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Download 293.16 KB Resettlement Planning Document Resettlement Plan Document Stage: Final Project Number: P40019 May 2008 VIE: HEALTH CARE IN THE SOUTH CENTRAL COAST REGION PROJECT Prepared by Ministry of Health, Viet Nam The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. The Socialist Republic of Viet Nam Viet Nam: Health Care in the South Central Coast Region Project Resettlement Plan April 2008 TABLE OF CONTENTS EXECUTIVE SUMMARY .........................................................................................................................................6 I. INTRODUCTION...............................................................................................................................................8 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS...................................................8 A. SUMMARY SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS........................................................8 B. DA NANG SUBPROJECT ..................................................................................................................................10 B. QUANG NAM SUBPROJECT .............................................................................................................................11 C. QUANG NGAI SUBPROJECT.............................................................................................................................11 D. BINH DINH SUBPROJECT....................................................................................................................................12 E. PHU YEN SUBPROJECT.......................................................................................................................................13 F. KHANH HOA SUBPROJECT .................................................................................................................................14 G. NINH THUAN SUBPROJECT ................................................................................................................................14 H. BINH THUAN SUBPROJECT ................................................................................................................................14 III. SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS...............................................................15 IV. PROJECT OBJECTIVES, POLICIES, AND PRINCIPLES .................................................................19 A. RELEVANT VIETNAMESE LEGISLATION..........................................................................................................19 B. ADB’S POLICIES ............................................................................................................................................20 C. RECONCILIATION OF GOVERNMENT AND ADB POLICY ON RESETTLEMENT ..................................................21 D. PRINCIPLES OF RESETTLEMENT......................................................................................................................23 V. CUT-OFF DATE OF ELIGIBILITY AND PROJECT ENTITLEMENTS ...............................................25 VI. CONSULTATION AND GRIEVANCE REDRESS MECHANISM......................................................27 A. OBJECTIVES OF PUBLIC INFORMATION AND CONSULTATION .........................................................................27 B. GRIEVANCE REDRESS PROCEDURES...............................................................................................................28 VII. RELOCATION, COMPENSATION AND INCOME RESTORATION ...............................................29 A. RELOCATION OPTIONS ...................................................................................................................................29 B. COMPENSATION AND INCOME RESTORATION.................................................................................................30 VIII. GENDER AND VULNERABILITY..........................................................................................................30 IX. INSTITUTIONAL ARRANGEMENTS....................................................................................................31 X. RESETTLEMENT BUDGET AND FINANCING .......................................................................................32 VIII. IMPLEMENTATION SCHEDULE..........................................................................................................33 IX. MONITORING AND EVALUATION......................................................................................................34 Attachments: 1. Attachment 1 – Inventory of Losses 2. Attachment 2 – RP Cost Estimates by Subproject 3. Attachment 3 – Sample of Public Information Booklet (Hoa Vang Subproject) 2 ABBREVIATIONS ADB : Asian Development Bank AP : Affected Person CPC : Commune People’s Committee DPC : District People’s Committee DMS : Detailed Measurement Survey DRC : District Resettlement Committee GOV : Government of Viet Nam HH : Household IOL : Inventory of Losses LURC : Land Use Right Certificate MOH : Ministry of Health NGO : Non-Government Organization PIB : Project Information Booklet PDOH : Provincial Department of Health PPC : Provincial People’s Committee PRC : Provincial Resettlement Committee RP : Resettlement Plan RC : Resettlement Committee RCS : Replacement Cost Survey SES : Socio-economic Survey VND : Vietnam Dong 3 GLOSSARY Affected person - means any person or persons, household, firm, private or public institution (AP) 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 (including residential, commercial, agricultural, forest, salt mining and/or grazing land), water resources or any other moveable or 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 displacement. Affected In the case of a household, the term “affected households” includes all - households members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. Compensation - means payment in cash or in kind to replace losses of land, housing, income and other assets caused by the Project. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs. Cut-off date - means the date prior to which the occupation or use of the Project area makes residents/users eligible to be categorized as affected persons. The cut-off date coincides with the date of completion of the DMS within the Project area boundaries. Persons not covered in the DMS, because they were not residing, having assets, or deriving an income from the Project area, are not eligible for compensation and other entitlements. Affected people and local communities will be informed of the cut-off date for the Project. Entitlement - means a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, and relocation support which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Host - means the community already in residence at, or occupying or using, a community proposed resettlement or relocation site. Land - means the process whereby an individual, household, firm or private institution acquisition 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 equivalent to the replacement costs of affected assets. Rehabilitation - means assistance provided to project affected persons due to the loss of productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life. Relocation - means the physical relocation of an AP from her/his pre-project place of residence. Replacement - This is the amount calculated before displacement which is needed to replace cost an affected asset without deductions for taxes, and/or costs of transaction as follows: (i) Productive land (Agricultural, fishpond, garden, forest) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value; 4 (ii) Residential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes; (iii) Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials; (iv) Standing crops equivalent current market value of the crop at the time of compensation; (v) Perennial crops and trees, cash compensation equivalent to current market value given the type, age and productive value (future production) at the time of compensation. (vi) Timber trees, based on diameter at breast height at current market prices. Resettlement - means all measures taken to mitigate any and all adverse impacts of a project on AP property
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