implementation, whichever is higher Land Law 2013 and Article 27 of Decree 47) Support for affected households who have no recognizable legal right or claim to the land they are occupying Financial assistance to all project affected persons to achieve the policy objective (to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher) Only agricultural land used before July 1, 2004 is eligible for compensation. cases may be considered for assistance by PPC if needed. Financial assistance of an agreed amount will be given to all PAPs, regardless of their legal status, until their livelihoods and standards of living restore in real terms, at least, to levels. for illegal structures Compensation at full cost for all structures regardless of legal status of the PAP’s land and structure. No compensation Compensation at full replacement cost will be given for all structures affected, regardless of legal status of the land and structure. Compensation Methods for determining compensation Compensation for lost land and other assets should be paid at full replacement costs, Compensation for lost assets is calculated at price close to transferring the assets in local markets or the cost of newly-built structures. Provincial People’s Committees are granted to identify compensation prices for different categories of assets. Independent land valuator can be used to determine land prices, Independent appraiser identifies replacement for all types of assets affected, which are appraised by land appraisal board and approved by.
which will be appraised by land appraisal board before Provincial People’s Committee approval. Provincial People’s Committees to ensure full replacement costs. for loss of income sources or means of livelihood Loss of income sources should be compensated (whether or not the affected persons must move to another location) Assistance in respect of income loss is only for registered businesses. Assistance measures to restore income sources are provided. All income losses are to be compensated and, where necessary to achieve the objectives of the policy, development assistance in addition to compensation will be provided. for indirect impact caused by land or structures taking It is good practice for the borrower to undertake a social assessment and implement measures to minimize and mitigate adverse economic and social impacts, particularly upon poor and vulnerable groups. Not addressed. Social assessment has been undertaken and measures identified and implemented to minimize and mitigate adverse impacts, particularly upon poor and vulnerable groups. Livelihood restoration and assistance Provision of livelihood restoration and assistance to achieve the policy objectives. Livelihood restoration and assistance measures are provided. No follow-up for full livelihood restoration after resettlement completion. Provision of livelihood restoration and assistance measures to achieve the policy objectives. These will be monitored
as detailed in the RAP Consultation and disclosure Participation in planning and implementation, specially confirming the eligibility criteria for compensation and assistance, and access to Grievances Redress Mechanisms Focus mostly on consultation during planning (consultation on draft plan of compensation, support and resettlement and plan for training, career change and facilitating job searching); information sharing and disclosure. Consultation and participation incorporated into RAP design, along with information sharing with PAPs and stakeholders. Grievance redress mechanism Grievance redress mechanism should be independent The same governmental body makes decisions on compensation and resettlement, and also handles grievances at the first step. However, complainants can go to at any steps as PAP wishes. More effective Grievance and Redress mechanisms are to be established, built on the existing governmental system, with monitoring by an independent monitor Monitoring & Evaluation Internal and independent monitoring are required Citizens are allowed to supervise and report on breaches in land use and management on their own (or through representative organizations), including land recovery, compensation, support and resettlement (Article 199, Land Law 2013). There is no explicit requirements on monitoring of the resettlement Both internal and external (independent) monitoring is to be regularly maintained (on a monthly basis for internal and basis for independent monitoring). An
resettlement site will be provided and the PAP can either pay in installment to buy or rent it for living. In case the relocated PAP belong to poor or vulnerable groups or HHs, the project will provide assistance to ensure that the PAP is able to relocate and re-establish themselves to a new site. Detailed regulation on plot/apartment allocation will be developed by DCB through consultation with commune and PAPs, followed by approval of PPC. For relocating households, assistance is in form of of similar characteristics with title at no cost. The replacement land is no less than 40m2, or compensation in cash with equal value if PAPs for self-relocation. Area and number of land plot/apartment in resettlement sites will be decided in consultation with PAPs. For poor or vulnerable PAPs who have no other residential land in the same as their affected commune, the project will provide an apartment and the PAPs can
In to minimize complaints to the provincial level, PMU will cooperate with the District Resettlement Committee to participate in and consult on settling complaints; Personnel: The Environmental and Resettlement staff assigned by PMU will formulate and maintain a database of the APs’ grievances related to the Project including information such as nature of the grievances, sources and dates of receipt of grievances, names and addresses of the aggrieved PAPs, actions to be taken and current status. In case of verbal claims, the reception will record these inquiries in the grievance form at the first meeting with affected people. The independent monitoring Consultant will be responsible for checking the procedures for and resolutions of grievances and complaints. The independent monitoring Consultant may recommend further measures to be taken to redress unresolved grievances. During monitoring the grievance redress procedures and reviewing the decisions, the independent monitoring agency should closely cooperate with the Vietnam Fatherland Front as well as its members responsible for supervising law enforcement related to appeals in the area; The grievance resolution process for the Project, including the names and contact details of Grievance Focal Points and the Grievance Facilitation Unit (GFU), will be disseminated through information brochures and posted in the offices of the People’s Committees at the communes and districts and PMU. At the same time, an escrow account for resettlement payments should be used when grievance is resolving to avoid excessive delay of the project while ensuring compensation payment after the grievance has been resolved. To ensure that the grievance mechanism described above are practical and acceptable by APs, it were consulted with local authorities and communities taking into account of specific cultural attributes as well as traditional-cultural mechanisms for raising and resolving complaints and conflicting issues. The ethnic minority objects and efforts were also identified and determined which are culturally acceptable ways to find the solution. VII. IMPLEMENTATION ARRANGEMENTS The implementation of resettlement activities requires the involvement of agencies and organizations at the national, provincial, district and commune Each provincial people's committee will take general responsible for the implementation of the general policy framework and specific resettlement plan of the sub-project of that