Decision No. 16/2002/QD-TTg Approves the Framework for Compensation, Resettlement, and Support Policies for Persons Affected by the Project and the Ethnic Minority Action Plan of the "Community-Based Rural Infrastructure" Project

Pursuant to …;

Approving the Compensation, Resettlement, and Support Policy Framework for Persons Affected by the Project and the Ethnic Minority Action Plan of the Community-Based Rural Infrastructure Project Considering the proposal of the Minister of Planning and Investment (Letter No. 8697/BKH-ĐP dated December 21, 2001) and the opinions of the Ministry of Finance, the Committee for Ethnic Minorities and Mountainous Areas, and the Land Administration General Department,Approves the Compensation, Resettlement, and Support Policy Framework for Persons Affected by the Project and the Ethnic Minority Action Plan of the Community-Based Rural Infrastructure Project financed by the World Bank.

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PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

The Compensation, Resettlement, and Support Policy Framework for persons affected by the project is as follows:

DECISION:

Article 1. 1. Compensation for the value of land use, crops, housing, and other structures shall be based on replacement cost without depreciation or liquidation value according to the Development Credit Agreement reached between the Government of Vietnam and the World Bank for persons affected by the Community-Based Rural Infrastructure Project (the replacement cost of land is understood as the compensation price for land damage as stipulated by the People's Committees of provinces and centrally-administered cities, consistent with the actual land transfer prices in accordance with current laws on land).

2. In cases where persons affected by the project do not have valid land use rights documents but the land they are using is not disputed and confirmed by the People's Commune Council, they will be compensated and supported for the value of land use rights and the value of assets damaged on the land.

1. The Ministry of Planning and Investment is tasked with approving the List of Persons Affected by the Project and the Resettlement Action Plan of the project in accordance with the policy framework set forth in Article 1 of this Decision, serving as the basis for implementation by provinces within the scope of the project.

2. The Chairpersons of the People's Committees of the provinces of Thanh Hoa, Nghe An, Ha Tinh, Thua Thien-Hue, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, Binh Thuan, Lam Dong, and Binh Phuoc are responsible for implementing the List of Persons Affected by the Project and the Resettlement Action Plan of the project approved by the Ministry of Planning and Investment.

Article 2. Implementation organization:

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Heads of relevant sectors, and Chairpersons of the People's Committees of the 13 provinces within the scope of the project are responsible for enforcing this Decision.

2. Direct the Chairpersons of the People's Committees of the provinces: Thanh Hoa, Nghe An, Ha Tinh, Thua Thien - Hue, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, Binh Thuan, Lam Dong, and Bin Phuoc to implement on the basis of the List of Persons Affected by the Project and the Resettlement Action Plan of the Project approved by the Ministry of Planning and Investment.

Article 3. This Decision shall take effect from the date of signing.

The Ministers, Heads of ministerial-level agencies, government-affiliated agencies, relevant sectors, and the Chairpersons of the People's Committees of the 13 provinces within the scope of the Project are responsible for implementing this Decision.