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Hung Phu Residential Area, Cái Răng, Vietnam


Description

Cái Răng, a peri-urban district of Can Tho City, has been well known for its floating market, which is among the biggest in the Mekong Delta. However, the district is changing rapidly due to urbanization projects, such as through the construction of the Hung Phu Residential Area, causing desperate disputes over land seizes. The Hung Phu Residential Area, supported by local government officials and approved by the Can Tho People Committee in 2002, is a 42ha urban development project, located in Can Tho province, comprised of a school, a mall, a supermarket, residential buildings, and other urban infrastructures [1].

For the construction of the urban precinct, 157 households needed to be relocated to other areas. While most households, persuaded by local officials and incentivized by extra-payments for moving quickly, accepted the compensation, 34 households, occupying 1.2ha, resisted the evictions. In addition to concerns regarding their future livelihoods, they complained that compensation offers (400,000 VND/m2) were inadequate as they were much lower than offers reported from other cases in close-by regions, as well as lower than the regional market land price [1;2;3]. The protesters also perceived the compensation as unfair in comparison to the large benefits generated for the investors, when selling the developed land for several millions VND/m2. Moreover, there was a lack of participation and community consultation in the project development, during which resettlement plans and land prices were imposed on the local villagers [1;2].

People protested against the relocation verbally as well as in form of written complaints to the Ministry of Natural Resources and Environment and other state agencies; however, their complaints were dismissed [1;3]. No court cases were filed, as generally the villagers perceived the court to support the government, rather than the people [1]. Several attempts to settle the conflict with the remaining families followed and consequently some accepted the raised compensations. One family however completely refused to accept, which led to forced evictions, approved on December 16, 2010. The contractor company started construction work, but the family returned desperately to their land, blocking workers from entering the plot. In a suicide attempt, the husband drank pesticides to protest the evictions, but was rescued later on at the local hospital [1;2]. The wife and daughter then occupied the land and stripped naked to raise to attention their case, however, the security guards forcefully evicted them. Consequently, the wife was fined 1,500,000VND (75USD) for violating the countries norms and a small fine of VND 350,000 (approx. 16USD) was imposed on the Western Security Service Company, for their untrained security guards [1;2;4].

The family’s protest actions brought large attention to the case and made it well known across the country as well as internationally through traditional and social media [1;2]. In the following, a Task-Force was set up to settle the conflict and compromise solutions were sought, but no settlement accepted by the family could be achieved. The company, supported by state agencies, continued the construction of the urban complex [1;3].

Basic Data

NameHung Phu Residential Area, Cái Răng, Vietnam
CountryVietnam
ProvinceCan Tho province
SiteCái Răng District, Can Tho City
Accuracy of LocationHIGH local level

Source of Conflict

Type of Conflict (1st level)Infrastructure and Built Environment
Type of Conflict (2nd level)Land acquisition conflicts
Urban development conflicts
Specific CommoditiesLand

Project Details and Actors

Project DetailsThe Hung Phu Residential area, located in Cái Răng – a peri-urban district of Can Tho City, covers 42ha. The project is comprised by a new urban precinct with a school, mall, supermarket, residential building, and other urban infrastructure [1].

The project was approved under Decision 526/QĐ-UBND (2002). Project holder is the No. 8 Construction and Investment JSC (CIC8). The company was established in 1989 by the Ministry of Construction, but became later on (2004) a Joint Stock Company, however, with strong ties to the state [1].

Total investment size is estimated to amount to 1,791 million VDN (approx. 90 million USD) [1]. No information on involved bankers could be found.

157 households are affected by the project [1].

Compensations were regulated and amended through three decisions. Decision 3201/QĐ-UB (October 2002) set compensation for farming land at 44,100 VNĐ /m2; Decision 2967/QĐ-UB increased it to 63,000/m2. Decision QĐ 100/QĐ-CTUB (January 2005) raised the compensation to 400,000 VND per m2 [1].
Project Area (in hectares)42
Level of Investment (in USD)90,000,000
Type of PopulationSemi-urban
Potential Affected Population157 households (approx. 700 - 800 persons)
Start Date2002
Company Names or State EnterprisesNo. 8 Construction and Investment JSC (CIC8) (CIC8) from Vietnam - construction, property development
Western Security Service Company from Vietnam - private security
Relevant government actorsMinistry of Natural Resources and Environment; Government Inspectorate (Thanh tra Chính phủ); Hung Thanh Commune People’s Committee; The People Committee of Cai Rang District
Environmental justice organisations and other supportersno information could be found if/which organizations were supporting the case

The Conflict and the Mobilization

Intensity of Conflict (at highest level)HIGH (widespread, mass mobilization, violence, arrests, etc...)
When did the mobilization beginIn REACTION to the implementation (during construction or operation)
Groups MobilizingFarmers
Neighbours/citizens/communities
Women
Fisher people
Forms of MobilizationBlockades
Boycotts of official procedures/non-participation in official processes
Land occupation
Official complaint letters and petitions
Street protest/marches
Hunger strikes and self immolation
Appeals/recourse to economic valuation of the environment
Refusal of compensation
suicide attempt by one man; his wife and daughter stripped naked to protest

Impacts

Environmental ImpactsVisible: Loss of landscape/aesthetic degradation
Potential: Air pollution, Biodiversity loss (wildlife, agro-diversity), Food insecurity (crop damage), Noise pollution, Waste overflow, Surface water pollution / Decreasing water (physico-chemical, biological) quality, Groundwater pollution or depletion
Health ImpactsVisible: Mental problems including stress, depression and suicide
Potential: Malnutrition, Health problems related to alcoholism, prostitution, Violence related health impacts (homicides, rape, etc..)
Socio-economic ImpactsVisible: Displacement, Increase in violence and crime, Loss of livelihood, Land dispossession, Loss of landscape/sense of place
Potential: Loss of traditional knowledge/practices/cultures, Social problems (alcoholism, prostitution, etc..), Specific impacts on women

Outcome

Project StatusUnder construction
Pathways for conflict outcome / responseCompensation
Criminalization of activists
Migration/displacement
Repression
Violent targeting of activists
Attempt to commit suicide
Do you consider this as a success?No
Why? Explain briefly.The project goes on

Sources and Materials

Legislations

Vietnamese Land Law of 2003 (No. 13/2003/QH11)
http://moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=8269

Vietnamese Land Law of 2013 (Land Law No.45/2013/QH13)
http://www.itpc.gov.vn/investors/how_to_invest/law/Law_on_land/mldocument_view/?set_language=en

Decree No. 22/1998/NĐ-CP (1998) on compensations for damage when the state recovers land for use in purposes of national defense, security, national interests and public interests
http://kenfoxlaw.com/resources/legal-documents/governmental-decrees/2003-vbpl-sp-27381.html

Decree No. 84/2007/ND-CP additionally stipulating the grant of land use right certificates, recovery of land, exercise of land use rights, order and procedures for compensation, support and resettlement upon land recovery by the State, and settlement of land related complaints.
http://faolex.fao.org/cgi-bin/faolex.exe?rec_id=058640&data[email protected]ERALL

References

[1] Australian Aid, The Asia Foundation and T&C Consulting, 2014. Public Land Disputes in Vietnam: A Multi-Actor Analysis of Five Case Studies with an East Asian Comparative. (accessed 15/06/2015)
http://asiafoundation.org/resources/pdfs/Publiclanddisputesreport.pdf

Links

[2] CNN iREPORT posted online (27/05/2012): "Mother and Daughter Strip Themselves Naked in a Last Ditch Effort to Prevent Seizure of Their Land" (accessed 22/06/2015)
http://ireport.cnn.com/docs/DOC-795169

[3] Talk Vietnam online (30/05/2012): "Cai Rang authorities explain protest by naked woman on reclaimed land" (accessed 22/06/2015)
http://www.talkvietnam.com/2012/05/cai-rang-authorities-explain-protest-by-naked-woman-on-reclaimed-land/

[4] Talk Vietnam online (31/05/2012): "Police slap fine on nude land protestor" (accessed 22/06/2015)

Other Documents

naked protests and evictions Source: http://ireport.cnn.com/docs/DOC-795169
https://file.ejatlas.org/docs/khoathangiudatjpg-2110905_p9.jpg

Project Source: http://cic8.com/v3/ctduan.php?p_id=32
https://file.ejatlas.org/docs/e__32Hungphugia-lon.jpg

Project plan Source: http://data.batdongsan.com.vn//Projects/110602/CKE/images/tongthe1.jpg
https://file.ejatlas.org/docs/a__Project_plan.png

Naked protests Source: http://www.talkvietnam.com/2012/05/cai-rang-authorities-explain-protest-by-naked-woman-on-reclaimed-land/
https://file.ejatlas.org/docs/d__security-guards-of-the-company-drag-the-naked-woman-from-the-construction-site-382840-images217132-strip.jpg

Meta Information

ContributorA. Scheidel (ICTA-UAB) / arnim "dot" scheidel "at" gmail "dot" com
Last update25/06/2015

Images

 

Naked protests

Source: http://www.talkvietnam.com/2012/05/cai-rang-authorities-explain-protest-by-naked-woman-on-reclaimed-land/

naked protests and evictions

Source: http://ireport.cnn.com/docs/DOC-795169

Project

Source: http://cic8.com/v3/ctduan.php?p_id=32

Project plan

Source: http://data.batdongsan.com.vn//Projects/110602/CKE/images/tongthe1.jpg