Decision No. 16/2002/QD-TTg of January 18, 2002, approving the framework policy on compensating, resettling and supporting persons affected by the "community-based rural infrastructure" project and its plan of action for ethnic minorities

DECISION

APPROVING THE FRAMEWORK POLICY ON COMPENSATING, RESETTLING AND SUPPORTING PERSONS AFFECTED BY THE "COMMUNITY-BASED RURAL INFRASTRUCTURE" PROJECT AND ITS PLAN OF ACTION FOR ETHNIC MINORITIES

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;
At the proposal of the Minister of Planning and Investment (Official Dispatch No. 8697-BKH/DP of December 21, 2001) and considering the opinions of the Ministry of Finance, the Committee for Ethnicities and Mountainous Areas, and the General Land Administration,

DECIDES:

Article 1.- To approve the framework policy on compensating, resettling and supporting persons affected by the "community-based rural infrastructure" project and its plan of action for ethnic minorities with capital borrowed from the World Bank.

The framework policy on compensating, resettling and supporting persons affected by the project is specified as follows:

1. To compensate the land use value, crops, housings and other architectural objects according to the substitute costs without subtracting depreciation or the liquidation value under the development credit agreement reached between the Vietnamese Government and the World Bank for persons affected by the "community-based rural infrastructure" project (land substitute cost/prices are construed as the calculated prices for compensating the land loss set by the People’s Committees of the provinces or centrally-run cities, in conformity with the actual prices of land use right transfer in their respective localities according to the current regulations of the land legislation).

2. In cases where persons affected by the project do not have valid papers on the land use right, they shall be compensated and/or supported in terms of the land use right value and the value of damaged property on such land by the project, provided that the land being in use is not in dispute as certified by the commune People’s Committee.

Article 2.- Implementation organization:

1. To assign the Ministry of Planning and Investment to approve the list of persons affected by the project and the project’s resettlement plan of action according to the framework policy prescribed in Article 1 of this Decision, which shall serve as basis for implementation by the project-covered provinces.

2. To assign the presidents of the People’s Committees of the provinces of Thanh Hoa, Nghe An, Ha Tinh, Thua Thien-Hue, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, Binh Thuan, Lam Dong and Binh Phuoc to organize the implementation on the basis of the list of persons affected by the project and the project�s resettlement plan of action, which has been approved by the Ministry of Planning and Investment.

Article 3.- This Decision takes implementation effect after its signing.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the heads of the concerned branches and the presidents of the People’s Committees of 13 provinces in the project area shall have to implement this Decision.