Nghị quyết 40/2009/QH12

RESOLUTION

APPROVING INVESTMENT IN LAI CHAU HYDROPOWER PROJECT

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 5I/2001/QH10;
Pursuant to Resolution No. 13/2003/QH11 of December 16, 2003, of the XI^th National Assembly, the 2^nd session, on the plan on construction of Son La hydropower work; and Resolution No. 66/2006/QH11 of June 29, 2006, of the XI^th National Assembly, the 9'1' session, on important national projects and works to be submitted to the National Assembly for investment decision;
After considering the Government's Report No. 124/2TTr-CP of August 13, 2009, on investment in the construction of Lai Chau hydropower work, Verification Report No. 740/ BC- UBKHCNMT12 of October 20, 2009, of the National Assembly's Committee on Science, Technology and Environment, and the Government's Report No. 180/TTr-CP of October 23, 2009, submitting the proposal on investment in Lai Chau hydropower project to the National Assembly for decision, and National Assembly deputies' opinions;

RESOLVES:

Article 1.

To approve investment in Lai Chau hydropower work to supply electricity for the national power grid, together with hydropower plants on Da river, contributing to controlling floods in the rainy season and supplying water in the dry season for the northern delta and serving the socio-economic development of Lai Chau and Dien Bien provinces and the whole northwestern region.

The site of construction of a dam and Lai Chau hydropower plant is Nam Hang commune, Muong Te district, Lai Chau province.

Article 2.

Below are several basic parameters of the Project:

1. Normal water rise level: 295 meters (m);

2. Engine capacity: 1,200 megawatts (MW);

3. Main technology: To be modern, efficient and safe;

4. Total investment: estimated at VND 32.6 trillion (at the time of formulation of the Project in the 2nd quarter of 2008);

5. Implementation schedule: To commence construction of the plant by the end of 2010, put the first engine group into operation by 2016, and complete the work by 2017.

Article 3.

To assign the Government to decide on the project investment and implementation to meet the following major requirements and tasks:

1. To organize the prompt implementation of the Project's subsequent steps: finalizing the technical dossier and design: elaborating and promulgating technical processes, standards and regulations in the designing, construction and supervision of construction of works in order to ensure progress, absolute safety and general economic efficiency; and strictly manage all steps in accordance with the investment law;

2. To elaborate a master plan and detailed plans for the relocation and resettlement of people and properly organize the implementation thereof on the principles of publicity and democracy and assurance of proper target beneficiaries and compliance with policies and laws; to reorganize production, restructure the economy and change methods of cultivation with a view to developing production and stabilizing and improving the lives of resettled people in a substantial, sustainable and permanent manner;

3. To fully perform the tasks and solutions set out in the Project's environmental impact assessment report; to strictly safeguard Muong Te-Muong Nhe nature reserve; to promote the protection, zoning off for tending and planting of riverhead forests, quickly increasing the forest coverage all over the Da river basin within the Vietnamese territory; to preserve and promote cultural traits of all nationalities, especially ethnic minorities; and to assure defense and security in border areas.

Article 4.

1. To assign the Government to organize and direct the construction of preparatory items, temporary works and auxiliary works to ensure the work progress.

2. To approve the application of mechanisms and policies to Lai Chau Hydropower Project which have effectively worked in the process of implementation of Son La Hydropower Project.

3. When it is necessary to apply special mechanisms and policies, the Government shall submit them to the National Assembly for consideration and decision.

Article 5.

Together with Lai Chau Hydropower Project, which consists of two component projects, namely the hydropower work and the relocation and resettlement of people, the Government shall organize the planning of and decide on investment in the following projects:

1. A project on a road along the right bank of Da river, a connecting road and three bridges spanning over this river, aiming to address the isolation of Muong Te district and surrounding areas once the reservoir has been filled with water, serving the requirements of socio-economic development, defense and security;

2. A project on adjustment of the administrative boundaries, redistribution of population, renovation of production methods and restructure the economy of Muong Te district and related administrative units of Lai Chau province; and investment in the socio-economic development of new administrative units.

The Government shall specifically determine the schedule of implementation and allocate investment capital for each project mentioned in Clauses 1 and 2 of this Article in accordance with law.

Article 6.

1. After commencing construction, annually the Government shall report on the implemen­tation of the Project to the National Assembly.

2. The National Assembly Standing Committee, the Ethnic Council, the Committees of the National Assembly, delegations of National Assembly deputies and individual National Assembly deputies shall, within the ambit of their respective tasks and powers, oversee the implementation of this Resolution.

This Resolution takes effect on the date of its adoption by the National Assembly.

This Resolution was adopted on November 25, 2009, by the XI^th National Assembly of the Socialist Republic of Vietnam at its 6^th session.-