Core Principle 4: Land acquisition, displacement and loss of access to resources is avoided or minimized; and affected people are assisted in improving, or at least restoring, their livelihoods and living standards Key Elements System Requirements Key Findings Recommendations 4.1 or minimize No specific article addressing this issue. Minimization of land land acquisition and acquisition is not conducted National regulations and policies require strict related adverse impacts; in a systematic manner control over acquiring agricultural land during project preparation, (art. 9, resolution 57/2006/QH11 and decision but mostly done on an ad hoc No. 391/QD-TTg dated on April 18, 2008; and basis, often when difficulties article 9, decree 69/2009/ND-CP). appear. 4.2 Identify and address Socio-economic impacts of a given program The compensation price is all economic and social could be identified through the procedures and not the replacement cost. The impacts caused by land guidelines described in article 30 in decree 69 price paid for land acquisition or loss of dated on August 13th 2009. This article laid out compensation is usually access to natural very detailed contents for the compensation and determined by the Provincial resources, including resettlement plan (including inventory of losses, People’s Committee on an those affecting people compensation, resettlement, relocation of public annual basis. who may lack full legal infrastructures, information disclosure and Entitlement and rights to assets or finalization of such plan). compensation depend on the resources they use or magnitude of the impact, occupy; legality of affected land, structure quality and land use (article 38, 2003 Land Law). 4.3 Provide prior Land for land compensation is a priority. If land National law provides for compensation sufficient is not available, the cash compensation rate must compensation rates to reflect to purchase replacement reflect market value. Taxes, fees are exempted for market value. However, the assets of equivalent provincial rate announced
Core Principle 4: Land acquisition, displacement and loss of access to resources is avoided or minimized; and affected people are assisted in improving, or at least restoring, their livelihoods and living standards Key Elements System Requirements Key Findings Recommendations 4.1 or minimize land acquisition and related adverse impacts; No specific article addressing this issue. National regulations and policies require strict control over acquiring agricultural land (art. 9, resolution 57/2006/QH11 and decision No. 391/QD-TTg dated on April 18, 2008; and article 9, decree 69/2009/ND-CP). Minimization of land acquisition is not conducted in a systematic manner during project preparation, but mostly done on an ad hoc basis, often when difficulties appear. 4.2 Identify and address all economic and social impacts caused by land acquisition or loss of access to natural resources, including those affecting people who may lack full legal rights to assets or resources they use or occupy; Socio-economic impacts of a given program could be identified through the procedures and guidelines described in article 30 in decree 69 dated on August 13th 2009. This article laid out very detailed contents for the compensation and resettlement plan (including inventory of losses, compensation, resettlement, relocation of public infrastructures, information disclosure and finalization of such plan). The compensation price is not the replacement cost. The price paid for land compensation is usually determined by the Provincial People’s Committee on an annual basis. Entitlement and compensation depend on the magnitude of the impact, legality of affected land, structure quality and land use (article 38, 2003 Land Law). 4.3 Provide prior compensation sufficient to purchase replacement assets of equivalent Land for land compensation is a priority. If land is not available, the cash compensation rate must reflect market value. Taxes, fees are exempted for National law provides for compensation rates to reflect market value. However, the provincial rate announced