Decision-making dilemma. Lesson 3

This is wasteful for the company and also a waste of resources for the local area, specifically Ham Thuan Bac district, which urgently needs lake water for the development of rural tourism and ecotourism.

Changes in hydropower reservoir management…

The meeting between the People's Committee of Ham Thuan Bac District and the leaders of Da Nhim - Ham Thuan - Da Mi Hydropower Joint Stock Company in August clarified many issues that had changed over time. Specifically, Decision No. 3492 dated December 7, 2009, of the People's Committee of Binh Thuan Province regarding the handling of land currently used for the Ham Thuan - Da Mi hydropower project of Da Nhim - Ham Thuan - Da Mi Hydropower Company in Da Mi commune, Ham Thuan Bac district, shows that the area the company is using is 15,763.912 ^m² , with the purpose of use being land for energy projects with a 50-year term, starting from March 29, 1997, as stipulated in Decision No. 189/TTg of the Prime Minister . The form of land use is state land lease, with annual rent payments. Accordingly, the Binh Thuan Department of Natural Resources and Environment signed a land lease contract and issued a Certificate of Land Use Rights to the Da Nhim - Ham Thuan - Da Mi Hydropower Company in accordance with regulations for energy land. Notably, of the 15,763.912 m2, besides the land for the power plant area, main and auxiliary dams, and water intake area, 15,290,227 m2 is dedicated water surface area. This is energy land, and any other activity on it is not in accordance with regulations.

However, a change occurred in November 2017 when Government Office Document No. 12481 instructed the Ministry of Natural Resources and Environment to coordinate with the Ministry of Finance to guide the Vietnam Electricity Group (EVN) in leasing land in hydropower reservoirs. After reviewing current land law regulations, specifically Point a, Clause 1, Article 163 of the Land Law, and Clause 39, Article 2 of Government Decree No. 01/2017/ND-CP dated January 6, 2017, amending and supplementing several decrees detailing the implementation of the Land Law, the Ministry of Natural Resources and Environment issued its directive. It states: "Based on regulations, land within hydropower reservoirs is not allocated or leased to the project owners of hydropower and irrigation projects, but is instead allocated to organizations responsible for managing and operating these reservoirs for overall management. In cases where it is used for non-agricultural purposes, such as aquaculture or fisheries, the competent state agency shall allocate or lease it to organizations and individuals in accordance with land law regulations."

Accordingly, in 2019, Da Nhim - Ham Thuan - Da Mi Hydropower Joint Stock Company sent a letter to the Binh Thuan Department of Natural Resources and Environment requesting guidance on managing the land in the Ham Thuan - Da Mi hydropower reservoir as requested by Vietnam Electricity Group in Document No. 5081. This request concerned guidance on procedures to avoid allocating/leasing the reservoir land and completing the necessary legal procedures related to the management and use of the Ham Thuan - Da Mi hydropower reservoir land. For various reasons, this issue remains unresolved to this day.

Leveraging rural tourism

At the meeting, the leaders of Da Nhim - Ham Thuan - Da Mi Hydropower Joint Stock Company stated that the corporation should direct the company to complete the legal documents regarding land and buildings, sign land lease contracts, and carry out the necessary procedures to obtain land use right certificates for the land and buildings (including headquarters land, factory land, dam land, etc.) that the unit is managing and using, in accordance with regulations, to prevent encroachment and illegal use of land within the unit's management area. Regarding the reservoir surface area, they are awaiting guidance from Binh Thuan province; however, the company's view is that it is not necessary to lease the entire reservoir area for energy purposes as before. Doing so would be wasteful for the company and also a waste of resources for the locality, specifically Ham Thuan Bac district, which urgently needs the reservoir surface area for the development of rural tourism and ecotourism.

Mr. Nguyen Van My, founder of Lua Viet Outdoor Company, which is developing a tourism project near Ham Thuan Lake, believes that the scenery, space, and climate of Da Mi are as beautiful as a young girl, largely thanks to the two stunning hydroelectric lakes. Therefore, while awaiting the zoning plan for the Ham Thuan Lake tourism area, the company is sketching out a tourism project there focusing on ecotourism, entirely based on nature, with truly integrated activities following a health tourism model such as cycling around the lake, swimming in the forest, admiring waterfalls, and trekking. Especially in the area where the project will be built, there will be stunning waterfalls such as the Nine-Tiered Waterfall, the Flying Rain Waterfall, and the Misty Waterfall… The inability to lease the surface of Ham Thuan Lake due to its location being energy land is a significant disadvantage for tourism projects in general. A tourist destination needs interconnected products that create diversity and richness to attract visitors.

According to Mr. My, the lake's surface area is a valuable asset that allows investors to develop new products within their tourist area over time. Rural and ecotourism require water bodies and forest cover to attract visitors. Therefore, he hopes the province will adjust the area of the two lakes to provide Ham Thuan Bac district with the best conditions for developing rural tourism and to facilitate the implementation of projects by investors.

According to the leaders of Ham Thuan Bac District People's Committee, Da Mi has outstanding tourism potential, with two hydroelectric reservoirs boasting stunning scenery that is not found everywhere, making it a center for rural tourism development in the district. However, in the past, it has been hampered by the fact that the entire surface area of the reservoirs is designated for energy purposes. Currently, according to legal regulations, there has been a change. Therefore, Ham Thuan Bac hopes that the province will adjust a portion of the area surrounding the Ham Thuan and Da Mi reservoirs within the district's territory so that Ham Thuan Bac can include it in its land use planning and zoning plan for the construction of a tourism area around the two reservoirs... to attract investment. This would be a leverage for socio-economic development, starting with tourism.

Clause 39, Article 2 of Government Decree No. 01/2017/ND-CP dated January 6, 2017, amending and supplementing a number of decrees detailing the implementation of the 2013 Land Law.
Article 57a. Land with specialized water surface is hydroelectric reservoirs and irrigation reservoirs.
1. Provincial and district People's Committees shall decide on the lease of land with water surface area, such as hydroelectric and irrigation reservoirs, for combined use with non-agricultural purposes, aquaculture, and fisheries exploitation, in accordance with the authority stipulated in Article 59 of the Land Law.
2. The exploitation and use of land with surface water, such as hydroelectric and irrigation reservoirs, for non-agricultural purposes, aquaculture, and fisheries must ensure that it does not affect the primary intended use and must comply with other relevant laws.
3. The lease term for land with specialized water surface areas, such as hydroelectric and irrigation reservoirs, is determined by the competent People's Committee but shall not exceed 50 years.

Lesson 1: The Highlands Call

Lesson 2: The Dilemma of Da Mi

Lesson 3: The side that does nothing, the side that longs for it.

Lesson 4: The "Path" We Will Take

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