Compensation, Support and Resettlement Policies in Some Countries

Planning for compensation and resettlement support is considered mandatory by the WB and ADB during the project appraisal process. The level of detail of the plan depends on the number of affected people and the level of impact of the project. The compensation, support and resettlement plan is considered part of a specific development program, providing adequate funding and opportunities for affected households. In addition, measures must be taken to integrate displaced people into the new community. To implement this measure, financial and material resources for migration are always prepared. (Chu Duy Tuyen, 2015).

1.4.2. Compensation, support and resettlement policies in some countries

1.4.2.1. Compensation, support and resettlement policies in China:

Land is under public ownership, so public interest is a prerequisite for the legal application of land acquisition rights. Land acquisition is strictly implemented to avoid abuse of power by local authorities. The scope of land acquired for public interest includes: land for military and defense purposes; state agencies and research institutions; transportation and energy works; public infrastructure; public works and social welfare, national key works, environmental protection and other public interests as prescribed by law.

The land acquisition process consists of four steps: (1) Survey of land acquisition conditions (agricultural population, cultivated land per capita income, total annual output, land area, land type and ownership issues of the affected area); (2) Draft land acquisition plan; (3) Land management agency reports to local authorities, submits land acquisition plan and other documents to higher authorities for inspection and approval; (4). Announcement and publication of the project after the project is approved. The announcement must be made promptly and specifically about the acquisition and compensation plan. Local authorities are responsible for notifying and explaining related issues. After the announcement date, assets in the project area will not be renovated or expanded.

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Only the Government and provincial and municipal authorities have the authority to reclaim land. The management of site clearance is assigned to

The Department of Land Resources Management in localities shall carry out the implementation. The entity receiving the land after being recovered will hire a construction unit to clear the land (usually the units responsible for constructing works on the cleared land).

The principle of compensation when land is recovered is determined to ensure that the person whose land is recovered has a place to live that is equal to or better than the old place of residence. Compensation when land is recovered is not based on market price, but depends on the original purpose of use of the recovered land, specifically: for agricultural land, the calculation of land compensation and resettlement allowance is based on the total value of land output in previous years and then multiplied by a coefficient prescribed by the State. The compensation level is calculated at 6 to 10 times the average annual output value of the three years before recovery. Resettlement allowance is calculated at 4 to 6 times the average annual output value. Compensation for crops and existing works will be decided by local authorities. In case the compensation level is not enough to maintain the original living standard, it can be increased, however, the total compensation level shall not exceed 30 times the average output value of the 3 years before the recovery if the provisions of the law are not enough to maintain the current living standard of the farmer.

For residential land, the compensation amount is determined to include: the cost of rebuilding the house, the difference between rebuilding the new house and the old house; the standard land price and the price subsidy. The cost of rebuilding the new house is determined as the difference between the remaining value of the old house and the cost of rebuilding the new house. The standard land price is decided by the State, based on the land price in the same area. The price subsidy is also determined by the government. This compensation amount is calculated by square meter, added together and multiplied by the construction area of the house. In case the State has resettlement houses, the compensated person will be allocated a house with an area equivalent to the amount of compensation they have received.

China has had certain successes in compensation, support and resettlement because, firstly, it has established very detailed and binding policies and procedures for resettlement activities, ensuring the goal of creating development opportunities for people.

resettled people, creating productive resources for resettled people. Second, the institutional capacity of local governments is quite strong. Provincial governments are fully responsible for implementing the resettlement compensation and support program. Third, collective land ownership makes the implementation of resettlement compensation and support more convenient, especially in rural areas. Compensation for lost land is not paid to individual households but is used by the community to find and develop new land or buy from local communities or develop infrastructure. Village and commune governments are responsible for distributing it to affected households. (Phuong Thao, 2013).

1.4.2.2. Korean compensation, support and resettlement policy

Although land is privately owned, in many cases the State has the right to reclaim land from the people. These cases include: land reclamation for national defense and security purposes; railway, road, airport, hydroelectric dam, irrigation projects; projects to build headquarters of state agencies, power plants, research institutes; projects to build schools, libraries, museums; projects to build houses, build infrastructure in new urban areas, residential areas for lease or transfer.

Compensation when the State acquires land is carried out by consultation and enforcement. The consultation method is carried out through the public authorities reaching an agreement with the person whose land is acquired on the compensation plan and method. In case the consultation fails, the State must use enforcement. According to statistics from the Korean Land Policy Agency, in Korea, 85% of all cases of State land acquisition are carried out by consultation; only 15% of land acquisition cases must use enforcement.

The National Housing Organization (a social organization that guarantees the responsibility for providing housing in urban areas, acting as an independent investor) is allowed to reclaim land according to planning to carry out housing construction projects.

The State shall compensate when reclaiming land on the basis of the following principles: First, compensation shall be carried out by the project owner. Second, the investor must fully compensate the landowner and related individuals before proceeding with the construction of the project.

public works. Third, compensation for landowners must be in cash, then in land or social housing. Fourth, compensation must be applied to individuals.

The State shall compensate when reclaiming land on the basis of the following principles: First, compensation shall be carried out by the project owner. Second, the investor shall fully compensate the landowner and related individuals before proceeding with the construction of public works. Third, compensation shall be made to the landowner in cash, and then in land or social housing. Fourth, compensation shall be made to each individual.

Regarding the time of determining compensation price, in case of land acquisition through consultation, the time of determining compensation price is the time when the parties reach an agreement on the compensation plan. In case of land acquisition through enforcement, the time of determining compensation price is the time when the competent state agency issues the enforcement decision.

The determination of compensation price is not carried out by the project owner but is assigned to at least two independent valuation agencies (operating in the form of enterprises or joint stock companies). In case the landowner requests to re-determine the compensation price, the project owner shall select a third land valuation consultancy organization. If the highest and lowest valuation values differ by 10% or more, another valuation expert must continue the valuation, and from there, the compensation level will be recalculated. The land price selected as the basis for determining compensation is the average price of the valuation results of two or three independent land valuation consultancy agencies hired by the project owner to conduct the valuation.

For agricultural land, if it is recovered before the crop is harvested, the value of the crop will be compensated. The compensation is calculated based on the actual crop grown at the time the project is announced and is sufficient to support farmers to restore their production. The compensation is calculated at 2 times the total annual income from agricultural production. (Phuong Thao, 2013)

1.4.2.3. Singapore's compensation, support and resettlement policy

There are many different forms of land ownership (state ownership, private ownership), but land acquisition is only carried out for public purposes such as: infrastructure development; construction of social welfare works; urban beautification...

The State takes over the land and then allocates or leases it to companies and investors. Land acquisition must be approved by the Government and members of the Government Cabinet, after discussion and consultation with the community.

The compensation for damages when land is recovered is determined based on the actual value of the owner's real estate; reasonable costs of dismantling, moving, and purchasing materials to build a new house, etc. In case the person whose land is recovered does not agree with the compensation plan determined by the State, they have the right to hire a private valuation organization to re-evaluate the damage costs. The State will pay for this re-evaluation.

The compensation price in Singapore is determined based on the value of the real estate invested by the person whose land is recovered, not based on the actual value of the real estate. The increased value due to the State's infrastructure investment is separated from the compensation value of the real estate. This means that the State does not compensate according to the current real estate price but compensates at a lower price due to the deduction of the increased real estate value due to the State's infrastructure investment.

The State pays compensation for land acquisition in two installments: in the first installment, the State pays 20% of the total compensation value when the homeowner demolishes the house. In the second installment, the remaining amount will be paid when the person whose land is acquired completes the relocation. (Phuong Thao, 2013).

1.4.3. Some lessons on land acquisition, compensation, support, and resettlement from some countries and international organizations

Firstly, when there is a plan to reclaim land, it is necessary to notify the subjects whose land is to be reclaimed in advance so that they can plan to stabilize their lives both mentally and materially.

Second, build a legal corridor as well as promote and promote exemplary pioneering role in land requisition by the State.

Third, all economic and social issues arising from land acquisition must be addressed. The need for resettlement or damage to land and structures must be avoided or minimized by exploring all other feasible options.

Fourth, pay special attention to the issue of resettlement to ensure that people whose land is recovered have a better life than before it was recovered. Create a production environment as well as maintain and ensure the best cultural, social and living environment for people whose land is recovered and must move to a new community.

Fifth, implement compensation and support for land and assets equivalent to replacement cost.

Sixth, continue to improve the legal framework for land management and use nationwide so that compensation and support work can be carried out quickly, avoiding the situation where compensation for site clearance is carried out while also performing the work of regular land management, which is to determine the origin and legality of the land plot, re-establish boundaries, re-determine the area, and re-collect the records of the land plot.

1.5. Compensation policy when the State acquires land in Vietnam

1.5.1. Overview of the practice of compensation, support and resettlement when the State acquires land in some localities

1.5.1.1. Compensation, support, resettlement in Hanoi city

Compensation and site clearance work in Hanoi in recent years has been carried out in accordance with Decision No. 27/2013/QD-UBND of the Hanoi People's Committee on detailed regulations on determining residential land prices and resettlement housing prices as a basis for compensation, support and resettlement when the State acquires land in Hanoi, Resolution No. 09/2013/NQ-HDND of the Hanoi People's Council on measures to ensure timely and on-schedule land acquisition and site clearance for important investment projects in the capital (According to regulations in Clause 2, Article 15 of the Law on the Capital); Decision No. 02/2013/QD-UB dated January 7, 2013 on amending and supplementing a number of Articles of the Regulation issued together with Decision No. 108/2009/QD-UBND dated September 29, 2009 of the City People's Committee on

Compensation, support and resettlement when the State acquires land in Hanoi City.

In recent years, the City has resolved many complicated and long-standing projects: the clearance of Thanh Nhan "slum", Thuoc Tho pond, Voi Phuc - Cau Giay intersection, Nga Tu Vong intersection, Yen So regulating lake, Nam Son landfill, Kim No golf course, 220 kV Van Tri - Chem line , Ring Road 1 project, O Cho Dua - Hoang Cau section... The results of the City's compensation, resettlement support and site clearance work have significantly contributed to creating an attractive environment for investors, promoting the development of economic sectors; helping to implement many large projects of the country and the City in the area, contributing significantly to the comprehensive development achievements of the City. Thanks to that, the City has attracted a lot of foreign direct investment (FDI), development assistance (ODA), and investment capital from non-governmental organizations (NGOs) of over 3 billion USD. Hanoi has become an attractive and safe destination for international investors and tourists. The urban infrastructure system has developed in a synchronous and modern direction, with many important routes and intersections completed. It has created jobs for an average of 70,000 workers each year.

The main problems in the City's land acquisition and compensation work in recent times are the lack of democracy and transparency in compensation work, causing frustration among people whose land has been acquired; many projects after land acquisition and compensation have been implemented slowly, leaving them fallow for a long time, causing waste and frustration among the people; the quality of resettlement houses is not guaranteed, also causing difficulties for land acquisition and compensation work. In addition, the training and job transfer policies are still not consistent, not meeting the urgent demand for job creation for people who have lost their land and means of production... and this is also the reason affecting the progress of land acquisition and compensation.

Land prices used as the basis for compensation, support and resettlement are mostly implemented according to the land price list announced by the city, so they are lower than the market price. Meanwhile, the authorities of some wards and communes have not paid due attention to site clearance and resettlement; support and job creation for people after their land is recovered,

The implementation of the policy is not resolute. In addition, some people deliberately cause difficulties, make unreasonable demands, and hinder the progress of the project. Therefore, it is necessary to focus on publicity and transparency in land acquisition and site clearance, especially in determining land prices as a basis for compensation, support and resettlement. The compensation level must ensure that people whose land is acquired have the conditions to rebuild their assets in a new place of residence equal to or better than their old place of residence. In addition, the city needs to conduct compensation, support and resettlement in cash close to market prices so that people can proactively choose the appropriate form of resettlement (Dao Chung Chinh, 2013).

1.5.1.2. Compensation, support, resettlement in Da Nang city

For Da Nang city, every year there are also Decisions on compensation, support and resettlement policies when the State reclaims land for people, such as: Decision No. 209/2004/QD-UB dated December 28, 2004 of the People's Committee of Da Nang city promulgating Temporary regulations on compensation, support and resettlement when the State reclaims land in Da Nang city; Decision No. 181/2005/QD-UB dated December 28, 2005 of the People's Committee of Da Nang city promulgating Regulations on compensation, support and resettlement when the State reclaims land in Da Nang city (replacing Decision No. 209/2004/QD-UB); Decision No. 108/2006/QD-UBND dated December 20, 2006 of the People's Committee of Da Nang City promulgating Regulations on compensation, support and resettlement when the State reclaims land in Da Nang City (replacing Decision No. 181/2005/QD-UBND); Decision No. 71/2007/QD-UBND dated December 20, 2007 of the People's Committee of Da Nang City promulgating Regulations on compensation, support and resettlement when the State reclaims land in Da Nang City (replacing 108/2006/QD-UBND).

In addition, to effectively implement compensation, support and resettlement, the City has also had specific applications suitable to the actual land use situation in the locality, the living habits of people in each region to meet the needs and aspirations of the people when their land is recovered and always encourage and motivate people whose land is recovered to quickly carry out clearance and hand over the site on schedule. Often support for households that hand over the site early and on schedule. For people engaged in agricultural production

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