SOCIALIST REPUBLICOF VIETNAM HO CHI MlNH CITY'S INFRASTRUCTUREDEVELOPMENT FUND ******** HlFU DEVELOPMENT PROJECT (HDP) RESETTLEMENTPOLICY FRAMEWORK HCM city, March 2007 "HIFU Development Project".Resettlement Policy Framework.March 14'* 22007 . CONTENT I. INTRODUCTION ...................................................................................................... 1 2 . LEGAL FRAMEWORKAND ENTITLEMENT POLICY ............................................ 2 2.1. VietnameseLaws. Decrees. and Circulars...................................................2 2.2. World Bank Policy on Involuntary Resettlement...........................................3 2.3. Policy applied for the HDP............................................................................ 3 3 . COMPENSATION POLICY ...................... ............................................................. 5 3.I Objectives of resettlementpolicy ..................................................................5 3.2. Displaced People (DP) .................................................................................5 3.3. Principles of Resettlement............................................................................5 3.4. Compensation Policy for Loss of Agricultural Land.......................................6 3.5. Compensation Policy for Residential Land ................................................... 7 3.6. Compensation Policy for Loss of Houses/Structures.................................... 8 3.7. Compensation for loss of Standing Crops and Trees...................................9 3.8. Compensation Policy for Loss of Income and/or Business/ProductiveAssets .....................................................................................................................9 3.9. TemporaryImpact during Construction.........................................................9 3.10. Secondary DPs ...........................................................................................10 3.II Compensation for Loss of CommunityAssets ............................................ 10 . 3.12. Allowances and RehabilitationAssistance during TransitionPeriod........... 10 4 . IMPLEMENTATIONARRANGEMENT ............................. .................................11 4.I. City's People Committee............................................................................ II 4.2. Project investor ........................................................................................... 12 4.3. District People Committee .......................................................................... 12 4.4. Ward's People committee (W/CPCs)..........................................................13 4.5. ExternaHndependent monitoring agency....................................................13 5. PREPARATIONOF RESETTLEMENTPLANS FOR CREDIT-PROPOSED PROJECTS ....................................................................................................................13 5.1. Preparation of Resettlement Plan...............................................................14 5.2. Appraisal and approval of resettlementplan............................................... 16 6 . PUBLIC INFORMATION, COMMUNITY PARTICIPATIONAND GRIEVANCE REDDRESSAL MECHANISM ..................................................................................... 16 6.I. Objectives of public information and community consultation.....................16 6.2. Public consultation during project preparation ............................................16 6.3. Public consultation during project implementation...................................... 16 6.4. Grievance reddressal mechanism ..............................................................17 7 . IMPLEMENTATION SCHEDULE ............................................................................17 8 . COST AND BUDGET .............................................................................................. 17 9 . MONITORINGAND EVALUATION ...................................................................... 18 9.1. Monitoring ................................................................................................... 18 9.2. Internal monitoring ...................................................................................... 18 9.3. Independent monitoring .............................................................................. 18 ANNEX Annex 1:ENTITLEMENTMATRIX ..............................................................................19 "HIFU DevelopmentProject".Resettlement Policy Framework. March ,14'* 2007 Abbreviation GOVN Government of Vietnam IDA International DevelopmentAgency WB World Bank DMS Detailed Measurement Survey IMO Independent Monitoring OrganizationIAgency DPs Displaced PersonsIPeople CityOsPC CityOs People Committee DPC District People Committee WICPC WardOsICommuneOs People committee RC Resettlement Committee DRC District ResettlementCommittee RPF Resettlement Policy Framework RP Resettlement Plan HIFU Hochiminh CityOs lnfrastructure Development Fund HDP HlFU Development Project LDlF Local Development lnfrastructure Fund LDlFP Local Development lnfrastructure Fund Project EM Ethnic Minority HH Household RS ResettlementSite SIA Social ImpactAssessment HCMC Ho Chi Minh City HCM CPC Ho Chi Minh City People Committee "HIFU Development Project". Resettlement Policy Framework. March ,14Ih 2007 Definitions The date of completion of inventory of losses during preparation of the RP. The displaced people and their communities also are informed about that anyone encroaching into the Project Area after that date will not be entitled to compensation under the Project. Replacement cost' is the term used to determine the amount sufficient to replace lost assets and cover transaction costs. When domestic laws do not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacementcost standards. Resettlement is the general term related to land acquisition and compensation for loss of asset whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood. iii .-- - "HIFUDevelopmentProject".Resettlement Policy Framework. March ,14Ih 2007 1. INTRODUCTION 1. Vietnam is being in a process of rapid economic and social transformation. Cities become greater proving their special role in the common development process of the country. Ho Chi Minh City is the greatest and the most dynamic economic centre of Vietnam. 2. To assist local development investment funds in policy, legal and institutional reforms, enhancement of LDlFOs operational capacity to improve efficiency of lending investment and increase participation of private sector in municipal infrastructuredevelopment, improve operational flexibility of LDlFsO and make long- term capital available for municipal infrastructure projects, while reducing their contingent economical, social and environment risks, the Government of Vietnam has requested the World Bank, through IDA, to sponsor the Project OLocal Development Investment Fund0 (LDIF). It is under preparation and planned to be implemented in 2008. 3. Among existing local development investment funds within Vietnam, HlFU is assessed as the most dynamic and best operational one. HlFU is considered to be well-prepared for implementing the project. The HlFU Management and HCM cityOs People0 Committee has agreed to adopt the set of key policy and operational reforms which have been prepared under the LDIFProject, a larger, national-level Bank project, into the HlFU practice as a pilot one. 4. Facing acute demands of economic and social development of Ho Chi Minh city towards development of infrastructure, improvement of institutional financial management, demands for investment capital and increasing participation of the private sector..., and to speed up implementation progress of executing projects, the Viet Nam Government has requested the World Bank to support for Ho Chi Minh city a separate project under the name of OHlFU Development Project q (HDP), to be invested in early 2007. The HDP will demonstrate the LDlFP concept on a pilot basis in HCMC, and greatly contribute to the success of LDlFP and the national-level policies, incentives and operational improvement measuresthat Bank will sponsor. a 5. Main objectives of the HDP are as follows: (i) Increase private sector participation in municipal infrastructure development in HCMC by providing investment capital to HlFU and improving its capacity to appropriately partner with the private sector; (ii) Develop HlFU as a model LDIF that is financially viable, independent, specialized institution, capable of working with the DPI and other departments of the HCMC government to undertake infrastructure investments in partnership with the private sector, including the management of social and environmental safeguards; (iii) Make long-term capital available for municipal infrastructure projects in HCMC with high economic returns, and institutionalize provincial level policy to mitigate HIFU-related contingent financial risk to the HCMC PC as well as the GOV. 2. As the HDP is of program type, its resettlement impacts would only be identified when specific lending projects will be clarified. Hence, this RPF is prepared to guide preparation of RPs for all respective proposals requesting loan from the HDP fund that involve resettlement impacts. "HIFU Development Project". Resettlement Policy Framework. March ,14'" 2007 3. This RPF lays down the principles and objectives, eligibility criteria of Displaced People (DP), entitlements, legal and institutional framework, modes of compensation and rehabilitation, people participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DPs. 4. The RPF provides: (i) Policy and Legal Framework of Vietnam Gov and WB; (ii) Compensation policy applied for all projects credited from the HDP fund; (iii) Procedures applied when preparing, implementing and assessment of the projectns Resettlement issues. The Framework will be distributed to the Central and Local agencies be it a public or private ones or individuals related to the ProjectOs preparation, implementation and monitoring. The RPF should be read in conjunction with the World Bank OP 4.12 and Vietnamese laws and regulations related to resettlement policy. Resettlement plan of each credited subprojects will be prepared, using its FSOs information and based on provisionsof this RPF. 2. LEGAL FRAMEWORKAND ENTITLEMENT POLICY 5. This Resettlement Policy Framework will apply the various laws, Decrees, and circulars regulating use of land in Vietnam as well as the World Bank policy. Vietnamese Laws, Decrees,and Circulars The following laws of the Socialist Republic of Vietnam are applied: The Constitution of the Socialist Republic of Vietnam, 15April 1992; Decree No. 60/CP, 5 July 1994,regulation on property ownership and the right to use urban residentialland; Decree 911CP (17 August 1994) regulationon Urban Planning Management; Decree No. 64/CP127 September 1993, regulation on allocating agricultural land to households for long-term use; Circular No 05-BXDIDT, February, 1993, on classification of houses. ConstructionLaw, dated on Dec, 1Oth 2003, Law of grievance and accusion, December, 2nd1998. Laws amending Law of grievance and Accusion ,dated on June, 15th2004 and November 2gth 2006 New Land Law 2003 approved by National Assembly on the 26, November, 2003, came into effect on the 1st of July, 2004, replacingthe Land Law 1993 Decree No181120041ND-CP, 29 October 2004, relating to the implementing the Land Law. Decree No18212004lND-CP, 29 October 2004, on administrative violation in the land user-rights... Decree No18812004lND-CP, 16 November 2004, regulation on price land and price framework for land categories; and issued guidelines in Circulation No114/2004/lT-BTC by MOF. Decree Nol97/2004/ND-CP, 03 December 2004, on compensation, assistance and resettlement when land is recovered by the State (replacing Decree No. 221CP). And issued guidelines in Circular No11612004TTT-BTC by MOF, dated on Dec. 7" 2004. Circular No6912006TTT-BTC by MOF, dated on Feb. 18" 2006, amending the Circular No11612004TTT-BTC on guidelines for implementationof Decree 197120041CP. "HIFU Development Project". Resettlement Policy Framework. March ,14Ih 2007 Decree No198/2004/ND-CP, 03 December 2004, on collection of land use fee. And issuedguidelines in Circulation No117/2004/TT-BTCby MOF. Circular No 80/2005/TT-BTC, dated on September, 15th, 2005, providing guidelines for organization of a network for conducting statistics of and surveying, investigating of the land prices in accordance with Decree No 188/2004/ND-CPof the 16th of November, 2004, on the methods of evaluating land prices and frame of land prices. Decree No17/2006/ND-CP, 27 January 2006, on amendment of some provisions of some Decree guiding implementation of the Land Law and the Decree 187/2004/ ND-CPon shifting the state companies into stock ones Decree No131/2006/ND-CP,on November, gth2006, providing regulations on Managementand Utilization of ODA. Decision No106/2005/QD-UB dated on June, 16th 2005, issued by the Hochiminh CityOs PC on compensation, assistance and resettlement when the Government acquires land in HO Chi Minh City. 2.2. World Bank Policy on Involuntary Resettlement 7. The World Bank policy regulated by OP 4.12 includes safeguards to address and mitigate impoverishment risks of involuntary resettlement caused by development projects. 8. The basic guiding principles of the World Bank resettlement policy are: (a) Involuntary resettlement should be avoided where feasible, or minimized exploring all viable alternative in project design; (b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the person displaced by the project to share in profit benefit. Displaced persons should be meaningful consulted and participated in planning and implementing resettlement programs (c) Displaced persons should be assisted in their efforts 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. 9. The OP4.10 on lndigenous Peoples requires all projects that affect indigenous peoples to engage these people in a process of free, prior, and informed consultation; and to prepare an lndigenous Peoples Plan that will ensure these people to receive social and economic benefits that are culturally appropriate and gender and Ointer-generationallyoinclusive. 10. The OP 4.11 on Cultural Property, ensuring preservation and seeking to avoid the elimination of sites having archaeological, paleontological, historical, religious and unique natural values. The Bank declines to assist those projects that will bring damage to cultural property. 2.3. Policy applied for the HDP 11. In general, the Land Law 2003 and Decree 197/CP, Decree 17/2006/CP on amendment of some provisions guiding implementation of the Land Law 2003 and "HIFU Development Project". Resettlement Policy Framework. March ,14Ih 2007 Decree 197/2004/CP, as well as new Decisions issued by HCM cityOsPC on implementation of Land Law 2003 and Decree 197/CP, satisfy the most principles and objectives of the World BankOs Policy on Involuntary Resettlement. 12. However, due to existence of some gaps between policy of Vietnam and WB, the Government will approve this Resettlement Policy Framework for the HDP. The Table 1 provides summary of differences between Resettlement Policies of the Government of Vietnam and the World Bank and the Policy proposed for the HDP. Table 1: Differencesbetween Resettlement Policies of the Gov. Decree 197/20041CPand the World Bank and the Policy proposedfor the HDP World Bank Policy Decree 197120041CP Project Policy Article 6: If persons who have land All projectdisplaced personswill be recoveredby the State meet all conditions e DPwho are not to prescribedinArticle 8 of the Decree, they compensation under shall receivecompensation; if they fail to lawwillbe assisted to restore meet all conditionsfor compensation, the living standards as before the People's Committees of the provinces or project central IevelOs cities shall consider providingsupports. (Note: The Decree does not regulate concreteassistancelevel for those DPs who do not meet conditionsfor compensation.Each PPClCityOsPCwill decide concreteassistance levelswithin their CityOsIprovincialboundaries) Article 9:The compensation rates for land Replacementcost surveys have to be shall be determined by the PPC in carried out to ensure that project Land compensation price accordancewith the Government compensationrates for all categoriesof be replacementOne regulationsfor the type of land which has loss will be equivalentto replacement been used for at the time of land cost to be updatedat the time of acquisition compensationpayment. (Note: Prices of residentialland, issued by PPC and announced on thel" of January every Year used to be lower than the actual land use righttransfer prices) Article 18,19,20: Compensationat 100% of replacemr ' cost for all affected structure. All affected houses and - Houses and structureson non-eligible- depreciation and no deduction of structures, irrespectiveof land for-compensationland, which have not salvage materialsshould be made. tenure status, should be violated announced land use plans or the compensated at the full right of way will be assistedat 80% of replacement cost replacement cost - Houses and structureson non-eligible- for-compensationland,which have violated announced land use plans or the rightof way will not be assisted. In special cases,the PPC will consider to assist on the case by-casebasis. All affected businesses are Articles 26, 28: only registeredbusinesses All affected businesses are eligible for eligiblefor assistance are eligiblefor assistance assistance .Severely affected DP, Article 28,29: DP losing more than 30% of Severelyaffected DP, including DP including DP losing more than agricultural land will be entitledto living losing morethan 25% of agricultural 20% of agricultural land,will stabilization and trainingljob creation land, will be entitledto rehabilitation be entitled to rehabilitation assistance assistance assistance "HIFU Development Project".Resettlement Policy Framework. March .14Ih 2007 World Bank Policy Decree 19712004lCP Project Policy It requires an independent The Decree 197 does not requirethis It requiresan independentmonitoring monitoringof resettlement of resettlement implementation implementation 3. COMPENSATION POLICY 3.1 Objectives of resettlement policy 14. The main objective of the Resettlement Policy is to ensure that all Displaced Persons (DPs) will be compensated and/or assisted for their losses and provided with rehabilitation measures to assist them in their efforts to improve, or at least maintain, their pre-project living standards and income earning capacity. 15. When the gaps exist between Governmentus and WBOs policies, the latter will be applied. 3.2. Displaced People (DP) 16. Displaced People (DP) are those who, at the Cut-off Date, are affected by: i) The involuntary taking of land resulting in: (a) relocation or loss of shelter; (b) lost of assets or access to assets; (c) loss of income sources or means of livelihood, whether or not the displaced persons must move to another location; or ii) The involuntary restriction of access to legally designated parks and protected areas resultingin adverse impacts on the livelihoods of the displaced persons. 3.3. Principlesof Resettlement 17. The principles of resettlement policy in the project will be as follows: (a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. (b) All DPs residing, working, doing business or cultivating land within the recovered area under the Project as of the Cut-off-Date are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-Project living standards, income earning capacity and production levels. (c) The rehabilitation measures to be provided are: (i) compensation at replacement cost without deduction for depreciation or salvage materials for houses and other structures; (ii) priority given for compensation mode of agricultural land-for-land of equal productive capacity acceptable to the DP; (iii) transportation and subsistence allowances, and (iv) business/income rehabilitation allowances and other relevant assistances. (d) Replacement of premise and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DP. In case if there no land "HIFUDevelopment Project".Resettlement Policy Framework. March ,l4Ih 2007 is available for compensation Oland for land0 or it is the choice of DPs, then compensation in cash or provision of apartment (for DPs losing residential land) may be applied. If the DPs lose more than 25% of their agricultural holding, then besides of compensation for lost land, the project will provide rehabilitation/assistance measures. (e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DPs prior to the expected start-up date of works in the respective Projectsite. (f) Plans for acquisition of land and other assets and provision of rehabilitation measureswill be carried out in consultation with the DPs to ensure minimal disturbance. Entitlementswill be provided to DPs prior to expected start-up of works at the respective project site. (g) The previous level of community services and resources will be maintained or improved. (h) Adequate budgetarysupport will be fully committed and be made available to cover the costs of land acquisition and resettlement and rehabilitation within the agreed implementation period. Physical resources for resettlementand rehabilitationwill be made available as when required. (i) Compensation payment and rehabilitation assistance to DPs should be completed satisfactorily in accordance with the approved RP before starting of respectivecivil works. (j) Institutional arrangements will ensure effective and timely design, planning, consultation and implementationof the ResettlementPlan (RP). (k) Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlementmanagement system. Evaluation of the land acquisition process and the final outcome will be conducted independently from the executingagency 3.4. Compensation Policy for Loss of Agricultural Land 18. DPs will be entitled to the following types of compensation and rehabilitation measures: (i) Ggeneral mechanism of compensation for lost agricultural land will be through provision of "/andfor land" arrangements of equal productive capacity, in a location acceptableto the DP. Ifthe replacementland plot have smaller size or of lower quality, DPswill be entitled to compensationin cash equivalentthe differences. However, if replacement land is not available or the DP prefers to receive cash compensation then the following will be applied: Legal and legalizable land users Cash compensationat full (100%) replacement cost for the lost area. Users with temporary or leased rights to use land: Cash compensation of an amount corresponding to the remained investment or equal 30% of land replacementcost, if exists, for the lost area; Land Users without recognized Rights to Use Land In lieu of compensation, assistance will be given to DPs at level equal 60% of replacementcost for the lost area. I I "HIFUDevelo~mentProject".Resettlement Policy Framework. March,14'* 2007 (ii) Incomerehabilitationassistances: *:* Legal, legalizable land users and poor or vulnerable agricultural land users affected, but being without recognized rights to use land, if lose more than 25% of their agricultural land holding or the remained area is economically unviable, then besidesof cash compensationfor lost land, they may be allocated a plot of land, with collection of land use right fee, at location accessible for non-farm production, business or services. The size of such allocated non-farm land will be decided by the HCM CPC, based on the land availability and the DPsO lost areas. The price of the allocated land will be equal to the price of respective agricultural land plus the investment cost but not exceeding the land price at the announced moment of the Decision on land acquisition, issued by HCM CityusPC. *:* In case if there is no land available for allocation for non-farm production or businesslservice as mentioned above, the DPs will be provided with income rehabilitation assistance for shifting to new jobs at level of 2,000,000 VNDllabourOaged member, mostly in form of training. *:* The cash assistance to poor, difficult DPs should be combined with appropriate agricultural extension activities to ensure that they can improve their income generating capacity. (iii) Subsistenceallowance *:* The DPs losing more than 25% of their agricultural land holding that are planted with annual crops will be entitled to assistance of 500,000 VND per HHUs member if they do not have to move to new site and of 1,000,000VND per household members if they have to move to new site. In case if the DPs lose more than 25% of agricultural land used under perennial crops, the subsistence allowances will be as much as double of the case appliedfor annual crops. 3.5. Compensation Policy for Residential Land 19. DPs are entitled to the following: (1) The compensationpolicy for residentialland: (i) Compensation for loss of land in cash at (a) 100% replacement cost to legal and legalizable land users; (b) An assistance of amount equal to 60% of land replacement cost to land users without recognized land use rights (ii) The DPs who lose all residentialland, dwelling houses and have to be relocated into new site will be eligible to: (a) Relocation arrangement mostly in form of apartment in multi-storey building or provision of a new plot, if available, in projectOs planned RS. (6) If legal or legalizable DPs opt for self-relocation, then in addition to compensation for I II be given relocation assistance at level (c) If non-legalizable relocated DPs have other dwelling site in the city, they will only be given assistance for affected land as (i) above. If non-legalizable relocated DPs are poor or vulnerable2and do not have other dwelling site for relocation in the city, then besides of assistance for lost land at 60% of "HIFU Development Project".Resettlement Policy Framework. March ,14Ih 2007 replacement cost, they are entitled for relocation measures as applied for legalllegalizable DPs 2) Assistancepolicy (a) Transportation allowance equal from 2,000,000 VNDIHH to 3.000.000 VNDIHH if DPs relocate within the City and equal 5,000,000 VND per HH if they relocate to another province. If DPs have to rebuild dwelling house in their remained area, they will be given assistance equal 1,000,000 -1,500,000 VNDJHH to demolish house and remove appliances to new locationwithin their remainedareas. (b) Subsistence allowance equal 1,000,000 per HHOs member if they have to relocate to new site, and equal 500,000 per HHOs member if they have to rebuild house in remained land; (c) In case the DPs opt relocating into a RS but the plots or apartments still are not yet available,then they will be given: - A house renting allowance at level regulated by CityOsPC, from 200.000VNDl personlmonth to 350.000 VNDIpersonlmonth, depending on DPs existing . location, for person from the moment handing acquired land to the moment receivinga new apartment or new plot in the RS. - Additional transportation assistance at 1.000.000 VNDIHH for relocation to temporary site. 3.6. Compensation Policyfor Loss of HouseslStructures Regardingaffected houses/structures: The DPs will be entitled to the followings: (i) Compensation or assistance in cash for affected houseslstructures will be given at 100%of the replacement cost, regardless their legal status. The amount will be sufficient to rebuild a structure the same as the former one at current market prices. (ii) If houselstructure is partially affected, the project will provide a houselstructure repairing cost, in addition, to DPs to restore it to former or better conditions. (iii) Compensation and assistance will be provided in the form of cash. No deductions will be made for depreciationor salvageable materials. (iv) The calculation of rates will be based on the actual affected area and not the useable area. Loss of Graves: The level of compensation for the removal of graves will be for all costs of excavation, relocation, reburial and other related costs. Compensation in cash will be paid to each affected family. Tenants, (a) The tenants of state or organizationtls houses that have to be relocated will be provided an assistance equal 60% of replacement cost of the affected houses. The area created by the DPs themselves will be compensated at their full (100%) replacementcosts. (b) The tenants who are leasing a private house for living purposes and have to be relocated,will be providedwith assistance equal the remainingvalue of the house "HIFU Development Projectn.Resettlement Policy Framework. March ,14Ih 2007 renting contract, but not exceeds renting value for three months, plus transportation allowance at the level equal to that applied for legal relocated DPs to transport assets to new site. To be assisted, the DPs should have house rentingcontract. 3.7. Compensation for loss of Standing Crops and Trees 20. For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to households who cultivate the land, according to the full market value of the affected crops and/or at replacement cost for affected perennial trees. 3.8. Compensation Policy for Loss of Income andlor BusinesslProductive Assets 21. For DPs losing income and/or business/productive assets as a result of land acquisition,the mechanismfor compensatingwill be: (1) The registered non-farm producer/business DPs, who have income- generating and/or business/productive assets affected, will be given cash business assistance for the loss of business income, equivalent to 30% of the annual average for the last 3 years net income. (This amount is equivalent to 100%of monthly net income for 3.6 months). (2) The non-registered business or non-farm producer DPs, whose operations are recognized by local authority, will be given assistance in cash at levels regulated by HCM CPC. (3) If business or productive assets are affected, cash compensation for lost business structure/assets reflecting their full replacement cost, without depreciation; (4) If the business has to be relocated, then, a provision of alternative business site of equal size and accessibility to customers, satisfactory to the DP, or, in cash for business affected area at replacement cost, plus transportation allowance to remove movable attached assets 3.9. Temporary Impact during Construction 22. For temporary lossof land and properties, DPs are entitled to the followings: For arable land that will be temporarily affected: (i) Compensationfor one harvest of cropsltreesat full market prices (ii) Compensation for loss of net income from subsequent crops that cannot be planted for the duration of project temporary use, AND (iii) Restoration of land to its previous or better quality For temporary loss of residential land: (i) Compensationfor all affected properties at full replacementcost; (ii) Restoration of land to its previous or better quality. For temporary impact on business: (i) Compensation for temporary loss of income, equivalent an average monthly net income at least for three months. (ii) Compensationfor all affected properties at full replacement cost. (ii) Restoration of land to its previous or better quality. For damages caused by contractors to private or public structures: "HIFU Development Project". Resettlement Policy Framework. March ,14'* 2007 23. Damaged property will be restored by contractors immediately to its former condition. 24. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the Project. 3.10. Secondary DPs 25. This applies to those affected by development of resettlement sites. Because all secondary DPs are to be affected in similar ways as primary ones, they will be entitled to compensation and rehabilitation assistance in accordance with the same respective provisionsfor all other DPs. 3.11. Compensationfor Loss of Community Assets 26. In cases where community infrastructure such as schools, bridges, water - sources, roads, sewage systems is damaged, the project will ensure that these would be restoredor repairedas the case may be, at no cost to the community. 3.12. Allowances and RehabilitationAssistance during Transition Period 27. The DPs who have to rebuild main house in their remained land, or have to relocate to new site, will be entitled for: (1) transportation assistance at 1.000.000 VNDIHH-1.500.000VNDlHH if DPs rebuild house on remained land, and at from 2.000.000 VNDIHH to 3.000.000 VNDIHH if DPs will relocate to new site within the city, or at 5.000.000 VNDIHH if DPs relocate to new province; (2) Subsistence assistance at 500,000 VND/person/month if DPs rebuild house on remained land; or at 1.000.000 VNDlpersonlmonth if DPs relocate to new site; (3) Temporal house renting assistance at level regulated by HCMCityOsPC from 200.000 VNDlpersonlmonth to 350.000VNDlpersonlmonth, depending on DPsO present location, for period from moment hading acquired land to moment receiving plot or apartment in RS, and an additional transportationassistance at I.000.000VNDIHH. 28. The DPs, who have income severely affected, will be provided rehabilitation assistance: (i) Severelyaffectedfarmers losing more than 25%oftheir landholding: (a) Subsistence allowance assistance at 500.000 VNDIperson if the affected land used for annual crops and DPs do not have to relocate to new site and at 1.000.000VNDlpersonif DPs have to relocate to new site. In case if the affected land are planted with perennial crops, then the levels of such assistances are double of the above; (b) If legal and legalizable affected farmers or poorlvulnerable affected farmers, without recognized land use rights, lose more than 25% of their agricultural land holding or their remained area economically is not viable, then besides of cash compensation or assistance (respectively to their legal status), the project may allocate a plot (with collection of land use fee) suitable for non-farm production or business, services. The size of plot depends on its availability and the DPOs acquired area. The price of allocated land is equal to that of comparative "HIFU Deveio~rnentProject".Resettlement Policy Framework. March .14'~2007 agricultural land plus cost of infrastructure development but the total could not exceed price issued by CityOsPC. (c) If there no land available for the option, the DPs will be given assistance for their labour-aged members shifting to new jobs at 2.000.000 VNDllabour, mainly in form of training. (ii) DPs having income or business affected: (a) The registered non-farm producer/businessDPs, who have income-generating andlor business1 productive assets affected, will be given cash business assistance for the loss of business income, equivalent to 30% of the annual average for the last 3 years net income. (This amount is equivalent to 100% of monthly net income for 3.6 months). (b) The non-registered business or non-farm producer DPs, whose operations are recognized by local authority, will be given assistance in cash at levels regulated by HCM CPC. 4. IMPLEMENTATIONARRANGEMENT 29. Implementation of compensation and resettlement activities requires participation of local agencies at the city, district and ward levels. Hochiminh CityOsPC is responsible for overall compliance of provisions of the HDP Resettlement Policy Frameworkand Resettlement Plans,where required. RCs will be established at district level, according to regulations of Decree 19712004lCP and Decree 17/20061CP and delegated by the CityOsPC responsibilities. Policy and provisions of this RPF are legal basis for implementation of compensation, assistance and resettlement activities within the HDP. 4.1. City's People Committee CityOs People Committee (CityOsPC) is a highest competent authority at City level. Ho Chi Minh CityOs People Committee delegates its districtOs people committees (DPCs) the most responsibilities and tasks for implementing compensation, assistance and resettlement activities in case the Government acquires land within the cityus boundaries. Ho Chi Minh CityOs People Committee is responsibleto: (i) Appraise and approve projectns resettlement plans in accordance with the approved HDPOs Resettlement Policy Framework; (ii) Issue decision on land acquisition and allocate the land to investor to develop project; (iii) Make final decisions on compensation prices, level of assistances, allowances and assistance policies for DPs and vulnerable groups, in accordance with approved HDPOs RPFand approved RPs of HDP funded projects; (iv) Direct relevant agencies to solve complaints, grievances of the DPS on compensation and resettlement in accordance with their authorized competence; (v) Provide full and timely compensation fund if budget for land acquisition is funded by the City; "HIFU Development Project". Resettlement Policy Framework. March ,14Ih 2007 (vi) Ensure that compensation and resettlement activities are implemented in accordance with the approved HDP RPF and RPs of its funded projects. 4.2. Project investor 30. Investor of borrowed projects is responsiblefor daily implementationof its RP. Main responsibilitiesinclude: (i) Preparing a RP adequate with HDPOs RPF, submitting it to HCMCityOsPCfor approval and to WB for no objection before its implementation. (ii) To be responsible for coordination of organization and monitoring of compensation and resettlement implementation within its funded project. Preparing detailed plan for implementing compensation and land acquisition. Signing contract with relevant agencies to implement certain compensation and resettlementactivities; (iii) Preparing housing fund for resettlement of relocated DPs or request the CityOs PC to arrange it for relocated DPs. Pay cost of infrastructure and housing development in RS as regulated; (iv) Participating in respective DRCs. Providing necessary information related to its project and preparing projectUs compensation and resettlement options, assisting respective DRCs in related appraisal activities; (v) Reviewing compensation prices for land and other assets. If there exist considerable gap between compensation prices issued by CityOsPC and market prices of respective properties, investorwill cooperate with Department of Finance and others related line departments of the City to submit to CityOsPC a proposal for adequate reviewladjustment of the prices in accordance with the provisionsof this RPF. (vi) Preparing sufficient and timely budget to meet the demand for implementation of preparation and compensation payment to DPs. Cooperating with DRCs and WlCPCs to organize compensation payment, assistance and allocation of apartment to DPs; (vii) Establishing database on DPs by project component and for entire project. All concerned agencies1parties should be able accessingthis database. (viii) Preparing plan for internal monitoring of compensation and resettlement implementationand compliance of project resettlementpolicy provisions. (ix) Closely cooperatingwith external monitoringagency; (x) Receivingand handling acquired land to contractorfor civil works; and (xi) Preparingand submitting periodic report to HIFU. 4.3. District People Committee 31. DPCs are responsiblefor followings: (i) Overall direction of compensation, assistance and resettlementactivities within their districts; Make decision on establishmentof DRC in accordance with their delegated competence and responsibilities. (ii) Approving compensation and resettlement options of projects occurred within their district boundariesas delegated; "HIFU DevelopmentProject". Resettlement Policy Framework. March ,14'~2007 (iii) Issuing related administrative procedures, assigning tasks and regulating responsibilities of districtas departmentOs agencies, wardOs/communel7s PCs and district staff for resettlement implementation. (iv) Approving estimate cost of resettlement implementationfor delegated cases. (v) Solving complaints, grievances of DPs in accordance with their authorized competence. Ward's People committee (WICPCs) Ward's/commune PCs are responsibleto: Assign tasks to its staff to participate in, assist compensation and resettlement implementationwithin the wardUs/communeUsboundaries; Support other agencies, for example investor, to publicize, disseminate information and organize public, community meeting and consultation with DPs; (iii) Support other agencies, including investor, in carrying out census and socio- economic survey of DPs, assess replacement costs, DMSs and other resettlement activities; Participate in land acquisition, land allocation and resettlementactivities; Participate and assist DPs in all compensation and assistance activities and rehabilitation of their living standards. Inform DPs on schedule of compensation activities and monitor them. Co-sign into DPs compensation and resettlement related documents as regulated; Ensure adequate grievance reddressal to DPs. Record and store all grievances of DPs as well as their solution. Assist and advise DPs for speed remedy of DPs grievances. 4.5. Externallindependentmonitoring agency 33. It need to identify and sign a contract with a specialist or an organization, research institution, specialized on social sciences, to carry out monitoring and evaluation of RPOs implementation of respective project. lnvestor or HIFU will sign contract with this selected organizationlagency or specialist. The budget for external monitoring is a part of the projectUs total cost. The independent monitoring agency will carry out periodic monitoring of resettlement implementation progress and suggest relevant recommendationsfor solving problems identified during monitoring activities. 5. PREPARATION OF RESETTLEMENT PLANS FOR CREDIT- PROPOSED PROJECTS 34. Based on this HDPCIs RPF, each investor will prepare a RP for their proposed project and submit it to CityOsPC for review. This reviewed RP will be submitted to the Bank for no objection before the CityUsPC approves it officially. lnvestor with "HIFUDevelopment Project". Resettlement Policy Framework. March ,l4'* 2007 their resettlement staff will closely cooperate with DPs, local authorities and mass organizationsfor implementationof the RP. 35. It needs to prepare a full RP if results of SIA show that resettlement impacts of the project to be significant3. Such RP should be prepared before projectCls appraisal. This plan should indicate resettlement objectives, policy, strategy and include the followings: (i) Brief project description; (ii) Potential resettlement impacts of the project; (iii) Objectives; (iv) Socio-economic survey; (iv) Legal framework; (vi) Eligibility; (vii) Evaluation of affected assets and their compensation; (viii) Selection, preparation of resettlement site and relocation; (ix) Development of houses, infrastructure and social services; (x) Organizational responsibilities; (xi) Public participation, consultation and grievance reddressal mechanism; (xii) lmplementation schedule; (xiii) Cost and budget; (xiv) Monitoringand evaluation 36. An abbreviated RP is appropriate if results of SIA show that resettlement impacts of the project to be insignificant. The RP should be prepared before projectOs appraisal. It have to address at least the followings: (i) Census of DPs and inventory of losses; (ii) Description of mechanism of compensation and assistance measures applied; (iii) Consultation with DPs; (iv) Institutional arrangement; (v) lmplementationand monitoring plan; (vi) Cost and budget. 5.1. Preparation of Resettlement Plan 37. Preparation of a related project (loan proposal) requires participation of community and comprehensive analysis, including SIA. During project preparation stage, following steps should be followed: Stepl: Mitigation of project's resettlement impacts. Revise projectus design, based on results of consultation with potential DPs and technicians to avoid or at least mitigate its resettlement impacts. For example, selection, alignment of a road direction, utilization of public space/land, marginal or unused land, land of low economic value... may reduce resettlementimpactson local population. Step 2: Identification of level of project resettlement impacts. Based on project design, after taking mitigation measures, identify to what category among the followings4the projects is belonged to (by level of resettlement impacts): (i) Do not pose resettlement impacts; (ii) Pose insignificant resettlement impacts; and (iii) Pose significant resettlementimpacts. Both cases (ii) and (iii) require preparationof a RP. Step 3: Inventory of losses and socio-economic survey. Regarding project of cases (ii) and (iii) as described above, it needs to carry out inventory of losses, census a socio-economic survey of potential DPs, identify types and level of impacts. This surveyslinventory should involve of related local authorities of different levels. Followinginformationshould be collected: (i) Data on all DPs and affected land and properties: Total number of DPs, information on population, education, income and employment; Resettlement impact is considered to be significant if there are 200 persons or more experience significant impact.A significant impact is when DPs lose house or have to be relocatedandlor lose more thanlo% of their productiveassets. 4 1The term "resettlementimpact",besidesof meaning of relocation,it also meansthe lossof (impacton) crops, trees and incomellivelihood. Resettlementimpactsshould be avoided or at least to be minimized, however if it is unvoidable, then provisionsof the project's RPF should be applied. "HIFU Development Project". Resettlement Policy Framework. March ,14" 2007 lnventoryof all losses lnventoryof local communitiesassets, if relevant Economic activities of DPs, including vulnerable groups Social network and organization Priorities,wishes on compensation and resettlement options and income rehabilitation measures Data on land and its area : Total land acquired for the project Types of land use pattern Land use rights, renting, and forms of land use Existing public works and infrastructure. Data on results of inventory of losses, socio-economic survey and census of DPs should be computerized, tabulated and managed as database by administrative unit and project construction components. Step 4: Assessment of replacement cost. It needs to collect information on market prices of land, houses, crops, trees and other properties from local authorities of cityOs, districtOs and wardslcommune levels, to provide base for estimating cost of the RP. Step 5: Preparation of RSs and rehabilitation measures. In case the project cause relocation impacts on DPs, the investor have to prepare relocation options, sites and measuresfor rehabilitation income and living standards of DPs. *:* Preparation of relocation options are based on numerous preparation activities and consultation with DPs, local authorities of different levels and concerned parties. Based on results of inventory of losses and regulated eligibility criteria for relocation, investor has to define the number of relocated DPs. Based on that, investor has to consult with competent authorities to identify relocation options available and feasible then inform to and consult with DPs on their relocation needs and their preferences. The Bank requires investorllocal authorities to offer different relocation options to DPs, including different location options and different compensation mode, to increase options for selection. *:* Feedback consultation on wishes and resettlement priorities of DPs and alternative options offered by project/local authorities may allow DPs to select optimal, feasible and appropriate to their own conditions options. Based on DPS selected options, investor will prepare documents, administrative and technical procedures required to develop RS or ask for allocationltransfer of the required landlapartments for providing to project's relocated DPs. +:* In case if it needs to acquire land for RS development, then DPs who lose land for such RS will be included into list of project DPs as secondary ones and will be treated in the same ways as applied for the project primary DPs. *:* Preparation, development of RS requires a lot of time, thus investor should as soon as possible start all related activities to ensure timely provision of land or apartments for project relocated DPs. *:* Similar to the above, preparation of income rehabilitation measuresfor income severely affected DPs also requires participation of and consultation with them as well as related parties, organizations and local authorities to identify needs, "HIFUDevelopment Project".Resettlemen?Policy Framework. March ,l4Ih 2007 wishes and priorities of the DPs. Based on results of the consultation, investor will prepare appropriate rehabilitation measures with feasible implementation planned schedule. Step 6. Prepare Resettlement Plan. Entitlement Matrix of this RPF (Annex 1) will be applied for all the HDP funded projects involving resettlement impacts. Step 7. Dissemination and disclosure of information. The draft projectus RP will be informed to DPs in community meetings. DPs opinions will be recorded, reviewed and incorporated into the draft RP. Final RP will be disclosed and available at public, cityus, informationcentres, at projectns DPCs, at InformationCentre of WB in Hanoiand Washington. 5.2. Appraisal and approval of resettlementplan 38. HIFU is responsible for appraisal of RPs of its funded projects then submit to WB for no objection in first years of the HDPOs implementation. 39. Hochiminh CityUsPC is responsiblefor approval of the RPs after them having been reviewed by HIFU. 6. PUBLIC INFORMATION, COMMUNITY PARTICIPATIONAND GRIEVANCE REDDRESSAL MECHANISM 6.1. Objectivesof public information and community consultation 40. Dissemination of information to DPs and participated agencies, organizations are important part of projectOs preparation and implementation. Consultation with DPs and ensuring their active participation will reduce potential conflict and risks delaying project. This also allows the project to design appropriate resettlement and rehabilitation as comprehensive development program, appropriate to needs and priorities of DPs, hence maximizesocio-economic benefits of investment capital. 6.2. Public consultationduring project preparation 41. During project preparation, the public information and community consultation aim to collect information to assess project resettlementimpacts and make adequate recommendations on alternative options. This is to avoid or at least mitigate projectns potential negative, resettlementimpacts on local population and prepare to faceldeal with issues possibly emerged during its implementation. 42. Methods of public information and consultation may include PRA, with participation of concerned parties, using techniques of household and site visit, public/communitymeetings,focus group discussions,socio-economic survey. 6.3. Public consultationduring project implementation 43. Throughout project implementation, investor, in cooperation with local DRCs and related authorities, will inform to DPs on project resettlementpolicy, entitlements, compensation prices application charts, relocation options, rehabilitation measures... to obtain their common consensus, learning of their actual resettlement needs and suggest appropriate measuresfor overcoming emerged problems. "HIFU DevelopmentProject".Resettlement Policy Framework. March ,141h 2007 44. DPs also are informed on grievance reddressal mechanism, rights to raise complaints and grievances, for consultation, advising, on institutional arrangement, and implementation schedule. 6.4. Grievance reddressalmechanism 45. DPs can lodge their complaints regarding any aspect of compensation policy, rates, land acquisition, resettlement and other entitlements. Complaints can be lodged verbally or in written form, but in case they are lodged verbally, the committee to which it is lodged will write it down during the first meeting with the DP and inform their cases to investor and local authority. DPs will be exempted from administrative and legalfees. . 46. Local mass organizations, including National Front, Association of Farmers, Women's Union, mediator groups...will be mobilized to actively participate in process of solving of DP's emerged complaints/grievances. 47. A four-stage procedurefor redressinggrievances is as follows: Stage 1- Complaints from DPs on any aspect of the resettlement program, or losses not previously addressed shall first be lodged verbally or in written form to the people's committee at wardtcommune level. The complaint can be discussed in an informal meeting with the plaintiff and the chairman of the people's committee at commune level. The people's committee at commune level will be responsible for resolving the issue within 15 days from the day it is lodged. Stage 2 If no understanding or amicable solution cannot be reached, or if no - response from the peopleOs committee at commune level is received by the DPs within 15 days of registering the complaint, hetshe can appeal to the DistrictOs Resettlement Committee. The Districtus will provide a decision within 01 month of the registeringof the appeal. Stage 3 - If the DP is not satisfied with the decision of the DistrictOs or its representative, or, in the absence of any response by the DistrictUsRC,the DPs can appeal to the HCM cityus PeopleOs Committee. The CityOs PeopleOs Committee together with the representative of the CityOsRC will provide a decision on the appeal within 30 days from the day it is lodged with the CityOsPC. Stage 4 - If the DP is still not satisfied with the decision of the CityUsPC or CityOsRC on appeal, or in absence of any response from the CityUsPC or CityOsRC within the stipulated time, the DPs as a last resort, may submit histher case to the district court. 7. IMPLEMENTATIONSCHEDULE 48. A detailed implementation schedule for different activities will be clarified in each RP 8. COST AND BUDGET 49. To prepare budget for project costs, it need to prepare a resettlement cost estimated. The cost estimate is based on updated information on compensation costs. "HIFU Development Project".Resettlement Policy Framework. March .14Ih 2007 50. lnvestor has to clearly indicate on source of budget for compensation, assistance and resettlement of the project and cost for implementation of these activities, mechanism of budgetflow. 9. MONITORINGAND EVALUATION 9.1. Monitoring 51. lnvestor will supervise and carry out internal monitoring of daily implementation of its RP, in cooperation with local authorities of different levels and with the external monitoring agency. Results will be recorded and reported through periodic reports submitted to HIFUand WB. 9.2. Internal monitoring 52. lnvestor carry out internal monitoringto: *' Confirm that all project DPs have been included in the census, all affected properties haven been inventoried and check out whether evaluation of affected properties and provision of compensation, assistance and resettlement are carry out in accordance with provisions of its RPF and RP or not. *:* Monitorwhether or not resettlementobjectives of the RP are met 43 Check out whether or not the resettlement budget is provided sufficiently and timely as well as whether it is used adequately as described in the approved RP *:* Record and maintain data on all DPsO grievance, their solution; ensure that all of grievancesare timely addressed. 9.3. Independent monitoring 53. An external monitoring agency (or in other words, independent monitoring consultant), specialized on social sciences or anthropology, capable and experiences, will carry out periodic monitoringand evaluation of RP implementation. 54. Besidesof periodic monitoringduring RP implementation,the agency/consultant will conduct sample survey of 20% of DPs after completion of compensation, assistance and resettlement,to : *:+ Check out whether or not DPs participation procedures and payment of compensation, assistance and resettlement are implemented in accordance with provisionsof project RP? *:* Assess whether or not objectives of the RPF to improve or at least restore prior-projectOsliving standards of DPs are met *:* .Collect qualitative information on socio-economic impacts of project implementationon DPs; *:* Suggest recommendations, if necessary, to achieve principles, objectives of this RPF. "HIFU Development Project". Resettlement Policy Framework. Febm ANNEX 1: ENTITLEMENT MATRIX No NPEOF APPLICATION DEFINITIONOF COMPENSATIONPOLICY IMPLEMENTATIONISSUES LOSS ENTITLEDPERSON Permanent DPs losing User with legal or (i) compensation for lost land at 100% replacementcost If the area of the remainingland is loss of arable agricultural land. legalizable rights to(ii) Iffarmers lose more than 25% their agriculturalholding, then besides of viable* the then land entire pieceof land would be use the affected compensation,they will be given: (a) subsistenceallowance at 500.000 acquired land. VNDIHH member if DPs do not have to move to new site and at 1.000.000 VNDlmember if they haveto moveto new site or if the land was usedfor The size of such allocated non-farm growing annual crops Iffarmers lose more than 25% their agriculturalholding land will be decided by the HCM CPC, and the land is usedfor perennialcrops, then the level of assistance will be based on the land availability and the double of the above; (b) the DPs also will be allocatedwith a non-agricultural DPsU lost areas. The price of the land (withcollection of land use rightfee) at a location accessible for running allocated land will be equal to the off-farm businessor services. price of respective agricultural land (iii) In case there no land availablefor allocationfor non-farm plus the investment cost but not productionlbusiness as mentioned above, then the DPs will be given exceeding the land price at the assistance for shifting to newjobs at 2.000.000VNDllabour-aged member, announced land mostly in form of training. acquisition issued by the Decision of the HCM CltyOsPC Land Users With Cash compensationfor acquired land equivalent to remained investment If remained value affected land is Temporary or put on the land; or equal 30% of its replacementcost higher than 30% of land replacement Leased Rights cost, then local RCwill decided to make adequate adjustment Users without (i) i lieu of compensation,the DPs will be given assistanceequal60% of land recognized rights to replacement cost; use land as (ii) If affected DPs are poor, vulnerable farmers, and lose more than 25% of regulatedArticle by their holding, they will betreated as for legalland users 8, Decree 197120041CP permanent LegalOr a. All users of MLand compensation: The total residential area of a HH loss of legalizable land residentialland (a) Compensateland in cash at full replacementcost to all legalore includes the losffcompensated plus residential users of affected marginally or legalizable users of affected residentialland. the remainedarea, not exceeding the land residentialland severely affected. actual residentialarea allocated in the LURC (if there clearly indicated b. All relocated B/Resettlement: If DPs have to relocate: residentialarea) or not exceedingthe legalllegalizable (i) Relocation arrangement mostly in form of aparhlent in multi-storey residential land area ceiling set by land users building or provision of a new plot, if available,in projectl3splannedRS. HCMC PC (severely affected) (ii) If legalor legalizableDPs opt for self-relocation, besides of compensation for landat replacement cost, DPs will be given a relocation assistanceat leveldecidedby HCM city PC (2Assistancepolicy: (a) Transportation allowance equal from 2,000,000 VNDIHH to 3.000.000 VNDIHH if DPs relocate within the City and equal 5,000,000 VND per HH if they relocateto another province.If DPs do not haveto relocatedbut have to "HIFU Development Project". Resettlement Policy Framework. February 2007 build new dwelling house in their remained area, they will be given assistance equal 1,000,000-1,500,000 VNDIHH to demolish house and removeappliancesto new locationwithin their remainedareas. (b) Subsistence allowanceequal 1,000,000 per HHOs member if they haveto relocate to new site, and equal 500,000per HHOs member if they have to rebuildhouse in remainedland; (c) In case the DPs opt relocating into a RS but the land orlapartmentstill are notyet available, then they will be given: - A house renting allowance at level regulated by CityUsPC, from 200.000VNDlpersonlmonth to 350.000VNDIpersonlmonth, depending on DPs existing location, for person from the moment handing acquired land to - the moment receiving a new apartment or new plot inthe RS. Additionaltransportationassistance at 1.000.000VNDIHH for relocationto temporary site Permanent Non-legalizable Residentiallandusers without recognizedrights to use landas regulated by loss of land users of Article 8, Decree 197/2004/CP residential affected a. All users of MLand compensation: land residentialland residentialland In lieu of compensation, project provides an assistance at 60% of The area entitled for assistance marginally or replacementcost for residentialland lost area to the non-legalizable users would not exceed the ceiling set for severely affected' B/Resenlement: If DPs have to relocate: provisionof LURCfor residentialland b. All relocated (a) If non-legalizable relocated DPs have other dwelling site in the city, they legalllegalizable will only be given assistancefor affected landas (A) above land users (b) If non-legalizablerelocated DPs are poor or vulnerable and do not have (severelyaffected) other dwelling site for relocation in the city, then besidesof assistancefor lost land at 60% of replacementcost, DPs are entitledfor relocation measuresas appliedfor IegaVlegalizableDPs 3 Houselstructu Houseslstructures Owners of affected (a) Compensation in cash for affected houseslstructuresbuilt on land with res and located in the structures. legalllegalizableright at 100% of the replacementcost; graves projectrecovered (b) Compensation in cash for affected houseslstructuresbuilt on land with area. non-legalizable right at 100% of the replacement cost; Tenant The tenants of state or organizationOs houses that have to be relocated (i) If have demand, they can buy or rent new apartment of size not less than the existing affected one. (ii) If do not like buy or to continue renting, they will be provided an assistance equal 60% of replacement cost of the affected houses. The area created by the DPs themselves will be compensated at their full (100%)replacementcosts. The tenants who are leasing a private house for living purposes and have to be relocated, will be provided with assistance equal the remaining value of the house renting contract, but not exceeds renting value for three months, plus transportation allowance at level equal to that applied for other relocated DPs to transport assets to new site. To be assisted, the DPs should have house renting contract. "HIFUDevelopment Project".Resettlement Policy Framework. Febru Affected graves Ownerof grave The level of compensationfor the removal of graves will be for all costs of For ownerlessaffected graves, excavation, relocation, reburial and other related costs. Compensation in compensationwill be given to local cash will be paid to each affectedfamily. PC to relocatethem to new site 4 Loss of Crops affected. Owners of affected DPs are entitledto compensationfor affected crops and aqua cultural productsin DPs will be given noticeseveral standing crops cash at currentmarket value. months in advance regarding crops and evacuation. Crops grown after trees issuanceof the deadlinewill not be compensated. Trees affected. Owners of affected DPs are entitled to compensation in cash at replacement cost based on the type, Evaluationof replacementcost for trees. age, and productive value. If affected trees are removable, the compensation will crops, trees and aquaculture products be equal the transportationcost plus actual loss. are followed the methods provided in Clause 24, Decree 197lCP 5 Loss of Loss of income Ownerof the - The registered non-farm producerlbusiness DPs, who have income- DPs will be given priorityfor business incomeand and affected generating and/or businesslproductive assets affected, will be given cash relocationalong highway, communal business1 businesslother businesslother businessassistancefor the loss of businessincome, equivalentto 30% of the roads and along canals nearthe productive productive assets productiveassets. annual average for the last 3 years net income. (This amount is equivalentto bridgesor footbridges in orderto assets 100%of monthlynet incomefor 3.6 months). maximizetheir benefitfrom business - The non-registeredbusinessor non-farmproducerDPs, whose operations are recognized by localauthority and who have incomeandlor At the time of compensation, businesslproductiveassets affected,will be given assistance in cashat levels allowanceswill be adjustedto regulatedby the HochiminhCPC. accountfor inflation. 6 Temporary Temporary loss of Users of affected (i) Compensationfor one harvest of cropsltreesat full market prices Ifthe quality of landwill be radically impactduring arable land land (ii) Compensationfor loss of net income from subsequent crops that cannot changed when return to requiring DPsl construction be planted for the duration of projecttemporary u s e , m DPs to change in the types of land use, then DPs should be compensated for (iii) Restorationof land to its previousor better quality all envisaged cost of losses Temporary loss of Users of affected :i) Compensationfor all affected movable properties at full replacementcost residentialland land ?estorationof land to its previousor better quality. Temporary impact Owner of business (i) Compensationfor temporary loss of income, equivalent an average on business monthly net income at least for three months. (ii) Compensationfor all affected movable propertiesat full replacementcost (iii) Restorationof land to its previousor better quality Damages by Owner or person (i) The contractorwill be requiredto pay compensation immediately to contractors to with use rights affected families, groups, communities, or governmentagencies. privateor public (ii) Damaged property will be restored immediately to its former condition. structures or land 7 Secondary Lossof land and Land users Because all secondary DPs are likelyto be affected in similarways as impacts propertiesfor primaryones, they will be entitled to compensation and rehabilitation developmentof RS assistance in accordancewith the same respectiveprovisionsfor all other DPs.