abbreviated resettlement action...

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh province

Abbreviated Resettlement Action Plan

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SOCIALIST REPUBLIC OF VIETNAM

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT =============================================

IRRIGATED AGRICULTURAL IMPROVEMENT PROJECT

(IAIP)

ABBREVIATED RESETTLEMENT ACTION PLAN

SUB PROJECT 1 - HOA BINH PROVINCE

(Draft 2)

Prepared by

IAIPHoa Binh Provincial Project Management Unit

July, 2013

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TABLE OF CONTENTS

ABBREVIATIONS ............................................................................................................................ 4

Definition of terms ............................................................................................................................ 5

EXECUTIVE SUMMARY ................................................................................................................. 7

1. Introduction .................................................................................................................................. 9

1.1. Project and Subproject Background ................................................................................ 9

1.2 Mitigation measures for adverse impacts ....................................................................... 11

1.3. Impacts of the Subproject .............................................................................................. 11

2. Entitlements of the displaced persons ....................................................................................... 13

2.1. The Legal Framework of the Government of Vietnam on Land Acquisition and Resettlement ........................................................................................................................ 14

2.3 Key Differences between the Government and WB’s Policy ......................................... 16

2.4. General Principles .......................................................................................................... 19

2.5. Compensation and eligibility to compensation............................................................... 20

2.6. Entitlement Matrix .......................................................................................................... 20

3 households ...................................................................................................................................... 24

3. Compensation and resettlement strategies ............................................................................... 28

3.1. Procedures for Payment of Compensation and Allowances ......................................... 28

3.2. Income Restoration Strategy ......................................................................................... 28

3.3. Vulnerable Affected Households ................................................................................... 29

3.4. Gender Strategy ............................................................................................................. 29

4. Information disclosure and public consultation .......................................................................... 30

4.1. Information Disclosure and Public Consultation during the RAP Preparation ............... 30

4.2. Information Disclosure and Public Consultation during the RAP Implementation ......... 33

4.3. Grievance Redress Mechanism .................................................................................... 34

5. Implementation arrangements ................................................................................................... 35

5.1 Central level ................................................................................................................. 35

5.2 Provincial level: Hoa Binh Provincial People’s Committee .......................................... 35

5.3 Hoa Binh Provincial Project Management Project (PPMU) ......................................... 36

5.4 District level .................................................................................................................. 36

5.5 Communal level and affected community .................................................................... 36

5.6. Community level ............................................................................................................ 37

6. Monitoring and evaluation ......................................................................................................... 37

6.1. Internal monitoring ......................................................................................................... 37

6.2 External monitoring ...................................................................................................... 37

7. Cost estimate and budget .......................................................................................................... 38

7.1. Budget source for resettlement ...................................................................................... 38

7.2. Compensation at replacement cost ............................................................................... 38

7.3 Resettlement cost ........................................................................................................... 38

8. Implementation plan .................................................................................................................. 40

ANNEX 1. SUMMARY OF CONSULTATION MEETING MINUTE WITH STAKEHOLDERS ...... 42

ANNEX 2. LIST OF PARTICIPANTS IN CONSULTATION .......................................................... 44

ANNEX 3. SOME IMAGES OF THE CONSULTATION ................................................................ 46



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LIST OF TABLES AND FIGURE

Table 1. Comparison between Vietnam compensation, assistance, and resettlement policy and the WB’s Involuntary Resettlement policy and other proposed policies of the Project ................................ 17

Table 2. Entitlement Matrix ..................................................................................................................... 21

Table 3. Summary of consultation results .............................................................................................. 31

Table 4. Cost estimate for compensation, assistance and resettlement................................................ 39

Table 5. Plan for preparation and implementation of the Resettlement Action Plan ............................. 40

Figure 1. Geographical locations of main works of WB7 Project- Hoa Binh .......................................... 10



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ABBREVIATIONS

AH Affected household

AP Affected people

CPC Communal People’s Committee

CPO Central Project Office

DCARB District Compensation and Resettlement Board

DMS Detailed Measurement Survey

DOLISA Department of Labor, Invalids and Social Affairs

DPC District’s People’s Committee

Hhd Household

IMA Independent Monitoring Agency

IOL Inventory of Losses

LURC Land Use Right Certificate

MARD Ministry of Agriculture and Rural Development

MOLISA Ministry of Labor, Invalids and Social Affairs

MONRE Ministry of Natural Resources and Environment

PAH Project Affected Households

Ppl People

PPMU Provincial Project Management Unit

PMU Project Management Unit

RAP Resettlement Action Plan

SES Socio-economic Survey

VND Vietnam Dong

WB World Bank

IAIP Irrigated Agriculture Improvement Project



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Definition of terms

Project Impacts Any impact directly related to land acquisition or legal limits in land use of the selected land area or reserved area. People directly affected by acquisition might lose their house, farming land, business operation opportunity or other livelihood means.

Affected People individuals, organizations or businesses that are directly affected socially and economically by WB-funded projects caused by the involuntary taking of land and other assets that results in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location (those with livelihood impacted permanently or temporarily). In addition, affected person is one for whom involuntary restriction of access to legally designated parks and protected areas that result in adverse impacts on livelihoods also.

Cut-off date Cut-off date is the last day for eligibility or the baseline survey. These who arrive in the area after the survey or cut-off date, wont’ be eligible for compensation or assistance. Affected households will be informed of the cut-off date for each component of the project and anybody residing in the project area after this date will not be compensated or supported

Eligibility Eligible persons are those residing in the area affected by the project, subproject or other components of the subproject and those (i) whose livelihood is adversely affected (ii) with rights, ownerships or announcement of rights on any land area (agriculture land, grazing land, temporary or permanent) or (iii) with productive assets such as those for businesses, jobs, working space, residence or (iv) whose access to assets is adversely affected (for example, fishing).

Replacement Cost Is the method used to identify the price of the assets to help calculate suitable compensation to replace for the lost assets and for transaction fees. For agriculture land, it is the market price before the project implementation or at the time of compensation payment depending which one is higher, of the land that is equally productive or with equal use value in the area near the affected land, in addition to the transaction fee to prepare for land to carry out production of the same value with the affected land, plus any registration fee or tax for transfer. For residential land in the urban area, it is the current market price of land at the time of compensation payment with the same area and land use purpose and infrastructures and services equivalent or better than the old conditions and the land is near the affected land.

For other residential land and structures, it is the market price of materials used for rebuilding replacement house/works with the same or better area and technical standards of the affected house/structure, plus labor fees and registration and tax if applied. During the identification process for replacement cost, assets and materials are not depreciated as well as other benefit values from the project. When the domestic law cannot guarantee the standards for compensation at replacement price, it is necessary to include additional measures to meet the requirements on standards and replacement price. When this price calculation method is applied, depreciation of houses/structures and assets are not applied. For losses that cannot be easily calculated or compensated in cash (for example, access to public services, customers and suppliers; or access to fishing, animal grazing or forestland), it is necessary to generate access to similar natural resources and opportunities to similar income generating activities. These supports are separated



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and it is not the resettlement supports that will be provided.

Resettlement Involuntary Resettlement covers all the direct or indirect losses caused by loss of land / assets restrictions to resources access. Resettlement is s not limit to physical resettlement. Resettlement entitlement might, depending on specific cases, include (a) acquisition of land and structures on land including those for commercial purposes; (b) physical dislocation; and (c) economic rehabilitation for affected households to improve (or at least restore) their livelihood and income level.

Vulnerable group These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) female headed households without support, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty issues by MOLISA, (iv) children and the elderly households with no other means of support, (v) landless households, and (vi) ethnic minorities.



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EXECUTIVE SUMMARY

1. Introduction. Hoa Binh Subproject 01 aims to improve and upgrade 9 turbine pump stations, 01 electric pump station and canal system in 10 communes, namely Mai Hich, Phieng Ve, Xam Khoe, Thanh Hoi, Gio Nhan, Lo Son, Gia Mo, Tan Vinh, Cao Phong and Tan My of districts, such as Luong Son, Lac Son, Tan Lac, Cao Phong, Mai Chau in Hoa Binh province.

This Resettlement Action Plan (RAP) was prepared for the “Irrigated Agricultural Improvement Project (IAIP)”- Hoa Binh Subproject 01 funded by the World Bank. This RAP was built based on the compensation and resettlement policy framework of the WB7 project and the results from socio-economic surveys, inventory of losses and public consultation. This Resettlement Plan also presents the criteria, eligibility for compensation of land and assets affected by the subproject, description of the income restoration program, implementation arrangement, implementation plan, estimated cost, monitoring and assessment, participation in consultation of the community and grievance redress mechanism.

2. Impacts and Scope of Land Acquisition. The Subproject causes impacts on 2 communes of Mai Chau District and 1 commune of Tan Lac District in Hoa Binh Province. A total of 51 households are affected by the improvement and upgrading of 3 turbine pump stations. Lands of 47 households are permanently acquired and 4 households are affected on trees. No household’s houses or structures are affected and no household has to relocate. No household is severely affected due to loss of more than 10% of their productive landholdings. Among the project affected households, 28 households belong to vulnerable group as defined by the Project. Of these, 17 households are ethnic minorities (06 Thai households and 11 Muong households). The Subproject will acquire 594 m2 of land area belonging to 47 households. The Subproject does not impact rice-growing land but does impact 14 china trees and 594 m2 of groundnut.

3. Mitigation measures for impacts caused by land acquisition and compensation. In order to minimize land acquisition impacts, the Design Consultant has conducted consultation with the benefited communities and affected people during the preparation of investment report to ensure that the subproject will cause minimum impacts on land acquisition of the people in the project area.

4. Socio-economic status. The number of beneficiary communes of the subproject is 10. In 3 communes affected by the construction activities of the subproject, agricultural production is the main income source of people. The percentages of poor households and near-poor households of 3 communes vary. While Xam Khoe Commune has a higher poverty rate than the province as a whole, the poverty rate in Thanh Hoi and Pieng Ve communes are much lower. The per capita income of affected households is VND 722,890 per month. The level of education of the household members is mainly secondary school (accounting for around 48%). Among total number of the household members, there are 11% of them graduating from university.

5. Policy framework and entitlement matrix. A resettlement policy framework was prepared for the project. This policy framework was based on the current laws and regulations of the Government of Vietnam as well as involuntary resettlement policy (OP 4.12) of the World Bank. This document will be a guideline for building resettlement plan and implementation of resettlement in the subproject area. The general objective of the Policy framework and this abbreviated resettlement document is to ensure that all the people affected by the subproject receive compensation for their affected assets with replacement price and market price. Support will be provided to severely affected households, relocated households, households losing income sources and vulnerable households so they can restore their income level or living standard to at least pre-project level.



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6. Consultation and community participation. Representative of the affected people participated in the public consultation for information and impacts of the subproject. Responses from the public consultation were taken into consideration and updated in this RAP. There were two community consultations with 75 participants.

7. Implementation arrangement. Resettlement, compensation and support works are managed and monitored internally by District Compensation and Resettlement Board (DCARB), Provincial Project Management Unit (PPMU), and Central Project Office. During the implementation process, there should be close coordination between the implementing agencies such as DCARB, PPMU, local offices, communal staffs, local social organization and people affected by the subproject. An independent monitoring agency will be hired to carry out external monitoring of this RAP to ensure the desirable outcomes.

8. Grievance redress. During the implementation process, any concerns raised or complaints by affected people will be resolved based on the regulated procedure in the resettlement plan of the subproject. Complaints will be resolved directly by the local authority and project staffs in a fair and transparent manner with participation of the external monitoring agency. Those who file for complaints are not subjected to any administrative fees.

9. Monitoring and evaluation. There are two monitoring and evaluation tasks which will be conducted during the subproject implementation. Staffs from Provincial Project Management Unit (PPMU) and CPO will observe and monitor the implementation of RAP and internal monitoring activities. In addition, external monitoring consultants will be recruited to monitor the implementation process and carry out evaluation on the living conditions of the affected people throughout the implementation of resettlement plan and after the resettlement plan implementation is completed.

10. Cost estimate. It is estimated that the total cost for the RAP is 3,197,842,375 VND (three billion, one hundred and ninety-seven million, eight hundred and forty-two thousand, three hundred and seventy-five Vietnam dong), equivalent to about 152,278 USD (one hundred and fifty-two thousand, two hundred and seventy-eight US dollar). This cost comprises of compensation for residential land, agricultural land, crop cultivation lands and support for livelihood restoration, preparation of RAP, such as detailed measurement, administrative management, contingency, and implementation of RAP. This cost will be provided by the project counterpart fund.

11. Implementation plan. Compensation, support and resettlement activities will be carried out during the 18 month period from June 2014 to December 2015 and the DCARBs of Mai Chau and Tan Lac districts are mainly responsible for the implementation.



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1. Introduction

1.1. Project and Subproject Background

1.1.1. Irrigated Agriculture Improvement Project (IAIP)

The Government of Vietnam proposed to the World Bank for a loan to carry out a project called Irrigated Agriculture Improvement (IAIP) to provide support for development of irrigated agriculture in 07 provinces in the Central Coastal and Northern mountainous provinces including PhuTho, Hoa Binh, Ha Giang, Thanh Hoa, Ha Tinh, Quang Nam and Quang Tri. The proposed project consists of the following components (i) Improved Water Management; (ii) Irrigation and Drainage Scheme Level Improvement; (iii) Climate smart agriculture support services; and (iv) National Policy Development, Monitoring and evaluation of the project.

Objectives of the Project

The development objective of the project is to improve the sustainability of irrigated agriculture production systems in the selected provinces of Central coastal and Northern mountainous provinces of Vietnam. The project was proposed in the context of the Government priorities to restructure the agriculture sector, increase the efficiency or public spending increase resilience to climate change and improve the broader framework for sustainable development of water resources. This development objective will be realized through rehabilitation of irrigation and drainage services, provisions of complementary advisory services, and strengthening institutional capacity at provincial, scheme and farm/community levels.

1.1.2. Irrigated Agriculture Improvement –Hoa Binh province

Subproject 01: Improvement and Upgrading of Turbine and Electric Pump Stations

Subproject No. 01: Improvement and upgrading of 10 turbine pump stations and 1 electric pump station together with the irrigation system in 10 communes including Mai Hich, PhiengVe, Xam Khoe, Thanh Hoi, Gio Nhan, Lo Son, Gia Mo, Tan Vinh, Cao Phong Town, and Tan My belonging to 5 districts, namely Luong Son, Lac Son, Tan Lac, Cao Phong and Mai Chau of Hoa Binh Province.

Overall Objectives of Subproject 01

The objectives of the Project will be achieved through the following specific activities: (i) the Project will provide the advisory activities in order to strengthen the institutional capacity at provincial level, scheme and farm/community levels to improve irrigation and drainage services,; (ii) support more flexible and more diverse land use, increase water use efficiency, and minimize adverse impacts on the environment (including greenhouse gas emissions through a “Climate-Smart Agriculture” approach in different ecological contexts will); and (iii) design and introduce a water management approach based on water productivity to encourage institutional improvements at provincial, IMC and scheme levels.



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Specific Objectives of Subproject 01: Improvement and Upgrading of Turbine and Electric Pump Stations

Assure supply of reliable gravity irrigation for 1,048 ha of agricultural land including 648 ha of rice-growing land and 400 ha of land for growing oranges trees and other crops.

Supply domestic water for people and water for livestock husbandry purposes.

Increase assured water-supplied area.

Increase rice yield by 1.5 tons per ha (from 4.5 tons/ha to 6.0 tons/ha).

Increase crops, from one-crop rice to two-crop rice.

Increase area of rain-fed crops.

Figure 1. Geographical locations of main works of WB7 Project- Hoa Binh



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1.2 Mitigation measures for adverse impacts

Although the construction activities of Subproject 01 are improvement and upgrading of existing pump stations, dams and canals, Hoa Binh PPMU and the Consultant still conducted consultations with the Communal People’s Council (CPCs) and local communities in order to minimize adverse impacts caused by land acquisition and other negative impacts.

The factors considered by the Design Consultant for mitigation measures by producing construction solutions include:

Topography of the communes;

Living standards of people in the area;

Supply of materials and availability of materials in the area;

Supply of infrastructure services.

Based on these factors, Hoa Binh PPMU and Design Consultant have selected the technical alternative which has the least impacts on land and assets of people and at the same time assures the maximum irrigation capacity according to the design plan of the structure.

Construction solutions are also selected as to mitigate impacts on the local communities. Duration for construction is also taken into account. Since the Project is irrigation project, the construction activities will be carried out during dry season as to not interrupt the water supply.

1.3. Impacts of the Subproject

Subproject 01 covers an irrigation area of 1,048 ha. The number of beneficiaries is 5,352 households. The total number of persons benefited from Subproject 01 is 21,448 in which ethnic minority people account for 80.6% of the total.

Turbine pump stations of Subproject 01 that need upgrading are existing structures; therefore, the subproject is mainly carried out on the existing work; therefore, the project land acquisition impacts are insignificant.

1.3.1 Land acquisition impacts

The total land area used for 9 turbine stations and 1 pump station of Subproject 01 is 37,700 m2. In which 37,106 m2 of land area is existing area of these stations and canals. The upgrading and improvement of 3 stations, namely Bai Ve, Xuan Tien and Nhot will require an additional land acquisition of 594 m2 from 47 households in Xam Khoe and Thanh Hoi communes.

Permanently affected land area

All of the 594 m2 of land to be permanently acquired are agricultural land. In the past, people used agricultural land for growing 2 crops including rice and rain-fed crops. However, since the turbine pump stations have degraded, there is not enough water for rice growing; therefore, all 594 m2 have been used for growing groundnuts.

The land area permanently affected belongs to 47 households in Xam Khoe and Thanh Hoi communes. 38 affected households in Xam Khoe Commune lose 379 m2 with the average of lost area of each household is 9.9 m2. 9 households in Thanh Hoi Commune will have a higher degree of impacts with a total area acquired of 215 m2. Thus, each household will have an area of 23.8 m2 acquired.



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14 out of 17 EM households will have a total of 271 m2 of their landholdings acquired, an average impact of 25.5 m2 per household. As described above, 100% of the affected households in Thanh Hoi Commune belong to Muong ethnic group. The average area of land loss of 4 affected households in Xam Khoe Commune is 11.2 m2.

All of the 47 households have Land use rights certificates (LURCs) to their affected land area.

Temporary impacts on land

According to the investment report, the temporarily affected land area of Subproject 01 is 12,500 m2. All of the temporarily affected area is agricultural land. The exact number of temporarily affected households will be identified during the detailed design process.

1.3.2. Impacts on Trees and Crops

A total of 14 china trees and 594 m2 of groundnuts will be affected by the improvement and upgrading of turbine pump stations.

14 china trees to be cut down are owned by 4 affected households in Pieng Ve Commune in which 10 affected trees belong to 3 ethnic minority households.

The area for growing groundnuts to be affected by Subproject 01 is 594 m2 belonging to 47 households. The average of lost area of each household is 12.6 m2.

These impacts are assessed as insignificant and do not cause adverse impacts on people’s income.

There is no severely affected household due to loss of shelters or businesses.

There is no household partly affected by loss of land, house or business but does not necessarily have to relocate.

There is no household impacted on auxiliary structures.

There is no renter, labor, employees or landless people affected by the project.

1.3.3. Severely affected households

Among 51 affected households, 47 households are affected due to permanent loss of land and crops and 4 households are affected due to permanent loss of trees. However, there is no household losing more than 20% (for affected households in general) and more than 10% (for ethnic minority households) of their agricultural landholdings.

1.3.4. Impacts on Ethnic Minority communes and Vulnerable households

Ethnic Minority communes

Subproject 01 is implemented in the communes where ethnic minority communities (EMs) are living. These EMs are mainly Muong and Thai groups, which are the second and fourth most populous groups after Kinh people, respectively. Both EMs groups have relatively high development level.

17 ethnic minority households are affected by the subproject, including 6 Thai households (3 households in Pieng Ve Commune and 3 households in Xam Khoe Commune) and 11 Muong households (2 households in Xam Khoe and 9 households in ThanhHoi);

The affected EM households lose a total of 271m2 of agricultural land (land for growing groundnuts) and 10 china trees (xoan). No ethnic minority household is affected on



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structures or more than 10% of their productive landholdings. Among 17 affected EM households, there are 1 household headed by single woman and 1 poor household.

Vulnerable households

28 households belong to vulnerable group out of the total of 51 affected households including 17 ethnic minority households, 5 female-headed households, 5 poor households, 1 household with disabled member and 2 beneficiaries of the government social policy. In which, 3 households are eligible for 2 criteria, which are 1 female-headed and poor household, 1 female-headed and ethnic minority household and 1 poor and ethnic minority household; and no households affected 10% and higher of their productive landholdings.

Since the subproject is mainly to be implemented on the existing structures, land acquisition impacts are not considerable. No household or community or ethnic minority group is at risk of of impoverishment due to the Project.

1.4 Objectives of the Resettlement Action Plan

The RAP was prepared using the policy framework for resettlement of the project to meet the requirements of the World Bank on involuntary resettlement. In this RAP, the followings are identified: the number of households affected by the project construction and its adverse impacts, mitigation measures for these impacts, compensation and other supports for the people affected by the project.

The RAP was prepared to comply with the following:

Policies of the Government of Vietnam on resettlement and land acquisition;

OP 4.12, policies on involuntary resettlement by the World Bank;

Project Resettlement Policy Framework;

Decisions issued by Hoa Binh Provincial People’s Committee on policies for resettlement, land acquisition and compensation to be applied in the area of Hoa Binh province;

The RAP involved:

o Ensuring least scope APs

o Surveying s of impacts

o Inventory of losses and the socio-economic conditions of the affected people in the project area;

o Recording public consultations with affected people;

The RAP will be updated after details for technical designs are available and Detailed Measurement Surveys are carried out to identify the exact scope of subproject impacts.

2. Entitlements of the displaced persons

The RAP follows the Resettlement Policy Framework of the Irrigated Agricultural Improvement Project (IAIP). The overall objective of the RAP is ensure that all affected persons (APs) are compensated for their losses of assets an assisted to improve their livelihoods and standards of living or at least to restore them to levels prevailing prior to the beginning of project implementation.



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2.1. The Legal Framework of the Government of Vietnam on Land Acquisition and Resettlement

The Constitution of the Socialist Republic of Vietnam (1992) recognizes and protects house ownership rights. In addition, the Government of Vietnam has issued laws, decrees, and decisions constituting the legal framework on land acquisition, compensation, assistance and resettlement. The primary legal documents include:

The Land Law 2003, no. 13/2003/QH11, issued on November 26, 2003.

Decree 181/2004/ND-CP of the Government of Vietnam issued on October 29, 2004 guiding the implementation of the Land Law.

Decree 197/2004/ND-CP issued on December 3, 2004 on compensation, support and resettlement when land is recovered by the State. This Decree is regarded legally as one of the most important documents which replaced the Decree 22/1998/ND-CP by the Government of Vietnam issued on April 24 1998, the first decree to form the basis for compensation and resettlement activities.

Decree No. 198/2004/ND-CP by the Government of Vietnam dated December 3 2004 on land use levy collection.

Decree 188/2004/ND-CP of the Government of Vietnam issued on November 16, 2004 on methods to determine land prices and assorted land price brackets.

Decree 17/2006/ND-CP dated January 27, 2006 on revision and supplementation of some regulations in decrees guiding the implementation of the Land Law.

Decree 84/2007/ND-CP of the Government of Vietnam dated May 25th 2007 on revision of issuing Land Use Right Certificate (LURC), land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress.

Circular 06/2007/TT-BTNMT by the Ministry of Natural Resources and Environment dated June 15 2007 guiding the implementation of the Decree 84 of the Government.

Decree 123/2007/ND-CP dated July 27, 2007 on revision and supplementation of some regulations in decree 188/2004/ND-CP of November 16, 2004 on methods to determine land prices and assorted land price brackets.

Circular 145/2007/TT-BTC by the Ministry of Finance dated December 6 2007 guiding the implementation of the above-mentioned Decree 123/2007/ND-CP of the Government and replacing the Circular 144/2004/TT-BTC dated November 26 2004 by the Ministry of Finance guiding the implementation of the above-mentioned Decree 188.

Decree No. 69/2009/ND-CP dated August 13, 2009 by the Government additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement.

Circular 14/2009/TT-TNMT by the Ministry of Natural Resources and Environment dated November 16 2009 guiding the implementation of the Decree 69/2009/ND-CP by the Government and replacing the Circular 116/2004/TT-BTC by the Ministry of Finance guiding the implementation of the Decree 197/2004 by the Government.

Ordinance 34/2007/PL-UBTVQH11 by the National Assembly dated April 20 2007 on exercise of democracy in communes, wards and townships. This Ordinance provides for the contents to be publicized to people including „projects, investment works and priorities, implementation progress, compensation, assistance and resettlement plans related to the projects and works in the area at commune level“, and



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Decision No. 52/2012/QD-TTg dated November 16 2012 on the support policies on employment and vocational training to farmers who is recovered the agricultural land.

Besides, there are other laws, decrees and decisions related to land management, land acquisition, and resettlement including Construction Law 16/2003/QH11 dated November 26 2003 governing construction activities and the rights and obligations of organizations and individuals investing in construction of works and engaging in construction activities; Decree 105/2009/ND-CP by the Government of Vietnam dated November 11 2009 on the sanctioning of administrative violations in the land domain; Decree 12/2009/ND-CP by the Government dated February 12 2009 on management of work construction management projects and replaced the Decree 16/2005/ND-CP and Decree 112/2006/ND-CP on management of construction investment projects; Decree 131/2006.ND-CP by the Government Management and Utilization of Official Development Assistance (ODA); and Decree 70/2001/ND-CP by the Government on detailed regulations of marriage and family Law implementation, stipulates that all documents registering family assets and land use rights must be in the names of both husband and wife; Decisions of project provinces relating to compensation and resettlement in provincial territory will be also applied for each relevant sub-project.

Laws, decrees and decisions relevant to public disclosure of information include Land Law No. 13/2003/QH11, Article 39, requiring disclosure of information to affected people prior to recovery of agricultural and non-agricultural lands of a minimum of 90 and 180 days, respectively.

Decrees relevant to protection and preservation of cultural property include Decree No. 186/2004/ND-CP requiring that sites currently recognized for cultural and historical preservation and that are situated within the boundaries of waterway safety corridors, should be kept intact according to current legal regulations.

2.2 World Bank’s Policy on Involuntary Resettlement (OP/BP 4.12)

The top objective of the Involuntary Resettlement Policy (OP 4.12) of the World Bank is to require the project owner to study, examine and consider all viable alternative designs to avoid involuntary resettlement or at least mitigate the adverse socio-economic impacts caused by involuntary resettlement. OP 4.12 also promotes participation of displaced people in resettlement planning and implementation. Its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy also prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers to prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects.

For the preparation and implementation of project activities involving land acquisition, compensation, resettlement, and restricted use of natural resources, the WB’s policy requires close consultation with the affected population to define the appropriate mitigation of the potential negative impacts addressing ethnic, gender, and other vulnerable group issues. The policy also specifies the need for information disclosure to the APs, monitoring and evaluation of compensation and resettlement implementation, and budget and capacity of the implementing agency. The objectives and key principles of the Involuntary Resettlement Policy are as follows:

The acquisition of land and other assets and resettlement of the project affected persons will be minimized as much as possible by considering all viable alternative project designs;

All APs identified in the project area as in the baseline surveys. They are entitled to compensation, restoration and rehabilitation measures sufficient to assist them to at least restore or otherwise improve their pre-project living standards, income earning



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capacity and production levels. Lack of legal rights or documentation will not bar APs from entitlement to such measures.

The compensation measures that will be provided include (i) in cash compensation at replacement cost for houses/shops and other new structures without deduction or depreciation for salvaged materials; (ii) productive land-for-land replacement of equal productive capacity acceptable to the APs; (iii) replacement of commercial and residential land of equal size acceptable to the APs;(iv) displacement and rental allowances.

Replacement agricultural land residential land shall be as close to the affected land as possible and acceptable to the APs.

Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the APs to meet their demands.

The compensation and rehabilitation activities will be satisfactorily completed before awarding of contract of civil works under each sub-project.

Funding sources for compensation and assistance for the APs will be arranged as follows: compensation for business land, residential land, and productive land will be covered by the land fund of the villages approved by the concerned authorities and in-cash compensation for affected structures, trees and crops, and income will be covered by the counterpart fund of the Province.

2.3 Key Differences between the Government and WB’s Policy

There are a number of ways in which the approaches of the Vietnam Government – either in policy or practice – are compatible with World Bank guidelines. Key congruence includes:

Vietnam has procedures in which most of the people without legal land use rights but are able to meet the requirements to legalize are eligible for compensation.

People with permanent residence records can select among resettlement options including moving to better resettlement areas, or receiving in-cash compensation, or combination of both.

The new resettlement areas for APs are not only equipped with better infrastructure and public services but also higher living standards.

Assistances are provided for APs during transition time and organizations and mechanism are arranged and established through which people are informed, negotiate regarding compensation and can lodge complaints.

As for households that are not eligible for compensation, the Government provides them with assistances and, in accordance with the World Bank policy, such assistances have to be implemented in order to ensure that the APs can restore their living standards.

Principles for land compensation and assistance are defined in the Article 14 of the Decree 69/2009/ND-CP dated August 13 2009, detailing “Land used for a certain purpose which is recovered by the State shall be compensated with new land with the same use purpose. If no land is available for compensation, compensation equal to the value of land use rights calculated based on land prices at the time of land recovery decision will be paid. Incase land is compensated with new land or residential land or a house for resettlement, any difference in value shall be paid in cash”.



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Table 1. Comparison between Vietnam compensation, assistance, and resettlement policy and the WB’s Involuntary Resettlement policy and other proposed policies of the Project

Policy World Bank’s OP 4.12 Government of Vietnam Policy applied for the Project

Assets, Land

Objectives Physically or economically affected people must be provided with compensation and assistance to improve or at least restore their living standards to the pre-project levels.

Resettlement areas and infrastructure must be better or at least equal to the conditions of the previous areas.

Livelihoods, income and assets must be restored at least to the pre-project levels if not improved.

Unofficial or illegal land users

Providing assistances and livelihoods restoration measures for all affected people to achieve the policy’s objective.

Providing assistances at different levels depending on the “illegal” levels of the land users.

Providing assistances and livelihood restoration measures for all affected people regardless of their legal status or land use rights.

Compensation/assistance for the structures of the affected people without fully legal status towards land use

Compensate at replacement cost and other assistances for all structures regardless of their legal status.

Provided to cover the new structure costs. Depending on the “illegality status” attributed, covering between 80% and 0% of the total costs.

Assistance at replacement cost for all structures equal to or better than the affected assets and structures, and provided regardless of legal status

Compensation

Methods determining replacement costs

The compensation for land and other assets must be equal to the full replacement cost.

Compensation level for the affected land and assets is calculated at the price close to the transaction cost of such assets in the market. The provincial authorities have the rights to determine the annual prices for different properties.

Qualified independent expert will be engaged to determine market prices for the project authorities for determining compensation amounts at full replacement cost. The prices are established in consultation with the APs.

Compensation for loss of income

All lost incomes will be compensated

Only compensate for lost incomes of the businesses with registration

All lost incomes will be compensated/ supported fully and improved or at least restored to the pre-affected levels.



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Policy World Bank’s OP 4.12 Government of Vietnam Policy applied for the Project

Compensation for indirect impacts caused by land acquisition

A good practice is that the borrower will conduct a social assessment and take mitigation measures to minimize or reduce adverse socio-economic impacts, particularly to the poor and vulnerable groups.

Not mentioned. Social assessment undertaken and mitigation measures taken tominimize or reduce adverse socio-economic impacts, particularly to the poor and vulnerable groups.

Livelihood restoration Deliver assistances and livelihood restoration program to achieve the policy’s objectives.

Carry out livelihood assistance and restoration measures; there are no following measures to ensure that livelihoods are fully restored after the completion of resettlement.

Deliver assistances and livelihood restoration measures to achieve the objectives of the policy. The project is not considered as completed until the policy’s objectives are obtained.

Public disclosure and consultation

The participation of the project’s stakeholders in preparing and implementing project plays an important role to the success of the project. The participation indicates participation in verifying the eligibility criteria as well as access to grievance mechanisms. The affected people must be provided with information regarding their options, entitlements and consulted about the proposed options.

Mainly limited to sharing information and publicizing documents.

Public participation and consultation are designed and implemented so as to obtain the project’s objectives.

Participation and consultation procedures should be fully documented.

Grievance redress mechanism

Grievance redress mechanism must be independent and highly responsible in solving concerns of the affected people.

The agency issuing decisions on compensation and resettlement is also responsible for solving complaints, which does not ensure the independency of the grievance redress mechanism.

An independent mechanism to be established and fully documented.

Monitoring and Evaluation

Internal and external monitoring should be conducted.

There is no clear requirement regarding monitoring including internal or external monitoring.

Both internal and external monitoring and reporting should be carried out.



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2.4. General Principles

The key project principles for compensation, assistance and resettlement include:

Acquisition of land and other assets as well as displacement of affected households will be minimized as much as possible. In case land acquisition is unavoidable, compensation and assistances will be provided for affected people satisfactorily.

Compensation will be determined based on an independent valuation of land/property in a timely manner and in consultation. All fees and transfer tax on land and/or house will be exempted or included in the compensation package for the land and structure/house or business. Local authorities will ensure that APs that choose self-relocation will be granted certificates of land use rights and housing or the official certificate required commensurate with the compensation package similar to those opting for resettlement sites of the project at no additional cost.

Land will be compensated based on "land for land" compensation or in cash at the option of the affected people whenever possible. Those who lose 20% or more of productive land have the rights to choose land-for-land compensation. If the land fund is not available, the borrower must ensure and be approved by the World Bank that it is the case. Those who lose 20% of productive land area may need additional support in order to restore their livelihood. These principles also apply to the poor and those in vulnerable groups that lose 10% or more of productive land. It is essential to have necessary documentation to prove that there is no suitable land to be used for resettlement purposes to meet the requirements of the World Bank.

The affected people that choose the "land for land" compensation will be given land with the equivalent capacity of the affected land or provided with a standard land plot in a resettlement area near the previous living place, and cash to compensate for the difference between the affected land and the new allocated land. The resettlement area will be properly planned and implemented in consultation with the APs. The entire basic infrastructure such as roads, sidewalks, drainage facilities, water supply, power lines and phone lines will be provided.

The affected people who opt to fort, in-cash compensation will be compensated at full replacement cost. These APs will be supported in restoring livelihoods and arranging self-relocation.

Compensation for residential structures, commercial structures, or other types of structures will be paid at replacement cost without deduction and depreciation for salvage materials. The structured will be assessed separately. If compensation is determined by the type of structure, the cost of the structure with the highest value in the structure group will be used (rather than using the lowest value).

Affected people will be provided with full assistance (including transport allowances) to transport their belongings apart from the compensation at replacement cost for house, land and other structures.

For affected people who do not have to relocate, compensation and assistances should be delivered at least 30 days before site clearance. In case of compensation for land and resettlement, it should be carried out at least 60 days before. Exceptions for vulnerable groups should be considered as they might need more time.

If at the end of the project, livelihoods are not restored to the pre-project levels, additional measures should be considered to achieve the objectives of the policy. Resettlement activities of the project cannot be considered as completed if the objectives of the Resettlement Plan have not been obtained.



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Financial services (such as loans and credit) will be provided for affected people if necessary to help achieve the livelihood restoration objective. The amount to be paid back and payment schedule should be within the capacity of the affected people, including the vulnerable groups.

Additional efforts such as economic restoration, training and other assistances should be provided for the affected households losing income in order to increase their potential in the future in restoring and improving livelihoods. Vulnerable groups might need additional assistances in such aspect.

Services and resources of the community enjoyed by the affected people before the project implementation will be maintained or improved in the resettlement areas.

All the define principles are reflected in the Eligibility Matrix below:

2.5. Compensation and eligibility to compensation

The affected people are those affected by:

(i) Involuntary land acquisition leading to:

a) Displacement or loss of houses;

b) Loss of assets or loss of accessibility to assets;

c) Loss of income or livelihood means regardless of whether they have to relocate or not;

(ii) Involuntarily restricted access to protected forests, causing adverse impacts on their livelihoods.

All APs who are identified in the project-impacted areas on the cut-off date of the Project will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to enhance, or at least restore, living standards, incomes and production capacity relative to pre-project levels. The cut-off date will be the final day of the detailed measurement survey (DMS) in each subprojects/investments. Those who encroach into the investment area or build new properties (renovate, build new house/structure, plant new crops and trees) after the cut-off date will not be entitled to compensation or any other assistance, if being affected.

Based on types of impact and category of the APs and their entitlements, the Project sets up specific entitlements to each type of APs satisfactorily in the entitlement matrix below. Detailed technical design, DMS and social assessments will identify actual impacts and replacement cost surveys will be conducted to determine compensation rates to update in the entitlement matrix.

2.6. Entitlement Matrix

Project: Irrigated Agriculture Improvement (IAIP) – Subproject 1, Hoa Binh province Abbreviated Resettlement Action Plan

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Table 2. Entitlement Matrix

Type of Loss Entitled Person Entitlement Implementation Issue

Entitlement to Compensation

Permanent loss of productive land (22 households)

Users with Land User Rights Certificate (LURC),

users eligible to acquire LURC

Losing less than 20% (10% for the poor and vulnerable households) of total landholding:

Cash compensation at replacement cost which is equivalent to the current market value of land within the village, of similar type, category and productive capacity, free from transaction costs (taxes, administration fees).

DRCs inform the APs at least 3 months prior to land acquisition.

9 households losing more than 20% of their productive land and 1 vulnerable household losing 55% of the productive land

Losing 20% or more (10% for the poor and vulnerable households) of total area of productive land holding:

as a priority, a replacement land nearby with equal productive capacity acceptable to the APs would be provided with land title or land use certificate without any fees, OR cash compensation at replacement cost in case replacement land is unavailable or at the request of AP; AND entitlement to receiving rehabilitation and allowance package as defined below for severely affected PAPs.

If the remaining land is not economically viable, at the request of APs, the Project will acquire the entire remaining land and compensate for entire area at replacement cost.

Users without LURC or ineligible users

Compensation for land at replacement cost if there are no disputes, and no violation with announced planning.

If conditions for compensation are not met, PPC considers support by specific cases.

DRCs should work with Communal People’s Committees (CPCs) and affected communities to identify origins of affected land of land use to determine compensation or not.

Users with temporary or lease rights to use public land

Cash compensation for crops/assets on the land at the market price, and

Cash compensation for the amount of the remained investment put on the land or the remained value of the land rental contract.


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Permanent loss of residential land (13 households)

Users with LURC, or eligible to acquire LURC.

With sufficient remaining land to reorganize and/or rebuild houses/structures complying to planning of locality:

(i) Cash compensation at replacement cost for acquired land area, (ii) cash for improvement of remained residential land (e.g. filling and leveling) so that APs can move back and build house on the remaining land, and (iii) provision of sufficient allowance and housing rental allowance.

Without sufficient remaining land to reorganize and/or rebuild houses/structures:

(i) Replacement land compensation in resettlement sites or in commune, with the category and equal to quota of local residential land, without any charge for taxes, registration and land transfer fee, and land title or land use certificate. In the case that compensation land area is narrower than the acquired area, the difference will be compensated with cash at replacement costs; if the compensation area is larger than the acquired one, the APs do not have to pay for the difference; and full allowance package for relocated households, OR

(ii) Cash compensation at replacement cost which is equivalent to the current market value of land of similar category, free from transaction costs (taxes, administration fees), plus full allowance package for relocated households.

DRCs inform the APs at least 6 months before land acquisition.

Compensation must be provided at least 30 days prior to the time of land acquisition for non-relocated households (HHs) and 60 days for relocated HHs.

Resettlement sites must be developed with full infrastructure and based on consultation with relocated APs.

Users without legal or unrealizable land use right

Compensation for affected land through either replacement land or cash payment at replacement cost if no encroachment, no dispute and no violation with announced planning and certified by the CPC, otherwise no compensation for land but only compensation for on-land assets at replacement costs.

If the APs have no other residence, PPCs consider allocating the residential land or house and rehabilitation and allowance package for the APs.

DRCs in combination with CPCs and affected communities identify the eligibility of land for compensation

Compensation for loss of rental status

Renters of Project affected houses and land

Compensation for all on-land assets at replacement costs, and

A transportation allowance provided to tenants.

DRCs in combination with PPCs and affected land owners determine eligibility of land and assets for compensation.

Support renter to find a new rental house if required


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Renters of State or organization’s houses

Provided with new apartment for rent if possible, OR

Assisted at 60% of value of the rented land or house at replacement cost.

Temporary loss of land

Legal users or occupants

For agricultural land: (i) cash compensation at market prices for trees and crops on land affected and net incomes lost during the period of temporary use of land by the project; and (ii) restoration of temporarily used land to its original status within one month after completion of construction. For residential land: (i) cash compensation at replacement costs for fixed assets affected by the project (e.g. works, structures); and (ii) restoration of temporarily used land to its original status before handing back to land owners. If the project could not restore the temporarily used land, DRCs would negotiate with APs and pay for cost so restoring.

In the case of contractors using temporary land for camping or putting materials, they should negotiate with APs about compensation and restoration after use.

The construction supervision consultant and IMO will be responsible for monitoring reinstatement.

Illegal users of occupants

For agricultural land: compensation at market price for current affected crops.

For residential land: compensation for assets on the affected land and provision of transportation allowance.

Totally affected houses/shops, and secondary structures (kitchen, store house, livestock shelter) or

partially affected but no longer viable

Owners of affected houses/ shops regardless of status of land use rights.

Cash compensation at replacement cost for new houses/shops, structure with no deduction for depreciation of the structure or salvageable materials; and rehabilitation and allowance package for APs, including allowance of housing rent during construction of new house. Rental allowance levels are defined by the PPC to be appropriate to the local situation.

Adequate time provided for APs to rebuild/repair their structures.

Partially affected houses/shops and secondary structures but remaining part is viable

Owners of affected houses/ shops regardless of status of land use rights.

Cash compensation at replacement cost for the affected part and cost for repairing the remaining part without depreciation of salvageable materials.

Reparation cost should be negotiated with APs by DRCs


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Loss of business income due to land acquired

Owners of shops with registration

Cash compensation for affected shops at replacement cost, plus all costs for dismantling, transporting, and installing assets (if any).

The APs will be assisted with amounts equivalent to monthly net income for at least 6 months.

Monthly net income is verified through tax agencies.

If business households have to be relocated, then a priority to provide a replacement business site in the same or improved conditions.

3 households Owner of shop without business registration

Support by cash equal to average monthly income of the HH for at least 3 months.

The average monthly income will be determined through interviews with the APs to obtain an estimation of monthly net/ income and profits.

Crops and Trees

(35 households)

Owner of crops and trees whether or not land is owned

If standing annual crops are ripening, cash compensation at market price equivalent to the highest production of crops over the last three years.

For perennial crops and trees, cash compensation at current market value based on type, age, and productive capacity.

For timber trees, cash compensation at current market value based on type, age and diameter at breast height (DBH) of trees.

DRCs should inform APs at least 3 months before land acquisition.

Affected public structures

Structure users Compensation at replacement costs to build new structures of equivalent technical standards.

Displacing affected graves

Owners of graves Compensation for removal of graves will be paid directly to APs, including costs of excavation, relocation, reburial, purchasing/ obtaining land for relocation of graves and construction materials (in case of constructed graves), and all other reasonable costs in accordance with local rituals.

Avoiding displacement of graves through design options or selection of replacement locations. If it is unavoidable, executing agency should consult APs on their customs for the grave relocation.

Entitlements to Allowances

Allowance for acquired agricultural land in residential areas

Legal APs having land to be acquired in rural or urban residential areas.

Apart from compensation at replacement costs for the acquired land, cash allowance will be provided, equivalent to from 20% to 50% of the average residential land price in the areas yet not exceeding 5 times of norms of residential land in the localities.

PPCs decide the percentage of allowance for application in the

Paying one time for APs at the compensation payment time.


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provinces.

Allowance for affected gardens/ ponds that are not considered residential land

APs having their garden/ pond acquired in the same land plot where there are residential land, yet garden/ ponds are not considered residential land

Apart from compensation for acquired land at replacement costs, APs will be provided with cash allowance, equivalent to from 30% to 70% of prices of nearby residential land.

PPCs decide the reasonable percentage of allowances.


Allowance for differences of residential land/houses

Displaced persons

The displaced people who receive residential land and/or houses at resettlement sites yet the compensation and allowance amounts are less than the value of one standard resettlement land plot will be provided with allowances for such differences; in case of not receiving residential land plot or houses at resettlement sites, cash will be provided with amounts equivalent to such differences.

Allowance for base leveling

Displaced people have to relocate themselves

The displaced people who have to relocate themselves will be provided with an amount in cash equivalent to the investment amount for infrastructure for a household at resettlement sites.

Allowance for job changing/job creation

Legal PAPs with direct production activities on acquired land areas

Apart from compensation for acquired agricultural land at replacement costs, APs will also be provided with allowances with one of the two following options:

(i) allowance for vocational training/ job creation in cash, equivalent to 1.5 to 5 times of the compensation amounts for all areas of acquired land yet not exceeding the norms of agricultural land assignment in the localities; OR

(ii) Allocating one residential land plot or an apartment or a commercial land plot, if the local land funds are available.

PPCs decide the allowance amounts for application in the provinces.

If APs’ members in the working age have demands of vocational training, they will be provided with one free course of vocational training.



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Transition subsistence allowance

Relocating households – relocating on residual land or to other sites

Relocating APs will be provided with cash or in-kind assistance equivalent to 30 kilogram (kg) of rice per person per month at current market value for 6 months.

Severely affected APs losing 20% (10% for poor and vulnerable households) or more of their productive land/ income-generated assets

APs directly cultivating on affected land and losing:

From 20% (10% for poor and vulnerable households) to 30% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per person per month for 3 months if no relocation, 6 months if relocation, and 12 months if relocation to sites with harsh socioeconomic conditions.

More than 30% to 70% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per HH member per month for 6 months if no relocation, 12 months if relocation, and 24 months if relocation to sites with harsh socio-economic conditions.

More than 70% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per HH member per month for 12 months if no relocation, 24 months if relocation, and 36 months if relocation to sites with harsh socio-economic conditions.

Transportation allowance

Relocating households to other sites

Support for transfer all old and new building materials and personal possessions by cash with an amount not less than VND 2,000,000 per relocating HH. This allowance is not applicable for on-site resettlement. PPCs regulate reasonable allowance amounts.

Allowance for housing rent

Relocating households (including on-site relocation)

Support for renting house during construction of new house, for minimum of 6 months per household. PPC decides the rent but not less than VND 600,000 per month in rural and 1 (one) million in urban area.

The support should be provided at the time of compensation.

Allowance for people of the vulnerable group

People of the affected vulnerable group, e.g. the poor (according to the MOLISA criteria), or households headed by women, the elderly, or disabled, people

Apart from the aforesaid allowances, PAPs are entitled to:

An allowance of 30kg of rice (at current market price) per person per month for 3 months for the non-poor household.

An allowance of 30kg of rice (at current market price) per person per month for the poor household for not less than 3 years. PPCs decide reasonable numbers of supported years.

The poor households will be those meeting the current poverty criteria as set by MOLISA. The allowance should be paid one time at the same time with compensation payment.


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without land or ethnic groups

Entitlement to participation in agriculture extension programs, credit.

The contractors will make all reasonable efforts to recruit severely affected and vulnerable APs as laborers for suitable jobs in the project.

Bonus for timely relocation

Relocating households Apart from all above entitlements, cash bonus not less than amount of VND 5,000,000/HH for relocating households that dismantle structures from affected land in a timely fashion.

Payment to be made directly to households immediately upon removal.



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3. Compensation and resettlement strategies

3.1. Procedures for Payment of Compensation and Allowances

The District Compensation, Assistance and Resettlement Board (DCARB) is responsible for payment of compensation and allowances to APs. This will be done with assistance from commune and hamlet authorities. The procedures to be followed include:

(i) Complying with the RAP approved by the PPC. According to approval decision, approved plans of compensation, assistance for resettlement, overall and detailed site clearance of the district.

1/ Money for plot measure, making compensation plan and evaluation of the compensation plan is transferred via the district treasury to the district compensation councils.

2/ Budget for compensation, assistance and reward are paid directly for the affected households in several times by Hoa Binh PMU.

(ii) The DCARB and local authorities notify AHs about the date, time and place as well as documentation required, for payment of compensation and allowances; compensation is paid in each commune. At least one week notice is given to AHs; notification is made by posting an announcement at commune and hamlet offices.

(iii) At the time of payment, the head of AHs signs a compensation document to acknowledge the amount and receipt of payment.

(iv) Representatives of the CPCs and mass organizations including the Youth Union, Women’s Union and Farmer Association will supervise the compensation payment process.

3.2. Income Restoration Strategy

Regarding severely affected APs losing 20% or more of their productive land/ income-generated assets, they are entitled to the following assistances:

From 20% (10% for poor and vulnerable households) to 30% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per person per month for 3 months if no relocation, 6 months if relocation, and 12 months if relocation to sites with harsh socioeconomic conditions.

More than 30% to 70% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per HH member per month for 6 months if no relocation, 12 months if relocation, and 24 months if relocation to sites with harsh socio-economic conditions.

More than 70% of their productive land/ income-generated assets will be provided with cash or in-kind assistance equivalent to 30 kg of rice (at current market price) per HH member per month for 12 months if no relocation, 24 months if relocation, and 36 months if relocation to sites with harsh socio-economic conditions.

For households losing agricultural land, apart from compensation and assistances as described above, they are entitled to job supporting and vocational training policy for people in the working age (Decree 52/2012). Accordingly, APs losing agricultural land will be provided with the following assistances free of charge:

o Vocational training assistance including: short-term vocational training (primary level and vocational training less than 3 months) or intermediate and college level with one-course fee paid by the State. Vocational training expenditures are



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included in the total cost of the investment project or approved compensation, assistance and resettlement plan;

o Job-creation: consulting for vocational training, introducing jobs free of charge at the Job Centers under the provincial Department of Labor, Invalids and Social Affairs (DOLISA). In case a business receives several labors who lose agricultural land to work will be entitled to preferential policies regarding land, credit, and tax according to current regulations.

Severely affected households due to loss of 20% of productive land or more (10% for vulnerable households) are entitled to: (i) provision of replacement land or supporting in buying replacement plan; (ii) agricultural input materials to increase productivity on the remaining land area and/or replacement land; and (iii) income restoration programs will be designed and carried out in consultation with the APs during the project implementation period.

3.3. Vulnerable Affected Households

According to the compensation policy framework, vulnerable affected households are entitled to participate in income restoration programs conducted by the Project. Assistance packages will be provided for vulnerable households.

Apart from the above-mentioned assistance, the vulnerable affected households are entitled to:

An allowance of 30kg of rice (at current market price) per person per month for 3 months for the non-poor household.

An allowance of 30kg of rice (at current market price) per person per month for the poor household for not less than 3 years. PPCs decide reasonable numbers of supported years.

Entitlement to participation in agriculture extension programs, credit.

The contractors will make all reasonable efforts to recruit severely affected and vulnerable PAPs as laborers for suitable jobs in the project.

3.4. Gender Strategy

Based on the gender strategy proposed in the IAIP Resettlement Policy Framework (RPF), specific activities will be formulated and carried out during the project implementation process as follows:

Consult women to determine criteria for replaced land or improving current land, especially in planning for current lands and maintain the family as well as set up the relationship with services and public facilities such as school, health organization, market and economic activities.

AHs consultation about proprietary arrangement will ensure that women (including women who head their family or are members of family) know thoroughly about their selections and obligation; and women’s opinions are reviewed.

Project construction contract includes gender equality commitment: i) ensure not to use child and illegal labor; ii) not discriminate, against female labor; and iii) equal pay for women and men.

The Resettlement information system of project will ensure that all documentation and super visors do not discriminate by gender.

Women who head AHs or members of sub-project community will be encouraged and supported in participating fully in sub-project resettlement implementation and planning.



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These activities and the resettlement policy framework aim at creating good conditions for participation, including:

(i) DCARB and CPCs will ensure that the resettlement planning and implementation will involve the representatives of the Women’s Union as well as women who are household heads or members of AHs.

(ii) The affected women and representatives of the Women’s Union will participate in the Community Supervision groups regarding environmental and social related issues.

4. Information disclosure and public consultation

Information disclosure for affected people and involved departments/ organizations is an important part of the project preparation and implementation process. Consultation with the APs and ensuring their active participation reduces the risks of conflicts and delay of the project. This also enables the Project to design the resettlement and restoration program as a comprehensive development program which is appropriate to the needs and priorities of the affected people, thereby maximizing the socio-economic efficiency of the investment funding. The objectives of the information disclosure and public consultation program include to:

Ensure that the competent authorities as well as local representatives of those affected, were involved in planning and decision making. Project Management Units worked closely with the Province People's Committee, district and communes/town in the project implementation process. The participation of the affected people during implementation were continued by requesting the district to invite representatives of the affected people to be members of district Compensation and resettlement Council/Board and to participate in resettlement activities (property evaluation, compensation, resettlement, and monitoring).

Share information on all items and activities expected of the project affected persons.

Collect information on needs and priorities of those affected, as well as receive information about their reaction on policies and activities planned.

Ensure that those affected can be fully informed of decisions directly affecting their incomes and living standards, and they had the opportunity to participate in the activities and decisions about issues directly affecting them.

Achieve coordination and participation of affected people and communities in activities necessary for planning and implementing resettlement.

Ensure transparency in all activities related to land acquisition, compensation, resettlement and restoration.

4.1. Information Disclosure and Public Consultation during the RAP Preparation

The objectives of the public meetings organized during the RAP preparation were to provide information and consult with the DPs and key stakeholders in terms of: (i) project information; (ii) objectives of the subproject based on the initial design; (iii) policies, principles and procedures regarding land acquisition, compensation, and resettlement; (iv) implementation plan; and (v) initial estimates of land acquisition and grievance redress procedures.

The participants of the consultation meetings included the project affected households, representatives of the mass organizations including Farmer’s Association, Women’s Union and Fatherland Front and commune authorities in the project area.

Key information disclosed in the meetings was as follows:



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(i) introduction to the subproject; (ii) initial design and land acquisition requirements of the subproject; (iii) requirements regarding land acquisition and site clearance; (iv) loss calculation method; and (v) policies of the Government of Vietnam and World Bank on involuntary resettlement.

Two consultation rounds were conducted in 3 affected communes where land acquisition is required.

The first consultation round was organized at the end of February and beginning of March 2013 in 10 communes of five districts in the subproject area. This round was conducted during the preparation for investment report. The participants of the consultation included local communities in the project area, representatives of the CPCs, Fatherland Front, Women’s Union and District People’s Committees.

The second consultation round was held during the implementation of SES and IOL for preparing RAP and EMDP. The participants of the second round were affected households, representatives of the affected villages (village leaders) and communes.

In this consultation, the ethnic minority communities were also consulted. The consultations were implemented with both affected and non-affected people. Representatives of reputable people in the community also participated as major information providers. The consultations with the ethnic minor communities were conducted in both their language (for Thai ethnic community) and Kinh language (for Muong ethnic community). The consultations with the ethnic minority communities were carried out voluntarily, informed and suitable with their culture.

A total of 75 people participated in public meetings and group discussions including 38 commune officials and representatives of the mass organizations such as Women’s Union, Fatherland Front and Farmers’ Association and 3 prestigious persons from the ethnic minority communities and 37 community members (14 males and 23 females).

The results of community consultations are summarized in the Table below.

Table 3. Summary of consultation results

Commune Date Participants Feedbacks and opinions from community members

Xam Khoe

May 16

28 participants from PAHs and representatives of the commune leaders, including: 10 males and 18 females.

Pham Van Chien- Deputy Chairman of the CPC

Bui Van Dam- Party Cell Secretary, Xuan Tien Village

9 poor households and 2 Thai households.

- As the irrigation project is designed based on the existing irrigational canal system, the land acquisition impacts are not significant and thereby not severely affect household incomes from agriculture. People are very happy if the irrigation canals are built to serve cultivation and increase productivity. Therefore, people are willing to support the Project.

- As the project is implemented based on the existing canal, there is only a section of around 450 meter long cutting through agricultural land for growing rice and crops (1 rice crop and 1 groundnut crop).

- The local authorities are happy and expect that the project will be implemented as soon as possible because during the spring crop, there is a lack of irrigation water for agricultural production annually. Since the majority of the households are engaged in agriculture, thus their main income source is from agriculture. In addition, the village does not have any secondary income sources or traditional handicrafts, only



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some households have their family members working in other communes or districts.

- We totally agree on acquisition of agricultural land. However, since it is permanent impact, it is required that the Project should provide adequate compensation.

- The existing canal is using the drain of the road; therefore, when the project is implemented later, land acquisition is required.

- It is suggested that the Project should consider and carry out a survey to build another canal connecting to the Hien field to supply irrigation water for both sides.

- We are concerned that if the project is not finished and delayed, there will be no water for irrigation.

Pieng Ve May 14

4 PAHs

Ha Van Nhuong- Chairman of the CPC

Ha Van Thinh- Deputy Chairman

Ha Van Thiet-cadastral official of the CPC

Ha Van Nhan-Head of Bang village

- The structure is located in the area of Bang Village of the commune. We expect that the project will be implemented soon because the dam and canal were built from 1969 and thus have been degraded due to landslide and sedimentation. According to the project design, the canal will be built totally on the existing foundation. If the dam is rebuilt and canal is reinforced, people will be very happy.

Thanh Hoi May 15

5 PAHs

3 CPC officials

- In the commune area, there are 2 structures which are turbine station and Suoi Hai reservoir in Nhot village. The station has been built since the 1970s and thus seriously degraded. Some main canal sections have been damage; therefore, water is leaked leading to great loss of water. Some other sections of the main canals and secondary canals have not been reinforced, they are therefore easy to be blown off, which cause impacts on irrigation for will rice and crops.

- It is expected that the project will be implemented as soon as possible to assure irrigation water for people. With regards to land acquisition, the impacts are not considerable since the construction activities are mainly carried out on the existing system. There is only a new section that will affect 9 households. We expect that when the project acquires land, the project will inform us beforehand and compensate for our affected crops.

Summary of meeting minutes, list of the participating households and some images of consultations are shown in the Annexes one, two and three.



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4.2. Information Disclosure and Public Consultation during the RAP Implementation

4.2.1. Information Disclosure and Public Consultation

During the project implementation, the PMUs/DCARBs, with the support of the project consultants, will undertake the following tasks:

Providing information to relevant agencies at all levels throughout training workshops. Provide detail information on the project policies and implementation procedures.

Organizing information dissemination and consultation to all affected persons during the project implementation.

The DCARBs carries out DMS, updates the unit prices based on the results of replacement cost survey, and reconfirm the scale of land acquisition and impacts on properties based on the results, consultation to affected persons, develop and complete property compensation plan for each affected household.

The property compensation plan finalizes affected assets and compensation entitlements of households, which must be signed by affected persons to demonstrate their concurrence with the evaluated results. Any questions of affected persons on the content of the compensation plan must be recorded at this time.

A letter/questionnaire about resettlement options will be given to all DPs entitled to relocation (a) to inform them about resettlement options (a clear explanation of the consequences of choosing each option will be given), (b) to request that DPs confirm their choice of resettlement option and their preliminary confirmation of resettlement site location, and (c) to propose the DPs to clarify services that they are using such as education/health/market and distance of access to those services to ensure development of the future infrastructure service.

Consulting affected people about their desire for the rehabilitation plan. This will be applied for severely affected and vulnerable people. The DRCs will notify affected persons the plan and their entitlement to receive technical assistance before requesting them to make clear their desire on the rehabilitation support.

Community Consultation: Before starting to update the RP according to the detail design, the PMU/DCARBs will organize community meetings at each affected commune to provide the APs with additional information and give them an opportunity to participate in the open discussions on resettlement policy and procedures. Invitations will be conveyed to all affected persons before the meeting is held in such place. The purpose of this meeting is to clarify the information updated at the meeting time and create opportunities for affected people to discuss the concerned issues and clarify information. In addition to notification letters addressed to affected people, other measures of information dissemination to them and the public in general like posters in prominent places in the headquarter of communes/districts where the affected people are living by means of local radio and newspapers. Both men and women of affected households as well as community members who are interested in the Project are encouraged to participate. In the meeting, there will be explanations about the Project, rights and entitlements of households, and the meeting will be an opportunity to raise related questions. Similar meetings will be organized periodically throughout the project cycle.

Project Leaflet: A Project Leaflet providing project information will be prepared and handed out by CPO to the APs in the project preparation and implementation stages to ensure that the people are well aware of the project benefits. The project leaflet will provide detail of the compensation and assistance policies mentioned in this RPF so as to propose social impact mitigation measures in case of land acquisition and site clearance by the sub-project.



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4.2.2 Public Disclosure

Apart from information disclosure to the APs and their communities, the RPF and RAPs shall be distributed to the project communes and districts. In addition, the RAP will be also available at the offices of the PPC, PPMU as well as at the Information Centers of the World Bank in Hanoi (VDIC Hanoi) and Info Shop in Washington.

4.3. Grievance Redress Mechanism

Complaints related to any aspect of the project will be handled through negotiation in order to reach concurrence. All complaints will be documented and kept at the CPC and DPC as well as addressed by the PPMU through transparent and active consultation. Grievance records and reports are allowed to be access publicly. All fees that might be incurred in the resolution of grievances and complaints are paid by the project implementing agency.

The grievance redress mechanism is described as below:

First stage, at Commune People’s Committee: An aggrieved affected household may bring his/her complaint to any member of the CPC, directly or through the head of hamlet, in writing or verbally. It is incumbent upon said member of CPC or hamlet leader to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected household and will have 5 days following the lodging of the complaint to resolve it (Note: in remote and mountainous areas, the complaint should be resolved within 15 days. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles.

Upon issuance of the decision of CPC, the complainants can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the DPC.

Second stage, at the district level: Upon receipt of the complaint from the household, the DPC will have 15 days following the lodging of the complaint to resolve the case. The DPC is responsible for documenting and keeping file of all complaints that it handles.

Upon issuance of the decision of DPC, the complainants can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the PPC.

Third Stage, at the provincial level: Upon receipt of the complaint from the household, the PPC will have 30 days (or 45 days in remote and mountainous areas) following the lodging of the complaint to resolve the case. The PPC is responsible for documenting and keeping file of all complaints.

Upon issuance of the decision of PPC, the household can make an appeal within 45 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate his/her complaint to the court within 45 days. PPC then has to transfer the compensation into a keeping account.

Fourth stage, the Court of Law Arbitrates: Should the complainant file his/her case to the court and the court rule in favor of the complainant, then Provincial government agency will have to increase the compensation at a level to be decided by the court. In case the court rules in favor of the PPC, the complainant will have to receive compensation as described in the approved compensation plan and obey all requirements of land clearance.

To ensure that the mechanism described above is pragmatic and acceptable to APs, consultation with local authorities and affected communities about this mechanism is needed, taking into account particular cultural features as well as traditional mechanism in addressing and solving grievances and conflicting issues. Regarding EMs, culturally appropriate decisions should be made to find acceptable solutions.



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5. Implementation arrangements

Implementation of the Resettlement activities requires participation of organizations and local agencies at all levels. The PPC has the key responsibility in implementation of the general Policy Framework and Resettlement Plan of the subproject. The Provincial/district Compensation Assistance and Resettlement Boards will be established in line with regulations of Decree 197/2004/CP, Decree 84/2007/CP and Decree 69/2009/CP. Terms and policies of the Policy Framework and these abbreviated Resettlement Plans provide the legal basis for implementation of the compensation and resettlement activities in the Vietnam Irrigated Agricultural Improvement Project-IAIP in Hoa Binh province.

5.1 Central level

The Ministry of Agriculture and Rural Development (MARD), on behalf of the Government, is the main unit responsible to direct the implementation of the whole project.

The Central Project Office (CPO) under MARD is assigned by the Ministry to be project investor, having the general responsibility land acquisition and resettlement in the project, including:

Co-operate with Hoa Binh PPC to direct the implementation of compensation and resettlement, ensuring compliance with regulations in RPF and in accordance with construction progress.

Organize training and capacity strengthening for the PPMU of Hoa Binh province and the District Resettlement Committees (DRC) in implementation procedures of RPF and RAP.

Coordinate with the PPMU to conduct internal monitoring on the implementation of compensation and resettlement in the whole project.

Recruit and coordinate the resettlement independent monitoring agency for the whole project.

Report periodically resettlement issues to MARD and WB.

5.2 Provincial level: Hoa Binh Provincial People’s Committee

Hoa Binh PPC is responsible for site clearance, compensation and resettlement within Hoa Binh province. Responsibilities of Hoa Binh PPC consist of:

Inform or authorize the District People’s Committees to conduct information disclosure about land acquisition right after the subprojects’ positions are selected.

Issue decisions on land acquisition of the agencies.

Approve the Resettlement Action Plan of the subproject.

Approve the compensation plans of the subprojects according to regulations of the government on compensation, assistance and resettlement as well as the involuntary resettlement policies (OP4.12) of the World Bank.

Approve the master land acquisition plan.

Direct the District People’s Committees in implementation of compensation, resettlement and site clearance.

Allocate the budget for compensation payment sufficiently and in timely manner.



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5.3 Hoa Binh Provincial Project Management Project (PPMU)

The PPMU is responsible for the construction component of the project: the PPMU will manage the implementation of compensation and site clearance in the project, including:

Submit RAP of the subprojects prepared during the project implementation to the PPC and the World Bank for approval before compensation payment is conducted.

Closely coordinate with the Departments and People Committees of the districts in the project in resettlement and site clearance in order to ensure that resettlement and site clearance are implemented in accordance with the construction plan.

Internally monitor the preparation and implementation of the RAP in subprojects; prepare quarterly progress report on compensation and resettlement implementation to CPO.

5.4 District level

The District People’s Committee has the following responsibilities:

The DPC directs the District Resettlement Committee, District’s Land Fund Development Centre and People’s Committees of the affected communes in implementation of the compensation, resettlement and site clearance.

Approve the compensation plans submitted by the District Resettlement Committees.

Issue decisions on land acquisition of individuals and households.

Settle the complaints and grievances of affected people at district level.

The Compensation, Assistance and Resettlement Committee (referred to as District Resettlement Committee-DRC) is responsible for implementing compensation and site clearance for construction in district area, including:

Carry out replacement cost survey in the district area.

Coordinate with the Commune People’s Committees to implement information dissemination and consultation with the affected people’s community.

Conduct the DMS and prepare compensation plans for APs and submit them to Provincial/District People’s Committees for its review.

Coordinate with the PPMU and People’s Committees of the affected communes to implement compensation payment and site clearance.

Settle complaints of affected people and assist the District People’s Committees to address grievances of affected people.

5.5 Communal level and affected community

Responsibilities of the Communal People’s Committee include:

Provide the cadastral map for the DCARBs and assign officials to participate in the DMS team.

Coordinate with the DRC to implement information dissemination and public consultation.

Settle complaints of affected people related to DMS of their assets.

Create conditions and assist affected households in livelihood restoration and life stabilization.



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5.6. Community level

The affected communities assign their own representatives to participate in the DMS team in order to monitor the implementation process and sign on the DMS minutes of the households.

6. Monitoring and evaluation

6.1. Internal monitoring

Internal Monitoring on the implementation of the RAP for subprojects is the responsibility of the project implementation agencies with support from the project consultants. CPO and PPMU will monitor the progress of resettlement preparation and implementation through frequent progress reports.

Key criteria of internal resettlement monitoring include:

Compensation payment for affected households for the different types of damage pursuant to the compensation policies described in the resettlement plans

Implementation of technical assistance, relocation, allowance payment and relocation support.

Implementation of income recovery and entitlement to recovery support.

Dissemination of information and consultation procedures.

Monitoring of complaint procedures, existing problems that require the manageable attention.

Prioritizing affected persons on the proposed selections.

In coordination to complete RP activities and award construction contract.

CPO and PPMU will collect information monthly from different DRCs. An information database of monitoring on resettlement implementation in the Project will be maintained and updated every month.

CPO will submit an internal monitoring report on implementation status of Resettlement Plan to WB as a part of the quarterly report submitted to WB. Internal monitoring reports will include but are not limited to the following information:

Number of displaced persons and categories, status of compensation payment and relocation of APs.

Amount of budget allocated to different activities and/or compensation payment to APs and status of disbursement of each activity.

Results of complaint handling and any pending issues that require management attention and action

Concerns and needs raised during the implementation.

Updated progress of actual resettlement implementation.

6.2 External monitoring

The main objective of external resettlement monitoring is to provide an independent periodic review and assessment of the achievement of resettlement objectives; changes in living standards and livelihoods; restoration of the economic and social base of the displaced persons; effectiveness and sustainability of entitlements; the need for further mitigation



38

measures as required and drawing lessons learnt for design of policies and plans in the future.

CPO will employ an Independent Monitoring Agency (IMA) with expertise in social sciences and experiences in independent monitoring of resettlement in order to monitor and evaluate the RAP implementation. IMA will be mobilized right after the project implementation is started.

The following indicators will be monitored and evaluated by the IMA, including but not limited to:

Payment of compensation will be as follows: a) full payment to be made to all affected persons sufficiently before land acquisition; (b) adequacy of payment to replace affected assets

Provision of assistance for DPs who have to rebuild their houses on their remaining land, or building their houses in new places as arranged by the project, or on newly assigned plots.

Support for recovering income sources.

Community consultation and public dissemination of compensation policy: (a) DPs should be fully informed and consulted about land acquisition, leasing and relocation activities; (b) the IMA should attend at least one community consultation meeting to monitor community consultation procedures, problems and issues that arise during the meetings, and propose solutions; (c) public awareness of the compensation policy and entitlements will be assessed among the DPs; and (d) assessment of awareness of various options available to DPs as provided for in the RPs.

Affected persons should be monitored regarding restoration of productive activities.

DPs’ satisfaction on various aspects of the RP will be monitoring and recorded. Operation of the complaint mechanism and speed of complaint settlement will be monitored.

Through the implementation, trends on living standard will be observed and surveyed. Any potential issues in the recovering living standard are reported and suitable measures will be proposed to ensure the project objectives.

7. Cost estimate and budget

7.1. Budget source for resettlement

All cost for compensation, assistance and resettlement for impacts on land and assets on land of the subprojects is from corresponding budget of the project/Hoa Binh province.

7.2. Compensation at replacement cost

Compensation price will be established with replacement cost based on market price. The replacement cost is built based on the replacement cost survey and cost updating methods when there is market fluctuation. The replacement cost is approved by People’s Committee of the locality where the subproject is implemented; the cost will be updated continuously to ensure that affected people are compensated at replacement cost at the payment time.

7.3 Resettlement cost

Estimated cost for RAP implementation is VND 3,197,842,375 (equivalent to USD 152,278.21 under the exchange rate USD 1 = VND 21,000). Table 12 below presents cost based on affected categories.



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Table 4. Cost estimate for compensation, assistance and resettlement

No. Category Unit Quantity Unit cost (average)

Total cost (VND)

A Compensation for Land 624 33,982,000

I Residential land - -

1.1 Mai Chau District - -

1.1.1 Pieng Ve Commune VND/m2 - -

1.1.2 Xam Khoe Commune VND/m2 - - -

1.2 Tan Lac District

1.2.1 Thanh Hoi Commune

II Land for growing annual crops

624 33,982,000

2.1 Mai Chau District 409 18,609,500

2.1.1 Pieng Ve Commune VND/m2 - - -

2.1.2 Xam Khoe Commune VND/m2 409 45,500 18,609,500

2.2 Tan Lac District 215 15,372,500

2.2.1 Thanh Hoi Commune VND/m2 215 71,500 15,372,500

III Land for growing perennial crops

- -

3.1 Mai Chau District - -

3.1.1 Pieng Ve Commune VND/m2 - 34,500 -

3.1.2 Xam Khoe Commune VND/m2 - -


3.2.1 Thanh Hoi Commune VND/m2

B Compensation for trees - 4,200,000

I Mai Chau District - 4,200,000

1 Pieng Ve Commune Tree - 4,200,000

2 Xam Khoe Commune Tree - -

II Tan Lac District

1 Thanh Hoi Commune Tree

C Compensation for crops - 2,436,600


1 Pieng Ve Commune VND/m2 - 120,000

2 Xam Khoe Commune VND/m2 - 1,478,100

II Tan Lac District 838,500



40

1 Thanh Hoi Commune VND/m2 215 3,900 838,500

D Assistances - 657,256,000


1 Pieng Ve Commune VND/m2 - 23,040,000

2 Xam Khoe Commune VND/m2 - 535,028,500

II Tan Lac District 99,187,500

1 Thanh Hoi Commune VND/m2 99,187,500

E Public 37,091 1,564,017,000

F Sum(A+…+E) 2,261,891,600

G Administration and implementation cost (2% of F)

% 2 45,237,832

H Independent monitoring cost

600,000,000

I Sum (F+G+H) 2,907,129,432

J Contingency (10% of I) % 10 290,712,943

K Grand Total (VND) 3,197,842,375

Grand Total (USD) 152,278.21

Exchange rate: USD 1 = VND 21,000

8. Implementation plan

Implementation procedures of compensation and resettlement need to comply with regulations and procedures in Decree 69/2009/ND-Cp of the Government and regulations described in the RPF.

Detailed implementation plan of the subproject is built based on the implementation plan of construction. Specifically:

Table 5. Plan for preparation and implementation of the Resettlement Action Plan

Activities Timeframe

1. Preparation

1.1. The final draft of RP will be submitted to CPO and WB for consideration and comments

End of May 2013

1.2. Update RAP according to comments of WB and CPO. June-August 2013

1.3. The PPC will approve RAP December 2013

1.4. Disclose RAP to Districts and affected communes Jan-Feb 2014

2. Implementation From 2014 to 2015



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2.1. Information dissemination Start when DMS is carried out.

2.2. Detailed measurement survey (DMS) First Quarter of 2014

2.3. Prepare Compensation plans for all households Second Quarter of 2014

2.4. Authorized agencies review and approve the Compensation plans

Second Quarter of 2014

2.5. Disseminate the approved compensation plans to the affected households

Third Quarter of 2014

2.6. Payment of compensation and assistance for the affected households

Third Quarter of 2014

2.7. Relocation Fourth Quarter of 2014

2.8. Hand over land and assets to the PMU and construction activities are started.

First Quarter of 2015

2.9. Complaints/grievances and complaints/grievances redress

Any time when there is complaint/grievance

2.10. Select the IMA End of First Quarter and Beginning of Second Quarter of 2014

2.11. Mobilize the IMA Second Quarter 2014.



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ANNEX 1. SUMMARY OF CONSULTATION MEETING MINUTE WITH STAKEHOLDERS

Location Date Participant Summary of people’s opinions

Xam Khoe Commune

16/5 28 participants form AHs and representative of the commune authorities, including 10 male and 18 female.

Pham Van Chien- Vice president of CPC

Bui Van Dam- Secretary of Party Department of Xuan Tien Commune

9 poor households and 02 Thai ethnic households.

- Because the irrigation project is designed according to the existing canal, land acquisition is not significant and there is no major influence on the households’ income from agriculture. If the canal building is for irrigation to increase productivity, the people are very happy and support the land acquisition for it.

- This hydraulic pump station was built before 1972, for irrigation for Xuan Tien village with irrigation area of 8ha. The station has been used for electricity generation until 1998 when there is National electricity grid and for husking until 1990.

- New hydraulic pump station following design of WB7 project is responsible for irrigation.

- Because the route is based on existing canal; there is only one new canal of length of 450m that traverses agricultural land for rice and crops growing (1 rice harvest and 1 peanut harvest).

- Local people are very excited and wish the project can be done the sooner the better. Because annually, there is a lack of water for agricultural production during Chiem Xuan harvest; the households in the village are farmers only, earning their livelihoods mostly from agriculture. The village has no auxiliary or traditional job and only some households have children who go far away or outside of the district to do business.

- We agree with the agricultural land acquisition, but we lost the land permanently not for one year. Therefore, we propose the project to compensate for us permanently.

- We are at remote area, cared for rebuilding this construction; we are really excited and thankful. About the compensation, we agree with the construction. If the canal can be rebuilt, we can use it permanently.

- People proposed that if digging affected people’s crops, there should be compensation for them.

- Current canal is using transportation’s ditch, therefore later reconstruction has to encroach the people’s land.

- The project is proposed to investigate more and build a canal connecting to the field namely Hien to irrigate two sides.

- People worry that if the project is not completed, there will be no water for irrigation.



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Pieng Ve Commune

14/5 Ha Van Nhuong-President; Ha Van Thinh - Vice president;

Ha Van Thiet-Communal cadastral; Ha Van Nhan-Bang Village header

- The work is in the Bang village area of the commune. The locality expects that the project can be implemented soon because Bai dam and canal were built in 1969 and are now degraded due to erosion and sedimentation. According to the project design, the canal was built completely on land area of the existing canal. If the dam is rebuilt and the canal is solidified, the people are very excited.

Thanh Hoi 15/5 - There are 2 constructions in the commune, including Hydraulic pump station and Suoi Hai Lake in Nhot village. The Hydraulic pump station was built in the 1970s and is now degraded seriously. Some parts of the main canal, which were solidified before, are now seriously damaged, so there are leakages and lack of water. Many parts of the main canal and branch are currently still soil, which have yet been solidified, so there are likely erosion, sedimentation and coverage of the canals, which affect irrigation for rice and other crops.

- The project is proposed to implement soon to help people ensure the irrigation. Impacts of land acquisition on the people are not serious, because most of existing canals are soil, only a part of rebuilt canal traverses about 09 households. We expect the project to inform us before acquiring the land and compensate for our crops if there are impacts.



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ANNEX 2. LIST OF PARTICIPANTS IN CONSULTATION

LIST OF PARTICIPANTS IN CONSULTATION MEETING AT COMMUNE LEVEL

No. Name Address Position/Occupation

Interview date

1 Vì Van Tit Mai Hich Commune

President of CPC 14/05/2013

2 Luong Van Nang Mai Hich Commune

Cadastral 14/05/2013

3 Kha Van Thiet Mai Hich Commune

President of cooperative 14/05/2013

4 Nguyen Van Nhien Mai Hich Commune

Leader of Hai Son village 14/05/2013

5 Vi Van On Mai Hich Commune

Leader of Den village 14/05/2013

6 Bui Van Tho Gia Mo Commune


7 Bui Van Phuong Gia Mo Commune


8 Bui Van Thong Gia Mo Commune

Official of transportation – irrigation department

15/05/2013

9 Ha Van Danh Gia Mo Commune

Leader of Tram village 15/05/2013

10 Bui Van Bich Lo Son Commune


11 Bui Van Khiem Lo Son Commune


12 Bui Van Dung Lo Son Commune

Official of Agricultural and Forestry department

15/05/2013

13 Bui Van Luong Lo Son Commune

Leader of Cung village 15/05/2013

14 Bui Van Thang Do Nhan Commune


15 Bui Van Dang Do Nhan Commune


16 Bui Hong Thanh Do Nhan Commune

Official of transportation – irrigation department

15/05/2013

17 Bui Van Cuong Do Nhan Commune

Leader of Ta village 15/05/2013

18 Quach Van Khoa Tan My Commune


19 Bui Van Phuc Tan My Commune


20 Bui Van Binh Tan My Commune

Leader of Nai village 15/05/2013

21 Ha The Hung Xam President of CPC 16/05/2013



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KhoeCommune

22 Luong Van Hung Xam Khoe Commune


23 Mai Duc Chinh Xam Khoe Commune

Leader of Xuan Tien village

16/05/2013

24 Nguyen Ngoc Thuy Cao Phong Commune


25 Nguyen The Anh Cao Phong Commune

Vice president of CPC 16/05/2013

26 Pham Thi Phuong Nam Cao Phong Commune


27 Hoang Quoc Tan Tan Vinh Commune


28 Dinh Van Loi Tan Vinh Commune

Vice president of CPC 16/05/2013

LIST OF PARTICIPANTS IN CONSULTATION AT COMMUNITY

No. District/Commune No. of

affected households

Meeting date

Location No. of participants

Including

M F

I Mai Chau District 38

32 12 20

1 Pieng Ve Commune 04 13/05 04 02 02

2 Xam Khoe Commune 38 16/05 Xuan Tien hamlet hall

28 10 18

II Tan Lac District 09 05 02 03

3 Thanh Hoi Commune 09 15/05 Nhot Hamlet 05 02 03

Total 51 37 14 23



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ANNEX 3. SOME IMAGES OF THE CONSULTATION

Current status of canal at Nai Hydraulic pump station at Tan My Commune

Current status of canal at Hai Son Hydraulic pump station at Mai Hich Commune

Current status Ta Hydraulic pump station at Do Nhan Commune

Current status Cung Hydraulic pump station at Lo Son Commune

Household participating in the consultation is giving opinions.

Image of consultation at Xam Khoe commune



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ANNEX 4: ESTIMATED COST OF COMPENSATION, ASSISTANCE

Table 1: Estimated cost of compensation, assistance and resettlement

No. Item Unit Number (Average) Unit price

Amount (VND)

A Compensation for land 624

33,982,000

I Residential land -

-

1.1 Mai Chau District -

-

1.1.1 Pieng Ve Commune VND/m2 -

-

1.1.2 Xam Khoe Commune VND/m2 - - -


1.2.1 Thanh Hoi Commune

II Land for annual plants 624

33,982,000

2.1 Mai Chau District 409

18,609,500

2.1.1 Pieng Ve Commune VND/m2 - - -

2.1.2 Xam Khoe Commune VND/m2 409 45,500 18,609,500

2.2 Tan Lac District 215

15,372,500

2.2.1 Thanh Hoi Commune VND/m2 215 71,500 15,372,500

III Land for perennial plants -

-

3.1 Mai Chau District -

-

3.1.1 Pieng Ve Commune VND/m2 - 34,500 -

3.1.2 Xam Khoe Commune VND/m2 -

-


3.2.1 Thanh Hoi Commune VND/m2

B Compensation for plants -

4,200,000

I Mai Chau District -

4,200,000

1 Pieng Ve Commune Plant -

4,200,000

2 Xam Khoe Commune Plant -

-

II Tan Lac District

1 Thanh Hoi Commune Plant

C Compensation for crops -

2,436,600


1,598,100

1 Pieng Ve Commune VND/m2 -

120,000

2 Xam Khoe Commune VND/m2 -

1,478,100

II Tan Lac District

838,500

1 Thanh Hoi Commune VND/m2 215 3,900 838,500

D Assistance -

657,256,000


558,068,500

1 Pieng Ve Commune VND/m2 -

23,040,000



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2 Xam Khoe Commune VND/m2 -

535,028,500

II Tan Lac District

99,187,500

1 Thanh Hoi Commune VND/m2

99,187,500

E Public land 37,091

1,564,017,000

F Sum (A+…+E)

2,261,891,600

G Management and implementation costs (2% of G)

% 2

45,237,832

H External monitoring cost

600,000,000

I Sum (G+H+I)

2,907,129,432

J Redundancy cost (10% of K) % 10

290,712,943

K Total (VND)

3,197,842,375

Total (USD)

152,278.21

Exchange rate: 1 USD=21,000VND

Table 2: Compensation for plants

No. District/ Ward/ Commune Unit Number Unit price

Amount (VND)


4,200,000

1.1 Pieng Ve Commune 14

4,200,000

Meliaazedarach

VND/ Plant 14

300,000 4,200,000

1.2 Xam Khoe Commune -

-

Meliaazedarach

VND/ Plant

300,000 -

Total 14

4,200,000

Table 3: Compensation for crops

No. District/ Ward/ Commune Unit Number Unit price Amount (VND)


1,478,100

1 Pieng Ve Commune -

-

Corn VND/m2 - 4,000 -

Peanut VND/m2 - 3,900 -

2 Xam Khoe Commune 379

1,478,100

Corn VND/m2 - 4,000 -

Peanut VND/m2 379 3,900 1,478,100

II Tan Lac District 215 - 838,500

1 Thanh Hoi Commune VND/m2 215

838,500



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Corn VND/m2 - 4,000 -

Peanut VND/m2 215 3,900 838,500

Total 594 - 2,316,600

Table 4: Assistance

No. Item Unit Number Unit price Amount

I Mai Chau District

558,068,500

1 Pieng Ve Commune

23,040,000

1.1 Assistance for living and production stabilization

1.1.1

Acquisition from 20% to 30% and from 30% to 70% of using agricultural land People -

-

a Do not have to relocating

-

b Have to relocating -

-

1.1.2 Acquisition of above 70% of using agricultural land People -

a Do not have to relocating -

-


-

1.2 Assistance for changing and creating jobs VND/m2 - 126,000 -

1.3 Assistance for vulnerable group

Poor households VND/

household

Vulnerable households VND/

household 4 5,760,000 23,040,000

1.4 Reward for high progress VND/

household

-

Productive land VND/

household - 2,000,000 -

2 Xam Khoe Commune

535,028,500


1.1.1


-


-


-



-


-



50

1.2 Assistance for changing and creating jobs VND/m2 409 136,500 55,828,500


-


household 5 69,120,000 345,600,000


household 10 5,760,000 57,600,000


household

-


household 38 2,000,000 76,000,000

II Tan Lac District

99,187,500

1 Thanh Hoi Commune

99,187,500


1.1.1


-


-


-



-


-

1.2 Assistance for changing and creating jobs VND/m2 215 136,500 29,347,500



household


household 9 5,760,000 51,840,000


household

-


household 9 2,000,000 18,000,000

Total 657,256,000

abbreviated resettlement action...

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