be relocated by 2010:

- Total submerged and reclaimed land area is 3,021 hectares, including: agricultural land 1,576 hectares; forestry land 1,417 hectares, rural residential land 28 hectares;

- Total value of losses due to land, assets, and infrastructure is approximately 195,961 million VND, including: land loss value 66,043 million VND, asset loss value of organizations, households, and individuals 59,599 million VND, crop loss value 24,748 million VND; infrastructure loss value 45,571 million VND;

- The estimated number of people to be relocated by 2010 (including natural population increase) is 842 households with 4,732 individuals, including: Lai Chau Province (Than Uyen District) 825 households with 4,646 individuals, Son La Province (Mua La District) 17 households with 86 individuals.

b. Land fund creation scheme for resettlement zones and points; the resettlement land fund is mainly formed from opening up unused land for agricultural production, transferring land use rights between local residents and resettled people, and non-flooded land around the reservoir. Residential land allocated to resettled households: agricultural resettlement households from 300 m² - 400 m²/household; agricultural production land allocated to resettled households depends on the land fund of each resettlement area, specifically stipulated in Point d Clause 2 of this Article.

c. Resettlement arrangement scheme:

Lai Chau Province: resettlement arranged in three communes of Than Uyen District, including 3 zones with 12 resettlement points to accommodate 825 households with 4,646 individuals, specifically as follows:

- Khoen On Commune: resettlement of 335 households with 1,698 individuals at 5 points: Lau Luong, Ban Doc (new), Ban On (new), Ban Mui 3, and Ban Na Ni;

- Ta Gia Commune: resettlement of 421 households with 2,586 individuals at 6 points: Phien Xa Cuong 1, Phien Xa Cuong 2, Pom Pa, Hill Mr. Hoang, Ban Gia (new), and Ban Me (new);

- Ta Mung Commune: resettlement of 69 households with 362 individuals (from Ban Hi, Ta Gia Commune) at the Ban Lum 3 resettlement zone.

Son La Province: resettlement of 17 households with 86 individuals (in the construction site area of Ban Huoi Pa, Chieng Lao Commune, Mua La District) at the Pom Huoi Quai resettlement zone.

d. Production orientation: For agricultural resettlement households, planting food crops (rice, corn), vegetables, short-term industrial crops (peanuts, soybeans); fruit trees (jams, peaches...); forest plantations and protective forests; raising large livestock, pigs, goats, fish, bees... Each agricultural resettlement household is allocated an average of 0.2 - 0.4 hectares of paddy fields, 0.5 - 0.7 hectares of permanent farmland, 0.1 - 0.3 hectares of perennial crop land, 1.0 - 2.0 hectares of forest plantation land, and 3.0 - 5.0 hectares of regeneration forest land.

In addition to the land for production allocated to households for resettlement mentioned above, depending on the specific land fund of each area, resettlement sites may allocate additional agricultural and forestry land to resettlement households to develop production activities;

d. Investment in infrastructure construction at resettlement areas: investment in infrastructure construction at 13 resettlement points within the provinces of Lai Chau and Son La, including works such as water conservancy (dams, canals), transportation (roads, suspension bridges, service roads for population relocation), power grid systems, potable water supply, and investment in public works (schools, kindergartens, health stations, cultural houses, sports fields (ground leveling), markets (ground leveling), post offices, and People's Committee offices);

e. Resettlement progress: it is expected that the relocation and resettlement work will be completed by 2010, consistent with the progress of land clearance for the main project construction (dams, power plants...) and ensuring the schedule for reservoir filling; the progress for each year is as follows:

3. Project sponsors for component projects: The People's Committees of Lai Chau and Son La Provinces are the sponsors of the compensation, relocation, and resettlement project for the Huoi Kham Hydropower Project within their respective jurisdictions. The Vietnam Electricity Corporation is the sponsor of the Huoi Kham Hydropower Project and directly implements projects such as overall planning for relocation and resettlement of the Huoi Kham Hydropower Project; compensation and land clearance for the construction site in Chieung Lao Commune, Muong La District; small projects related to the environment;

4. Management mechanism, compensation policies, support, and resettlement:

a. Permitting sponsors to apply the management mechanism and compensation, support, and resettlement policies for the Huoi Kham Hydropower Project similar to those of the Son La Hydropower Project;

b. During implementation, if there are changes to the resettlement plan or the scale of infrastructure works, sponsors are allowed to adjust them according to actual conditions at the resettlement sites, but without increasing the capital investment allocated to sponsors as stipulated in Point c Clause 5 Article 1 of this Decision;

5. Total investment amount, sources of funds, and allocation of investment funds:

a. Total investment amount: VND 741,168 million, of which:

- Compensation, support, and resettlement for households in the reservoir area and construction site: VND 498,170 million;

- Other expenses (overall planning, detailed planning, project management): VND 6,997 million;

- Environmental costs: VND 21,312 million;

- Contingency reserve: VND 52,650 million;

- Interest on borrowed capital: VND 162,039 million.

b. Source of investment funds: capital from the Vietnam Electricity Corporation (borrowed from the Vietnam Development Bank).

c. Allocation of funds to sponsors implementing the project as follows:

- Lai Chau Province: VND 527,500 million;

- Son La Province: VND 17,096 million;

- Vietnam Electricity Corporation: VND 196,572 million.

Article 2. Implementation

1. Responsibilities of Central Ministries and Sectors

Ministries: Planning and Investment, Finance, Industry and Trade, Construction, Agriculture and Rural Development, Natural Resources and Environment, and other relevant ministries and sectors shall perform their state management functions regarding compensation, land clearance, support, and resettlement for the Huoi Kham Hydropower Project in accordance with current regulations.

2. Responsibilities of the Vietnam Electricity Corporation

a. Based on the provisions of this Decision, hand over the planning documents for overall relocation and resettlement and the boundary markers of the reservoir to the People's Committees of Lai Chau and Son La Provinces;

b. Coordinate with the Vietnam Development Bank on loan disbursement and funding for sponsors implementing compensation, support, and resettlement for the Huoi Kham Hydropower Project. Ensure sufficient funds for sponsors to make timely payments according to the schedule. Complete financial settlements with the Vietnam Development Bank in accordance with current regulations.

c. Organize the implementation of projects sponsored by the Vietnam Electricity Corporation in accordance with regulations. Closely cooperate with the People's Committees of Lai Chau and Son La Provinces during the implementation of compensation, support, and resettlement to ensure the progress of the Huoi Kham Hydropower Project.

3. Responsibilities of the People's Committees of Lai Chau and Son La Provinces

a. Direct the preparation, review, approval of detailed plans for resettlement areas, component projects, and organize the implementation of projects at resettlement sites in accordance with regulations. Ensure the progress of compensation, support, and resettlement is consistent with the construction schedule of the Huoi Kham Hydropower Project;

b. Integrate other programs and projects within the province with the relocation and resettlement project of the Huoi Kham Hydropower Project to enhance investment effectiveness and promote economic and social development of the province;

c. Direct all levels of government to closely coordinate with mass organizations where people are moving from and to, strengthen propaganda and mobilization work to ensure strict compliance with regulations on compensation, support, relocation, and resettlement and related policies. Promote democracy and transparency in the implementation process to allow people to participate in supervising compensation, support, relocation, and resettlement. Effectively carry out inspection and supervision of project implementation to ensure investment effectiveness.

d. Prepare annual capital plans and register capital needs to implement the project with the Vietnam Electricity Corporation and the Vietnam Development Bank. Be responsible for paying late disbursement fees as stipulated by the Vietnam Development Bank. Manage, implement disbursements, payments, and final settlements of compensation, support, and resettlement funds for the project in accordance with current regulations. Coordinate with the Vietnam Electricity Corporation and the Vietnam Development Bank to settle project investment funds.

4. Responsibilities of the Vietnam Development Bank

a. Ensure sufficient funds allocated to sponsors for compensation, support, and resettlement based on the loan agreements signed between the Vietnam Electricity Corporation and the Vietnam Development Bank;

b. Directly disburse compensation, support, and resettlement funds to sponsors in accordance with current regulations.

5. Responsibilities of organizations, households, and individuals whose land is being reclaimed

Organizations, households, individuals who fall within the compensation and resettlement beneficiaries shall strictly comply with this Decision. They shall also participate alongside relevant organizations and local authorities in supervising the implementation of compensation and resettlement.

Article 3. Implementation Provisions

This Decision shall take effect from the date of signing.

The Ministers of Planning and Investment, Finance, Industry and Trade, Construction, Agriculture and Rural Development, Natural Resources and Environment; the Heads of relevant Ministries and sectors; the Chairman of the Board of Directors, General Director of Vietnam Electricity Corporation, General Director of Vietnam Development Bank, and the Chairmen of People's Committees of Lai Chau and Son La provinces shall be responsible for implementing this Decision.