Decision No. 834/QD-TTg approves the overall relocation and resettlement plan for the Bachat Hydropower Project.

 

Pursuant to …;

APPROVING THE OVERALL RESIDENT RELOCATION AND RELOCATION PLAN FOR THE BAN CHAT 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 for losses and relocation 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 management of construction project investment costs;
Pursuant to Decree No. 12/2009/NĐ-CP dated February 10, 2009 of the Government on management of construction project investment programs;
Considering the proposal of Vietnam Electricity Corporation (Proposal No. 71/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. Approve the overall resident relocation and resettlement plan for the Ban Chat Hydropower Project as follows:

1. Objectives, tasks, requirements for resident relocation and resettlement

a. Objective: Resident relocation and resettlement for the Ban Chat Hydropower Project must create conditions for relocated residents to have a better life than their previous residence, based on exploiting potential resources and labor, gradually changing economic structures, developing production, increasing income, improving material and spiritual living standards, contributing to the socio-economic development of Lai Chau Province, maintaining political stability, national defense, security, and environmental protection;

b. Tasks: By 2010, complete compensation, relocation, and resettlement for households and individuals subject to relocation. By June 2011, complete all compensation and construction of infrastructure and architectural-social works within the construction site and flooded areas of the Ban Chat Hydropower Project;

c. Requirements:

- Resident relocation and resettlement work 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 provinces concretize and implement them;

- Resettlement should take place within the province and adopt various forms such as rural concentrated resettlement, intermixed resettlement, and voluntary relocation suitable to production conditions, customs, traditions, and wishes of ethnic groups both at the places of departure and arrival. Encourage residents to move their old houses themselves and build new homes at the resettlement sites according to planning, and encourage intermixed resettlement. Resident relocation and resettlement should prioritize preserving and promoting cultural identity and fostering unity between resettled and local residents;

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

2. Planning Scheme for Resident Relocation and Resettlement

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

- Total submerged and reclaimed land area is 8,231 hectares, including: agricultural land 3,406 hectares (rice fields 1,010 hectares); forestry land 4,780 hectares, rural residential land 45 hectares;

- Total value of losses due to land, property, and infrastructure is approximately 538,822 million VND, including: loss value of land, property of organizations, households, and individuals: 387,344 million VND (land loss value: 166,080 million VND, property loss value: 180,718 million VND, crop loss value: 40,546 million VND); loss value of architectural works and infrastructure: 151,478 million VND;

- The estimated number of people to be relocated by 2010 (including natural population increase) is 2,661 households, with 15,738 individuals in Than Uyen and Tan Uyen districts of Lai Chau Province.

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

c. Resettlement Scheme:

The resident relocation and resettlement plan for the Ban Chat Hydropower Project is located in Lai Chau Province, comprising 3 resettlement areas (in Than Uyen, Tan Uyen, and Tam Dao districts), 15 resettlement zones (in 15 communes and towns) with 60 resettlement points, resettling 2,661 households and 15,738 individuals, specifically as follows:

- Resettlement area in Than Uyen District: includes 6 resettlement zones (in Muong Mit, Na Cang, Ta Ha, Muong Kim, Phuc Than, and Ta Mung communes) with 32 resettlement points, resettling 1,341 households and 7,795 individuals, specifically as follows:

+ Muong Mit Commune Resettlement Zone: includes 6 resettlement points, resettling 320 households and 2,067 individuals;

+ Na Cang Commune Resettlement Zone: includes 3 resettlement points, resettling 57 households and 371 individuals;

+ Ta Ha Commune Resettlement Zone: includes 5 resettlement points, resettling 170 households and 891 individuals;

+ Muong Kim Commune Resettlement Zone: includes 7 resettlement points, resettling 344 households and 2,098 individuals;

+ Phuc Than Commune Resettlement Zone: includes 9 resettlement points, resettling 392 households and 2,233 individuals;

+ Ta Mung Commune Resettlement Zone: includes 2 resettlement points, resettling 58 households and 335 individuals.

- Resettlement area in Tan Uyen District: includes 7 resettlement zones (in Nam So, Nam Can, Ta Mit, Muong Khoa, Phuc Khoa, Than Thuoc, Pac Ta communes) with 23 resettlement points, resettling 1,061 households and 6,274 individuals, specifically as follows:

+ Resettlement area of Nam So commune: includes 2 resettlement points, accommodating 68 households, 478 individuals;

+ Resettlement area of Nam Can commune: includes 4 resettlement points, accommodating 121 households, 711 individuals;

+ Resettlement area of Ta Mit commune: 1 resettlement point, accommodating 36 households, 248 individuals;

+ Resettlement area of Muong Khoa commune: includes 5 resettlement points, accommodating 276 households, 1,531 individuals;

+ Resettlement area of Phuc Khoa commune: includes 2 resettlement points, accommodating 73 households, 411 individuals;

+ Resettlement area of Than Thuoc commune: includes 6 resettlement points, accommodating 219 households, 1,301 individuals.

+ Resettlement area of Pac Ta commune: includes 3 resettlement points, accommodating 268 households, 1,594 individuals;

- Resettlement area of Tam Duong district: includes 2 resettlement areas (in Tam Duong town and Son Binh commune) with 5 resettlement points, accommodating 259 households, 1,469 individuals, specifically as follows:

+ Resettlement area of Tam Duong town: 1 resettlement point, accommodating 32 households, 183 individuals;

+ Resettlement area of Son Binh commune: includes 4 resettlement points, accommodating 227 households, 1,286 individuals;

d. Production orientation: develop food crops (rice, corn), short-term industrial crops (peanuts, soybeans...), long-term industrial crops (tea...), fruit trees; plant protective forests, encircle and regenerate forests, and protect forests; raise large livestock, pigs, poultry... Each agricultural resettlement household is allocated an average of 0.3 to 0.5 hectares of paddy fields, 0.5 hectares of fixed upland fields, 0.2 to 0.5 hectares of perennial crop land; 0.7 to 1.0 hectares of forest planting land and 1.0 to 2.0 hectares of encircled regeneration forest land.

In addition to the production land allocated to each resettlement household as mentioned above, based on the specific land fund of each resettlement area and point, additional agricultural and forestry land may be allocated to each resettlement household to develop production.

e. Investment in infrastructure construction at resettlement areas and points: investment in infrastructure construction at 60 resettlement points within Lai Chau province, including water conservancy projects (dams, canals), transportation (roads, suspension bridges, concrete bridges, service roads for relocation), power grid system, domestic water supply, and construction of public facilities (schools, kindergartens, health stations, cultural houses, sports grounds (ground leveling), post offices, People's Committee headquarters, markets (ground leveling) and agricultural supplies stores).

f. Relocation and resettlement schedule: it is expected that the relocation and resettlement work will be completed in 2010, consistent with the progress of land clearance for construction sites, main project construction (dam, power plant), and meeting the reservoir filling schedule; the schedule for each year is as follows:

3. Project investors: The People's Committee of Lai Chau Province is the investor of the compensation, relocation, and resettlement project of the Ban Chat Hydropower Project. The Vietnam Electricity Corporation is the investor of the Ban Chat Hydropower Project and directly implements the following sub-projects: overall planning for relocation and resettlement of the Ban Chat Hydropower Project; compensation and land clearance for the construction site in Muong Kim commune, Than Uyen district; construction of a bypass road for National Highway 279; environmental sub-projects.

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

a. Allow project investors to apply the management mechanism and compensation, support, and resettlement policies of the Ban Chat Hydropower Project similar to those of the Son La Hydropower Project;

b. During implementation, if there are changes in the resettlement plan or the scale of infrastructure construction projects, allow project investors to adjust accordingly to the actual conditions at the resettlement points, but without increasing the capital investment allocated to the investors according to 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: 2,386,421 million VND, including:

- Compensation, support, and resettlement for households in the reservoir area and construction site: 1,624,610 million VND;

- Construction of a bypass road for National Highway 279: 250,000 million VND;

- Costs for the preparation of the overall planning and organization of the relocation and resettlement project: 21,653 million VND.

- Environmental costs: 24,741 million VND;

- Contingency reserve: 192,101 million VND;

- Interest on borrowed capital: 273,316 million VND.

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

c. Allocation of funds for project investors as follows:

+ Lai Chau Province: 1,798,864 million VND;

+ Vietnam Electricity Corporation: 587,557 million VND.

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 Ban Chat Hydropower Project in accordance with current regulations.

2. Responsibilities of the Vietnam Electricity Corporation

a. Based on the provisions of this Decision, implement the handover of the detailed planning documents for relocation and resettlement and the shoreline markers to the People's Committees of Lai Chau Province;

b. Coordinate with the Vietnam Development Bank on loan matters and funding for project investors to carry out compensation, support, and resettlement for the Ban Chat Hydropower Project. Ensure sufficient funds for project investors to make timely and on-schedule payments. Implement final accounts with the Vietnam Development Bank in accordance with regulations.

c. Organize the implementation of projects under the Vietnam Electricity Corporation's management in accordance with regulations. Closely cooperate with the People's Committees of Lai Chau Province during the process of compensation, support, and resettlement to ensure the schedule of the Ban Chat Hydropower Project.

3. Responsibilities of the People's Committee of Lai Chau Province

a. Direct the preparation, review, approval of detailed plans for resettlement areas and sub-projects, and organize the implementation of projects at resettlement areas in accordance with regulations. Ensure the schedule for compensation, support, and resettlement is consistent with the construction schedule of the Ban Chat Hydropower Project;

b. Integrate other programs and projects in the province with the relocation and resettlement project of the Ban Chat Hydropower Project to enhance investment efficiency and promote economic and social development in the province.

c. Direct the levels of administrative authority to closely coordinate with mass organizations at places where people are moving from and to, strengthen propaganda and mobilization work to ensure that the people strictly comply with regulations on compensation, support, relocation, and resettlement, and other related policies. Ensure democracy and transparency during the implementation process of the project to create conditions for the people to participate in supervising compensation, support, relocation, and resettlement. Effectively carry out inspection and supervision work to ensure the investment efficiency of the project.

d. Develop capital plans and register annual capital needs to implement the project with Vietnam Electricity Corporation and Vietnam Development Bank. Be responsible for paying late disbursement fees according to the provisions of Vietnam Development Bank. Manage, implement disbursement, payment, and final settlement of compensation, support, and resettlement funds for the Project in accordance with current regulations. Coordinate with Vietnam Electricity Corporation and Vietnam Development Bank to settle the project's investment capital.

4. Responsibilities of Vietnam Development Bank

a. Ensure sufficient capital allocation for project investors to implement compensation, support, and resettlement based on loan contracts signed between Vietnam Electricity Corporation and Vietnam Development Bank;

b. Directly disburse the portion of compensation, support, and resettlement capital to project investors in accordance with current regulations.

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

Organizations, households, and individuals subject to compensation and resettlement are responsible for strictly complying with this Decision. They shall also participate in supervising the implementation of compensation, support, and resettlement together with relevant organizations and local authorities.

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 Chairman of the People's Committee of Lai Chau Province are responsible for implementing this Decision.