Chương 3 Nghị định 14/2014/NĐ-CP: Bồi thường, hỗ trợ nhà ở, công trình, đất và cây trong hành lang bảo vệ an toàn đường dây dẫn điện trên không

Chapter 3.

COMPENSATION, ASSISTANCE OF HOUSES, WORKS, LAND AND TREES WITHIN SAFETY CORRIDOR OF OVERHEAD CONDUCTING LINE

Article 18. Compensation, assistance of houses, works, land and trees within safety corridor of overhead conducting line

1. Houses and ancillary works for living of households and individuals shall not be removed out of the safety corridor of overhead conducting line with voltage up to 220 kV as specified in Article 13 of this Decree, the owner of such houses and ancillary works shall be compensated and receive assistance due to limited usability and effect in living. The compensation and assistance shall be done once (01 time) as follows:

a) Houses and ancillary works for living having a part or the whole area within the safety corridor of overhead conducting line, are built on the land eligible for compensation under regulations of law on land before the notice day of performance of high-voltage grid project approved by the competent authorities shall be compensated or receive the assistance of part of area within the safety corridor of overhead conducting line.

b) The specific compensation or assistance shall be stipulated by provincial People’s Committee but not greater than 70% of value of houses and ancillary works for living calculated on the area within the safety corridor of overhead conducting line based on the new unit price of construction of houses and ancillary for living with equivalent standards issued by provincial People’s Committee.

c) Where the houses and ancillary works for living are built on the land ineligible for compensation for land under regulations of law, the provincial People’s Committee shall consider the assistance based on the practical conditions of each locality.

2. Houses and works are built before the notice date of performance of high-voltage grid project approved by the competent authorities:

a) If failing to meet the conditions specified in Article 13 of this Decree, the owner of high-voltage grid project must bear the costs and carry out the implementation of renovation in order to meet such conditions;

b) In case of demolishment of a part and the other part still ensures the technical standards under regulations of law on construction and meets the conditions specified in Article 13 of this Decree, the owner of high-voltage grid is responsible for making payment and compensation for the part of value of house or works demolished and the expenses for renovation and completion in accordance with the equivalent standard of house or works before demolished or compensation for relocation of house or works under the decision of provincial People’s Committee;

c) In case the house or works cannot be renovated to meet the conditions specified in Article 13 of this Decree but demolished or relocated, the owner of house or works shall be compensated or receive the assistance under regulation of law on compensation, assistance and relocation when the State recovers the land.

Article 19. Compensation and assistance for land within the safety corridor of overhead conducting line

1. Residential land and other types of land in the same parcel of land of an owner within the safety corridor of overhead conducting line with voltage up to 220 kV subject to the State’s non-recovery of land, the land user shall be compensated or receive the assistance due to limited usability of land. The compensation or assistance is done once as follows:

a) Residential land with compensation or assistance due to limited usability of land is the type of residential land stipulated in legal documents of land;

b) The area of residential land with compensation or assistance due to limited usability of land is the actual area of residential land within the safety corridor of overhead conducting line. The rate of compensation or assistance shall not be greater than 80% of compensation for residential land calculated on the area of land within the corridor.

c) On the same parcel of land, including residential land and other types of land of one land user, when the safety corridor of overhead conducting line occupies the space greater than the residential land quota, the area of other types of land on the same parcel of land within the corridor is also compensated or assisted. The rate of compensation or assistance shall not greater than the rate of compensation for recovery of such other types of land calculated on the area of other types of land within the corridor;

d) In case the residential land does not meet the conditions specified at Point a, Clause 1 of this Article, the provincial People’s Committee shall consider the assistance based on the actual conditions of each locality.

2. For the perennial crop land or land of production forest within the safety corridor of overhead conducting line, the land user shall receive the assistance due to the limited usability of land. The assistance shall be done once not greater than 30% of compensation for recovery of perennial crop land or land of production forest calculated on the land area within the safety corridor of overhead conducting line.

3. The rate of compensation or assistance specified in Clause 1 and 2 of this Article is provided for by the provincial People’s Committee. The fund for payment is from the investment capital of the owner of high-voltage grid works.

Article 20. Compensation or assistance to houses or works outside the safety corridor of overhead conducting line but between 02 overhead conducting lines with voltage of 500 kV and above

1. House or ancillary works for living of households and individuals outside the safety corridor of overhead conducting line but between 02 overhead conducting lines with voltage of 500 kV and above shall be considered the compensation or assistance and relocation when meeting one of the following conditions:

a) The electric field intensity is greater than that specified in Clause 3, Article 13 of this Decree;

b) The distance between two horizontal conducting line of nearest outmost phase of two conducting line is ≤ 60 m.

2. In case the houses or ancillary works for living of households and individuals have a distance as specified at Point b, Clause 1 of this Article and the electric field intensity specified in Clause 3, Article 13 of this Decree, if the land user or owner of properties attached to land send a written request for stay to the district People’s Committee, he/she shall be considered for stay and receive compensation or assistance for the whole area of residential land, house or ancillary works for living within the safety corridor of overhead conducting line specified in Article 18 and 19 of this Decree.

3. Within 15 working days after receiving the written request specified in Clause 2 of this Article, the district People’s Committee shall reply in writing in the form of direct delivery or registered mail to the requester.

Article 21. Conversion of purpose of use of other types of land to residential land

When the land user must relocate his/her house outside the safety corridor of overhead conducting line and wishes to convert the purpose of use of other types of land to residential land outside the corridor to residential land suitable for the planning, the local land management agency shall carry out the procedures for submission to the competent authorities for decision on conversion of purpose of land use. The land user must comply with the regulations of law upon conversion of purpose of land use.

Article 22. Assistance of relocation expenses

In addition to the compensation or assistance to the houses or works specified in Article 18 and land specified in Article 19 of this Decree, if the house owner finds new residential land himself/herself and wishes to move out of the safety corridor of overhead conducting line, he/she shall move and receive the moving expense under regulations of law for compensation, assistance and relocation when the State recovers the land.

Article 23. Compensation to trees within and outside the safety corridor of overhead conducting line

1. If the trees exist before the notice of performance of high-voltage grid works and are within the safety corridor of grid and must be cut and new trees are banned from growing as stipulated in Clause 3, Article 12 of this Decree, they shall be compensated under current regulations.

2. If the trees exist before the notice of performance of high-voltage grid works and are within the safety corridor of grid and must not be cut and new trees are not banned from growing as stipulated in Clause 3, Article 12 of this Decree or trees outside the corridor are at risk of violating the safety distance specified in Clause 2, Article 13 of this Decree, the unit managing the operation has the right to check, cut or prune the trees to ensure the safety for the overhead conducting line and makes the compensation under regulation.

3. The rate of compensation for cases specified in Clause 1 and 2 of this Article is done once (1 time) to one tree as stipulated by the provincial People’s Committee in accordance with the actual condition of locality.