Resettlement, Livelihoods and Ethnic Minorities Development Program (rldp) Final version – March 2010 Annexes Annexes

National Legal Framework References

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6.3. Official Project Documents

6.2. National Legal Framework References

Year	Document
1992	Constitution of the Socialist Republic of Viet Nam
1993	Decree No. 64/1993/CP on the distribution of agricultural land to households for long-term agricultural purposes
1993	Circular No.05-BXD/DT, 1993, on the classification of house types.
1993	Decision no. 525-TTg dated 02-November-1993 of the Prime Minister on policy and measures to continue for economic development in mountainous areas.
1994	Decree No. 60/1994/CP on property ownership and the right to use urban residential land.
1994	Decree No.61/1994/CP, on the purchase, sale and trading of residential dwellings.
1996	Decree No.45/1996/CP amending Article 10 of Decree No. 60/1994/CP, allowing land use rights to those not eligible under Decree No. 60.
1998	Law on water resources No.08/1998/QH10 dated May 20th 1998
1998	Law on complaints and denunciations No.09/1998/QH10 dated December 2nd 1998
2001	Law on cultural heritage No.28/2001/QH10 dated June 29, 2001
2003	Decree No. 17/2003/ND-CP, promulgating regulation on exercise of democracy in communes (requirements for consultation with and participation of people in communes).
2003	Land Law 2003, no. 13/2003/QH11
2003	Construction Law 16/2003/QH 11 on compensation and relocation of people affected by ground clearance for investment projects.
2004	Law on forest protection and development No.29/2004/QH11 dated December 3rd 2004
2004	Decision No. 134/2004/QD-TTg of the Prime Minister on assistance policies for Ethnic Minorities
2004	Decree 197/2004/ND-CP: Compensation, Allowances and Resettlement in Case of Land Acquisition by the Government
2004	Decision No. 134/2004/QD-TTg of the Prime Minister on assistance policies to Ethnic Minorities.
2004	Temporary policy framework on compensation, allowance, and resettlement of Ban Ve Hydropower Project promulgated pursuant to Official Letter No. 1174/CV-NLDK by the Ministry of Industry
2004	Decision No. 153/2004/QD-TTg of the Prime Minister promulgating the oriented strategy for sustainable development in Viet Nam (Vietnam’s agenda 21).
2004	Decree 181/2004/ND-CP of the Government of Vietnam guiding the implementation of the Land Law.
2004	Decree No. 182/2004/ND-CP, on penalties for administrative violations in land issues.
2004	Decree No. 188/2004/ND-CP regulates the methodology for determining land prices and price frames for State recovery of land, as well as for taxation on land use and the transfer of land use rights and for land rents for government lands
2004	Circular 114/2004/TT-BTC guiding the implementation of the Government’s decree No 188/2004/ND-CP. Elaborates in detail the methods (direct comparison and income methods) for determining land prices
2004	Circular 117/2004/TT-BTC, guiding the implementation of Decree 188
2004	Decree 197/2004/ND-CP on compensation, support and resettlement when land is recovered by the State
2004	Circular 116/2004/TT-BTC guiding the implementation of Decree 197/2004/ND-CP of December 3, 2004 on compensation, support and resettlement when land is recovered by the State.
2004	Decree 198/2004/ND-CP on collection of land use levies
2004	Law on child protection, care and education No.25/2004/QH11 dated June 15, 2004
2004	Law on electricity No.28/2004/QH11 dated December 3rd 2004
2005	Decision no. 170/2005/QD-TTg of the Prime Minister dated 25-December-2005 on the poverty lines applied from 2006 to 2010
2005	Decree No. 16/2005/ND-CP, on the implementation of the Construction Law.
2005	Environmental protection law No.52/2005/QH11 dated May 29th 2005
2005	Law on amending and supplementing a number of articles of the law on complaints and denunciations No.58/2005/QH11
2005	Law on investment No.59/2005/QH11 dated November 29th 2005
2006	Comprehensive Poverty Reduction and Growth Strategy (CPRGS) of Viet Nam
2006	Decree 17/2006/ND-CP on the revision and supplementation of some regulations in decrees guiding the implementation of the Land Law.
2006	Decree 80/2006/ND-CP of GOV guiding implementation of the environmental protection law.
2006	Circular 69/2006/RR-BTC on the revision and supplementation of Circular 116/2004/TT-BTC issued on December 7, 2004 guiding the implementation of Decree 197/2004/ND-CP of December 3, 2004 on compensation, support and resettlement when land is recovered by the State.
2006	Circular 08/2006/TT-BTNMT of MONRE guiding for requirements of EIA contents.
2006	Decree 131/2006/ND-CP on the management and use of Official Development Assistance (ODA). C23
2007	Ordinance No.34/2007/PL-UBTVQH11 dated April 20th 2007 by Standing Committee of the National Assembly on Grassroots Democracy Performance in communes, wards and towns
2007	Decision no. 112/2007/QD-TTg of the Prime Minister dated 05-March-2007 on the policy of assistance for relocation and agriculture for Ethnic Minorities from 2007 to 2010
2007	Decision no. 33/2007/QD-TTg of the Prime Minister dated 20-July-2007 on the policy of assistance to improve knowledge of laws as a program of 135, phase 2
2007	Decision no. 01/2007/QD-UBDT dated 31-May-2007 of the Ethnic Minorities Committee on the recognition of communes, districts in the mountainous areas
2007	Decision no. 05/2007/QD-UBDT dated 06-September-2007 of the Ethnic Minorities Committee on its acceptance for three regions of ethnic minorities and mountainous areas based on development status
2007	Circular no. 06 dated 20-September-2007 of the Ethnic Minorities Committee guidance on the assistance for services, improved livelihood of people, technical assistance for improving the knowledge on the laws according the decision 112/2007/QD-TTg
2007	Decision no. 06/2007/QD-UBDT dated 12-January-2007 of the Ethnic Minorities Committee on the strategy of media for the program 135-phase 2
2007	Decree 84/2007/ND-CP of the Government of Vietnam on revision of issuing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress.
2007	Decree 123/2007/ND-CP on revision and supplementation of some regulations in decree 188/2004/ND-CP of November 16, 2004 on methods to determine land prices and assorted land price brackets.
2007	Decision no. 3081/QĐ-UBND of Son La Province on the costs compensation for land applied from January 1, 2008.
2008	Decision no. 1048/QĐ-UBND of Thanh Hoa province on the compensation costs for affected properties.
2008	Decision no. 2444/QĐ-UBND on the compensation costs for buildings, other structures, crops, trees and relocation assistance.
2008	Law on Biodiversity No.20/2008/QH12 dated November 13th 2008
2009	Law No.38/2009/QH12 dated 19 June 2009 on modification and supplementation of several articles relating to basic investment and construction (including Construction Law No.16/2003/QH11, Bidding Law No. 61/2005/QH11, Enterprise Law No. 60/2005/QH11, Land Law No.13/2003/QH11 and Housing Law No. 56/2005/QH11)
2009	Decree No.69/2009/ND-CP dated August 13, 2009 by the Government additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement upon land recovery by the State ; land allocation, land lease ; grant of land-use right certificates ; housing ownership certificates and other assets on land and land use permit extension
2009	Circular No.14/2009/TT-BTNMT dated October 1, 2009 by the Ministry of Natural Resources and Environment guiding land recovery, compensation and resettlement procedures.
2009	National criteria for new rural area stipulated in the Decision No.491/2009/QD-TTg dated April 16th 2009 by the Prime Minister
	Decree No.70: all documents registering family assets and land use rights must be in the names of both husband and wife.
	Decree no. 11-CP dated 20-February of the Prime Minister on the functions, tasks, authorities and structure of the committee for Ethnic Minorities and Mountainous Areas
	Sub-law documents by the Government and Ministries guiding the implementation of the above documents.

6.2. World Bank Operational Policies

Policy	Addressed through
OP/BP 4.01 Environmental Assessment	EMP
OP/BP 4.04 Natural Habitats	EMP
OP/BP 4.10 Indigenous People	RLDP (Compliance is required)
OP/BP 4.11 Physical Cultural Resources	EMP
OP/BP 4.12 Involuntary Resettlement	RLDP (Compliance is required)
OP/BP 4.20 Gender and Development	RLDP (Policy is used as reference)
OP/BP 4.36 Forests	EMP
OP/BP 4.37 Safety of Dams	EMP
OP/BP 7.50 Projects on International Waterways	EMP
Information Disclosure Policy	EMP and RLDP (Compliance is required)

6.3. Official Project Documents

Year	Document
2005	Master plan for the Ma river approved by the Former Ministry of Industry No. 1195/QD-NLDC.
2005	Feasibility Study approved by the Prime Minister (Decision No. 865/TTg-CN.
2007	Decision No. 02/2007/QD-TTg by the Prime Minister on the issuing of policy framework on compensation, allowances and resettlement of Son La Hydropower Project.
2007	Decision no. 12/2007/QĐ-UBND on the compensation, assistance and relocation for Son La hydropower project together with decision no. 02/2007/QĐ-Tg dated 09-January-2007 of the Prime Minister.
2007	Decision No. 12/2007/QD-UBND by the Son La PPC stipulating details for implementation of compensation, allowance and resettlement process for Son La Hydropower Project.
2008	Decision no. 595/QD-EVN of the Vietnam Electricity: Trung Son hydropower Project to be constructed on Ma river, in Ban Uon of Trung Son commune, Quan Hoa district of Thanh Hoa Province
2008	EVN dossier on relocation sites submitted to Thanh Hoa provinces (letter no. 103/CV-ATDTS-P3)
2008	Official Thanh Hoa PPC letter to all affected districts and key provincial departments (letter no. 634/UBND-CN dated 22-February-2008) requesting feedback from these institutions
2008	EVN official letter to Thanh Hoa and Son La Provinces (no. 4707/EVN-DT) requesting approval of policy framework for main project
2008	Approval of project investment by EVN (decision no. 595/QD-EVN, October 2008)
2008	Resettlement policy reviewed and agreed by Son La Province (official letter 2747/UBND-TDC)
2008	Proposed relocation sites agreed by district authorities (Quan Hoa District letter no 101/UBND-GPMB dated 05-November-2008, Muong Lat District letter no. 462/UBND dated 05-November-2008).
2008	Resettlement policy reviewed and agreed by Thanh Hoa Province (official letter 5441/UBND-CN)
2009	Resettlement policy for main project agreed by the Ministries of Industry and Commerce; Finance; Investment and Planning and approved by the Prime Minister (decision No. 442/TTg-KTN)

1 “Replacement cost” is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers; or to fishing, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard.

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