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Resettlement and Ethnic Minority Development Plan

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Resettlement and Ethnic Minority Development Plan RESETTLEMENT AND ETHNIC MINORITY DEVELOPMENT PLAN Resettlement Plan Document Stage: Final May 2017 PPTA 8671–VIE: SECONDARY CITIES DEVELOPMENT PROJECT (GREEN CITY) Subproject in Ha Giang City Secondary City Development Project II (Green City) Draft Resettlement & Ethnic Development Plan for Ha Giang City CURRENCY EQUIVALENTS (As of 27 March 2017,) Currency unit – Vietnam Dong VND 1.00 = $ 22,300 $1.00 = VND 0.000045 ABBREVIATIONS ADB - Asian Development Bank AH - Affected Household AP - Affected Person CLFD - Center for Land Fund & Development CPC - City Peoples’ Committee CMG - Community Monitoring Group DMS - Detailed Measurement Survey GAP - Gender Action Plan GCAP - Green City Action Plan EMC - External Monitor consultant FS - Feasibility Study GOV - Government of Vietnam HGCPPC - Ha Giang Provincial People’s Committee IOL - Inventory of Losses MOLISA - Ministry of Labor, Invalids and Social Assistance NUP - National Urban Plan PIB - Public Information Booklet PMU - Project Management Unit RC - Resettlement Committee REMDP - Resettlement & Ethnic Minority Development Plan RCS - Replacement Cost Survey RF - Resettlement Framework RP - Resettlement Plan SES - Socio-economic Survey VND - Vietnamese dong WPC - Ward People’s Committee ii Secondary City Development Project II (Green City) Draft Resettlement & Ethnic Development Plan for Ha Giang City DEFINITION OF TERMS Compensation – This is payment given in cash or in kind to affected persons (APs) at replacement cost or at current market value for assets and income sources acquired or adversely affected by the project. Cut-off date – Is the date when the Ha Giang City’s People’s Committee and the Project Management Unit (PMU) officially inform the public about the Project and its locations. Anyone who occupies or encroaches into the defined boundaries of the Project area after this date is not entitled to compensation and other assistance for affected assets and incomes. Detailed Measurement – With the use of approved detailed engineering drawings, this Survey (DMS) activity involves the finalization and/or validation of the results of the IOL, severity of impacts, and list of APs done during the preparation of this resettlement plan (RP). Affected person (AP) – Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (e.g., residential, commercial, agricultural, and/or grazing land), water resources or any other fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without physical displacement. Entitlements – Refers to a range of measures, such as compensation in cash or in kind, income restoration support, transfer assistance, relocation support, etc., which are provided to the APs depending on the type and severity of their losses to restore their economic and social base. _ Ethnic Minority People with a group status having a social or cultural identity distinct from that of the dominant or mainstream society _ Host community Community residing in or near the area to which affected people are to be relocated. Land acquisition – Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. Relocation – This is the physical displacement of an AP from his/her pre- project place of residence and/or business. iii Secondary City Development Project II (Green City) Draft Resettlement & Ethnic Development Plan for Ha Giang City Replacement cost – Means the amount in cash or in kind needed to replace an asset in its existing condition, without deduction of transaction costs or depreciation and salvageable materials, at prevailing current market value at the time of compensation payment. Replacement Cost – This refers to the process involved in determining replacement Study costs of affected assets based on empirical data. Resettlement and – A plan for resettlement of an ethnic minority population, Ethnic combining the resettlement plan with specific ethnic minority Minorities Development concerns and cultural sensitivity for the specific needs of the Plan (REMDP) ethnic minority groups. Severely affected – This refers to AHs who that “are (i) physically displaced from Households their residences and have to relocate or (ii) losing from 10% or more of their income generating/productive. assets Vulnerable groups – These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized due to the project and specifically include: (i) female-headed households with dependents, (ii) household heads with disabilities, (iii) households falling under the generally accepted indicator for poverty, (iv) elderly households who are landless and with no other means of support, (v) landless households, (vi) ethnic minorities. iv TABLE OF CONTENTS Page EXECUTIVE SUMMARY ............................................ Error! Bookmark not defined. A. Introduction ........................................................................................... x B. Measures to Minimize Adverse Social Impacts ..................................... x C. Scope of Land Acquisition and Resettlement impacts .......................... x D. Legal and Policy Framework ................................................................ xi E. Participation, Disclosure and Grievance Redress ................................ xi F. Vulnerability, and gender issues .......................................................... xi G. Implementation Arrangements ............................................................. xi H. Monitoring ............................................................................................xii I. Resettlement Budget and Indicative Schedule of Resettlement Plan Implementation ………………………………………………………………………………………xii I. PROJECT DESCRIPTION ...................................................................................... 1 A. Project Background .............................................................................. 1 1. Ha Giang City Subproject’s Components. ............................................. 1 B. Measures Adopted to Minimize Adverse Social Impacts ...................... 3 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ............................... 4 A. Methodology Used In Determining Project Impacts .............................. 4 B. Land Acquisition and Resettlement Impacts ......................................... 4 1. Households affected ............................................................................. 5 2. Land Acquisition ................................................................................... 5 3. Affected Houses ................................................................................... 7 4. Affected Secondary Structures ............................................................. 7 5. Affected Crops and Trees ..................................................................... 8 6. Affected Business ................................................................................. 8 7. Land Tenure ......................................................................................... 8 8. Impacts on Indigenous People .............................................................. 9 9. Vulnerable HH ...................................................................................... 9 10. Other impacts ..................................................................................... 10 III. SOCIO-ECONOMIC INFORMATION AND PROFILE ...................................... 10 A. Introduction ......................................................................................... 10 B. Socio-Economic Information on Ha Giang City ................................... 10 C. Socio-Economic Information on Affected Households ........................ 16 IV. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION.. 23 Information Disclosure and Consultations during RP preparation ....... 23 Consultation with Ethnic Minorities ..................................................... 25 Participatory activities in REMDP Updating and Implementation ........ 25 Disclosure of the Resettlement Plan ................................................... 26 Secondary City Development Project II (Green City) Draft Resettlement & Ethnic Development Plan for Ha Giang City V. GRIEVANCE REDRESS MECHANISM .............................................................. 26 A. RESPONSIBILITY .............................................................................. 26 B. COMPLAINT PROCEDURES ............................................................. 26 VI. LEGAL AND POLICY FRAMEWORK .................................................................. 29 A. Relevant Laws and Regulations of Vietnam ....................................... 29 1. National Legal and Policy Framework for Resettlement ..................... 29 2. National Legal and Policy Framework for Ethnic Minorities ................ 31 B. ADB Policies ....................................................................................... 34 1. ADB Safeguard Policy Statement
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