THE PRIME MINISTER

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

Pursuant to November 26, 2003 Land Law;

Pursuant to Resolution No. 44/2001/QH10 of the 9th session of the Xth National Assembly and Resolution No. 13/2002/QH11 of the 2nd session of the XIth National Assembly on Son La hydroelectric power project;

Pursuant to the Government's Decree No. 22/1998/ND-CP of August 24, 1998;

Pursuant to the Investment and Construction Management Regulation promulgated together with the Government's Decree No. 52/1999/ND-CP of July 8, 1999, which was amended and supplemented in Decree No. 12/2000/ND-CP of May 5, 2000 and Decree No. 07/2003/ND-CP of January 30, 2003;

Pursuant to the Prime Minister's Decision No. 92/QD-TTg of January 15, 2004 approving the investment in Son La hydroelectric power project;

Pursuant to the Prime Minister's Decision No. 459/QD-TTg of May 12, 2004 promulgating the Regulation on compensation, population relocation and resettlement for Son La hydroelectric power project;

Pursuant to the Prime Minister's Decision No. 1251/QD-TTg of November 23, 2004 amending and supplementing a number of articles of Decision No. 459/QD-TTg of May 12, 2004.

At the proposal of the Planning and Investment Ministry (in Official Dispatch No. 6663-BKH/TDamp;GSDT of October 21, 2004), the Agriculture and Rural Development Ministry (in Report No. 2013/BNN-HTX of August 26, 2004) and opinions of the People's Committees of Son La, Dien Bien and Lai Chau provinces,

DECIDES:

Article 1.- To approve the general planning on population relocation and resettlement for Son La hydroelectric power project with the following contents:

1. Objectives, tasks and requirements of the population relocation and resettlement for Son La hydroelectric power project

a) Objectives:

The population relocation and resettlement for Son La hydroelectric power project must create conditions for resettled people to stabilize their residence and life as soon as possible, on the basis of tapping potentials in natural resources and labor, in order to step by step restructure the economy, develop production, raise their incomes and make their material and spiritual life better than at their previous places of residence, thus contributing to the socio-economic development of the Northwestern region along the direction of agricultural and rural industrialization and modernization, the firm maintenance of socio-political stability, defense, security, and the protection of ecological environment.

b) Tasks: From now till 2010, to organize the compensation, relocation and resettlement of households and individuals subject to the population relocation and resettlement; to pay compensations for removal and reconstruction of infrastructure and socio-cultural-architectural works of organizations and units lying in the construction site and submerged zone of the reservoir of Son La hydroelectric power project.

c) Requirements:

- The population relocation and resettlement must be organized and conducted with close coordination among administrations of all levels, branches and mass organizations under the guidelines: the central government prescribes and guides the general mechanism and policies, the provinces concretize and organize the implementation thereof.

- Resettlement is organized mainly in the region or in the same province and takes different forms: concentrated quarters in rural and urban areas, intermingling, voluntary movement, suitability with production conditions, traditions, customs and aspirations of ethnic minority people in clearance as well as resettlement areas. To encourage people to remove their old houses and build their dwelling houses in resettlement areas by themselves under the planning, and encourage the form of intermingled resettlement. In the population relocation and resettlement importance must be attached to the preservation and promotion of cultural traits and solidarity between resettled people and local people.

- To prioritize capital sources from integration of other investment programs and projects in the locality (traffic, irrigation, electric power, construction of new urban areas, etc.) with the population relocation and resettlement project for construction of synchronous infrastructure systems in resettlement areas.

2. Plans on population relocation and resettlement

a) Regarding damage and number of people to be relocated till 2010:

- The total to be-submerged land area shall be 23,333 hectares, including 7,670 hectares of agricultural land, 3,170 hectares of forestry land covered with forests, 879 hectares of special-use land, 527 hectares of residential land and 11,087 hectares of unused land.

- The total value of property damage of resettled households, architectural works and infrastructures shall be around VND 1,788 billion, of which the value of damaged property of organizations shall be VND 737 billion, while that of households and individuals shall be VND 1,051 billion.

- The number of people to be relocated by 2010 (with a reserve rate of 10%) shall be 18,897 households with 91,100 people (12,479 households with 62,394 people in Son La province; 3,840 households with 14,959 people in Dien Bien province; and 2,578 households with 13,747 people in Lai Chau province) of 8 affected rural districts and provincial towns (3 rural districts of Son La province, 3 rural districts of Dien Bien province, and 2 rural districts of Lai Chau province).

b) Tentative plans on resettlement:

For Son La province: In Son La province, there exist 10 areas (in 10 rural districts), 83 quarters (in 83 communes), 218 resettlement spots, where 100% of the province's to be-resettled households, including 12,479 households with 62,394 people, are to be resettled as follows:

- The resettlement area of Quynh Nhai rural district: This area consists of 9 quarters with 30 spots for resettlement of 2,070 households (including 560 non-agricultural households in Phieng Lanh district township, and 1,510 agricultural households). Production directions: cultivation of food crops, short-term industrial plants, fruit trees, planting of raw material forests, raising of cattle. Each resettled household shall be assigned between 1.0 and 1.5 hectares of agricultural land, between 3.0 and 5.0 hectares of forestry land and land for cattle pasture. For non-agricultural households, the main production lines shall be industrial production and service provision.

- The resettlement area of Muong La rural district: This area consists of 7 quarters, 17 spots for resettlement of 1,439 households. Production directions: cultivation of rice, maize and other food crops, industrial plants, fruit trees, planting of raw material forests, raising of cattle and poultry. Each resettled household shall be assigned between 1.2 and 1.5 hectares of agricultural land, between 0.5 and 1.0 hectare of forestry land and land for cattle pasture or aquaculture.

- The resettlement area of Thuan Chau rural district: This area consists of 16 quarters, 39 spots for resettlement of 1,677 households. Production directions: cultivation of food crops, industrial plants such as tea of all kinds, arabica coffee, fruit trees, and planting of raw material forests; raising of cattle and poultry. Each resettled household shall be assigned between 1.2 and 1.5 hectares of agricultural land, between 1.5 and 2.0 hectares of forestry land and land for pasture development.

- The resettlement area of Moc Chau rural district: This area consists of 13 quarters, 28 spots for resettlement of 1,651 households. Production directions: cultivation of food crops, planting of tea, vegetables of all kinds, fruit trees; raising of milch cows and beeves. Each resettled household shall be assigned between 0.5 and 1.0 hectare of land for planting perennial trees, between 0.5 and 1.0 hectare of forestry land and land for pasture development.

- The resettlement area of Mai Son rural district: This area consists of 13 quarters, 36 spots for resettlement of 1,665 households. Production directions: cultivation of food crops, high-yield maize, planting of tea and other industrial plants and planting of assorted vegetables, fruits trees and raw material forests; raising of cattle. Each resettled household shall be assigned between 1.5 and 2.0 hectares of agricultural land, between 2.0 and 2.5 hectares of forestry land and land for pasture development.

- The resettlement area of Yen Chau rural district: This area consists of 7 quarters, 16 spots for resettlement of 750 households. Production directions: cultivation of food crops, planting of raw material trees, tea, fruit trees and raw material forests; raising of cattle; and production of livestock feeds. Each resettled household shall be assigned between 1.0 and 1.5 hectares of agricultural land, between 2.0 and 2.5 hectares of forestry land and land for pasture development.

- The resettlement area of Song Ma rural district: This area consists of 5 quarters, 17 spots for resettlement of 830 households. Production directions: cultivation of food crops, planting of industrial plants, vegetables, fruit trees and raw material forests; raising of cattle. Each resettled household shall be assigned between 1.2 and 1.6 hectares of agricultural land, between 1.5 and 2.0 hectares of forestry land and land for pasture development.

- The resettlement area of Sop Cop rural district: This area consists of 5 quarters, 19 spots for resettlement of 885 households. Production directions: Cultivation of food crops, planting of short-term industrial plants, vegetables, perennial trees (largely fruit trees) and raw material forests; raising of cattle. Each resettled household shall be assigned between 1.2 and 1.7 hectares of agricultural land (including between 0.2 and 0.3 hectare for rice cultivation), and between 2.0 and 2.5 hectares of forestry land and land for pasture development.

- The resettlement area of Bac Yen rural district: This area consists of 4 quarters and 7 spots for resettlement of 350 households. Production directions: cultivation of food crops, planting of short-term industrial plants, perennial trees, including largely tea and fruit trees, and raw material forests; raising of beeves. Each household shall be assigned between 1.0 and 1.3 hectares of land for planting of annual crops, between 0.7 and 1.0 hectare of land for planting of perennial trees, and between 2.5 and 4.0 hectares of forestry land and land for pasture development.

- The resettlement area of Son La provincial capital: This area consists of 4 quarters and 9 spots for resettlement of 470 households. Production directions: cultivation of food crops, planting of short-term industrial plants, vegetables, perennial trees, including coffee, tea and fruit trees, and raw material forests; raising of cattle and poultry. Each household shall be assigned between 1.2 and 1.4 hectares of agricultural land, and between 0.5 and 0.7 hectare of forestry land and land for pasture development.

For Lai Chau province: In Lai Chau province, there exist 4 areas, 7 quarters and 24 spots for resettlement, where a total of 4,043 households, including 100% of Lai Chau province's households (2,578 households) and around 1,500 households of Dien Bien province, are planned to be resettled as follows:

- The resettlement area of Sin Ho rural district: This area consists of 3 quarters, 13 spots for resettlement of 1,666 households:

+ The resettlement area in the low-lying areas of Sin Ho rural district: This area consists of 9 spots for resettlement of 1,246 households of low-lying communes of Sin Ho rural district. The main production directions of the area shall be cultivation of wet rice, high-yield maize, groundnut, soybean, and planting of raw material forests; and development of husbandry. On average, each household shall be assigned 0.63 hectare of land for rice cultivation; 1.93 hectares of land for terraced fields, 0.2 hectare of land for planting of perennial trees, and between 2.0 and 3.0 hectares of forestry land and land for pasture development.

+ Le Loi resettlement area: This area consists of 3 spots for resettlement of 270 households of Le Loi commune. Production directions: cultivation of wet rice, high-yield maize, groundnut, soybean, planting of paper raw material forests; development of husbandry. On average, each household shall be assigned 0.27 hectare of land for rice cultivation, 0.4 hectare of land for terraced fields, and between 1.5 and 2.0 hectares of forestry land and pasture land.

+ Chieng Chan resettlement area: This area consists of one spot for resettlement of 150 households of Chan Nua commune. Production directions: cultivation of rice, maize, planting of bamboo for bamboo shoots and paper raw materials; efficient use of semi-submerged land. On average, each household shall be assigned 0.72 hectare of agricultural land (including 0.6 hectare for rice cultivation), 1.25 hectares of forestry land for planting of paper raw material trees, and 0.3 hectare of semi-submerged land.

- The resettlement area of Muong Te rural district: This area consists of Nam Hang resettlement quarter and 4 spots for resettlement of 377 households of Nam Hang commune. Production directions: cultivation of wet rice, maize, groundnut, soybean, planting of raw material forests and development of husbandry. On average, each household shall be assigned 0.53 hectare of land for rice cultivation, 1.39 hectares of land for terraced fields, 0.3 hectare of land for planting of perennial trees, and between 1.5 and 2.0 hectares of forestry land and pasture land.

- Phong Tho resettlement area: This area consists of one resettlement quarter in Pa Sonbsp; Huoi - Luong, and 2 spots for resettlement of 500 households, including 300 non-agricultural households of Lai Chau provincial town (Dien Bien province) and 200 non-agricultural households of Chan Nua commune. Production directions: cultivation of rice, maize, planting of bamboo for bamboo shoots and paper raw materials. On average, each household shall be assigned 0.4 hectare of land for rice cultivation, 1.4 hectares of land for terraced fields, 0.3 hectare of land for planting of perennial trees, and between 1.5 and 2.0 hectares of forestry land and pasture land.

- Tam Duong resettlement area: This area consists of 2 quarters with 5 spots for resettlement of 1,500 households:

+ The resettlement quarter of new Lai Chau provincial town: This area consists of 2 spots for resettlement of 1,000 households, including 800 non-agricultural households of old Lai Chau provincial town and 200 agricultural households of Chan Nua commune. The resettlement scale must be in line with the development planning of new Lai Chau provincial town for resettlement of non-agricultural households.

+ Binh Lu resettlement quarter: This area consists of 3 spots for resettlement of 500 households, including 100 non-agricultural households and 400 agricultural households (including 200 households of Chan Nua commune and 200 households from other localities). Production directions: cultivation of rice and maize, planting of fruit trees and raw material forests and development of cow farming. Each household shall be assigned between 1,2 and 1.5 hectares of agricultural land, and between 2.0 and 3.0 hectares of forestry land and pasture land.

Dien Bien province: It is forecasted that by 2010, Dien Bien province's population to be relocated shall be 3,840 households, of which 2,739 households shall be resettled in the province, including 2.087 households for urban resettlement and 652 households for rural resettlement (200 households have been already relocated to Nam Chim and Si Pa Phin model resettlement areas); and 1,101 households shall be resettled in Lai Chau province. The resettlement plans shall be as follows:

- The resettlement area of old Lai Chau provincial town: This area consists of 3 quarters with 3 spots for resettlement of 900 households, of which 475 households wishing to be resettled right in their localities shall be arranged in the immediate future. Production directions: cultivation of wet rice, high-yield maize, soybean, and development of husbandry. Each resettled household shall be assigned between 1.1 and 1.5 hectares of agricultural land (of which 0.4-0.6 hectare for rice cultivation), and between 2.0 and 2.5 hectares of forestry land and pasture land.

- The resettlement area of Dien Bien Phu city: This area consists of 4 quarters in 4 wards of Noong Bua, Thanh Truong, Nam Thanh and Tan Thanh, for resettlement of 1,000 households. In the immediate future, 819 households (including 116 agricultural households and 703 non-agricultural households of old Lai Chau provincial town) which wish to be resettled right in Dien Bien Phu city shall be arranged.

- The resettlement area of Dien Bien district township: This area consists of 1 quarter with 1 spot for resettlement of 400 households. In the immediate future, 84 non-agricultural households of Lai Chau provincial town shall be resettled. Dien Bien district township is expected to be formed in Pu Tuu for resettlement of around 400 households, of which 84 households shall be arranged in the immediate future.

- The resettlement area of Dien Bien rural district: This area consists of 1 quarter in Muong Nha with 2 spots for resettlement of 300 households, of which 134 agricultural households of Lai Chau provincial town shall be arranged in the immediate future. Production directions: cultivation of wet rice, planting of fruit trees, protective and production forests; raising of bovine animals for meat. Each resettled household shall be assigned around 1.3 hectares of agricultural land (including 0.35 hectare for rice cultivation, 0.4 hectare for terraced fields), and between 0.8 and 1.0 hectare of forestry land and pasture land.

- The resettlement area of Dien Bien Dong rural district: This area consists of one quarter with one resettlement spot in Pu Nhi for settlement of 200 households of Lay Nua commune. Production directions: cultivation of wet rice, tea, planting of protective forests and production forests; raising of bovine animals for meat. Each household shall be assigned around 1.5 hectares of agricultural land (including 0.4 hectare for rice cultivation, 0.5 hectare for terraced fields), between 0.7 and 1.0 hectare of forestry land and pasture land.

- The resettlement area of Muong Lay rural district: This area consists of 3 quarters with 3 spots for resettlement of 300 households, of which 200 households from Chan Nua commune have been received for resettlement in Nam Chim, while 100 others shall be arranged in 2 spots of Van Ho and Ho Chim. Production directions: cultivation of wet rice, high-yield maize, groundnut, soybean; zoning off for tending and protection of forests; development of husbandry. Each household shall be assigned around 2.5 hectares of agricultural land (including 1.1 hectares for rice cultivation), between 3.5 and 5.7 hectares of forestry land and pasture land.

- The resettlement area of Tua Chua rural district: This area consists of 3 quarters with 3 spots for resettlement of 400 households, of which 170 households shall be arranged for resettlement right in the locality in the immediate future. Production directions: cultivation of wet rice, high-yield maize, groundnut, soybean, planting of raw material forests and development of husbandry. Each household shall be assigned around 1.2 hectares of agricultural land (including 0.39 hectare for rice cultivation and 0.4 hectare for terraced fields), and between 0.8 and 1.0 hectare of forestry land and pasture land.

- The resettlement area of Muong Nhe rural district: This area consists of 5 quarters with 11 spots for resettlement of 1,421 households (including 300 non-agricultural households and 1,121 agricultural households). In the immediate future, 672 households (including 290 households of old Lai Chau provincial town, 217 households of Muong Lay rural district and 165 households of Tua Chua rural district) shall be resettled. Production directions: cultivation of wet rice, high-yield maize, groundnut and soybean; zoning off for tending and protection of forests; development of husbandry. Each household shall be assigned around 1.8 hectares of agricultural land (including between 0.4 and 0.7 hectare for rice cultivation), between 2.5 and 3.0 hectares of forestry land and pasture land.

c) Specific plans for arrangement of quarters, spots and resettlement households in the said provinces shall be realized in accordance with the data in the principal report of the general planning on population relocation and resettlement for Son La hydroelectric power plant project, enclosed with Report No. 2013-BNN-HTX of August 26, 2004 of the Ministry of Agriculture and Rural Development.

d) Tempo of population relocation and resettlement: The tempo of population relocation and resettlement must correspond to the reservoir water level raising tempo. The projected tempo for the years from 2004 till 2010 shall be as follows:

Calculation unit: household

3. Total investment capital, capital sources and phasing of investment capital:

a) Total investment capital shall be VND 10,294,915 million, of which:

- For resettlement in rural areas: VND 7,092,873 million

- For resettlement in urban areas: VND 1,650,000 million

- Other expenses (survey, designing, management and reserve fund): VND 1,552,042 million.

b) Investment capital sources:

- Capital source from Vietnam Electricity Corporation: VND 4,633,031 million.

- Capital source from the State budget: VND 5,000,000 million.

- Capital sources being preferential loans and mobilized from households and enterprises for production development are estimated at VND 661,884 million.

c) Projected annual phasing of investment capital:

Calculation unit: VND million

Article 2.- Organization of implementation

1. Responsibilities of the ministries and central branches

a) The Ministries of Agriculture and Rural Development; Industry; Construction; Planning and Investment; Finance; and Transport; the State Bank of Vietnam; the concerned ministries and branches and Vietnam Electricity Corporation shall perform their respective tasks regarding the population relocation and resettlement for Son La hydroelectric power plant project, assigned by the Prime Minister in Decision No. 92/QD-TTg of January 15, 2004 approving the investment in Son La hydroelectric power project; Decision No. 677/QD-TTg of June 18, 2004 promulgating the Regulation on operation of the State Steering Board for Son La hydroelectric power project; and Decision No. 459/QD-TTg of May 12, 2004 promulgating the Regulation on compensation, population relocation and resettlement for Son La hydroelectric power project.

b) The Ministry of Agriculture and Rural Development shall, apart from the tasks prescribed in Item a, Clause 1 of this Article, have to perform the following tasks:

- Guiding the People's Committees of Son La, Dien Bien and Lai Chau provinces to work out, evaluate and approve detailed plannings on resettlement areas in their respective provinces as well as plannings on agricultural and forestry production areas associated with the processing and sale of products, focusing first of all on the resettlement areas for Son La hydroelectric power project.

- Directing the formulation of the project on protection, restoration and development of forests in the Northwestern region, with a special attention paid to the restoration of protective forests in Da river system, then submitting it to the Prime Minister for approval.

- Evaluating and approving detailed plannings on resettlement areas of each province for resettling people from other provinces, resettlement areas built in the course of population relocation and resettlement, which have not yet been included in the plans on resettlement organization prescribed in Item b, Clause 2, Article 1 of this Decision, then summing up and reporting them to the Prime Minister.

- Considering and giving its comments to Son La, Dien Bien and Lai Chau provinces on the adjustment, addition of the number of households to be arranged in the resettlement areas prescribed in Item b, Clause 2, Article 1 of this Decision at the requests of the People's Committees of such provinces.

- Guiding the provinces to organize the inspection and supervision in the course of compensation, population relocation and resettlement from the stage of formulation of detailed plannings and implementation of component projects till the handover and putting of the project to use.

- After the provinces complete their detailed plannings, the Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the concerned ministries and branches as well as the People's Committees of Son La, Dien Bien and Lai Chau provinces in, adjusting and supplementing the general planning for submission thereof to the Prime Minister for decision.

c) The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the People's Committees of Son La, Dien Bien and Lai Chau provinces in, expeditiously devising plans on reorganization of administrative units of submerged communes and communes receiving resettling population, then submitting them to competent authority for approval.

d) The Ministry of Fisheries shall guide Son La, Dien Bien and Lai Chau provinces to work out the planning on development of aquaculture; direct the scientific research agencies and the National Center for Fishery Promotion to guide farmers in selecting appropriate aquatic species and breeds and aquaculture techniques suitable to the reservoir-bed region in Da river system.

e) The Ministry of Culture and Information shall assume the prime responsibility for, and coordinate with the People's Committees of Son La, Dien Bien and Lai Chau provinces in, surveying, assessing and formulating the project on preservation of cultural heritages in the reservoir-bed submerged region as well as the resettlement areas, then submitting them to competent authority for approval according to current regulations.

2. Responsibilities of the People's Committees of Son La, Dien Bien and Lai Chau provinces

a) The People's Committees of Son La, Dien Bien and Lai Chau provinces shall:

- Organize the performance of tasks regarding the population relocation and resettlement for Son La hydroelectric power project, assigned by the Prime Minister in Decision No. 92/QD-TTg of January 15, 2004 approving the investment in Son La hydroelectric power project; Decision No. 677/QD-TTg of June 18, 2004 promulgating the Regulation on operation of the State Steering Board for Son La hydroelectric power project; and Decision No. 459/QD-TTg of May 12, 2004 promulgating the Regulation on compensation, population relocation and resettlement for Son La hydroelectric power project.

- Direct the formulation, evaluation and approval of detailed plannings on resettlement areas already determined in this general planning according to the mechanisms and policies prescribed in the Prime Minister's Decision No. 459/QD-TTg of May 12, 2004 and Decision No. 1251/QD-TTg of November 23, 2004 and the guidance of the Ministry of Agriculture and Rural Development on the contents and order of detailed plannings on resettlement areas (in Official Dispatch No. 2592/BNN-HTX of October 27, 2004).

- Integrate other programs and projects in their respective provinces with the project on compensation and population relocation and resettlement for Son La hydroelectric power project, in order to maximize the investment efficiency and promote the socio-economic development in their provinces.

b) Regarding the detailed plannings: The People's Committees of Son La, Dien Bien and Lai Chau provinces must pay attention to the following contents:

+ Expeditiously directing the formulation, evaluation and submission for approval of detailed plannings on the resettlement quarters and spots in their respective localities, including plannings on urban areas for receiving resettled population, in such district townships as: Quynh Nhai in Phieng Lanh, Muong La and Sop Cop (Son La province); the planning on expansion of Dien Bien Phu city and district townships of Dien Bien, Muong Nhe and old Lai Chau (Dien Bien province); new Lai Chau provincial town, district townships of Pa So and Binh Lu (Lai Chau province), to be completed in 2005. For the resettlement areas which shall receive population in 2005-2006, their detailed plannings must be finalized with priority in the first six months of 2005.

+ Detailed plannings must clarify matters which remain unclear in the general planning, as pointed out by the Planning and Investment Ministry in Official Dispatch No. 663/BKH-TDamp;GSDT of October 21, 2004.

c) Administrations of all levels of Son La, Dien Bien and Lai Chau provinces shall closely coordinate with the Party Committees of all levels and mass organizations in localities, where population move out or move in, in enhancing the propaganda to, and mobilization of people to strictly observe the regulations on compensations, supports, population relocation and resettlement and other relevant policies. To practice democracy and publicity in the course of project implementation, thus creating conditions for the people to take part in the supervision of compensation, support and population relocation and resettlement. To well perform the direction, inspection and supervision of the project implementation so as to guarantee the investment efficiency.

Article 3.- Implementation provisions

This Decision takes effect 15 days after its publication in the Official Gazette.

The Ministers of Agriculture and Rural Development; Planning and Investment; Finance; Industry; Construction; Transport; Culture and Information; Home Affairs, and Fisheries; the Governor of the State Bank of Vietnam, the heads of the concerned ministries and branches, the General Director of Vietnam Electricity Corporation and the presidents of the People's Committees of Son La, Dien Bien and Lai Chau provinces shall have to implement this Decision.

Prime Minister