The Ban Ve Hydropower Project was approved by the Prime Minister in 2003 and put into operation in 2010. However, there are still some problems and difficulties related to compensation and support for land on floodplains for this project.
According to current regulations, households with land areas above the flooded level of hydropower project reservoirs are eligible to prepare land compensation and support records according to the provisions of Clause 3, Clause 4, Article 5, Decision No. 64/2014/QD-TTg of the Prime Minister on special policies for resettlement of irrigation and hydropower projects. Specifically, Clause 3 stipulates that resettled households with production land areas located outside the reservoir protection corridor according to the provisions of Clause 1, Article 3 of Decree No. 112/2008/ND-CP dated October 20, 2008 of the Government, moving to a resettlement area 5 km or more away from the old production place, and having their land recovered, will be compensated for the land. The provincial People's Committee shall base on the actual situation of the locality to decide on land recovery and land compensation.
Clause 4 stipulates that resettled households and affected households whose production land area is located outside the reservoir protection corridor as prescribed in Clause 1, Article 3 of Decree No. 112/2008/ND-CP dated October 20, 2008 of the Government, with a distance from the place of residence to the production land area of less than 5 km but there is no road to the production land area, the Provincial People's Committee shall, based on the actual situation of the locality, decide to recover the land and compensate for the land.
However, according to the provisions of Clause 1, Article 23 of Decision No. 64/2014/QD-TTg, projects and items that have completed compensation, support and resettlement payments and projects and items that have approved compensation, support and resettlement plans before the effective date of this Decision shall not be subject to this Decision.
Accordingly, the Ban Ve Hydropower Project has been approved by the Vietnam Electricity Group for the Detailed Plan for Compensation, Support and Resettlement of the Ban Ve Hydropower Project in Decision No. 1291/QD-EVN-QLXD-KTDT dated May 19, 2005 and the Ministry of Industry (now the Ministry of Industry and Trade) has agreed on the Temporary Regulations on Compensation, Resettlement of the Ban La Hydropower Project (now Ban Ve) in Document No. 1174/CV-NLĐK dated March 16, 2005, in which, land compensation is only provided to households within the project's affected area (the area of the reservoir flooded, below the elevation of 200m). Therefore, households with land area above the flooded level of the Ban Ve Hydropower Project are not eligible to prepare a dossier for compensation and support for land.
But in reality, when implementing the project according to the policy, households with residential land and agricultural land located on the flooded level of the hydroelectric reservoir must relocate with the village community, unable to stay, as well as return to production on this land. Moreover, up to now, the work of compiling compensation and land support records for the Ban Ve Hydroelectric Project has not been completed, the People's Committee of Tuong Duong district has not approved the detailed plan for compensation and land support to serve as a basis for arranging funds for payment to the people, therefore, it is necessary to carry out land acquisition, compensation and site clearance for land on the flooded level to have a basis for compensating the difference between the place of departure and the place of destination similar to households subject to resettlement within the flooded area of the reservoir.
On the other hand, most of the land area above the floodplain of households is in the protection forest planning according to Decision No. 48/2014/QD-UBND dated August 15, 2014 of Nghe An Provincial People's Committee on adjusting the planning of 3 types of forests, but has been granted Forestry Land Use Rights Certificates to households. Therefore, currently, some households still return to the old place (the Ban Ve Hydropower Reservoir area) to do business and produce, affecting people's lives and affecting the locality in land management, as well as ensuring security and order in the area.
Therefore, to ensure the rights of resettled people of Ban Ve Hydropower Project, as well as to effectively implement land management, security and order in the area, Nghe An Provincial People's Committee has issued a document requesting the Ministry of Industry and Trade to report to the Prime Minister for permission to develop a plan to implement compensation and support for land on the flooded area of Ban Ve Hydropower Project according to the provisions of Clause 3, Clause 4, Article 5, Decision No. 64/2014/QD-TTg.
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