section#c, pp 10-15

Period 1: Construction of the relocation area. Implementation time 2011 – 2015

Two high-rise apartment modules are expected to be built first at the inner side to ready the first relocation of the households right from the project area, in order to initialize the site clearing process for the culture park along the canal. Remaining modules will be built later for the next relocation for other projects belonging to District 8

Period 2: Construction of the park and housing complex. Implementation time 2011 – 2016. Specifically:

  • The culture park proper: 2011-2016. Commencement expected by 2011, with the construction of the infrastructure, related works.  Completion by 2016
  • The housing complex: 2011-2016. Construction of the first housing modules expected by late 2011.Other commercial service modules by 2012. Completion by 2015

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PROJECT LOCATION
LAND
CLEARING SCHEME

I. PROJECT LOCATION
The project location of sport, entertainment and culture park cum service-commercial centre and apartment houses” is planned to sit on the north of Ta Quang Buu street, Ward 4 District 8, Ho Chi minh city (also known as Dong Dieu).
The project area has the following four main neighborhoods:

  • Arroyo Ong Nho to the north
  • Ta Quang Buu street to the south
  • Arroyo Ong Nho to the east
  • Cao Lo street to the west

The project location is near to the bridges Chanh Hung, Nguyen Tri Phuong, Nguyen Van Cu, the Y bridge, Phu My Hung urban area, and Nguyen Van Linh avenue. From this area, residents can readily access the city centre, other districts and the southern provinces.

clip_image002

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III. NATURAL ENVIRONMENT

1. Climate: the area has its Ho Chi Minh City near-equator tropical climate, with two distinct seasons of the year:

  • Dry season: from November to April
  • Rainy season: from May to October
  • Average temperature around the year: 27oC, with a fluctuation of 14oC
  • Mean rainfall: 1971 mm/year
  • Average number of wet days: 154 day/ year
  • Average relative humidity: 52%
  • Main wind: southwest – northwest
  • Average wind velocity: 3.0 – 3.75 m/sec

2. Topography – Geology

a. Topography:

the area is a relatively level terrain, with a number of pools, and belongs to a low weak, ground base of the city.

b. Geology:

Local geologic structure consists of layers of relatively weak load capacity

III. CURRENT STATUS OF LAND USE AND ASSOCIATED INFRASTRUCTURE

1. Current use of ground floor:

The project area has a surface of 15,484 hectares. The current land use is as follows:

  • Existing Dong Dieu entertainment and recreation area of 8 ha, mostly unused land, pools, fishing ponds and some works associated with the restaurant’s entertainment and recreation quarters

image

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  • slum houses over and along the arroyo Ong Nho, cluster north of the project area, taking up nearly 6 hectares. After a surveying trip in January 2010, this expanse has 745 homes, mostly of grade-4 unsecured structure.
  • Traffic ground (under city control): 0.5606 hectare

2. Infrastucture status quo:

a. Traffic:

This location has quite satisfactory traffic setup with 2 axes: Ta Quang Buu and Cao Lo streets, which are 2 main roadways of District 8. These 2 axes provide access to the city centre, and other districts via many bridges such as Nguyen Tri Phuong,  Nguyen Van Cu and the Y bridge. Ta Quang Buu is going to be linked to Nguyen Thi Thap (extended) from District 7. From the project location, via Nguyen Van Linh, travels to southern or eastern provinces can never be more convenient.

b. Power source: the location’s current power system has stable performance and is part of the city’s network

c. Water supply: the whole project area enjoys the direct supply from the city water pipelines

d. Water drainage: the water drainage system in this area is not in its perfect order, at this time mostly into local arroyo Ong Nho, various ponds, ditches, and other waterways. This belongs to a lowland area, and inundation may happen in time of heavy rain.

IV. SCHEME OF CLEARANCE COMPENSATIONS

1. Legal basis:

Decree No 197/2004/NĐ-CP dated 03/12/2004 by the Government regarding the compensation, subsidy in case of relocation due to land revocation by the State, Circular No 116/2004/TT-BTC dated 27/12/2004 and Circular No 69/2006/TT-BTC dated 02/08/2006 by the Ministry of Finance regarding the adjustments and complements to the Circular No 116/2004/TT-BTC of 27/12/2004 of the same Ministry, providing guidelines the implementation of Decree No 197/2004/NĐ-CP dated 03/12/2004 by the Government regarding the compensation, supports in case of relocation due to land revocation by the State.

Decree No 198/2004/NĐ-CP dated 03/12/2004 by the Government regarding the collection of land use fee. Circular No 70/2006/TT-BTC dated 02/08/2006 by the Ministry of Finance providing the guidelines for the implementation of the Decree No 198/2004/NĐ-CP

Decree No 84/2007/NĐ-CP dated 25/05/2007 by the Government regarding complementary regulations on the issuance of certificate of land-use rights, land recovery, implementation of land-use rights,

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preparation and procedures in land compensation, subsidies for relocation in case of land revocation by the State, and arbitration for complaints or litigation on land issues.

Decree No 69/2009/NĐ-CP dated 13/08/2009 by the Government regarding complementary regulations on land use planning, land pricing, land revocation, compensation, supports and relocation and Circular No 14/2009/TT-BTC dated 01/10/2009 by the Ministry of Natural Resources and Environment providing detailed guidelines on compensation, supports, relocation, preparation and procedures of land revocation, land transfer, land lease;

Decision No 35/2010/QĐ.UBND dated 28/05/2010 by the Ho Chi Minh City People’s Committee regarding compensation, supports, and relocation in case of land revocation in Ho Chi Minh City by the State;

Decision No 102/2009/QĐ.UBND dated 24/12/2009 by the Ho Chi Minh City People’s Committee regarding compensation, supports, and relocation in case of State land revocation in Ho Chi Minh City.

Decision No 12/2008/QĐ.UBND dated 20/02/2008 by the Ho Chi Minh City People’s Committee regarding standard tariff on the investment capital for the construction works within Ho Chi Minh City territory

2. Scheme of compensation for site clearance and relocation:

Minh Hang Enterprise Pte and the Department of Natural Resources and Environment of District 8 have conducted a survey to measure and investigate the actual conditions of the site, which was scheduled to be cleared by January 2010

The data collected on the revoked land, existing architectural area requiring compensation and supports, number of households, number of members, etc.. are as follows:

a. Area of different categories of land subject to revocation

Total surface area: 154,840 sq. metres

in which:

Land area having been compensated: 80,810 sq. metres

(including Dong Dieu Entertainment, a number of households who had to pay land-use fee as they were using public land funds … for details, see the following list)

Area to be compensated to the people

65,326 sq.m

+ Cao Lo street area

19,250 sq. m

      residential land, self-occupied  land, cultural land

15,077 sq.m

      non-cultural (Quyet Thang Co-operative)

      778 sq.m

      traffic and public land

3,465  sq.m

+ Ta Quang Buu street area

46,076 sq.m

      residential land, self-occupied  land, cultural land

36,800 sq.m

       traffic and public land

9,276  sq.m

b. Area of different architectures and other assets:

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Total area of architectural works to be compensated

36,436 .87 sq.m

+ Cao Lo street area

16,435.22 sq. m

+ Ta Quang Buu street area

20,028.65 sq.m

Other architectural objects: power meter, water gauges, telephones, tombs, fences, etc..

c. Total numbers land users in the area subject to revocation

Total number of houseseholds     

: 745 households

+ Cao Lo street area

: 296 households

+ Ta Quang Buu street area

: 449 households

Number of households with permanent residence

: 328 households

Number of households without permanent residence

: 307 households

Number of people with permanent residence

: 1,382 person

Number of people without permanent residence

: 1,470 person

Land users in the area are mostly assignments by hand-written papers over agricultural land, or self-occupied land after 1993 or 1994 (majority)

07 households having  certificate of land-use rights and house title-deeds (pink book)

17 households having  certificate of land-use rights (red book)

100 households being land-user before 1993 or wild land exploiter before 1975 

d. Estimate of compensation, supports amount

Investment owner will implement the compensation for site clearance according prevailing regulations as stipulated by law. The amount of site clearance compensation is expected to cover the following costs:

– Compensation, supports for land loss

– Compensation for home construction value and architectural objects

– Compensation for crops, domestic animals, trees, tombs

– Other subsidy, supports to assist relocation

– Cost of  rebuilding relocation home

– Compensation rate, supports over land revocation are anticipated as follows: 

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