Quyết định 64/2014/QD-TTg

DECISION

ON SPECIFIC POLICIES ON RELOCATION AND RESETTLEMENT OF PEOPLE IN AREAS UNDER IRRIGATION AND HYDROPOWER PROJECTS

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

Pursuant to the November 29, 2013 Land Law;

Pursuant to the National Assembly’s Resolution No. 62/2013/QH13 of November 27, 2013, on enhancing the management of the planning on, investment in, and construction and operation of, hydropower works;

Pursuant to the Government’s Decree No. 47/2014/ND-CP of May 15, 2014, providing compensation, support and resettlement upon land recovery by the State;

At the proposal of the Minister of Agriculture and Rural Development,

The Prime Minister promulgates the Decision on specific policies on relocation and resettlement of people in areas under irrigation and hydropower projects.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decision applies to the payment of compensations, support and resettlement of people in areas under the following projects:

a/ Irrigation and hydropower projects prescribed in Clause 1, Article 87 of the 2013 Land Law;

b/ Projects approved by the Prime Minister, including hydropower projects proposed by the Ministry of Industry and Trade and irrigation projects proposed by the Ministry of Agriculture and Rural Development;

c/ Irrigation and hydropower projects prescribed at Point a of this Clause, which are funded with ODA but not subject to any commitments on framework policies on compensation, support and resettlement;

d/ In addition to this Decision, other issues related to compensation and support for and resettlement of people in areas under irrigation and hydropower projects comply with the 2013 Land Law, the Government’s Decree No. 47/2014/ND-CP of May 15, 2014, on compensation, support and resettlement upon land recovery by the State (below referred to as Decree No. 47/2014/ND-CP) and other relevant laws.

2. This Decision applies to the provision of support for relocated people to stabilize their livelihood and production upon resettlement under irrigation and hydropower projects prescribed at Points a and b, Clause 1 of this Article for which payment of compensations, provision of support and resettlement have been completed.

Article 2. Subjects of application

1. For regulations on compensation, support and resettlement:

a/ Agencies performing the state management of land and relocation and resettlement of people in areas under irrigation and hydropower projects; organizations in charge of compensation and ground clearance;

b/ Land users as prescribed in Article 5 of the 2013 Land Law;

c/ Other organizations and individuals involved in the payment of compensations, provision of support and resettlement upon land recovery by the State for implementation of irrigation and hydropower projects.

2. For regulations on support for relocated people to stabilize their livelihood and production upon resettlement:

a/ Post-resettlement households and households affected by land recovery by the State for construction of resettlement zones or sites for irrigation and hydropower projects.

b/ Agencies performing the state management of the policies on stabilization of livelihood and production for people upon resettlement under irrigation and hydropower projects.

Article 3. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Irrigation or hydropower project area means the under-water area of the project reservoir, total construction site, concentrated or dispersed resettlement zones and sites of the project.

2. Affected household means a local household whose land is recovered by the State for construction of a resettlement zone or site for an irrigation or a hydropower project but not subject to relocation.

3. Resettled household means a household which is directly affected as the State recovers part or the whole of its land area for an irrigation or a hydropower project and subject to relocation.

4. Local household means a household which has registered permanent residence and is residing in a commune receiving resettled households.

5. Locality of departure means the locality having an irrigation or a hydropower project area where affected households subject to relocation and resettlement are residing.

6. Locality of arrival means the locality which receives resettled households.

7. Concentratedly resettled household means a household which is planned to be relocated to a resettlement site.

8. Dispersedly resettled household means a household which is planned to dispersedly resettle among local households.

9. Post-resettlement household means a resettled household or a household lawfully divided from a resettled household, which is residing in a hamlet or village in the resettlement area of an irrigation or a hydropower project.

10. Resettlement site means a residential site planned to be built, covering residential land, production land, special-use land and land for construction of infrastructure and public works.

11. Resettlement zone means an area planned for construction of resettlement sites, infrastructure systems, public works and production areas.

12. Resettlement area means a rural district, town or city planned to receive resettled people.

13. Total construction site means the land area used to build main works, auxiliary works, public works, workers’ accommodations and material storages to serve the construction of an irrigation or a hydropower project as approved by a competent authority.

Chapter II

COMPENSATION, SUPPORT AND RESETTLEMENT UPON LAND RECOVERY BY THE STATE

Article 4. Resettlement plans

1. Types of plans

a/ An irrigation or a hydropower project under which the relocation and resettlement of people are carried out in at least 2 rural districts or involve at least 300 households (in both the locality of departure and locality of arrival) shall formulate an overall relocation and resettlement plan and a detailed plan on resettlement zones and sites;

b/ An irrigation or a hydropower project under which the relocation and resettlement are carried out within 1 rural district or involve less than 300 households shall only formulate a detailed plan on resettlement zones and sites.

2. Planning requirements

a/ Overall relocation and resettlement plans must be formulated in line with socioeconomic development orientations, master plans on building new countryside and sectoral plans of each region or locality and in conformity with customs and traditions of each ethnic group;

b/ Detailed plans on resettlement zones and sites must:

- Conform to the approved overall relocation and resettlement plans. For projects not required to formulate overall relocation and resettlement plans, detailed plans on resettlement zones and sites must comply with Point a, Clause 2 of this Article;

- Arrange residential land and production land, land for water facilities serving daily-life and production activities, and land for infrastructure facilities in resettlement zones and sites while ensuring eco-environmental sustainability.

Article 5. Compensation for land

1. Resettled households which are relocated to rural concentrated resettlement sites are entitled to compensation for land (residential land and production land) through allocation of land with the same use purpose with recovered land under approved resettlement plans.

2. Dispersedly resettled households are entitled to compensation for land through allocation of residential land and production land in conformity with the land fund of dispersed resettlement sites as approved. However, the land area allocated to each resettled household must be at least equal to the average land area of local households.

3. For resettled households which have production land lying outside protection corridors of reservoirs as prescribed in Clause 1, Article 3 of the Government’s Decree No. 112/2008/ND-CP of October 20,2008, and are resettled at least 5 km away from their former production areas, provincial-level People’s Committees shall, based on local realities, decide on land recovery and compensation for land.

4. For resettled households and affected households having production land lying outside protection corridors of reservoirs as prescribed in Clause 1, Article 3 of the Government’s Decree No. 112/2008/ND-CP of October 20, 2008, which is less than 5 km away from their places of residence but inaccessible, provincial-level People’s Committees shall, based on local realities, decide on land recovery and compensation for land.

5. The difference between the values of land in the locality of departure and land in the locality of arrival in the cases of compensation for land prescribed in Clauses 1, 2, 3 and 4 of this Article shall be handled as follows:

a/ In case the value of allocated agricultural land is lower than the value of the recovered land, resettled households will receive compensation for the difference;

b/ In case the value of allocated agricultural land is higher than the value of the recovered land, resettled households will not be required to pay the difference.

Article 6. Compensation for land-attached assets

1. Resettled households whose production land is recovered under Clause 3 or 4, Article 5 of this Decision are entitled to compensation for land-attached assets. Provincial-level People’s Committees shall, based on local realities, decide on compensation for land-attached assets.

2. Resettled households whose production land is recovered under Clause 4, Article 5 of this Decision are entitled to compensation for land-attached assets.

3. Resettled households and affected households which are assigned forests (except special-use forests) for protection or zoning off and regeneration and have built camps on assigned land to serve forest protection work, have obtained written consents of forest assigners and registered the construction with commune-level People’s Committees, when having land recovered by the State, are entitled to compensation equaling the value of such camps, which, however, must not exceed 80% of the costs of building new camps. Provincial-level People’s Committees shall prescribe specific compensation levels.

4. Households whose fishing or carriage vessels become redundant as they are resettled in areas having no river or lake are entitled to compensation equaling the residual value of such vessels.

Article 7. Support for construction of houses, auxiliary facilities and appurtenance in resettlement sites

1. Resettled households are entitled to monetary support for building houses, auxiliary facilities and appurtenance at the following specific levels:

a/ Single-person households are entitled to support equaling 15 m² of construction;

b/ For multi-person households, the first person is entitled to support equaling 15 m² of construction, from the second person onward, each person is entitled to a support equaling 5 m² of construction.

2. House structure used for support calculation: 110-mm brick walls, tiled roofs, enameled tile-covered floors, wood, wood-and-glass or aluminum-and-glass doors and windows. House internal structures are designed to use group-IV timber or equivalent substitute materials.

3. The unit price used for support calculation is the construction unit price prescribed by provincial-level People’s Committees at the time of land recovery.

Article 8. Support for building makeshift roads for movement of people and assets

1. For reservoir foundation areas to be underwater where human-powered carriage or other modes of carriage are impossible, support shall be provided to build makeshift roads for movement of people and assets. The Ministry of Agriculture and Rural Development shall guide the implementation of this Clause.

2. If resettled households can move and carry assets by themselves, they will be entitled to monetary support. In this case, makeshift roads are not required. Specific support levels shall be prescribed by provincial-level People’s Committees.

Article 9. Support for livelihood stabilization

1. Food support for concentradedly and dispersedly resettled households

Upon the expiration of the support provision period prescribed at Point a, Clause 3, Article 19 of Decree No. 47/2014/ND-CP:

a/ Project owners shall continue providing food support for resettled households not yet allocated with sufficient production land under approved plans until such households are allocated with sufficient production land;

b/ Project owners shall continue providing food support for laborers of resettled households who wish to change their occupation under approved plans but have not yet received vocational training until they complete a vocational training course.

2. Health care support: Resettled households are entitled to one-off support for epidemic prevention and control in their new places of residence at the level of VND 100,000/person.

3. Education support: Each general school pupil of resettled households is entitled to one-off monetary support equaling the State-prescribed value of a set of textbooks for his/ her grade and exempted from making contributions for school construction for 3 consecutive school years after attending school at the new place of residence; and is not required to pay tuition fees in the first school year at the new place of residence.

4. Support for use of electricity for lighting: Resettled households are entitled to monthly support to pay for electricity or kerosene for lighting (for areas without access to electricity) for the first 12 months from the date of relocation to the new places of residence. The level of monthly monetary support for each household equals an electricity bill for 50 kWh, calculated at the retail price for residential electricity at the first grade of the current electricity retail tariff.

5. Support for fuel: Resettled households are entitled to support for fuel for the first 12 months from the date of relocation to the new places of residence. The level of monthly monetary support for each household equals 5 liters of kerosene calculated at the market price at the time of support provision.

Article 10. Support for production

1. For resettled households:

a/ Agricultural extension support shall be provided for 3 years for resettled households which are allocated agricultural production land being arid soil requiring improvement or reclaimed land. Specific support levels shall be prescribed by provincial-level People’s Committees;

b/ In case land reclamation and improvement are required to ensure sufficient production land for resettled households under approved plans, supports shall be provided at the following levels: VND 15,000,000 per hectare of reclaimed land, 10,000,000 per hectare of improved impoverished soil and VND 15,000,000 per hectare of land transformed into terraced fields.

2. When the State recovers land for construction of resettlement zones and sites, affected households shall be entitled to one-off support calculated based on the recovered production land area, which, however, must not exceed VND 2,000 for 1 m² of recovered land, specific support levels shall be prescribed by provincial-level People’s Committees.

Article 11. Other supports

1. Resettled households are entitled to support for visiting resettlement sites, covering expenses for travel, meals and accommodation during the visit. The State shall organize the visit for representatives of resettled households (one-off support), specific support levels shall be prescribed by provincial-level People’s Committees.

2. One-off support for carrying out procedures related to the relocation and resettlement. The support level is VND 1,000,000 per household.

3. Relocation schedule-based support: Households which relocate ahead of the schedule set by Compensation, Support and Resettlement Councils are entitled to a reward which, however, must not exceed VND 5,000,000 per household (one-off reward). Specific support levels shall be prescribed by provincial-level People’s Committees.

4. Ethnic groups which, by tradition, refuse to move graves to other places, are entitled to one-off support for conducting traditional rituals. Specific support levels shall be prescribed by provincial-level People’s Committees.

Article 12. Construction of concentrated resettlement zones and sites

1. Allocation of land in resettlement zones and sites:

a/ Residential land

- Each resettled household which is relocated to a rural concentrated resettlement site will be allocated at least 200 m² of residential land at such site. This residential land allocation quota may be higher in localities where land is abundant.

- Each resettled household which is relocated to an urban resettlement site will be allocated one residential land lot at such resettlement site.

b/ Production land for households relocated to rural concentrated resettlement sites:

- Households relocated to rural concentrated resettlement sites are entitled to compensation for production land through allocation of production land; land allocation quota shall be prescribed by provincial-level People’s Committees in conformity with realities but must not be lower than the local production land allocation quota.

- Households relocated to rural concentrated resettlement sites will be allocated forest land or land with water surface for aquaculture at resettlement sites as approved by competent authorities.

c/ The land allocation quotas prescribed at Points a and b, Clause 1 of this Article shall be specified by provincial-level People’s Committees.

2. Construction of rural houses:

a/ Resettled households may themselves build their houses with compensation and resettlement support money;

b/ In case resettled households cannot build their houses by themselves, project owners shall build or hire other organizations or individuals to build houses and then hand them over to resettled households. Construction funds shall be cleared against compensation and resettlement support amounts.

The construction of houses under Points a and b of this Clause must conform to approved detailed plans on resettlement zones and sites and house architecture styles must conform to customs and traditions of each ethnic group.

3. Investment in construction of residential water facilities: Villages and hamlets, which have their residential water sources affected as the State recovers land of households and individuals living therein for construction of rural concentrated resettlement zones and sites, are entitled to support for construction of residential water facilities.

4. Investment in construction of electricity facilities: Villages and hamlets, which have their electricity supply capacity badly affected as the State recovers land of households and individuals living therein for construction of rural concentrated resettlement zones and sites, are entitled to support for upgrading and renovation of electricity facilities serving production and daily-life activities.

Article 13. Construction of infrastructure at dispersed resettlement sites

1. Communes receiving dispersedly resettled households are entitled to support for renovation, extension and upgrading of public works and infrastructure facilities which are affected by the increase of population. The maximum support level is VND 30,000,000 for each lawfully resettled person, of which 70% will be invested directly in villages and hamlets receiving dispersedly resettled households, the remaining 30% will be used for renovation, extension and upgrading of public and infrastructure works of the communes.

2. The value of house construction conducted by resettled households is not liable to any charges and taxes.

Article 14. Management and handover of resettlement zones and sites

Public and infrastructure works in resettlement zones and sites, after being completely built, tested for acceptance and commissioned, shall be handed over to organizations and localities for management and use. The maintenance of such works must comply with current regulations.

Article 15. Funding sources for compensation, support and resettlement

1. Funds for compensation, support and resettlement include amounts to be paid as compensation, support and for resettlement for land recovered for implementation of investment projects, funds for organization of the payment of compensation, provision of support and resettlement, and other funds.

Compensation, support and resettlement expenses must be determined under compensation, support and resettlement plans approved by competent authorities.

2. Funds for compensation, support and resettlement upon land recovery by the State for project implementation are prescribed by follows:

a/ Funds for compensation, support and resettlement shall be calculated as expenses for implementation of investment projects;

b/ Owners of the projects prescribed at Points a and b, Clause 1, Article 1 of this Article shall ensure sufficient funds for compensation, support and resettlement;

c/ For projects other than those prescribed at Point b of this Clause, if project owners voluntarily advance compensation, support and resettlement expenses, they shall ensure funds for project implementation.

Chapter III

SUPPORT FOR STABILIZING LIVELIHOOD AND PRODUCTION FOR PEOPLE UPON RESETTLEMENT UNDER IRRIGATION AND HYDROPOWER PROJECTS

Article 16. Support policies

1. Support for shifting to plants and animals of higher economic value

a/ One-off support for purchase of seedlings and 3-year support for purchase of fertilizers to shift from annual plants to perennial trees, including tea, coffee, cacao, pepper, cashew, rubber, fruit trees, medicinal plants and bio-material crops;

b/ Support for purchase of seedlings and fertilizers for 3 consecutive crops to change the structure of short-term crops, including food crops, medicinal plants and other crops as guided by the Ministry of Agriculture and Rural Development;

c/ Double support for purchase of poultry and aquatic animal breeds or one-off support for purchase of cattle breeds, which, however, must not exceed VND 10,000,000 (ten million dong) per household. Provincial-level People’s Committees shall prescribe specific support levels;

d/ In addition to the policies prescribed at Points a, b and c of this Clause, poor households determined according to the current poverty line are also entitled to:

- One-off support at the level of VND 1,500,000 per household for renovating aquacultural ponds of at least 100 m²;

- One-off support at the level of VND 2,000,000 per household for building caging systems;

- One-off support for purchase of grass seeds for cattle rearing. The support level is VND 4,000,000 per hectare of grass land;

- Loan interest rate support equaling 50% of the loan interest rate currently applicable to poor households for loans for purchase of cattle, poultry or aquatic animal breeds or production development. The maximum loan amount eligible for the interest rate support is VND 50,000,000 per household. The interest rate support period is 3 years, specific support levels shall be prescribed by provincial-level People’s Committees.

dd/ Support for technical training under the Government’s Decree No. 02/2010/ND-CP of January 8, 2010, on agricultural extension.

2. Support for forest protection and development and combined agricultural and forest production:

a/ Households assigned with protection forests or production forests being natural forests for protection are entitled to an annual remuneration of VND 400,000 per hectare, if assigned forests have rich or medium reserves but are not for exploitation according to the Prime Minister’s instructions;

b/ Households allocated with land for planting production forests are entitled to one- off support of between VND 5,000,000 and 10,000,000 per hectare to purchase seedlings and fertilizers and cover part of labor costs. Specific support levels shall be prescribed by provincial-level People’s Committees.

3. Laborers of post-resettlement households and households affected by land recovery by State for construction of resettlement zones and sites, who wish to receive training to change their occupation and find jobs are entitled to state support as follows:

a/ One-off support equaling 1.5 times the vocational training expenses prescribed in the Prime Minister’s Decision No. 1956/QD-TTg of November 27,2009, approving the Scheme on vocational training for rural laborers up to 2020, for those attending short-term vocational training courses (preliminary and vocational training courses of less than 3 months);

b/ One-off support for payment of tuition fees for one training course, for those attending secondary or collegial vocational training courses. The rate of tuition fees paid by the State is the actual rates applied by training institutions but must not exceed the maximum tuition fee rates applied by public intermediate and collegial vocational training institutions prescribed by law.

4. Repair and upgrading of essential infrastructure facilities in resettlement zones and sites:

a/ One-off support for repair or upgrading of technical infrastructure facilities so as to meet the new-countryside criteria, including transportation, irrigation, residential and production electricity and residential water facilities already built in resettlement zones or sites with funds provided by irrigation or hydropower projects;

b/ In case of upgrading internal roads in resettlement sites: The State shall provide technical guidance and provide one-off support for purchase of materials, while local people shall contribute labor.

5. Arrangement and stabilization of population in concentrated resettlement sites which lack conditions for stabilizing livelihood and production for people after resettlement and are affected by natural disasters:

a/ To make detailed plans on concentrated resettlement sites so as to redistribute population in resettlement sites which lack conditions for stabilizing livelihood and developing production for people after resettlement and are affected by natural disasters such as landslide, flashflood, boulder stones, etc;

b/ To build infrastructure facilities and houses in concentrated resettlement sites in conformity with the new-countryside criteria, approved detailed plans on concentrated resettlement sites and customs and traditions of each ethnic group;

c/ Post-resettlement households which are subject to population redistribution and relocated to other communes or districts (households subject to relocation for the second time) are entitled to support as follows:

- Support for repair or purchase of materials for building of houses at the following levels: VND 15,000,000, for single-person households; VND 25,000,000, for households of between 2 and 4 persons; households of 5 persons or more will receive an additional support of VND 5,000,000 for each person from the 5th person on.

- Support for production: Post-resettlement households are entitled to support for purchase of breeds, fertilizers and plant protection drugs for planting annual crops, perennial trees and livestock rearing. The support levels are as follows: VND 3,500,000, for single-person households; multi-person households will receive an additional support of VND 1,500,000 for each person from the 2nd person on;

- Food support in cash equaling the value of 20 kg of rice per person per month. The support period is 12 months. The rice price used to calculate support is the average price of ordinary rice in local markets at the time of support provision.

Article 17. Funding sources for provision of support for stabilizing livelihood and production for people upon resettlement

1. State budgets.

2. Funds of state budget-funded programs and projects in localities.

Article 18. Formulation and implementation of projects to stabilize livelihood and production for people upon resettlement

Provincial-level People’s Committees shall, based on Articles 16 and 17 of this Decision, direct the formulation of investment projects to stabilize livelihood and production for people upon resettlement under irrigation and hydropower projects in their localities in conformity with provincial socio-economic development master plans and send such investment projects to the Ministry of Agriculture and Rural Development for appraisal and submission to the Prime Minister for consideration and decision.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 19. Responsibilities of ministries and central sectors

1. The Ministry of Agriculture and Rural Development shall:

a/ Guide the process and procedures for formulation, appraisal and approval of investment projects to stabilize livelihood and production for people upon resettlement under irrigation and hydropower projects; supervise implementation of such projects and report on project implementation results;

b/ Annually, based on the implementation of, and capital demands for, investment projects to stabilize livelihood and production for people upon resettlement under irrigation and hydropower projects, summarize and propose annual funding plans for projects to the Ministry of Planning and Investment and the Ministry of Finance;

c/ Summarize lists of work items and supports under investment projects to stabilize livelihood and production for people upon resettlement under irrigation and hydropower projects, made by provincial-level People’s Committees in conformity with this Decision, for submission to the Prime Minister for approval;

d/ Assume the prime responsibility for, and coordinate with ministries, sectors and localities in, organizing regular inspection and supervision of the implementation of investment projects to stabilize livelihood and production for people upon resettlement under irrigation and hydropower projects under this Decision; annually review and evaluate of the implementation of this Decision for reporting to the Prime Minister; detect and report shortcomings, difficulties and problems arising in the course of implementation to the Prime Minister for consideration and decision.

2. The Ministry of Planning and Investment shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development in, summarizing central budget funds for implementation of investment projects to stabilize livelihood and production for people upon resettlement under irrigation and hydropower projects based on their approved funding levels of projects;

b/ Annually, based on the capacity for allocation of investment capital from the central budget and the implementation progress and capital demands of investment projects to stabilize livelihood and production for people upon resettlement under irrigation and hydropower projects as reported by the Ministry of Agriculture and Rural Development, assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Agriculture and Rural Development and related agencies in, estimating state budget funds for implementation of these policies and, on that basis, include such funds in the annual state budget estimates for reporting to the Government for submission to the National Assembly for consideration and decision in accordance with the Law on the State Budget.

3. The Ministry of Finance shall:

a/ Annually, balance financial sources for allocation of state budget funds for implementation of these policies;

b/ Assume the prime responsibility for guiding, inspecting, managing, allocating, paying and settling compensation, support and resettlement funds and funds for investment projects to stabilize livelihood and production for people upon resettlement under irrigation and hydropower projects.

4. The Ministry of Industry and Trade shall guide and inspect the formulation of master plans on development of industries and cottage industries in combination with production and processing of agricultural and forest products in irrigation and hydropower project areas.

5. The Ministry of Construction shall guide and inspect the implementation of construction plans of rural and urban resettlement sites; house construction plans and master plans on construction of new countryside; and guide construction standards, norms and cost estimates of works in resettlement zones and sites.

6. The Ministry of Natural Resources and Environment shall assume the prime responsibility for guiding and inspecting the elaboration of cadastral dossiers, land recovery and allocation, grant of certificate of land use rights and house and other land-attached asset ownership to resettled households in conformity with characteristics and conditions of irrigation and hydropower project areas.

7. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related ministries and sectors in, proposing to the Prime Minister mechanisms and policies on employment, vocational training and occupation change for people whose agricultural land is recovered.

8. Other ministries and sectors shall, based on their functions and tasks, coordinate with the Ministry of Agriculture and Rural Development and provincial-level People’s Committees in settling matters arising in the course of implementation of this Decision.

Article 20. Responsibilities of project owners

Owners of irrigation and hydropower projects shall closely coordinate with provincial-, district-, and commune-level People’s Committees of localities where their works exist so as to effectively implement such projects; and promptly provide sufficient funds for compensation, support and resettlement for their projects.

Article 21. Responsibilities of provincial-level People’s Committees

1. To organize the formulation of investment projects to stabilize livelihood and production for people after resettlement under irrigation and hydropower projects under the guidance of the Ministry of Agriculture and Rural Development. To direct functional agencies in organizing the implementation of these projects under current regulations and this Decision.

2. To register annual capital demands and plans on use of central budget funds for projects with the Ministry of Agriculture and Rural Development for the latter to summarize and send such plans to the Ministry of Planning and Investment and the Ministry of Finance for submission to the Prime Minister for decision.

3. Annually, to coordinate with ministries and sectors in allocating capital for, and organize the implementation of, projects under regulations, ensuring implementation progress according to schedules. To conduct regular inspection and supervision of the management of projects in their localities and compliance with the prescribed reporting regime; quarterly, to report on the management and use of central budget funds under regulations and send such reports to the Ministry of Planning and Investment, the Ministry of Finance and Ministry of Agriculture and Rural Development.

4. To direct and implement the integration of existing programs and projects in their localities for investment in socio-economic development in resettlement zones sites and closely coordinate with irrigation and hydropower project owners in organizing compensation, support and resettlement and providing support for stabilizing livelihood and production for people upon resettlement under irrigation and hydropower projects.

5. To organize public communication and mobilize people to strictly abide by the policies prescribed in this Decision so as to ensure implementation progress of investment projects to build irrigation or hydropower works.

Chapter V

IMPLEMENTATION PROVISIONS

Article 22. Effect

1. This Decision takes effect on January 15, 2015.

2. To annul the Prime Minister’s Decision No. 34/2010/QD-TTg of April 8, 2010, promulgating the Regulation on compensation, support and resettlement under irrigation and hydropower projects.

Article 23. Transitional provisions

1. For provisions on compensation, support and resettlement upon land recovery by the State: Projects and work items for which compensation, support and resettlement work has been completed and projects and work items for which compensation, support and resettlement plans have been approved before the effective date of this Decision are not governed by this Decision.

2. For provisions on support for stabilizing livelihood and production for people after resettlement: Irrigation and hydropower projects prescribed at Point a or b, Clause 1, Article 1 of this Decision for which compensation, support and resettlement work has been completed since after 2006.

Article 24. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-