value and to meet any people relocated to the sub-project resettlement annually is not always necessary transitional site. reflective of market value expenses, paid prior to creating risks for affected Compensation for structures is equal to the taking of land or people. newly-built structure cost. restricting access; At district level the rate used Compensation payment must be done before land is not necessarily the one at clearance. provincial level and there is inconsistency on to whether the used rate is reflective of market value. 4.4 Provide In principle, the 2003 Land Law required that the Supplemental measures are supplemental livelihood resettlement condition of new resettlement provided for livelihood improvement or must be better or at least equal to the original restoration but no monitoring restoration measures if living condition and the resettlement area must be or follow-up actions taken taking of land causes planned as part of the whole provincial plan with after measure delivery. loss of income access to good infrastructure. Income restoration generating opportunity measures must also be provided. (e.g., loss of crop production or employment) 4.5 Restore or replace Article 28.3 (decree 69/2009/ND-CP) provided No significant gaps public infrastructure and that affected technical and social infrastructures community services that will be compensated as built ones in may be adversely accordance with the standard of competent affected. ministries.
value and to meet any necessary transitional expenses, paid prior to taking of land or restricting access; people relocated to the sub-project resettlement site. Compensation for structures is equal to the newly-built structure cost. Compensation payment must be done before land clearance. annually is not always reflective of market value creating risks for affected people. At district level the rate used is not necessarily the one at provincial level and there is inconsistency on to whether the used rate is reflective of market value. 4.4 Provide supplemental livelihood improvement or restoration measures if taking of land causes loss of income generating opportunity (e.g., loss of crop production or employment) In principle, the 2003 Land Law required that the resettlement condition of new resettlement must be better or at least equal to the original living condition and the resettlement area must be planned as part of the whole provincial plan with access to good infrastructure. Income restoration measures must also be provided. Supplemental measures are provided for livelihood restoration but no monitoring or follow-up actions taken after measure delivery. 4.5 Restore or replace public infrastructure and community services that may be adversely affected. Article 28.3 (decree 69/2009/ND-CP) provided that affected technical and social infrastructures will be compensated as built ones in accordance with the standard of competent ministries. No significant gaps
E44630REVISED00Box385240B00PUBLIC0.docx