People's Committee of Ho Chi Minh City Ho Chi Minh Sub-Proiect Manaqement Unit of VUUP Public Disclosure Authorized RESETTLEMENT ACTION PLAN, PHASE 1 Final Report

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People's Committee of Ho Chi Minh City Ho Chi Minh Sub-Proiect Manaqement Unit of VUUP Public Disclosure Authorized RESETTLEMENT ACTION PLAN, PHASE 1 Final Report RP1 89 Volume 6 People's Committee of Ho Chi Minh City Ho Chi Minh Sub-Proiect Manaqement Unit of VUUP Public Disclosure Authorized RESETTLEMENT ACTION PLAN, PHASE 1 Final Report Public Disclosure Authorized F' b A 'I t> :: i a . o W an L V Ho Chi Min Su Projec D 2003 Public Disclosure Authorized Vietnam Urban Upgrading Project Ho Chi Minh Sub Project Public Disclosure Authorized Preparedby Martin Associates P/L (Australia) in association with Duongthtanh Water and Environmnent Ltd (Vietnam) December 2003 FILECOP Vietnam Urban Upgrading Project Ho Chi Minh City Sub-Project Management Unit of VUUP --- oOo- RESETTLEMENT ACTION PLAN - PHASE 1 FINAL REPORT Client: Project Management Unit of Urban Upgrading Project in Ho Chi Minh City aGI^M Be N f NO:ANG NELN Consutant: Martin Associates P/L J 0 A e Douglas Martin Social Planning & Environmental Consultant Ho Chi Minh City 12-2003 People's Committee of Ho Chi Minh City Ho Chi Minh Sub-Proiect Manaqement Unit of VUUP No 011A/KH01-NCDT RESETTLEMENT ACTION PLAN, PHASE 1 Final Report Vietnam Urban Upgrading Project Ho Chi Minh City Sub Project Preparedby Marti,i Associates P/L (Australia) in association with Duongthanh Water and Ensvironment Ltd (Vietnanm) December 2003 Vietnam Urban Upgrading Project Resettlement Action Plan Ho Chi Minh City TABLE OF CONTENTS I INTRODUCTION .................................... 8 1.1 Scope of RAP .................................... 8 1.2 Background .................................... 8 1.3 Overall Project Description ................................... 10 1.4 Social Impacts and the Scale of Resettlement ................................... 13 1.5 Alternative Options Considered .............................. 16 1.6 Structure of the Document .............................. 16 2 POLICY AND LEGAL FRAMEWORK .............................. 17 2.1 Agreed Policy Framework .............................. 17 2.2 Project Affected People (PAP's) .. ............................ 17 2.3 Principles and Objectives .. ............................. 17 2.4 Resettlement Action Plans (RAPs) .............................. 18 2.5 Legal framework ............................... 19 2.5.2.2. Eligibility Criteria and Compensation: .. 22 2.5.2.3. Valuation of and Compensation for Losses: . .22 2.5.4.1. Eligibility to Compensation - Decree 22/CP . .23 2.5.4.2. Price of Land for Calculation of Com,pensation . .23 2.5.4.3. Assistance Policy for PAPs who Rent Houses from the Government - Decree 22/CP 24 2.6 Entitlement Policy .. 24 2.6.3.1. Land Tenure Status ...... .,,, 27 2.6.3.2. Status of Houses and structures .. 27 2.6.3.3. Business .. 27 2.6.3.4. Economic Rehabilitation and Assistance .. 28 2.6.5. Entitlements .. 28 2.6.5.1. Affected Land .. 28 26.5.2. Affected Houses and Structures .. 29 2.6.5.3. PAPs Renting Government Houses and Structures ........................................ 29 2.6.5.4. Business Losses / Loss of Jobs and severely affected on productive land .. 30 2.6.5.5. Affected Utilities .. 30 2.6.5.6. Transition Assistance / Livelihood Allowance . .30 2.6.5.7. Payment in Installments for PAPs Taking Land or Apartment . .30 2.6.5.8. Bonus ......... 30 2.6.6. Entitlement Matrix .............................................. 30 3 PROJECT DESCRIPTION .............................................. 32 3.1. Project Investment Selection Criteria .............................................. 32 3.2. Phase 1 Description ............................................. 32 3.2.1. Component 1 (Tertiary infrastructure) ............................................. 33 3.2.2. Component 2 (Trunk Infrastructure) ............................................. 33 3.2.3. Component 3 Development of Resettlement Site for Phase 2 ........................ 34 3.2.4. Component 4 (Land and Housing Management) .......................................... ,.34 3.2.5. Component 5 (Micro-finance for Housing improvement) .............................. 34 3.2.6. Component 6 TA and institutional strengthen, capacity building to PMU .... 34 4 TECHNICAL AND LOCATION OPTIONS ................................................. 38 4.1. Component 1....................................................... 38 Prepared by Martin Associates P/L (Australia) in association with Duong Thanh Water and Environment Ltd (Vietnam) Page 1 Vietnam Urban Upgrading Project Resettlement Action Plan Ho Chi Minh City 4.2. Components 2 Trunk Infrastructure ......................................................... 38 4.3. For Component 3 Resettlement Site ........................................................ 38 5 SOCIO-ECONOMIC CONDITIONS IN TAN HOA - LO GOM BASIN.. 40 5.1. Population ......................................................... 40 5.2. Land Use and Development Characteristics ................................................... 40 5.3. Socio - Economic Survey ......................................................... 45 5.3.1. Servey Description ......................................................... 45 5.3.2. Servey Methodlogy ........................................................ 46 5.3.3. Servey Results ......................................................... 46 6 PROJECT IMPACTS AND RESETTLEMENT REQUIRED .................... 53 6.1. For component 1 (Tertiary infrastructure) ...................................................... 53 6.2. For Component 3 (Secondary and Tertiary Drainage) .................................... 54 6.3. Phase 1 Resettlement Strategy ........................................................ 55 6.3.1. Details of the Proposed Phase 1 Resettlement Strategy ................................. 56 6.3.2. Options for Compensation and Resettlement for Fully Affected PAH's Introduction ......................................... 58 6.3.3. Affordability ......................................... 59 7 INCOME RESTORATION AND ASSISTANCE ....... ........... 64 7.1. Purpose and Approach ......................................... 64 7.2. Proposed Social Mitigation Program ......................................... 66 8 CONSULTATION AND PARTICIPATION ......................................... 69 8.1. Procedure ......................................... 69 8.2 Example of Community Upgrading Plan in LIA 06.06 .................................. 69 8.3 Public Disclosure of the RAP ......................................... 74 8.4 Consultation on the project draft social safeguard policy frameworks ........... 74 9 INSTITUTIONAL ARRANGEMENTS .................................................... 75 9.1. Institutional Framework .................................................... 75 9.2. Roles and Responsibilities - City Level .................................................... 75 9.3. Roles and Responsibilities - District Level .................................................... 80 9.4. Other Agencies .................................................... 82 9.5. Finalization of this RAP ............................ 82 10 COMPLAINTS AND GRIEVANCES ............................ 83 10.1. First step: ............................ 83 10.2. Second step :............................ 83 10.3. Third step: ............................ 83 10.4. Fourth step: ............................ 83 11 SUPERVISION, MONITORING AND EVALUATION .............................. 84 11.1. Supervision and Internal Monitoring .............................. 84 11.2. External Monitoring and Evaluation .............................. 85 12 IMPLEMENTATION SCHEDULE .............................. 87 13 ENVIRONMENTAL MANAGEMENT .............................. 90 Prepared by Martin Associates PIL (Australia) in association with Duong Thanh Water and Environment Ltd (Vietnam) Page 2 Vietnam Urban Upgrading Project Resettlement Action Plan Ho Chi Minh City 14 COSTS AND BUDGETS .............................................. 91 14.1. Expected land Values to estimate compensation costs ....................... ............ 91 14.2. Housing construction Costs to estimate compensation costs .......................... 95 14.3. Compensation Payments .............................................. 95 14.4. Cost Estimate .............................................. 100 Prepared by Martin Associates P/L (Australia) in association with Duong Thanh Water and Environment Ltd (Vietnam) Page 3 Vietnam Urban Upgrading Project Resettlement Action Plan Ho Chi Minh City LIST OF ANNEXES Annex 1: Entitlement Matrix Annex 2: Summary Of Differences Between World Bank And Government Of Vietnam Annex 3: Vietnamese Classes Of Housing Structures LIST OF FIGURES Figure 1-1: Study Area Tan Ho -Lo Gom Basin Figure 1-2: Project Impacts Figure 1-3: Project Benefits Figure 3-1: Component 1 Tertiary Infrastructure Figure 3-2: Component 2 Trunk Infrastructure Figure 3-3: Component 3 Resettlement Site Figure 3-4: Photos Component 1 and 3 Figure 3-5: Photos Component 3 Resettlement Site Figure 9-1: Administrative Structure for RAP Implementation Figure 12-1: Implementation Schedule Prepared by Martin Associates P/L (Australia) in association with Duong Thanh Water and Environment Ltd (Vietnam) Page 4 Vietnam Urban Upgrading Project Resettlement Action Plan Ho Chi Minh City ABBREVIATIONS Terminology GDP Gross Domestic Product Ha Hectare Km Kilometer kM2 Area, square kilometers LURC Land Use Rights Certificate M Meter Mon. Month MOP Manual of Practice O&M Operation and Maintenance PAF Project Affected Family PAH Project Affected Household PAP Project-affected Person Pers. Persons RAP Resettlement Action Plan SOE State-Owned Enterprise US$, USD United States Dollar VND Vietnamese Dong Organizations
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