land acquisition and compensation planxamneua village (one of the villages of xamneua town). 920 m2...

Land Acquisition and Compensation Plan

March 2019

Lao PDR: Additional Financing of Water Supply and Sanitation Sector Project (Xamneau Subproject)

Prepared by the Department of Water Supply, Ministry of Public Works and Transport for the Asian Development Bank. This is an updated version of the draft originally posted in September 2018 available on https://www.adb.org/sites/default/files/project-documents/45301/45301-003-rrp-en.pdf.

https://www.adb.org/sites/default/files/project-documents/45301/45301-003-rrp-en.pdf

https://www.adb.org/sites/default/files/project-documents/45301/45301-003-rrp-en.pdf

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CURRENCY EQUIVALENTS (as of 18 March 2019)

Currency unit – kip (LAK)

LAK1.00 = $0.0001152 $1.00 = LAK 8,679

ABBREVIATIONS

ADB Asian Development Bank AH affected household AP affected person CPI Committee for Planning and Investment DHUP Department of Housing and Urban Planning DBH diameter and breast height of tree DMS detailed measurement survey DONRE Department of Natural Resources and Environment DPWT Department of Public Works and Transport DRC district resettlement committee DWS Department of Water Supply EA executing agency EIA environmental impact assessment EM entitlement matrix EMHH ethnic household other than Tai-Kadai EMP environmental management plan FHH female headed household GAP gender action plan HH households IA implementing agency IEE initial environmental examination IEM independent external monitoring IMA independent monitoring agent IOL inventory of losses IPSA initial poverty and social assessment Lao PDR Lao People's Democratic Republic LAR land acquisition and resettlement LACF (P) land acquisition and compensation framework (plan) LWU Lao Women’s Union MPWT Ministry of Public Works and Transport OPWT Office of Public Works and Transport PCS project steering committee (national) PCU project coordination unit PIA project implementation assistance consultant PIB public information booklet PIU project implementation unit PM prime minister PNP provincial nam papa PPSC provincial project steering committee PRC provincial resettlement committee

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RCS replacement cost survey RF resettlement framework ROW right of way

RP resettlement plan SES socio-economic survey SMMP social management and monitoring plan STEA [Former] Science Technology and Environmental Agency STDP Small Towns Development Sector Project STWSP Small Towns Water Supply and Sanitation Sector Project TA technical assistance TOR terms of reference UDAA Urban Development Administration Authority VEI village environmental improvements VRC village resettlement committee WATSAN Water and Sanitation Unit WB World Bank WREA Water Resources and Environmental Agency (created 23

July 2007) WSSP Water Supply and Sanitation Sector Project WTP water treatment plant Y year

WEIGHTS AND MEASURES ha – hectare Lpcd – liters per capita per day L/s – liters per second m – meter m2 – square meter m3/day – cubic meters per day sqm – square meter

NOTE

In this report, "$" refers to United States dollars.

This land acquisition and compensation plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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TABLE OF CONTENTS

Executive Summary ................................................................................................................. 1

1. Background ......................................................................................................... 1

2. Planned Civil Works ............................................................................................ 1

3. Land Acquisition and Resettlement Impacts ........................................................ 2

4. Severely Affected APs ........................................................................................ 3

5. Policy Framework ............................................................................................... 3

6. Information Dissemination and Consultations ..................................................... 3

7. Land Acquisition and Resettlement Costs ........................................................... 4

8. Institutional Arrangements .................................................................................. 4

9. Monitoring ........................................................................................................... 4

I. Background .................................................................................................................. 5

II. Subproject Description ................................................................................................ 6

2.1 Water Supply System ......................................................................................... 6

2.2 Drainage Improvements ...................................................................................... 7

2.3 Village Environmental Improvements .................................................................. 7

III. Scope of LAR ................................................................................................................ 7

3.1 Sub-project Eligibility ........................................................................................... 7

3.2 Measures to Minimize Land Acquisition .............................................................. 7

3.3 Land Acquisition and Losses .............................................................................. 7

3.3.1 Land Acquisition ...................................................................................... 7 3.3.2 Loss of Houses or Structures .................................................................. 9 3.3.3 Loss of Crops and Trees ......................................................................... 9 3.3.4 Disruption of Businesses ......................................................................... 9

3.4 Socio-Economic Profile ......................................................................................10

3.4.1 Socio-Economic Profile of sub-project Area ............................................10 3.4.2 Socio-Economic Profile of Affected People .............................................11 3.4.3 Vulnerable APs.......................................................................................12 3.4.4 Severely Affected APs ............................................................................12

IV Policy Framework and Entitlements ..........................................................................12

4.1 Policy Framework ..............................................................................................12

4.2 Project Principles ...............................................................................................14

4.3 Eligibility for Compensation and Other Assistance .............................................15

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4.4 Voluntary Land Contribution ...............................................................................16

4.5 Entitlement Matrix ..............................................................................................16

V Compensation, Relocation and Rehabilitation Arrangements .................................22

5.1 Compensation Arrangements.............................................................................22

5.1.1 Permanent Land Acquisition ...................................................................22 5.1.2 Temporary Land Acquisition ...................................................................22 5.1.3 Voluntary Land Contributions .................................................................23 5.1.4 Affected Trees ........................................................................................23 5.1.5 Affected Structures .................................................................................23 5.1.6 Disruption of Businesses ........................................................................23 5.1.7 AP Preferences and Concerns for Compensation and Resettlement ......23 5.1.8 Relocation strategies ..............................................................................23 5.1.9 Rehabilitation Allowances .......................................................................23 5.1.10 Ethnic Group and Gender Arrangements................................................24

VI Due Diligence during the DMS ....................................................................................25

VII Information Disclosure, Consultation and Grievance Redress ................................25

7.1 LACP Information Dissemination and Consultations ..........................................25

7.2 Information Disclosure .......................................................................................26

7.3 Grievance Redress Mechanism .........................................................................26

VIII Resettlement Costs .....................................................................................................28

8.1 Source of Resettlement Funds ...........................................................................28

8.2 Compensation and Allowance Rates..................................................................28

8.3 Resettlement Costs ............................................................................................28

IX INSTITUTIONAL ARRANGEMENTS ............................................................................29

X Monitoring ....................................................................................................................30

10.1 Internal Monitoring for the Sub-project ...............................................................30

10.2 External Monitoring of AHs ................................................................................31

XI Implementation Schedule ...........................................................................................31

11.1 For Feasibility Study ..........................................................................................32

11.2 Resettlement Steps Scheduling from DMS to Construction ................................32

Tables

Table 1: Summary of Affected Households ..................................................................... 9 Table 2: Xamneua Core Villages Population Characteristics ........................................10 Table 3: Land Acquisition, Compensation and Resettlement Principles .........................14 Table 4: Categories of APs ............................................................................................15

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Table 5: WSSP Entitlement Matrix .................................................................................16 Table 6: LACF Grievance Redress Procedures .............................................................27 Table 7: below summarizes the sub-project's resettlement costs. .................................28

Attachments

Attachment 1: Village Impacts .......................................................................................34 Attachment 2: Cost Recovery Survey ............................................................................35 Attachment 3: IOL Xamneua .........................................................................................36 Attachment 4: Consultations with Stakeholders –Xamneua ...........................................37 Attachment 5: Declaration for Affected Persons .......................................................... 111 Attachment 6: Form for Consultation with no longer Aps ............................................. 113 Attachment 7: Receipt of Compensation Payment for Affected Persons ...................... 114 Attachment 8: Form Distribution of PIBs ...................................................................... 115 Attachment 9: Lao Laws and Regulations and ADB policy and guidelines regarding involuntary resettlement .............................................................................................. 116 Attachment 10: Public Information Booklet .................................................................. 119

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Xamneua Subproject Plan

1

Executive Summary

1. Background

1. The original scope of the Small Towns Water Supply and Sanitation Project (STWSP) aimed to provide safe, reliable and affordable piped water supplies, drainage improvements and village environmental improvements in 13 small district towns throughout the Lao PDR. It was formulated as a sector investment project requiring the towns and the provincial authorities to demonstrate their commitment to the Project and its associated reforms, thus encouraging a demand-driven approach. In 2017, savings under STWSP were approved to carry out Feasibility Study and Detailed Design for two sample subprojects, Xamneua and Sopbao, to be financed and implemented under Additional Financing to the Water Supply and Sanitation Sector Project (WSSP), referred to as the current project.

2. The impact of the current project is stated as expanded access to quality and reliable piped water supply and sanitation services for the urban population in the Lao PDR. The outcome will be improved performance of participating PNPs in delivering sustainable water supply and sanitation services.

3. The subproject design focuses primarily on the rehabilitation and expansion of the existing water supply system, but also includes smaller investments in drainage and sanitation to improve local environmental conditions. Significant community participation and project awareness have also been integrated into the subproject design to maximize its potential for achieving its overall goal.

4. The Executing Agency (EA) for the Additional Financing to WSSP is the Ministry of Public Works and Transport (MPWT), with responsibility delegated to a Project Coordination Unit (PCU) established within the Department of Water Supply (DWS). The implementing agency is the Department of Public Works and Transport (DPWT) in Xamneua.

2. Planned Civil Works

5. The water supply scheme aims to provide a piped water supply with individual household connections of 150 Lpcd to all households in 12 core villages1 in Y2021 with a capacity of serving 95% of the number of households estimated to populate Xamneua in 2041 (35,490 persons based on a combined Y2017 population of the 12 villages of 18,676). The proposed water supply scheme comprises of: (i) rehabilitation works at the existing intake on the Huay Hin Men and at the existing WTP (2,500 m3/day); (ii) a new intake on the Nam Sam located northeast of the urban core area; (iii) a new raw water transmission main from the new intake to the WTP; (iv) a new 8,800 m3/day conventional water treatment plant (WTP) located within the compound of the existing WTP, comprising flocculation, sedimentation, rapid gravity filtration, a backwash tank and chlorination facilities, detention ponds, plant office, workshop, store and a small water testing laboratory; (v) a 2000m3 clear water tank located within the same compound; and (vii) around 12.5 km of gravity-fed distribution and reticulation network throughout the twelve core villages.

6. The subproject will improve drainage in Xamneua town, Xamneua District. 30 meters of the existing open unlined secondary drains in the centre of town will be upgraded to open lined secondary drains.

1 Misouk, Nathang, Samneua, Naliew, Navieng, Nanuangboa, Nathongchang, Phanxay, Thadmuang, Phoxay,

Nasakang, Phonkham

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3. Land Acquisition and Resettlement Impacts2

7. The LAR impacts in Xamneua District Town are not significant, or ADB category B as the number of households experiencing significant impacts is nil. Therefore, the sub-project is judged to be eligible for

inclusion in the Project3. A Land Acquisition and Compensation Plan (LACP) and Update has been prepared for minor impacts. The Land Acquisition and Compensation Plan (LACP) has been prepared in compliance with the WSSP policies and procedures including the WSSP Land Acquisition and Compensation Framework4. The current LACP Update contains an estimate of losses based on the DMS.

8. The following sections summarize the extent of land acquisition for development of the water supply system and drainage improvements. This includes the following subcomponents:

(i) The newly proposed raw water supply intake is located on the Nam Sam located in

Xamneua village (one of the villages of Xamneua town). 920 m2 of the District Industry and Commercial Office’s land will be used. A letter to hand over the use of the land to the PNP was written on 2 May 2018 (see end of Attachment 4, p. 69). Water treatment plant: The newly proposed expansion of the water treatment plant site is in Ban Thadmuang at the land of the existing WTP. No Land acquisition is therefore required for the WTP. The new clearwater tank at Ban Phonkham (replacing the existing water tank) is on private land and will require additional land area, so there is a small amount of land acquisition required. This has been agreed with the owner and impacts on 2.2% of his total plot area. The owner has a land title for this land.

(ii) The new raw water transmission main to the water treatment plant will follow the existing 300m access road at the WTP, then follow the main road passing Xamneua, Phoxay and Thadmuang villages to the intake, the last 350m through government owned scrub land.

(iii) A PNP office will be built at the existing WTP site.

(iv) The distribution network will be gravity supplied from the existing and new water tanks at the WTP site. All distribution and reticulation pipes will be located in the rights-of-way of existing roads. Distribution pipes will temporarily use land in front of the houses and shops of 396 AHs who are using that land as entry areas and verandas. The total area for temporary land disturbance in the RoW for pipe laying is 9,141m2 (including 6,570m2 cement, 182m2 fence).

(v) Drain: 30 Meters of the existing open unlined secondary drains in the center of town will be upgraded to open lined secondary drains. All proposed drainage improvements will be in the RoW of existing roads and no land will have to be acquired permanently. Access to properties across the open channel during construction will be provided. Drainage construction will temporarily acquire the use of land (but in RoW) in the entry area of some households5 and could cause some structural or income loss. The situation will be restored by the Project in the same state (or better) as before the works began.

9. 70 Businesses will be temporarily disrupted during trench digging for installation of the

2 For details refer to Tables 1, 2 and in Attachment 1 3 LAR must be not significant for each candidate sub-project town in order for it to meet Project eligibility 4 Prepared by the Ministry of Public Works and Transport, with support from project preparation consultant team

(ADB TA 8150- LAO Water Supply and Sanitation Sector Project). The land acquisition and compensation framework also refers to ADB’s resettlement framework. The LACF was approved by the Ministry of Natural Resources and Environment (MONRE) Minister Certificate No. 5244/MONRE (14 August 2013), and MONRE Department of Social Impact Assessment Letter No. 5083/DESIA (21 August 2013).

5 These have encroached on the ROW, as is common practice and mostly tolerated by the authorities when the land is not required for public works.

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distribution pipes. The business structures are located close to the road in the alignment of the pipes in the RoW. This might disrupt business activities for a short period of 1-3 days for each business. 56 of these businesses will not close during construction because they are selling dry products or items and they expect to have access to their shops with the provided planks. The remaining 14 business may elect to close during pipe laying as they are all selling food or health services/products and will be affected by dust. Fish sellers will not be affected as their fish comes from the Nam Et and their own fish ponds. Fishing around the newly proposed intake is not allowed and strictly adhered to as the area is established as a fish conservation zone by Agriculture and Forestry Section. Therefore there will be no adverse impact on the livelihood of fishermen. The intake will not have any adverse impact on the fish conservation zone as neither water level nor turbidity will change significantly. Interviews with village authorities and villagers about this were conducted in June 2018 and can be found at the end of Attachment 4.

10. 62 Trees of 24 households will be lost.

11. Approximately 414 Households that do not currently have water meters will experience some temporary disturbance during the installation of meters and pipes that are in the ROW in front of their land. Provision for restoration of access and rehabilitation of any groundwork shall be resolved by the contractor, at no cost to the household and is documented within the Environmental Management Plan (EMP).

4. Severely Affected APs

12. In the Xamneua sub-project there are no severely affected households6.

5. Policy Framework

13. The LACP (RP) is guided by the legal framework of the Government of the Lao People’s Democratic Republic (PDR), Asian Development Bank’s (ADB’s) relevant policies and guidelines. The ADB's Safeguard Policy Statement (June 2009), the government’s Law on the Protection of the Environmental, 18 December 2012 (No. 29) and Decree on Compensation and Resettlement Management in Development Projects, 5th of April 2016 (84/PM). Provisions and principles adopted in the Land Acquisition and Compensation Framework (LACF) supplement the provisions of relevant decrees currently in force in the Lao PDR wherever a gap exists. This LACP Update (Resettlement Plan, RP, in ADB terminology) fully complies with all criteria and contents of the LACF and is based on the DMS. The LACP for Additional Financing has been approved by provincial Department of Natural Resources and Environment and endorsed by the ADB.

6. Information Dissemination and Consultations

14. To date, dissemination and consultation activities have occurred as an integral part of the preparation of the LACP. APs are notified and consulted in advance about land acquisition, compensation and resettlement activities for the sub-project, including among others: (i) public meetings, (ii) distribution of PIB, (iii) preparing official lists of eligible APs and their entitlements, (iv) compensation rates and amounts, (v) and, other matters such as the grievance redress mechanism. For a complete overview of consultations see Attachment 4.

6 Severely affected APs are defined as those that (i) lose 10% or more of their productive land, income or other

productive assets; (ii) must relocate and rebuild their house and/or shop on new land; and/or, (iii) where assets are affected only partially but the remaining assets are rendered un-viable for continued use and relocation might necessary for that reason.

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7. Land Acquisition and Resettlement Costs

15. The estimated cost of LAR for the Xamneua sub-project is LAK55,184,800 ($6,578 ) which includes (i) the base LAR costs and, (ii) contingencies of 10% reserve fund. Calculations of the amounts can be found in Attachment 3.

8. Institutional Arrangements

16. The Ministry of Public Works and Transport (MPWT) is the Executing Agency (EA) for the overall Project, which exercises its function through its Department of Water Supply (DWS). The provincial Department of Public Works and Transport (DPWT) is the implementing agency (IA), which exercises some of its responsibilities through the district offices of PWT (OPWT). The LACF of WSSP sets out detailed information on the institutional arrangements for the preparation and implementation of land acquisition, compensation and resettlement for the Project. The PIU has overall responsibility for activities related to land acquisition and compensation of APs. The PIU will work in close collaboration with resettlement committees at the provincial and district levels, as well as with village authorities and mass organization representatives in the core villages.

9. Monitoring

17. The Sub-project will have internal and external monitoring activities. The scope of internal monitoring to be carried out by the PIU assesses (i) compliance with the resettlement policies and procedures and (ii) the availability and efficient use of personnel, material and financial resources; and, identifies the need for (iii) remedial actions to correct any problems that arise.

18. The Independent External Monitoring is responsible for monitoring of all activities related to updating and implementing the LACP; and, to assess whether AHs are able to restore their living conditions, livelihoods and incomes to pre-sub-project levels and, if not, to recommend remedial actions to assist AHs.

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I. Background

1. The Small Towns Water Supply and Sanitation Sector Project (STWSP) was built on the ADB’s current work in the sector, by developing or rehabilitating piped water supplies, complementary drainage and environmental sanitation in 13 priority small district towns. The 13 towns nominated for inclusion in the Project were located in 10 provinces7 throughout the country. They included 9 towns for new water supply systems and 4 towns with existing water supply systems that require rehabilitation to improve service. In 2017, savings under STWSP were approved to carry out Feasibility Study and Detailed Design for two sample subprojects, Xamneua and Sopbao, to be financed and implemented under a proposed Additional Financing to the Water Supply and Sanitation Sector Project (WSSP).

2. The Water Supply and Sanitation Sector Project (WSSP) will improve the performance of provincial water utilities (Provincial Nam Papas or PNPs) and expand access to safe piped water supply and sanitation (WSS) for urban residents in about 11 towns in the Lao PDR. The Project was prepared under Asian Development Bank (ADB) TA 8150-LAO and is the fourth ADB-funded water supply sector project in the Lao PDR, following the Small Towns Water Supply and Sanitation Sector Project (STWSP) which is currently being implemented (2009-2014 with extension till 2018).

3. The Project will build on the Government’s policy of developing small district towns as centers of marketing and agricultural processing, as economic links between rural, national and international markets, and as places offering non-farm employment to the rural poor. By developing these small urban centers, the Government is also seeking to reduce poverty through economic growth and improve geographical equity in urban social infrastructure development.

4. The Project is designed in accordance with the Government’s urban water supply and sanitation sector strategy and investment plan, and will contribute to the Government’s urban sector targets of 80% coverage of piped water supply and 90% coverage of sanitation by 2020. Xamneua subproject will focus primarily on water supply, which is the small towns’ highest development priority, but will also include a small investment in drainage and sanitation to improve living conditions. Significant community participation, health and hygiene promotion activities, and village environmental improvements have been integrated into the Project to maximize its potential for achieving its overall goal. The expected outcome of both STWSP and WSSP is improved access, quality and reliability of water supply and sanitation services in the Project towns.

5. The Project has six integrated outputs (i) strengthened urban water supply and sanitation sector; (ii) developed and rehabilitated water supply systems; (iii) improved drainage and public sanitation; (iv) enhanced community action and participation; (v) enhanced gender equity in urban water supply and

sanitation; and (vi) improved capacity for project implementation and operation and maintenance.

6. The Ministry of Public Works and Transport (MPWT) is the Executing Agency (EA) for the overall Project, which exercises its function through its Department of Water Supply (DWS). The EA delegates responsibility to a Project Coordination Unit (PCU) established within the Department of Water Supply (DWS). The provincial Department of Public Works and Transport (DPWT) is the implementing agency (IA), which exercises some of its responsibilities through the district office of PWT (OPWT).

7. The initial Land Acquisition and Compensation Plan (LACP) for Xamneua Town in Houaphan Province is prepared based on an assessment of the land acquisition and resettlement (LAR) impacts during the sub-project Feasibility Study between June and November 2017. This Updated LACP was

7 Bokeo, Luang Namtha, Champasak, Savannakhet, Saravane, Sekong, Attapeu, Houaphan, Vientiane

Province, Xayabouri

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amended for the Additional Financing based on an ADB mission in February 2018. Finally the current LACP Update is based on the DMS conducted in May 2018 with additional consultations in June 2018. The LAR impacts in Xamneua are not significant8, or ADB category B. The purpose of the LACP is to ensure that all affected people (APs) will be compensated at replacement cost at current market value for their losses, and provided with rehabilitation measures so they are at least as well off as they would have been in the absence of the Project. The LACP (i) identifies the legal and policy frameworks of the Lao Government and appropriate ADB guidelines; (ii) sets out procedures and policies on LAR to guide mitigation of impacts during project implementation; (iii) identifies an IOL; and (iv) includes an estimated budget for implementing the compensation plan. The LACP for Additional Financing has been approved by both the ADB and the provincial Department of Natural Resources and Environment and has been updated based on the latest DMS. The number of affected Households will likely increase however as the impacts will be linked to the smaller pipes of the distribution network but there is no anticipated land acquisition and these impacts are to be managed by the contractor as provided within the EMP.

8. The LACP should be read together with the Land Acquisition and Compensation Framework (LACF)9 on the definition of terms, legal framework, project principles, voluntary contributions, entitlements, roles and responsibilities of EA, PCU, PIU and consultants, payment procedures, reserve fund, internal and external monitoring procedures and reporting. A summary of the RF has been distributed to the sub-projects before starting the inventory of losses. The current LACP Update contains the sub-project’s specific information and an estimate of losses based on the latest DMS.

II. Subproject Description

2.1 Water Supply System

9. The subproject works in Xamneua will include the rehabilitation and expansion of the town’s water supply system, drainage and sanitation works and financial and technical assistance for village

environmental improvements in 12 core villages10.

10. The water supply scheme aims to provide a piped water supply with individual household connections of 150 Lpcd to all households in 12 core villages in Y2021 with a capacity of serving 95% of the number of households estimated to populate Xamneua in 2041 (35,490 persons based on a combined Y2017 population of the 12 villages of 18,676). The proposed water supply scheme comprises of: (i) rehabilitation works at the existing intake on the Huay Hin Men and at the existing WTP (2,500m3/day); (ii) a new intake on the Nam Sam located northeast of the urban core area which is within a recently established fish conservation zone ; (iii) a new raw water transmission main from the new intake to the existing WTP compound; (iv) a new 8,800 m3/day conventional water treatment plant (WTP) located within the compound of the existing WTP, comprising flocculation, sedimentation, rapid gravity filtration, a backwash tank and chlorination facilities, detention ponds, plant office, workshop, store and a small water testing laboratory; (v) a 2000 m3 clear water tank located within the same compound; and (vii) around 12.5 km of gravity-fed distribution and reticulation network

8 LAR must be not significant for each candidate sub-project town in order for it to meet Project eligibility (see

further par. 12) 9 Prepared by the Ministry of Public Works and Transport, with support from project preparation consultant team

(ADB TA 8150- LAO Water Supply and Sanitation Sector Project). The land acquisition and compensation framework also refers to ADB’s resettlement framework. The LACF was approved by the Ministry of Natural Resources and Environment (MONRE) Minister Certificate No. 5244/MONRE (14 August 2013), and MONRE Department of Social Impact Assessment Letter No. 5083/DESIA (21 August 2013)

10 Misouk, Nathang, Samneua, Naliew, Navieng, Nanuangboa, Nathongchang, Phanxay, Thadmuang, Phoxay, Nasakang, Phonkham

7

throughout the twelve core villages.

2.2 Drainage Improvements

11. The subproject will improve drainage in Xamneua town, Xamneua District. 30 Meters of the existing open unlined secondary drains in the center of town will be upgraded to open lined secondary drains. The proposed works are designed to: (a) reduce minor flooding of road, footpaths and shops at the market and residential area; (b) drain surface water from the market and residential area, and; (c) eliminate ponding of stagnant, polluted water in drains in the market and residential area.

2.3 Village Environmental Improvements

12. The twelve core villages will engage in a participatory process to identify local needs for drainage, upgrading access roads or other environmental improvements and to select, carry out and maintain these works with financial and technical assistance from the Project but this is not within the subject of this land acquisition and compensation plan.

III. Scope of LAR

3.1 Sub-project Eligibility

13. The policy for the current project is that a candidate sub-project town is eligible for inclusion in the

Project if, in addition to other criteria, the land acquisition and resettlement impacts are not significant11.

14. Village-level impacts for Xamneua are in Attachment 1. The scope of LAR in Xamneua sub-project town is “not significant” as there are no severely affected households. Therefore, the sub-project is judged to be eligible for inclusion in the Project. A Land Acquisition and Compensation Plan (LACP) has been prepared and updated as part of the detailed design process. Any changes in the composition of households, scope of impact or values in compensation will require justification to be presented to ADB and would require a further updated LACP or due diligence.

3.2 Measures to Minimize Land Acquisition

15. The measures taken to minimize land acquisition required for the sub-project include: (i) the WTP and raw water transmission main will be sited on government land; (ii) the distribution and reticulation pipes are, as much as possible, located in the rights-of-way; (iii) all drainage channels will be in the right-of-way of existing roads; (iv) the contractor will hand-dig trenches when pipes have to be laid within an existing structure so that displacing the structure is avoided.

3.3 Land Acquisition and Losses12

3.3.1 Land Acquisition

16. The following sections summarize the extent of land acquisition for development of the water supply system and drainage improvements. This includes the following subcomponents:

Water intake: The newly proposed raw water supply intake is located on the Nam Sam located in Xamneua village (one of the villages of Xamneua town). 920 m2 of the District Industry and

11 Significant meaning more than 200 APs severely affected (relocation, loss of 10% productive assets, and

where assets are affected only partially but the remaining assets are rendered un-viable for continued use and relocation might necessary for that reason (the latter from the Guidelines on Resettlement Compensation (WREA, March 2010)

12 For details refer to Tables 1, 2 and in Attachment 1

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Commercial Office’s land will be used. A letter to hand over the use of the land to the PNP was written on 2 May 2018 (see end of Attachment 4). Nam Sam River’s Management Boundary of Samneu Village

The intake is to be located in the stretch of the Nam Xam that is proposed for the Nam Xam Management Boundary of Xamneua; often referred to as a fish conservation zone (FCZ). In view of this, consultations were conducted in June 2018 and again in August 2018 with a range of stakeholders in Xamneua to assess whether anyone may be adversely impacted, especially with respect to livelihoods. Detailed records of these consultations are in Attachment 4. The stakeholders explained that the FCZ was to be used for fish spawning, nursing and general conservation. Under the FCZ regulations to be administered by the village authorities, all fishing will be prohibited, as will any type of mining or waste discharge. Fishing along the Nam Xam is a leisure activity, and stakeholders do not derive any income from fishing. At the consultations, all villagers, and officers of the district office of agriculture and forestry and natural resources and environment advised that in their opinion the proposed intake would have no impact on any fishing or income. However, the villagers who are the custodians of the FCZ said they would be willing to relocate the FCZ some 800m downstream if it was going to help facilitate the water supply system.

Water treatment plant: The newly proposed expansion of the water treatment plant site is in Ban Thadmuang at the land of the existing WTP. No Land acquisition is required.

The new clear water tank will be near an existing water tank on private land but will require expansion from 3 m2 to 12 m2 and so there is a small amount of land acquisition required. This has been agreed with the owner and impacts on 2.2% of his plot at 80 m2. The owner has a land title for this land.

The new raw water transmission main to the water treatment plant will follow the existing 300m access road at the WTP, then follow the main road passing Xamneua, Phoxay and Thadmuang villages to the intake, the last 350 m through government owned scrub land.

The distribution network will be gravity supplied from the existing and new water tanks at the WTP site. All distribution and reticulation pipes will be located in the rights-of-way of existing roads. Distribution pipes will temporarily use land in front of the houses and shops of 396 AHs who are using that land as entry areas and verandas. The total area for temporary land disturbance in the RoW for pipe laying is 9,141 m2 (including 6,570 m2 cement, 182 m2 fence).

Drain: 30 Meters of the existing open unlined secondary drains in the center of town will be upgraded to open lined secondary drains. All proposed drainage improvements will be in the RoW of existing roads and no land will have to be acquired permanently. Access to properties across the open channel during construction will be provided. Drainage construction will temporarily acquire the use of land (but in RoW) in the entry area of some households13 and could cause some structural or income loss. The situation will be restored by the Project in the same state (or better) as before the works began.

17. Approximately 414 Households that do not currently have water meters will experience some temporary disturbance during the installation of meters and pipes that are within the RoW but in front of their land. Provision for restoration of access and rehabilitation of any groundwork shall be resolved by the contractor, at no cost to the household and is provided within the EMP.

13 These have encroached on the ROW, as is common practice and mostly tolerated by the authorities when the

land is not required for public works.

9

3.3.2 Loss of Houses or Structures

18. 396 Households will have their cement front areas (total 6,570 m2) to their house or business in the RoW broken to make the trench for the water pipes. 29 Households will have to have their fence in the RoW (total of 182 m2) replaced and 1 household will lose a 15m long drainage pipe.

3.3.3 Loss of Crops and Trees

19. Sixty two (62) trees of 24 households will be lost. They are all fruit trees.

3.3.4 Disruption of Businesses

20. Seventy businesses will be temporarily disrupted during trench digging for installation of the distribution pipes. The business structures are located close to the road in the alignment of the pipes in the RoW. This might disrupt business activities for a short period of 1-3 days for each business. 56 Of these businesses will not close during construction because they are selling dry products or items and they expect to have access to their shops with the provided planks. The remaining 14 businesses may elect to close during pipe laying as they are all selling food or health services/products and will be affected by dust. The income of these 14 businesses varies from 500,000 to 32,000,000 Kip per month with profit around 10% of that, depending on the type of business. It was found that businesses selling dry food stuff, retail, machinery, construction material and a rice mill, do not want to close during pipe laying. The contractor will provide planks to ensure access to the businesses during pipe laying. Fish sellers will not be affected as their fish comes from the Nam Et and their own fish ponds. Fishing around the newly proposed intake is not allowed and strictly adhered to as the area is established as a fish conservation zone by Agriculture and Forestry Section. Therefore there will be no adverse impact on the livelihood of fishermen. The intake will not have any adverse impact on the fish conservation zone as neither water level nor turbidity will change significantly. Interviews with village authorities and villagers about this were conducted in June 2018 and can be found at the end of Attachment 4.

21. The table below gives a summary of affected households from the IOL of major works. There will be an additional 414 households that will have meters installed but these impacts will be temporary and minor in nature

The total numbers of AHs are 426 and 2,149 APs as shown in the table below.

Table 1: Summary of Affected Households

Village

Total No. of

HHs by village

No. of AHs from water

supply system

No. of APs from water

supply system

No. of HHS with existing water connections in

Village

No. of HHs

temporarily

affected by

Meter installat

ion

Significant

Impacts

Land Acquisiti

on

Phoxay 330 23 115 256 74 0 0

Thadmuang 593 98 470 372 221 0 0

Naliew 213 27 145 82 131 0 0

Misouk 218 46 246 130 88 0 0

Nanuangboa 225 13 55 283 0 0 0

Phanxay 329 53 299 207 122 0 0

Nasakang 292 15 78 394 0 0 0

Xamneua 294 8 34 294 0 0 0

Nathongchong 235 32 153 233 2 0 0

Nathong 262 89 447 269 0 0 0

10

Navieng 173 21 104 244 0 0 0

Phonkham* 180 0 0 166 14 0 1

Total 3344 425 2146 2930 414 0 1

* 1 AH losing land to reservoir consists of 3 persons

The list of all APs and their affected assets from the IOL are in Attachment 3.

3.4 Socio-Economic Profile

22. Socio-economic profiles have been prepared for the sub-project area and for APs, including data on key indicators related to land acquisition and resettlement impacts. The sources of data on sub-project conditions are the results of the social survey conducted during preparation of the sub-project Feasibility Study (FS) in June 2017. The socio-economic conditions of APs were surveyed during the fieldwork for preparation of the current LACP.

3.4.1 Socio-Economic Profile of sub-project Area

23. Houaphan Province is in the north-east of the LAO PDR, bordering on Vietnam. In 2015 its population was 289,393 persons. To the West and South-West are the provinces of Luang Prabang, and Xieng Khouang respectively. Road No 13 connects Xamneua, the capital of Houaphan, with Vientiane, 594 km away and three roads lead from Xamneua into Vietnam, 70 km away. Xamneua District (population 59,311 in 201714) lies in the central part of Houaphan Province and also contains its capital (Xamneua). The center of Xamneua capital is on the west of the Nam Sam river. Expansion of the town is taking place towards the East of the river where the airport is. The Xamneua sub-project has twelve (12) core villages (i.e. villages that have urban characteristics and population densities that would enable a financially sustainable water supply system to operate), with a total population of 18,67615 (49.39% women) in 3,265 households. A district government survey, a village, and a random sample household survey (185 HHs) were conducted in Xamneua over 2.5 weeks in June-July 2017.

Table 2: Xamneua Core Villages Population Characteristics

Source: Social Survey PIA and District Records, June 2017

24. Xamneua’s inhabitants belong to all three main language groups: Tai-Kadai (79.50%), Khmu

14 District govt. data 15 Information from village level 2017

No Name of villages

Population 2017Poor HH

Male Female Total No % No. HHs % % % Khmu % %

1 Ban Misouk 559 558 1117 218 0 0 16 7.30% 208 95.6 7 3.2 3 1.4 0.00%

2 Ban Nathang 825 713 1538 262 4 1.5 6 2.30% 217 82.8 43 16.4 1 0.4 1 0.40%

3 Ban Samneua 729 718 1447 286 4 1.4 18 6.30% 240 83.9 28 9.8 2 0.7 16 5.59%

4 Ban Naliew 692 612 1304 213 9 4.2 7 3.30% 85 39.9 101 47.4 27 12.7 0.00%

5 Ban Navieng 441 489 930 173 11 6.3 5 2.90% 149 86.1 19 11 5 2.9 0.00%

6 Ban Nanuangboa 718 690 1408 225 13 5.8 15 6.70% 150 66.7 69 30.7 6 2.7 0.00%

7 Ban Nathongchang 645 612 1257 235 0 0 2 0.90% 214 91.1 17 7.2 4 1.7 0.00%

8 Ban Phanxay 914 964 1878 329 0 0 18 5.50% 320 97.3 5 1.5 4 1.2 0.00%

9 Ban Thadmuang 1571 1619 3190 593 4 0.67 42 7.10% 492 83 81 13.4 20 3.4 0.00%

10 Ban Phoxay 880 908 1788 330 6 1.9 17 5.20% 263 79.7 61 18.5 6 1.8 0.00%

11 Ban Nasakang 900 777 1677 292 5 1.7 10 3.40% 208 71.2 28 9.6 56 19.2 0.00%

12 Ban Phonkham 331 322 653 108 1 0.93 2 1.90% 49 45.4 59 54.6 0.00% 0.00%

263 226 489 88 no data no data no data 0 0.00% 0.00%

9,468 9,208 18,676 3,265 57 1.70 158 4.84% 2595 79.48% 518 15.8% 134 4.10% 17 0.52%

No. HHs.

Female headed HH

Thai-Kadai

Hmong-Mien

Viet/ Chinese

Foreign nationals (Chinese and Vietnamese*

11

(4.10%) and Hmong-Mien (15.8%). There are also some Chinese and Vietnamese (around 0.52% according to village chief records but the District Authorities figures indicate 2.6%).

25. The local economy is based on government, services, agriculture and trade. The main income is from government service, with another significant group working in rice cropping and animal breeding (cows, pigs and poultry). and trade. A higher percentage of women worked as traders or small business operators, and a higher percentage of men were government officials, and more women were farmers. Xamneua is also a center of weaving with fibers for which natural pigments are being used which draws customers from all over the world. Even if the weaving itself takes place mostly in rural villages, Xamneua counts many textile shops where the traditional, high quality product, is sold.

26. The average income per person and per household was highest in Nanongbua (resp. 1,581,000 and 8,091,000 LAK), the lowest in Naliew (resp. 578,000 and 3,345,000 LAK). From the data, about 23% of households have a monthly household surplus of less than 100,000 Kip per person.

27. The district poverty rate was given as 11.1% for 2015, for a total of 1,102 HHs16. In the 2015 Census, the percentage of people living under the poverty line in Xamneua District is 30.8%17. Xamneua was not classified as a poor district in the Poverty Statistics Report of 2003 (by National Statistical Centre, the Lao PDR). In the twelve sub-project villages the district government had data on 36 poor HHs (giving a rate of 1.1%), while the twelve village administrations between them had recorded 48 HHs18, giving a rate of 1.6%. However, twelve households in poverty were identified in the villages of the sample survey based upon the government’s income test of 240,000 kip per person per month19, or about 6.5%.

3.4.2 Socio-Economic Profile of Affected People

28. Basic socio-economic information about the AP households is summarized below:

(i) The members of the 426 households have a total of 2,149 persons (with an average of 5.04 person/HH; average of socio-economic survey is 5.72).

(ii) 33 Of the households are female headed (7.75%; 4.8% in the socio-economic survey).

(iii) The AHs belong mainly to the Tai-Kadai language group. 35 (8.22%) belong to the Hmong-Mein language group. Only 1 belongs to the Mon-Khmer language group (0.24% of AHs). Another 18 are Chinese or Vietnamese (4.24%). This shows that mainly people from the main Tai-Kadai group live along the roads where the distribution pipes are being laid and where the affected households are. In the socio-economic survey the ethnic groups add up to 19.98% which is a larger percentage than found along the roads in the center of the villages.

(iv) Shop owners with food or health related services report monthly household incomes from 500,000 to 32,000,000 Kip with profit around 10% of that. Although an eatery can be small, if it is popular, like a noodle shop, it could have a higher income than the larger restaurants. Shops selling dry food stuffs, hardware, electrical equipment and pump stations have reported incomes from 500,000 to 400,000,000 Kip/month depending on size and type.

(v) None of the APs is designated as a poor household by district authorities or by

16 Source: Xamneua District Government 17 Lao PDR 2015 Census-Based Poverty Map – June 2016, WB 18 No data was available for Naliew village 19 Official poverty line by Poverty Decree 309/PMO, 2013

12

themselves whereas there are 1.6% of households from the socio-economic survey who are under the urban villages poverty line. This might be an indication that the families living along the road are better off than families living further from the road.

3.4.3 Vulnerable APs

29. Vulnerable APs20 may be at greater risk due to the impacts of land acquisition and resettlement; as a consequence, they are entitled to additional assistance to help them to restore living and socio-economic conditions if they are severely affected.

30. There are 33 female-headed households (7.75%) amongst the affected households. They are all from the Lao ethnic group except for 1 Hmong and 1 Vietnamese woman.

31. The affected households are mainly under the Tai-Kadai language group. 8.46% of the AHs belong to non-Tai Kadai ethnic groups (35 belong to the Hmong-Mien language group and 1 AH to the Mon-Khmer language group). 4.24% are either Vietnamese or Chinese.

32. None of the households is designated as poor.

3.4.4 Severely Affected APs

33. Severely affected APs are defined as those that (i) lose 10% or more of their productive land, income or other productive assets; (ii) must relocate and rebuild their house and/or shop on new land;

and/or, (iii) where assets are affected only partially but the remaining assets are rendered un-viable for continued use and relocation might necessary for that reason. They are entitled to additional assistance to restore incomes and/or relocate.

34. In Xamneua sub-project there are no severely affected households.

IV Policy Framework and Entitlements

4.1 Policy Framework

35. This Land Acquisition and Compensation (or RP) is guided by the legal framework of the government and Asian Development Bank’s (ADB’s) relevant policies and guidelines (ADB Safeguard Policy Statement (June 2009). Provisions and principles adopted in the LACF supplement the provisions of relevant decrees currently in force in the Lao PDR wherever a gap exists.

36. In particular, the policy framework and entitlements under the current project have been built upon the laws of the government, principally the Constitution (1991) and the Land Law21 (1997, 2003), the Road Law (1999), Advise mandate No 20 by the Secretariat of the Lao Revolutionary Party Committee (dated May 29, 2009), Decree 192/PM on Compensation and Resettlement (July 2005) (now replaced by the Decree on Compensation and Resettlement Management in Development

20 Vulnerable: female headed, ethnic group other than Tai-Kadai, poor 21 The Land Law provides the issuance of a Land Title, which attests provisional ownership rights to use agricultural

as well as forestland (Articles 17-18 and 21-22). Land titling is gradually being undertaken in all towns of the Lao PDR. For Sopbao Town it has been completed for 70% in all core villages for residential (construction) land; land use certificates have been issued for rice and garden land. In the event that Land Titling has not been done yet, APs only have Land Use Rights Certificates (Form 01), Land Tax Payment Receipts and/or Residency Certificates. Form 01 are certificates of land use for taxation and are considered evidence of land use but not as full legal title.

13

Projects, 5th of April 2016 (84/PM), the Regulations for Implementing Decree 192/PM issued by the Science Technology and Environment Agency and Technical Guidelines for Compensation and Resettlement of People Affected by Development Projects (November 2005). Asian Development Bank's (ADB) Safeguard Policy Statement (June 2009) and Public Communications Policy (ADB, 2005 updated in 2011) and the Accountability Mechanism (2012).

37. The overall aim of the above policies is to avoid or minimize the impacts on people, households, businesses and others affected by the land acquisition required by a project. Where resettlement is not avoidable, the overall goal is to compensate and assist affected people (AP) to restore their living standards to levels equal to, if not better than, that they had before the Project. The policy sets out principles for land acquisition, compensation and resettlement.

38. The Lao Government issued a Decree on Environmental Assessment, February 2010 (112/PM) which was followed by the Lao Government's Law on the Protection of the Environment, 18 December 2012 (No. 29). This Decree stipulates that a social management and monitoring plan (SMMP) should be part of the Environmental Assessment and it should define the main social activities, measures on prevention, minimization and mitigation of social impacts, as well as measures on compensation, resettlement and restoration of living conditions of the people who are (will be) affected by the investment project. In March 2010, an update on Technical Guidelines for Compensation and Resettlement (from Nov 2005) was published. This update was prepared in accordance with the provisions of Decree 192, the Implementing Regulations, and the National Policy No. 561 CPI on Environmental and Social Sustainability of the Hydropower Sector in the Lao PDR issued on 7 June 2005. The material presented in these Guidelines is generally culled and assembled from several sources. Major among these include the ADB’s Handbook on Involuntary Resettlement; ADB’s Gender and Resettlement Checklist, February 2003; World Bank’s Source Book on Resettlement; Resettlement Guidelines prepared under ADB TA 3133-LAO, “Strengthening Social and Environment Management in Lao PDR”, July 2000; and Resettlement Guidelines prepared under the WB funded “Hydropower Development Strategy for the Lao PDR” in September 2000. Additionally, information presented in these Guidelines is also drawn heavily from several development projects in the Lao PDR as well as in neighboring countries. Where relevant, international best practice examples are presented in the Guidelines with an objective of bringing these Guidelines to acceptable international standards, without losing focus on the country-specific context. The Guidelines explain in detail the processes and procedures necessary for collection of data, surveys and preparation of various documents in accordance with the provisions of Decree 192 on Resettlement and Compensation. These Guidelines are still valid for the implementation of Decree 84 which is currently replacing Decree 192.

39. Together, the new ADB Safeguard Policy Statement and the Guidelines on implementation of Decree 84 (2016) confirm and strengthen the agreed upon policy on resettlement for the current Project. Both the Lao Law and ADB policies entitle APs to compensation for affected land and non-land assets at replacement cost. Whereas the definition of severely affected APs varies between ADB (OMF2 para 5) at 10% and Decree 192/PM (Article 8) at 20% of income generating assets affected, the new Decree 84/PM does not define severely affected. However, because Decree 84/PM (Article 1) does entitle all APs to economic rehabilitation assistance to ensure they are not worse off due to the Project, just like Decree 192, the 10% definition of severely affected has been adopted as part of the Project’s resettlement policy in line with the PAM for WSSP, signed in September 2013. In dealing with externally-financed projects, the government has adapted on a project-by-project basis, the resettlement policies of donors. Projects supported by external agencies are governed by the resettlement policies of donors and relevant laws and government regulations not consistent with donor policies are waived.

14

4.2 Project Principles

Table 3 below presents the compensation and resettlement principles adopted for WSSP.

Table 3: Land Acquisition, Compensation and Resettlement Principles

No. WSSP Principles

1 Involuntary resettlement and impacts on land, structures and other assets and incomes shall be avoided and minimized by exploring all alternative options, including the use of public land.

2 APs residing, working, doing business and cultivating land within the required project area at the date of the census (the cut-off date) will be entitled to compensation according to the DMS and the entitlement matrix. They may also be entitled to rehabilitation assistance to assist them in improving, or at least maintaining their pre-project living standards and productive capacities as necessary.

3 Lack of formal legal title or recognizable legal rights will not be a bar to eligibility for compensation and assistance under the Project. APs will not be displaced from affected land until the village allocates suitable alternative land of similar characteristics or compensation is paid that is sufficient to purchase suitable land within the same or neighbouring village.

4 All compensation will be based on the principle of replacement cost22 (including any taxes, registration and land transfer costs) at the time of compensation.

5 The process and timing of land and other asset acquisition will be determined in consultation with APs to minimize disturbance.

6 Where houses and structures are partially affected to the degree that the remaining portion is not viable for its intended use, the Project will acquire the entire asset, and APs will be entitled to compensation at replacement cost for the entire asset.

7 APs will be systematically informed and consulted about the Project, the rights and options available to them and proposed mitigating measures. The comments and suggestions of APs and communities will be considered and taken into account within stipulations of the LACF.

8 The key information in the LACP such as measurement of losses, detailed asset valuation, compensation and resettlement options, detailed entitlements and special provisions, grievance procedures, timing of payments and displacement schedule will be disclosed to APs in a timely manner, in a accessible places, and in understandable form and language such as through public consultations and direct communication with AHs including Public Information Booklets.

9 Resettlement identification, planning and management will ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property and land-use rights, and to ensure the restoration of their income and living standards.

10 Existing cultural and religious practices will be respected and, to the maximum extent practical, preserved.

11 Special measures will be incorporated in the resettlement plan to protect socially and economically vulnerable groups. Vulnerable APs will be provided with additional assistance ensure that they are equal beneficiaries of the project and are not further disadvantaged.

12 Compensation and rehabilitation assistance for vulnerable groups will (i) be carried out with respect for their cultural values and specific needs and (ii) ensure that they are not disadvantaged by the process of land acquisition.

22 Replacement cost means the method of valuing assets to replace the loss of asset at prevailing market value,

plus any transaction costs such as administrative charges, taxes, registration and titling costs. Replacement cost is based on market value before the project or dispossession, whichever is higher.

15

13 There will be effective mechanisms for hearing and resolving grievances during updating and implementation of the LACP, without impeding access to the country’s judicial or administrative remedies. Grievance redress mechanisms will include representation from the APs, especially women, minority ethnic groups, and other vulnerable groups.

14 Institutional arrangements will be in place to timely and effectively design, plan, consult and implement the land acquisition, compensation, resettlement, and rehabilitation programs. Resettlement committees will include representatives from APs especially women and vulnerable groups.

15 Adequate budgetary support will be fully committed and made available to cover the costs of land acquisition and resettlement within the agreed implementation period.

16 Appropriate reporting, monitoring and evaluation mechanisms will be identified and set in place as part of the resettlement management system. Monitoring and evaluation of the land acquisition, resettlement and rehabilitation processes and the final outcomes will be conducted by an independent monitor

17 Voluntary donation will not be applied for any assets or losses of land.

Source: Land Acquisition and Compensation Framework

4.3 Eligibility for Compensation and Other Assistance

40. All APs who are identified in the subproject-impacted areas on the cut-off date will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date was the final day of the IOL for the FS in each sub-project. In Xamneua this is 16 January 2018. Those who encroach into the sub-project area after the cut-off date will not be entitled to compensation or any other assistance, unless there has been a change in sub-project design.

41. In the context of WSSP, different categories of people using or occupying land in a subproject area may be affected and, as a consequence, be designated as APs. These categories are determined on the basis of (i) Lao law and legal practice to define legal users including unregistered users; (ii) ADB policy regarding APs with affected structures; and, (iii) a review of the conditions that are likely to apply in subproject areas. Table 5 shows the different types of categories of APs in WSSP context.

Table 4: Categories of APs

No. Categories of APs23

1

Legal users include individuals, households or organizations with recognized land use rights evidenced by (i) documents such as a registered Land Title, Land Certificate (Form 01), survey certificates, land tax receipts, residency certificates and documents supporting customary land use rights; or, (ii) having applied for and awaiting receipt of recognized land use rights documents, e.g., registered Land Title. Legal users also include (iii) unregistered users that have written permission of village authorities to occupy and/or use land.

2 Non-legal users include individuals, households or organizations without legal, possessory or recognized land use rights.

23 Note: APs refer to affected individuals, households and private and public institutions; the latter includes,

among others, government agencies. These would be APs for the purposes of identifying landowners and titles.

16

No. Categories of APs23

3 Owners of houses, shops and other structures whether or not a) there is recognized land use rights or b) a permit was issued to construct the structure.

4 Owners of businesses whether or not the businesses are registered.

5

Lease or permissory users: Users/occupants that lease or have permission to use affected land and/or affected structures (houses, shops, market stalls, etc.) whether or not a) the land and/or structures are owned by private parties or the State or b) the tenancy is based on a formal lease or permission of the owner.

6 Agricultural labourers, non-agricultural labourers and employees temporarily or permanently affected by the Project.

4.4 Voluntary Land Contribution

42. Voluntary donation will not be applied.

4.5 Entitlement Matrix

43. The Entitlement Matrix summarizes the main types of losses and the corresponding nature and

scope of entitlements in the following table.

Table 5: WSSP Entitlement Matrix

TYPE OF LOSS

ENTITLEMENTS IMPLEMENTATION ISSUES

PERMANENT LOSS OF LAND

Agricultural or other productive land

Legal users

For minor losses equal to less than 10% of the AH’s total productive assets, legal APs will receive cash compensation at replacement cost based on market rates at the time of compensation. For losses equal to 10% or more of the AHs total productive assets and where remaining affected land is economically viable, legal APs will receive cash compensation for the affected portion at replacement cost based on market rates at the time of compensation. Plus additional applicable rehabilitation allowance(s) for severely affected AHs as described further below and is entitled to participation in the income restoration program as necessary.

Legal users are those with recognized land use rights such as registered title, land certificate, survey certificate, tax receipts and including unregistered users as per Land Law. Voluntary donation of land will not be allowed by the Project.

For losses of 10% or more of the total productive assets and where the remaining affected land is not economically viable, the entire property will be acquired by the project for compensation as follows: as a priority, legal APs will be allocated replacement land of similar type, category and productive capacity, located in the same village and with land documentation of equal or higher status than previously held; or, if land is not

Legal users are those with recognized land use rights such as registered title, land certificate, survey certificate, tax receipts and including unregistered users as per Land Law.

17

TYPE OF LOSS


available or the APs chooses, cash compensation at replacement cost based on market rates at the time of compensation which includes transaction costs (to purchase and register land) Legal APs may request that the Project acquires the entire land holding if the remaining agricultural land is not viable. All transaction fees, taxes and other costs associated with allocation of replacement land with title or secure tenure will be paid by the Project. If the head of household is married, the title or land certificate will be issued in the names of both spouses. Severely AHs will also receive additional applicable rehabilitation allowance(s) as described further below and is entitled to participation in the income restoration program as necessary.

Voluntary donation of land will not be allowed by the Project.

Users with temporary or lease rights

APs that hold a lease for use of agricultural land (e.g., for a concession) will receive compensation equal to the remaining value of the lease. If their use of the productive land represents their primary source of income, leaseholder AHs will also be entitled to participation in the income restoration program and other applicable rehabilitation allowances for severely AHs as described further below.

PERMANENT LOSS OF LAND

Residential land

Legal users

With sufficient remaining land to rebuild affected house/structures: (i) Cash compensation at replacement cost based on market rates at the time of compensation for land of similar type and category; and, (ii) Cash compensation for the works required to prepare land for construction. (e.g., land filling and levelling), so APs can rebuild on remaining land. Without sufficient remaining land to rebuild house/structures: (i) replacement land equal in area, type and category at a location satisfactory to APs and with registered title or land documentation of equal or higher status than previously held; OR (ii) cash compensation at replacement cost based on market rates at the time of compensation for land of similar type, category and location, plus assistance to purchase and register land. If the area of remaining land is not viable to rebuild, APs may request that the Project acquires the entire land holding.

Legal users are those with recognized land use rights such as registered title, land certificate, survey certificate, tax receipts and including unregistered users as per Land Law. Voluntary contribution of land will not be allowed. Viability of remaining land is based on a technical assessment by a third party with the endorsement of ADB.

18

TYPE OF LOSS


All transaction fees, taxes and other costs associated with the allocation of replacement land and/or issuance of title or secure tenure will be paid by the Project. If the head of household is married, any documentation will be issued in the names of both spouses.

Users with temporary or lease rights

APs that hold a lease for use of construction or other non-agricultural land will receive compensation equal to the remaining value of the lease.

Non-legal users

Non-legal APs will not receive compensation for affected land. However, if they have no other residential land holdings, they will be allocated replacement land with leasehold tenure to rebuild their house and will be compensated at replacement cost for non-land affected structures as described further below.

TEMPORARY LOSS OF LAND

Loss of access to or use of land (e.g., during construction)

Legal owners

The contractor will pay for any impact on crops and structures resulting from movement of machineries and construction materials All temporary use of lands outside proposed ROW must have written rental agreement between the land user and contractor. Land used temporarily will be returned to user after being restored to the original condition or preferably after being rehabilitated into better condition.

Legal owners are those with recognized land use rights such as registered title, land certificate, survey certificate, tax receipts and including unregistered users as per Land Law. The PIU and PIAC will ensure that (i) APs are adequately informed of their rights and entitlements as per the WSSP land acquisition and resettlement policies; and, (ii) agreements reached between APs and the civil works contractor are carried out.

All APs regardless of land use rights

19

TYPE OF LOSS


The contractor will pay for any impact on crops and structures resulting from movement of machineries and construction materials. Land used temporarily will be returned to user after being restored to the original condition or preferably after being rehabilitated into better condition.

The PIU and PIAC will ensure that (i) APs are adequately informed of their rights and entitlements as per the WSSP land acquisition and resettlement policies; and, (ii) agreements reached between APs and the civil works contractor are carried out.

LOSS OF STRUCTURE

Residential and commercial structure and any other asset

Owner of structure regardless of land use rights

For structures that are completely destroyed or are no longer viable, cash compensation at replacement cost based on market rates at the time of compensation for materials, materials transport and labour to build a structure of similar size and quality. For partially affected structures that are still viable for continued use, APs will receive cash compensation at full replacement cost equal to current market prices for materials, materials transport and labour for the affected part of the structure AND a repair allowance to rebuild or repair the remaining portion. If APs need to relocate to new land in order to rebuild structures, they are entitled to a transition subsistence allowance and a transport allowance. Additional assistance will be provided for vulnerable households as described further below.

Adequate time will be provided for APs to rebuild/ repair structures. Affected houses and shops that are no longer viable are those whose remaining portion is no longer usable and/or habitable. There will be no deductions for depreciated value of affected structures or for salvaged materials.

Tenants, including residential and business tenants

In the case of partially affected structures, tenants may remain with permission of the owner. If tenants must relocate, they will receive a cash allowance equal to the current rental amount for a transition period of three (3) months and a moving allowance and any transport costs.

A need to move could be driven by environmental conditions such as noise / dust.

LOSS OF LIVELIHOOD

Permanent Loss of livelihood/source of income

Business owners/lease holders/tenants/employees/agricultural workers/vendors

20

TYPE OF LOSS


Cash compensation for lost income based on 3 months of actual income (as determined through interviews, consultations and tax declarations) or minimum wage rates, whichever is higher. First priority to participate in Project employment opportunities. Participation in income restoration program for severely affected households as provided for in the subproject, including provision of skills training where requested. Additional assistance for vulnerable households as described further below.

To be reassessed during detailed design and updated for actual loss and actual income.

Temporary loss of business income

APs with businesses that are disrupted temporarily and not displaced (including salaried employees of affected businesses)

Cash allowance equal to the provincial daily wage or average daily revenues (sources of information on actual income will be interviews, consultations and tax declarations) whichever is higher, for the number of days that business activity is disrupted. Restoration of affected land, structure, utilities, common property resources.

To be reassessed during detailed design and updated for actual loss and actual income.

LOSS OF CROPS AND TREES

Standing crops and trees

All APs regardless of land use rights

Notice to harvest annual crops, if possible. For annual crops that cannot be harvested, cash compensation equivalent to current market prices times the average yield/crop calculated over the past three (3) years. For productive trees, (Rubber, fruit, nut etc) cash compensation at replacement cost equal to current market prices given the type, age and productive capacity at the time of compensation (e.g. rubber trees 5 years of productive capacity dependent on prime mature age) For timber trees, cash compensation at replacement cost equal to current market prices based on types, age and diameter at breast height of trees. In the case of sharecropping or concession arrangements, the compensation will be paid to each of the parties in accordance with previous agreements.

Even where trees are found in the ROW they need to be compensated for

LOSS OF COMMON PROPERTY RESOURCES

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TYPE OF LOSS


Villages, village authorities, mass organizations

Affected buildings and structures will be restored to original or better condition in the case of damage as a result of project activities. Community resources such as streams, grazing land, fish ponds would require replacement or rehabilitation in the event of damage.

This is the responsibility of the contractor and all costs related to any anticipated impacts such as damage to communal property.

REHABILITATION ALLOWANCES

Transition subsistence allowance

APs that relocate and rebuild house and/or shop on residual or new land; APs that lose 10% or more of their productive land

Relocating APs with main income source affected OR APs losing 10% or more of productive land: a cash allowance and/or in-kind assistance equal to 16 kg of rice per household member for six (6) months.

Cash allowance or in-kind assistance will be provided at to impacted APs.

Transport allowance

APs that relocate to new land to rebuild house and/or shop

Assistance in cash or in-kind to move structures, salvaged materials, new building materials and personal possessions to new site.

Salvageable materials remain the property of the AP.

Repair allowance

APs who do not have to relocate but have to rebuild house/structure/ shop

Assistance in cash up to the minimum daily wage for the number of days it takes to do the repair.

Not applied if Project undertakes repairs.

ADDITIONAL ASSISTANCE FOR VULNERABLE APs

Economically vulnerable APs (poor, landless, women- and elderly- and disabled-headed households without additional means of support) regardless of severity of impact

A supplementary subsistence allowance equal to 16 kg of rice per household member for two (2) month.

Economically vulnerable APs include those that fall below the poverty line; female-, elderly-, and disabled-headed households without other means of support; and landless.

Severely affected vulnerable APs

Vulnerable APs that are severely affected by (i) relocation of house/ shop or (ii) loss of 10% or more of productive land

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TYPE OF LOSS


A supplementary subsistence allowance equal to 16 kg of rice per household member for two (2) month. Eligible to participate in income restoration program as provided for subproject. Contractors will make all reasonable efforts to recruit severely affected and/or vulnerable APs as labourers for civil works. Participation in income restoration program

Vulnerable APs, designated poor24 households, and households headed by women, the elderly or the disabled. This allowance is in addition to any other compensation or allowances to which these APs are entitled.

Source: Land Acquisition and Compensation Framework (March 2018)

V Compensation, Relocation and Rehabilitation Arrangements

5.1 Compensation Arrangements

44. The following section outlines the compensation arrangements for the different type of losses due to civil works in the sub-project.

5.1.1 Permanent Land Acquisition

45. The land for the new WTP and clearwater tank is on the existing WTP land owned by the PNP, so there is no additional permanent land acquisition necessary for the WTP.

46. There will also be acquisition of 80m2 of non-productive land at Ban Phokham to allow for the construction of a new clearwater storage tank. It represents 2.2% of the total plot area and the owner has agreed to cash compensation for land.

5.1.2 Temporary Land Acquisition

47. The raw water main will follow the main road and will be in RoW. For 300m it will follow the existing

access road to the WTP which goes through government scrub land. Then it will follow the existing road passing government owned scrub land in Xamneua, Phoxay and Thadmuang villages. In case parts of it will go through the edge of rice fields, pipe laying will be done as much as possible in the months between wet and dry (irrigated) rice production seasons based on the crop calendar. This will require good communication between Prov., OPWT, PCU, PIU, AHs with affected rice land and construction companies. In the event that the pipe or equipment for digging and pipe laying has to pass through part of a rice field during the rice production season, the seasonal costs of not being able to harvest will be 1,600 kip/m2 (0.2 US $) on the basis of 4,000 kip/kg at farm gate with a yield of 4T/ha) for compensation. This is expected to include another 414 households that will have new water meters fitted onto their housing plot but the land will be returned to its prior condition by the contractor.

48. Businesses and houses that temporary loose the use of land because of the pipe laying, are not entitled for compensation for land as they will be able to use the land after construction. If their business is disrupted, they are entitled for lost business income (see further below).

24 Prime Minister Decree 285. October 2009. Decree on Poverty and Development Criteria providing the poverty

line at 180,000 kip per person/month in rural areas, and 240,000 kip per person/month.

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5.1.3 Voluntary Land Contributions

49. There will be no voluntary land contributions for the Xamneua sub-project.

5.1.4 Affected Trees

50. It is estimated that 62 fruit trees of 24 households will be lost due to pipe laying. Cash compensation

will be paid at current market prices given the type, age and productive capacity at the time of compensation.

5.1.5 Affected Structures

51. 396 Households will have their cement front areas (total 6,570 m2) to their house or business in the RoW temporarily broken to make the trench for the main water pipes. 29 Households will have their fence in the RoW (total of 182 m2) temporarily broken and 1 household will temporarily lose their 15m long drainage pipe. This will all be reinstated by the contractor in its original state after pipe laying.

5.1.6 Disruption of Businesses

52. 70 Businesses will be temporarily disrupted during trench digging for installation of the distribution pipe and construction of the drainage. This would disrupt business activities for a short period of 1-3 days for each business. They are entitled to cash compensation at this amount for the number of days that construction activities disrupt their business activities. From the 70 businesses, 56 AHs with businesses not related to food or health indicated they would not close their shops and therefore do not need compensation. 14 Businesses related to food and hygiene may not elect to close and prefer a cash compensation. No fish sellers or fishermen will be adversely affected by the newly proposed intake. Therefore, no compensation with regards to restoring their livelihood is needed for them.

5.1.7 AP Preferences and Concerns for Compensation and Resettlement

53. All APs with impact on cement slabs and concrete access floors prefer repair by the contractor to the previous state over cash compensation.

5.1.8 Relocation strategies

54. There are no relocations necessary in Xamneua and therefore no special relocation strategies are required. Nevertheless, the PIU and DCR will coordinate closely with the IEM to monitor the general resettlement process and the outcomes, addressing issues such as the extent to which AP needs and preferences are considered, their levels of participation in and satisfaction with decision-making on compensation for temporary losses.

5.1.9 Rehabilitation Allowances

55. Rehabilitation Allowances will be given to severely affected households in three categories, if applicable (i) transport allowance; (ii) subsistence transition allowance; (iii) vulnerability allowance.

(i) Transport Allowance: The PIU will coordinate with district officials for the provision of one or more trucks and/or manpower to assist APs to move; or, the Project will pay APs an appropriate amount of cash allowance to permit them to make their own transport arrangements.

(ii) Transition Subsistence Allowance: A transition subsistence allowance equal to 16 kg of rice per household member per month (roughly half kg/pp/day), for a period of six (6) months is given to severely affected households.

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(iii) Vulnerability Allowance: An additional subsistence allowance equal to 16 kg of rice per household member, for one (1) month is given for every factor of vulnerability25.

56. In Xamneua, there are no severely affected households and therefore no households are eligible for transition subsistence allowance.

5.1.10 Ethnic Group and Gender Arrangements

57. In Xamneua, APs are mainly under the Tai-Kadai language group. 38 (9.38%) Belong to the Hmong-Mein language group. Only 2 belong to the Mon-Khmer language group (0.49%). 37 AH (9.14 %) are female headed households. In order to address the needs of these APs, the following measures will be carried out during the planning, implementation and monitoring of the land acquisition, compensation and resettlement activities:

(i) The DRC will include representatives of the district offices of the LWU and LFNC. The members of the DRC will also include the chief and/or deputy chief of the twelve core villages where assets are affected.

(ii) The DRC will consult individually with the APs and their families to ensure that all understand the LACF policies, entitlements and procedures regarding land acquisition, compensation and resettlement; and, to identify the specific needs and concerns of male and female APs. Meeting individually with these AHs will also ensure that women in the households understand and feel comfortable to speak up.

(iii) The DRC will consult individually with the affected AHs to ensure that they are satisfied with the compensation options for the lost income.

(iv) The compensation payment forms will be signed by both spouses if the affected assets are conjugal property.

(v) All information to APs who are temporarily and/or permanently affected by the sub-project will be distributed to men and women equally; and, the DRC and/or VRC will take appropriate steps, as necessary, to encourage women to participate in any public meetings about the sub-project.

(vi) The DRC will collaborate with the WATSAN to ensure that women and all ethnic groups are targeted for information about the sub-project and land acquisition activities.

(vii) The DRC will also determine whether there is need to communicate with APs in language(s) other than Lao, in public meetings, individual consultations and/or in written communications.

(viii) All members of AP households regardless of ethnicity or gender are equally eligible to apply and, depending on their qualifications, be considered for employment by the contractor(s) for civil works for the Project.

(ix) In all core villages, if there is employment associated with the VEI, 30% of new jobs will be reserved for qualified women regardless of their ethnicity.

(x) The DRC will assist the Independent External Monitor (IEM) to monitor the impacts on

25 See footnote 13

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women and APs of all ethnic groups.

(xi) All databases and monitoring indicators for land acquisition, compensation and resettlement activities will disaggregate data and other information by gender and ethnicity.

(xii) The PIU with support from the PCU will provide formal and on-the-job training for DRC to raise their awareness of gender and ethnicity issues and to ensure that they understand and comply with the LACF policies and procedures for vulnerable APs.

VI Due Diligence during the DMS

59. The DMS conducted followed detailed engineering design for the sub-project and encompasses (i) confirmation and updating of the IOL results; (ii) a due diligence on compensation as impacts and costs might have changed due to changes in design and material prices; (iii) confirmation of agreement on compensation to the AHs permanently loosing income;(iv) updating of compensation rates according to replacement costs according to current prices.

60. The objective of the due diligence is to confirm compliance with LACF policies and resolve or remedy any outstanding issues including:

(i) Changes in the numbers of AHs and the types and extent of affected assets including cement slabs, trees and disrupted businesses.

(ii) Details on the types and amounts of compensation and assistance (in cash and/or in kind); and evaluation of whether this assistance meets the LACF principle of replacement cost.

(iii) The level of satisfaction and/or concerns and needs of AHs regarding LAR procedures and compensation.

VII Information Disclosure, Consultation and Grievance Redress

61. Disclosure of information and consultations will occur during preparation and implementation of the sub-project to ensure that APs and other stakeholders have timely information about land acquisition, compensation and resettlement, as well as opportunities to participate in and express their preferences and concerns regarding the resettlement program. The PIU and DRC with assistance from the village committees organizes meetings and consultation, distributes information and takes other steps to keep APs informed.

62. Important tools of accountability for PIU and in the LAR process are the IOL calculations, Declaration Forms, Voluntary Contribution Forms, Compensation Receipt Forms and No Longer AP Forms. Declaration Forms should use the calculated figures from the IOL forms. The numbers of AHs and amounts in the Declaration Forms should be accounted for.

7.1 LACP Information Dissemination and Consultations

63. Dissemination and consultation activities will occur as an integral part of the preparation of the LACP and shall continue throughout implementation of each subproject. . APs are notified and consulted in advance about land acquisition, compensation and resettlement activities for the sub-project, including among others: (i) public meetings, (ii) distribution of PIB and updated version (see Attachment 8), (iii) preparing official lists of eligible APs and their entitlements, (iv) compensation rates

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and amounts, (v) and, other matters such as the grievance redress mechanism. For a full overview of consultations see Attachment 4.

7.2 Information Disclosure

64. During the Feasibility Study a PIB has been distributed and discussed with DRC, village chiefs and APs. PIU and village chiefs sign when they receive the PIBs in order to monitor actual distribution of the PIBs. In October 2017 a second round of consultations in all villages was conducted, followed by further rounds in May and June 2018 (see Attachment 4 for overview of participants and field report). In compliance with ADB requirements, the PIU assisted by the PCU will ensure the public disclosure of the LACP as endorsed by DONRE and approved by ADB. The full LACP, or a summary or information booklets, will be made available in Lao in a readily accessible location within the sub-project area. The final LACP Update will also be disclosed on the ADB website.

65. During the DRC/PIU meeting before the IOL data collection it is mentioned to the authorities that an official letter announcing the cut-off date to all villages involved is needed. A cut-off date letter was issued in January 2018 informing of the commencement of project and cut-off date for construction at 16 January 2018. This cut-off date is announced in 3 ways: verbally during IOL data collection, by the Head of Village to the villagers after receipt of the letter, in the PIB.

66. The replacement cost survey is done in 3 steps:

(i) First the unit cost form for construction materials and land are established. For construction materials OPWT and shops for construction materials are consulted. For land prices the Department of Land and Housing and the Village Heads are consulted. This is done during the first weeks of the resettlement consultants' fielding.

(ii) These costs, labour costs, costs of trees and crops in the area are discussed and verified by the DRC members (including mass organizations).

(iii) Finally, these costs are confirmed (or revised) by the AH who might experience these costs during the IOL data collection. During the DMS training it has been checked if this has indeed been done and dates of DMS training are in Attachment 4.

7.3 Grievance Redress Mechanism

67. Article 24 of Decree 84/PM requires the Project to establish an effective mechanism for grievance resolution within existing village authority structures.

68. A well-defined grievance redress and resolution mechanism will be established to resolve grievances and complaints in a timely and satisfactory manner. The objective of the grievance redress mechanism is to resolve complaints as quickly as possible and at the local level through a process of conciliation; and, if that is not possible, to provide clear and transparent procedures for appeal. All affected persons will be made fully aware of their rights, and the detailed grievance redress procedures will be publicized through an effective public information campaign.

69. APs are entitled to lodge complaints regarding any aspect of the preparation and implementation of the LACP. This also includes the VEI component as well as any unanticipated impacts that may occur during implementation. The AP complaints can be made verbally or in written form. It is recognized that in many cases, APs do not have the writing skills or ability to express their grievances verbally, however, APs are encouraged to seek assistance from the IMO, family members, village heads or community chiefs to have their grievances recorded in writing and to have access to the DMS or other documentation, and to any survey or valuation of assets, to ensure that where disputes do occur all the details have been recorded accurately enabling all parties to be treated fairly.

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In the case of verbal complaints, a written record of the complaint will be made during the first meeting with the AP. APs who present their complaints within the prescribed procedures will be exempt from all administrative fees incurred. In addition, APs who lodge complaints and appeals to district courts will be provided with free legal representation.

70. For the purposes of grievance redress and resolution, the Project will rely on the existing village arbitration units where they have already been established in core villages. Village arbitration units will be established in subprojects areas that do not yet have existing units. The village arbitration unit generally consists of the village chief and/or deputy chief, village elders and village representatives of the Lao Women’s Union (LWU), Lao Front for National Construction (LFNC), and the police; the unit is responsible for settling disputes between villagers through conciliation and negotiation. At the district and provincial levels, the district and provincial resettlement committees that are composed of concerned departments, local officials, village chiefs and mass organizations will act as grievance officers. The village arbitration units and grievance officers shall be trained on LACP principles and methods on handling project related grievances.

71. All complaints and resolutions will be properly documented by the concerned resettlement committee and be available for the public and review for monitoring purposes.

72. Safeguard monitoring reports will include the following aspects pertaining to progress on grievances: (a) number of cases registered with the Grievance Redress Committee (GRC), level of jurisdiction (first, second, and third tiers), number of hearings held, decisions made, and the status of pending cases; and (b) lists of cases in process and already decided upon may be prepared with details such as name, identification with unique serial number, date of notice, date of application, date of hearing, decisions, remarks, actions taken to resolve issues, and status of grievance (i.e. open ,closed, pending).

73. ADB’s Accountability Mechanism will also be explained to AHs.

74. The following procedures are proposed for management and recording of grievances during the WSSP. The following table shows the grievance redress mechanism that has been adopted for the sub-project.

Table 6: LACF Grievance Redress Procedures

No. Grievance Redress Procedures

1 Stage 1: In the first instance, APs will address complaints on any aspect of compensation, relocation or unaddressed losses to the village arbitration unit or other designated village grievance officers. The unit will organize a meeting with the complainants to resolve the issue using its traditional methods of conciliation and negotiation; the meeting will be held in a public place and will be open to other APs and villagers to ensure transparency.

2 Stage 2: If within 5 days of lodging the complaint, no understanding or amicable solution can be reached or no response is received from the village arbitration unit, the AP can bring the complaint to the District Resettlement Committee (DRC). The DRC will meet with the AP to discuss the complaint, and provide a decision within 10 days of receiving the appeal.

3 Stage 3: If the AP is not satisfied with the decision of the DRC or in the absence of any response, the AP can appeal to the Provincial Resettlement Committee (PRC). The PRC will provide a decision on the appeal within 10 days.

4 Stage 4: If the AP is still not satisfied with the decision of the PRC, or in the absence of any response within the stipulated time, the AP can submit his/her grievance to DHUP. The DHUP acting on behalf of the MPWT will render within 10 days of receiving the appeal.

5 Stage 5: As a last resort, the AP may submit his/her case to the Court of Law. The complaint will be lodged with the Court of Law; the decision of the Court will be final. Although the technical guidelines for resettlement designate this elevating of the complaint to the local mass organizations, non-benefit organizations and AP representatives, in order to ensure the

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No. Grievance Redress Procedures

availability of adequate resources to carry out this procedure, the DHUP will be responsible for forwarding the complaint and ensuring its process in the courts.

Source: Land Acquisition and Compensation Framework

VIII Resettlement Costs

8.1 Source of Resettlement Funds

75. All land acquisition, compensation and resettlement costs for the sub-project will be financed using provincial counterpart funds. PIA to PCU and PIU to implement resettlement procedures will be under the Project's regular budget.

8.2 Compensation and Allowance Rates

76. Compensation and allowance rates have been established in the province, at replacement cost based on market prices. The rates are based on data collected during the DMS from APs, district officials and other sources. The proposed compensation and allowance rates for the sub-project are indicated as unit costs Attachment 2.

8.3 Resettlement Costs

77. The estimated cost of LAR for the Xamneua sub-project is LAK55,184,800 ($6,578 ) which includes (i) the base LAR costs and, (ii) contingencies of 10% reserve fund. The costs for reinstating structures (cement slabs of verandas, fences and drainage pipes) in the RoW in front of houses and businesses will amount to around 1,013 million Kip ($120,800) which will go in the BoQ for the contractor.

78. Calculations of the amounts can be found in Attachment 3.

Table 7: below summarizes the sub-project's resettlement costs.

Item Total Amount (kip) US Dollars(1 US$ = kip)**

8389

1 Land

Residential Land (permanent): 4,040m2 government land; 80 m2 private land

20,000,000 2,384

Agricultural/scrub Land (permanent): 920 m2 public land

na -

Residential Land (temporary): 9,141 m2 all in RoW -

2 Houses -

partially affected - -

3 Business -

Temporarily affected during civil works* 2,136,000 255

Permanently affected: water seller - -

4 Structures -

all in RoW and in BoQ - -

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drainage and toilet 9,200,000

5 Trees -

Total of 62 trees 14,492,000 1,728

6 Crops -

annual yield 4,340,000 517

7 Other Assets -

- -

Subtotal base Resettlement costs 50,168,000 5,980

Rehabilitation Allowances -

Living Allowance 3 mnths - -

Living Allowance 6 mnth - -

Repair Allowance - -

Special Assistance -

Transport Allowance -

Subtotal Allowances - -

Sub Total LAR Costs 50,168,000 5,980

Reserve Fund 10% 5,016,800 598

Total LAR Costs 55,184,800 6,578

* laying water pipe for 5 days ** rate at 31 May ‘18 Source: PIA

IX INSTITUTIONAL ARRANGEMENTS

79. The LACF sets out detailed information on the institutional arrangements for the preparation and implementation of land acquisition, compensation and resettlement for the Project.

80. The PIU has overall responsibility for activities related to land acquisition and compensation of APs. The scope of these activities includes (i) conducting the AP census, DMS and due diligence following detailed engineering design; (ii) assessing losses, AP entitlements and requirements for compensation and rehabilitation assistance, including updating the Entitlement Matrix as required; (iii) consulting with all APs to inform them about the sub-project impacts, their entitlements, compensation rates, rehabilitation assistance and procedures and schedules for implementation of the LACP; (iv) assisting the work of resettlement committees; (v) internal monitoring and regular reporting on land acquisition, compensation and resettlement activities; and, in collaboration with other PIU staff, (vi) ensuring coordination of land acquisition activities and civil works.

81. The PIU will work in close collaboration with resettlement committees at the provincial and district levels, as well as with village authorities and mass organization representatives in the core villages. The District government was informed of the need to establish a DRC in the introductory meeting about LAR in June 2017. The DRC was officially announced in a letter by the District Governor of 24 January 2017. The DRC members consist of the Deputy Governor, Head OPWT, Head of the

Cabinet Office, LWU (♀), Public Health (♀), 2 representatives of the Police, Head of Environment and Resources, Front, secretary of cluster, chiefs of 12 core villages (22 persons, including 2 women). The Resettlement Committees and village authorities will assist the PIU as follows:

(i) The Provincial Resettlement Committee (PRC) headed by the Provincial Governor or Deputy has to be kept informed of LAR progress. But with the establishment of the

30

DRC the day-to-day LAR affairs in the sub-project are delegated by the Provincial Governor to the DRC with either the District Governor or the Deputy as the chair of the DRC. The PRC is represented in the DRC with the head of PIU and Provincial Water Supply Agency. The PRC will assist in ensuring disbursement of funds from the provincial treasury to the district to enable the district to pay adequate compensation amounts.

(ii) The DRC will prepare and certify the official list of APs following the DMS, certify the compensation rates based on updated surveys of replacement costs, review and formally endorse the updated LACP and ensure disbursement of funds from the district treasury to cover the costs of compensation and, as required, rehabilitation assistance. DRC will sign compensation documents identifying the entitlements and compensation amounts to be paid to each AP. In addition, the members of the DRC will act as grievance officers to hear and resolve complaints that cannot be dealt with at the village level.

(iii) The village leaders will assist the DRC particularly with the distribution of information to APs and other residents and the organization of public meetings and/or individual consultations with APs. The village chief and elders will hear and resolve any complaints from APs and other stakeholders. The village representatives of the LWU and/or LFNC will be available to assist to ensure that all APs understand, agree or, if not, have opportunities to express their concerns.

82. The PCU will (i) review and endorse the LACP prior to submitting to the provincial department of natural resources and environment and then to ADB for review and approval, (ii) review internal monitoring reports and IEM reports and report regularly to ADB on progress and completion of land acquisition, compensation and resettlement activities; and, (iii) ensure coordination of land acquisition and civil works activities and compliance with conditions for the award of civil works contracts.

83. The PCU recruited an IEM at the beginning of the current project. The responsibility of the IEM is to carry out external monitoring of all land acquisition, compensation and resettlement activities, and conduct evaluations to ensure that APs are able to restore livelihoods and living conditions.

84. The PCU also recruited a Project Implementation Assistance Consultant (PIAC) to provide technical assistance and guidance to the PIU and other parties involved in land acquisition, compensation and resettlement activities.

X Monitoring

10.1 Internal Monitoring for the Sub-project

85. The scope of internal monitoring to be carried out by the PIU assesses (i) compliance with the LACF resettlement policies and procedures and (ii) the availability and efficient use of personnel, material and financial resources; and, identifies the need for (iii) remedial actions to correct any problems that arise.

86. The PIU prepares a monthly progress report on the resettlement activities of the sub-project, and submits it to PCU. The report includes information on key monitoring indicators, namely:

(i) Affected people and compensation: the number of APs by category of impact; the status of delivery of compensation and subsistence, moving and other allowances.

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(ii) Status of rehabilitation and income restoration activities: The number of APs severely affected by a) loss of productive assets and/or b) displacement; the number of vulnerable APs; the status of relocation of displaced APs; the status of technical and other assistance for income restoration.

(iii) Information disclosure and consultation: number and scope of public meetings and/or consultations with APs; status of notifications to APs; summary of AP needs, preference and concerns raised during meetings and consultations.

(iv) Complaints and grievances: summary of types of complaints received; steps taken to resolve them; outcomes; and, any outstanding issues requiring further management by district or provincial authorities or ADB assistance.

(v) Financial management: the amount of funds allocated for compensation, operations and other activities; the amount of funds disbursed for each.

(vi) Resettlement schedule: completed activities as per schedule; delays and deviances, including reasons; revised resettlement schedule.

(vii) Coordination of resettlement activities with award of contract for civil works: status of completion of resettlement activities and projected date for award of civil works contracts.

(viii) Implementation problems: problems that have arisen, reasons and proposed strategies to remedy; outstanding issues.

87. Upon receipt of monthly reports, the PCU consults with PIU to clarify and/or resolve any outstanding issues. On a quarterly basis, the PCU collates the monthly progress reports for the sub-project and prepares a Project monitoring report to be submitted to ADB.

10.2 External Monitoring of AHs

88. The IEM is responsible for monitoring of all activities related to updating and implementing the LACP; and, to assess whether AHs are able to restore their living conditions, livelihoods and incomes to pre-sub-project levels and, if not, to recommend remedial actions to assist AHs. The IEM monitors resettlement activities including, among others, the DMS, payment of compensation and allowances, rehabilitation and income restoration activities, public meetings and consultations, and the grievance

redress process. At the end of Construction IEM will monitor unforeseen impacts that occurred during construction (change from design in actual construction, loss of crops including rice when construction is continuing in cultivation seasons) and work with PIU on compensation afterwards (including the required forms). The IEM will work closely together with the DRC in all activities.

89. The PIU and DRC will support the work of the IEM in the following ways: (i) collect baseline socio-economic data from AHs during the IOL; and, make all data, official AP lists and other relevant data available to the IEM; (ii) assist the IEM, as required, during follow-up socio-economic surveys and consultations with APs; and (iii) facilitate the IEM to participate in, monitor and receive relevant information about resettlement activities.

XI Implementation Schedule

90. The implementation schedule for land acquisition, compensation and resettlement activities for the

sub-project is presented in the following overview. See dates for the steps that have been done in Attachment 4.

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11.1 For Feasibility Study

Step 1: PIU is trained in LAC Procedures and data collection for IOL.

Step 2: Preparation of an initial LACP per sub-project as part of the Feasibility Study and submitted to ADB for review and approval.

11.2 Resettlement Steps Scheduling from DMS to Construction

Step 1: PIU will be trained in DMS and compensation procedure

Step 2: PIU will identify new APs and measure their losses

Step 3: PMU will conduct internal monitoring and provide semi-annual internal safeguards monitoring reports to ADB throughout implementation

Step 4: PIU will visit APs from previous survey who are no longer APs because of changes in the design and explain that they are not APs anymore and let them sign the form (with their spouse)

Step 5: The External Monitor shall commence activities to monitor and verify implementation is conducted in accordance with the LACP and the ADB SPS (2009)

Step 6: PIU will conduct Detailed Measurement Survey (DMS) to record any losses for compensation and rehabilitation according to the finalized design. At that time the data from the cost recovery survey was updated as well. This was done in the presence of APs, village head, district official, and a member from the Lao Women’s Union or Lao Front for National Construction.

Step 7: Data from the DMS will be sent back to PCU where they were processed. The LACP is updated, finalized and sent to ADB.

Step 8: PIU will start to write the compensation declaration forms for every AP. The final compensation rates will come from final calculations of compensations based on the IOL.

Step 9: PIA will share the finalized LACP Update and IOL with the sub-projects. Compensation Declaration forms for all APs can now be completed by PIU with the calculated amounts.

Step 10: PIU will distribute the compensation declaration forms to all APs. APs are also informed they can view the LACP at PIU’s office.

Step 11: APs have 14 days to view the LACP, sign and return back the forms or decide to object. Objections should be directed to the village head or the chief of a mass organization in the village first. If that does not solve the problem, the objection should go to the district officials or Grievance Redressal Committee or PIU. If that does not solve the problem, PIA or the independent monitoring organization can be asked to help. If all that does not help, the case can be brought to PCU or MPWT. If the problem is still not resolved, the case can be submitted to a Court of Law. APs should be exempted from all taxes, administrative and legal fees.

Step 12: PIU will oversee payments to be done to the APs who returned the compensation declaration forms and APs will sign a receipt upon payment and be given a copy.

33

Step 13: Payment receipts should be kept in PIU’s office and a copy should go to PCU and/or independent monitoring agent.

Step 14: Reports on finalized compensation and replacement works will be sent by PCU to ADB to signal completion of the resettlement process.

Step 15: PIU should inform APs to clear the identified areas 2 weeks before construction works start.

91. Land acquisition and resettlement activities for any sub-project, including disclosure of the resettlement and compensation plans to the APs and submittal to ADB for review and concurrence, should be completed prior to ADB's approval to award civil works contracts for that sub-project.

Attachment 1

Attachment 1: Village Impacts

Affected Households in Core Villages of Xamneua

Xamneua Affected Households

Village Ethnic WS Intake/WTP/ Reservoir Trees Business

Ban Misouk Lao, Hmong, Vietn. 46 10 5

Ban Nathong Lao, Hmong, Chin 89 0 18

Ban Samneua Lao, Chinese 8 1 1

Ban Naliew Lao, Hmong, Khmu 27 3 4

Ban Navieng Lao, Hmong, Vietn. 21 5 4

Ban Nanuangboa Lao, Hmong 13 5 1

Ban Nathongchong Lao, Hmong, Chin/Viet. 32 0 3

Ban Phanxay Lao, Hmong, Taideng, Vietn. 53 0 18

Ban Thadmuang Lao, Hmong, Vietn. 98 0 16

Ban Phoxay Lao, Chinese 23 0 0

Ban Nasakang Lao 15 0 0

Ban Phonkham Lao, Hmong 0 1 0 0

Total 425 1 24 70

Village Total No. of

HHs by village

No. of AHs from water

supply system

No. of HHS with existing

water connections

in Village

No. of HHs temporarily affected by

Meter installation

Significant Impacts

Land acquisition

Phoxay 330 23 256 74 0 0

Thadmuang 593 98 372 221 0 0

Naliew 213 27 82 131 0 0

Misouk 218 46 130 88 0 0

Nanuangboa 225 13 283 0 0 0

Phanxay 329 53 207 122 0 0

Nasakang 292 15 394 0 0 0

Xamneua 294 8 294 0 0 0

Nathongchong 235 32 233 2 0 0

Nathong 262 89 269 0 0 0

Navieng 173 21 244 0 0 0

Phonkham 180 0 166 14 0 1

Total 3344 425 2930 414 0 1

35

Attachment 2: Cost Recovery Survey

36

Attachment 3: IOL Xamneua

37

Attachment 4: Consultations with Stakeholders –Xamneua

Date Key Step • Consultation/Topics Discussed

Responsibility Stakeholders Involved Record Comments/ Action Coordination

Staff (number of

men/women*, positions, ethnicity

estimate**)

• Summary of Consultations May-October 2017

May 2017 Orientation Session • Explain scope, implementation arrangements and responsibilities.

PCU, TL/DTL

Jun 2017 Reconnaisance and field assessment

• Discuss options and available locations, and involvement/contribution of community.

PCU/PIA Design

Jun 2017 Social Survey • Conduct Soc Survey and interviews

• Assess social impact of project especially on vulnerable groups

• Perceptions of APs

• SES in 7 core villages

Social survey team, PCU

200 HH (from the total of 3,264 HH, 49.39% are female headed, 15.87% are Hmong, 79.5% are Mon-Khmer, 0.52 to 2.6% are Chinese/Vietnamese and the rest are Lao/Tai; 1.7% are indicated as poor)

Jun 2017 Resettlement workshop • Lao Decree and Regulations

• RF

• Need for DRC

• Need for cut-off data

• Cost recovery survey

PCU, PIA Resettlement

PIU staff (2 ps; 1 Hmong)

Govn. Xamneua, Dep. PNP, Head Lao Front, Head District Office, Head PWT Office, Staff Res&Env. Office (2♀), LWU (♀), Village Chiefs (2

Cut-off date letter will be announced.

DRC will be established.

Data for FS will be collected.

38



Staff (number of


estimate**)

• Need for Grievance and Redressal Responsible Persons

• Steps for PIU

• Form for IOL AP

• Distribution PIB

Hmong): Nasakang, Phonkham, Phoxay, Xamneua, Thadmuang, Navieng, Nathang; Dep. Chiefs: Nathongchang, Misouk

Total 17 persons (incl 3 ♀; 2 Hmong, rest Lao ethnic)

Jul 2017 IOL • Interviews with APs

• Data collection for IOL

PIU PIU, Village Chiefs

405 AHs (1046 APs; 9.14% female headed; 86.67% Lao/Tai, 9.38% Hmong-Mien, 0.49% Khmu, 2.22% Chin/Viet)

Topographical Survey • Topographical survey

Survey Team

Field Assessment • Different Options for location WTP and intake

PCU, Design Team

16 Oct 2017

District coordination and consultation meeting on LARC and Environment

• LAR clarifications

• New Intake location

• Explanation of LAR policy from the government and ADB

• PIU

• District

• PIA

• PIU

• District authorities

• PIA

7 participants

By sex:

▪ 7 female

By Ethnic Group:

▪ Lao: 6

▪ Hmong: 1

Male 7

Presentation:

1. General introduction into topic, specific description on LAC, Environmental and explanation on surveys; 2. Handing out Lao Public Information Booklets ; 3. Subproject

39



Staff (number of


estimate**)

related briefing on severe affectedness and impacts, temporary / permanent loss of assets, vulnerable groups, entitlement; no loss of land.

16 Oct 2017

Village consultation meeting

at Xamnuea village,

• LAR compensation policy

• Eligibility for compensation

• Explanation of severely affected

• Grievance Mechanism

• PIU

• District

• PIA

103 participants

By sex:

▪ 52 female

▪ 51 men

By Ethnic Group:

Lao : 93

Hmong: 10

Comments – Questions – Answers:

Villagers expressed their willingness to cooperate with give the compensation. Is case, there is the impact to people’s asset along the road. A. Mr. Kanda: The lay out pipe line not go inside any house, if your fence have construction over the right of way it is maybe impact on your assets, but the project not remove your fence, if impact on your tree or crop, government will be compensate on current market rate. During construction the company can digging under your fence and give access for you.

40



Staff (number of


estimate**)

16 Oct 2017


at Nathong village





• PIU

• District

• PIA

• PIU

• District

• PIA

57 participants

By sex:

-30 female By Ethnic Group: Lao Loum: 50

Tai Deng: 7

General:

Villagers welcomed the project in their community. Specific: 1.1 Q. Is there any water supply meter to change? 1.2 A. Mr Khanda: Yes, there is. In case, the old one is not in good condition. 1.3 Head of village: We would like the project extend the connection of pipe to 4 Km Gas Station. Mr. Kanda: We will keep considering.

17 Oct

2017


At Ban. Phonkham





• PIU

• District

• PIA

• PIU

• District

• PIA

26 participants

By sex:

-18 female By Ethnic Group: Lao Loum: 19

Hmong: 7


General: Villagers expressed their happiness of getting the water supply. Specific: 1.1 Q. Ms Manivaone: I am agreed. I would like to suggest anybody who has joined this public consultation meeting to distribute the message to

41



Staff (number of


estimate**)

other. Will the project use the local labour or not? 2.1 A. Mr Kanda: It depends on the company that win the bid, they will use or not. 2.2 Q. Mr Singthong (Head of village): we would like to relocate the old basin to other location because we need the villagers live there. But the new land is still state owner. 2.3 A. Mr Khamphuery: We will consider, but you should submit the letter to DONRE to get the permission and land tittle. 2.4 Q. Mr Boonma (Village committee) : we are totally to be a part of this project especially tree. We expect this project will run quickly because the volume of water is not enough. A. Mr Somnouk: we will keep your opinion considering.

42



Staff (number of


estimate**)

17 Oct 2017


At Ban Navieng





• PIU

• District

• PIA

• PIU

• District

• PIA

36 participants

By sex:

-15 female By Ethnic Group: Lao : 31

Tai Deng: 5

General:

Villagers mentioned their hope for a good and reliable water supply. Specific: 1.1 Q. Mr Boontee: Will the project keep the old pipe or take it out? 1.2 A. Mr Kanda: We will not take it out. But we will inspect it first that it is good condition or not; then, we will connect the new one. 1.3 Q. Mr Phoonsin: In case, the fence is impacted from project? How can we do? 1.4 Q. Ms Phaengchan: Will pipe impact to the house? A. Mr Kanda: The lay out pipe line not go inside any house, if your fence have construction over the right of way it is maybe impact on your assets, but the project not remove your fence, if impact on your tree or

43



Staff (number of


estimate**)

crop, government will be compensate on current market rate. During construction the company can digging under your fence and give access for you.

18 Oct 2017


At Phanxay village





• PIU

• District

• PIA

• PIU

• District

• PIA

9 participants

By sex:


General:

Villagers expressed their need for a good water supply provision. Specific: 1.1 Q. Mr Phonchid (Head of village): Could you explain the duty of village committee? 2.1 A. Mr Kanda: the village committee is the part of project to inspect and facility to run quickly and smoothly. 2.2 Q. Mr Thongmee: I am agreed, is there any the detail of pipe lay out done yet? 2.3 A. Mr Kanda: Right now, we are surveying and designing. 2.4 Q. Mr Singkham: Is there any

44



Staff (number of


estimate**)

compensation? In case, it is affected to restaurant? 2.5 A. Mr Kanda: the restaurant can still open, it is temporally impacted. 2.6 Q. Mr Phonchid (Head of village): And we need to know the detail the pipe layout to inform the impact household. A. Mr Kanda: when we finish/ finalize the design, we will inform you later.

18 Oct 2017

Village consultation meeting at Naliew village





• PIU

• District

• PIA

• PIU

• District

• PIA

39 participants

By sex:


Tai Deng: 1

Tai Dum: 1

Khmer: 12

Hmong: 6

General:

Villagers welcomed the project in their community. Specific: 1.1 Q. Mr Senglaphone : Can the old water supply usage connect the new one ? 2.1 A. Mr Somnouk: It depends on the meter and pipe’s condition. If it is not in good condition, we will change the new one for you. 2.2 Q. Ms Pee. Will the main pipe be

45



Staff (number of


estimate**)

connected to the north of village because there is not enough volume water? 2.3 A. Mr Kanda: Now, we are surveying and designing the pipe layout. We expect all villagers can use the water supply service.

19 Oct 2017

Village consultation meeting at Ban Nanongboua





• PIU

• District

• PIA

• PIU

• District

• PIA

39 participants

By sex:


Hmong: 12

General:

Villagers welcomed the project in their community.

Specific: 1.1 Q. Head of village: After they finish the construction, will they will fix the damage or not? 1.2 A. Mr Kanda: Sure, they will fix it. But it will spend few days to check the quality of new pipe. 1.3 Q. Ms Sengngen: we hope the project construction will avoid the impact to our slop construction and belong the road especially Khoumsabieng Zone.

46



Staff (number of


estimate**)

1.4 A. Mr kanda: For this issue, we will pay more attention to avoid the impact. So the coordination is very important between village committee and survey team.

19 Oct 2017


at Ban Thadmouang





• PIU

• District

• PIA

• PIU

• District

• PIA

114 participants

By sex:


Tai Deng: 11

Tai Dum:

Khmer: 5

Hmong: 10

General:

Villagers welcomed the project in their community. Specific: 1.1 Q. Mr Vanhsy: 2% of compensation will be paid to affected persons or not? In case, it is high value. 1.2 Q. Mr Viengphet: In case, how will the project do if the lay out pipe line inside the villager’s garden? 1.3 A. Mr Kanda: The lay out pipe line not go inside any house, if your fence have construction over the right of way it is maybe impact on your assets, but the project not remove your fence, if impact on your tree or crop,

47



Staff (number of


estimate**)

government will be compensate on current market rate. During construction the company can digging under your fence and give access for you. 1.4 Q. Mr Phien Lattanavong: Do you have any suggestions? In case, I bought a house after the project has closed and I have not installed the water supply meter in AT District. A. Mr Kanda: you can contact with AT Water Supply District, will they still have free policy for you or not. But for this new project, village will receive the free installation as one meter per one family book, so all of villagers should prepare yourself by having own family book.

20 Oct 2017


At Phoxay village


• Eligibility for

• PIU

• District

• PIA

• PIU

• District

• PIA

26 participants

By sex:

-15 female

General:

2 Villagers showed their happiness of getting the water

48



Staff (number of


estimate**)

compensation



By Ethnic Group: Lao : 23

Hmong: 3

supply. Specific: 2.1 Q. Ms Aieng: How will the project do? In case, it is impacted type of erosion control, concrete, etc.. 2.2 A. Mr Kanda: The lay out pipe line not go inside any house, if your fence have construction over the right of way it is maybe impact on your assets, but the project not remove your fence, if impact on your tree or crop, government will be compensate on current market rate. During construction the company can digging under your fence and give access for you. 2.3 A. Mr Phommathone: we have spent the old pipe long time ago. Will it be changed the new one or not? 2.4 A. Mr Kanda: we will inspect it first that it is good condition or not; then, we will

49



Staff (number of


estimate**)

connect the new one. 2.5 Mr Vongekham: now volume of water supply is not enough. So I am totally agreed with this project and need it start the construction quickly. Ms Phouangchai: No problem, thank you for this good project.

20 Oct 2017

Village consultation meeting at Ban Nathongjong





• PIU

• District

• PIA

• PIU

• District

• PIA

21 participants

By sex:


General:

Villagers expressed their satisfaction of getting the water supply. Specific: 1.1 Ms Phaungvanh : if the lay out pipe line passes any household, we would like the developer project coordinate with the own land. 1.2 Q. Mr Salee: For cutting tree, I do not have any problem. I am interesting that “will villagers connect to their house by themselves or not? 1.3 A. Mr Kanda: the project will connect only from the main pipe to the meter in your house. But you

50



Staff (number of


estimate**)

need to connect by yourself from meter to your apart of building. 1.4 Q. Mr Singkham: Will project give the compensation to tree, asset, etc. or not? 1.5 A. Mr Kanda: The lay out pipe line not go inside any house, if your fence have construction over the right of way it is maybe impact on your assets, but the project not remove your fence, if impact on your tree or crop, government will be compensate on current market rate. During construction the company can digging under your fence and give access for you. 1.6 Q. Ms Khamphout: when completed the project, will it be the PIU or not?

1.7 Mr Did: I need to remove my water supply meter. How can I do? A. Mr Somnouk: Yes,

51



Staff (number of


estimate**)

it is one project. You can contact PIU directly, then, we will inspect and remove for you.

21 Oct 2017


At Ban Nasakang





• PIU

• District

• PIA

• PIU

• District

• PIA

112 participants

By sex:


Tai Deng: 4

Tai Dum: 3

Khmer: 25

Hmong: 6

General:

Villagers expressed their satisfaction of getting the water supply. Specific: 1.1 Q. Ms Bunsy: Will upper land house be able to use water supply or not? 1.2 A: Mr Kanda: Now we are designing and surveying. We hope every zone will be able receive the water supply. 1.3 Q. Mr New: When will the project start the construction? 1.4 A. Mr Kanda: the end of 2018. 1.5 Q. Mr Thongsawat; Will this new project be as same as the old one? 1.6 A. Mr Kanda: this one will be able to produce more water supply than the old one. 1.7 Q Ms Fongseng:

52



Staff (number of


estimate**)

Will villager pay to pipe installation or not? A. Mr kanda: No, villagers do not pay because it is the project’s policy.

21 Oct 2017


At Ban Misouk





• PIU

• District

• PIA

• PIU

• District

• PIA

108 participants

By sex:


Tai Deng: 2

Khmer: 4

Hmong:

General:

Villagers expressed their satisfaction of getting the water supply. Specific: 1.1 Q. Mr Singtham: Will villager pay to pipe installation or not? And how will the project do when it impacts to fence or other asset? 1.2 A. Mr kanda: No, villagers do not to pay because it is the project’s policy. For the lay out pipe line not go inside any house, if your fence have construction over the right of way it is maybe impact on your assets, but the project not remove your fence, if impact on your tree or crop, government will be

53



Staff (number of


estimate**)

compensate on current market rate. During construction the company can digging under your fence and give access for you. Q. Mr Sonechan: if villagers install the pipe before the project

1.4 A. Mr Kanda: yes, you have to pay. But it is free while the project starts the construction phase.

1.5 Q. Mr Phuiy Inthala: can I remove the location of water supply meter? 1.6 A. Mr Somnouk: Yes, you can contact PIU any time. They will inspect and calculation for you. 1.7 Mr Maichan; I would like to share my opinion that: the developer project should follow up closely for standard construction especially the equipment and pay attend about the asset data collection.

54



Staff (number of


estimate**)

Summary of Consultations May-July 2018

May ‘18 Updated IOL data collection

Support PIU to do DMS

Get final IOL data for final calculation of compensation for LACP (for ADB)

Start Payment Procedure

PCU, PIC Resettlement

PIU, DRC All 425 temporary AHs and 1 expected permanently AHs (including 1 Khmu AH, 35 Hmong AH and 33 female headed AH)

May ‘18 Confirmation of DMS data

Check updated IOL data and confirm

PIU, DRC All 426 AHs (355 Tai-Kadai, 1 Mon-Khmer ethnic group, 35 Hmong; 33 female headed AHs)

29 Jun ‘18

District coordination and consultation meeting on Fish Convervation Zone (FCZ)

at B. Xamneua Office

08.30 -10:.45 AM

Consultations on FCZ and Livelihood from Fishing

Impact of Intake on Livelihood

PIU, PIC

PIU

Village/ District authorities\

8 participants

By sex:

1 female

By Ethnic Group:

Lao Loum: 8

Presentation:

1 General introduction about the FCZ questionnaire and how to determine the FCZ


General:

2 Explain and present the location e and the system of intake, by PIU.

3 The village authority

55



Staff (number of


estimate**)

has answered the questionnaire on FCZ, nothing to concern on intake; even it is located on FCZ.

4 In Nam Xam has never polluted by any exploration, chemical or fertilizer, District Natural and Environmental Resource Office mentioned.

Specific:

• Ms. Malaivan Social and Resettlement Specialist also explains about the overall of project.

56

Summary of Consultations in June/July 2018

For fishing, as we also surveyed in the market. Mostly of seller brings/fish from Nam Et or their own fish pond, not Nam Xam. So we cannot get the information.

Date TYPE OF MEETING AND

LOCATION FACILITATOR PARTICIPANTS

DISCUSSION / RESPONSES / OUTCOMES FOLLOW-UP ACTIONS WITH

RESPONSIBILITY

29 June

2018


at B. Xamneua Office

08.30 -10:.45 AM

▪ PIU

▪ PIU ▪ Village/

District authorities\

▪ PIC ▪ Villager

8 participants

By sex:

- 1 female By Ethnic Group:

- Lao Loum: 8

Presentation:

• General introduction about the FCZ questionnaire and how to determine the FCZ Comments – Questions – Answers:

General:

• Explain and present the location and the system of intake, by PIU.

• The village authority has answered the questionnaire on FCZ, nothing to concern on intake; even it is located in FCZ area FCZ.

• In Nam Xam has never polluted by any exploration, chemical or fertilizer, District Natural and Environmental Resource Office mentioned.

Specific:

• Ms. Malayvan Social/Resettlement Specialist also explains about the overall of project.

▪ ▪

57

Figure 8: List of participants in XN.

59

Public consultation with village authorities of village where intake is

29/06/2018

No. Name of interviewee Answer the questionnaire

1. Head of XN village

Mr. Athid Syinthaphone

• Yes, the intake is located in FCZ of XN village

• FCZ is long about 3 Km, large about 15 m. In dry season: it is depth about 20-30 Cm. In raining season: it is depth about 60 Cm.

• It was established by XN district, monitored by village. It depends on Agriculture and Forestry Section.

• The reason is to fish conservation, suitable for fish living

• Nobody can fish in FCZ. If found, they will be fined 5.000.000 Kip per time.

• No fishing around the intake.

29/06/2018


1. Xamneua PIU

Mr. Kowdao

• The new intake is located inXamneua village

• The owner of the land is the state land by Xamneua District Industry and Commercial Office. The type of land is residential.

• PNP can use it for the intake

• The handover certificate is on-going (MOM Attachment)

• The area is around 900 – 1097 m2. It isn’t private land.

60

New intake area in Xamneua

61

Supporting Documentation on Consultations

Field Report on LAR public consultations in sub-project Xamneua

Field Trip Report on LAR from Xamneua and Sopbao sub project from June 24- July 2, 2017

1 Name of Reporter/Field Work Team: Kanda KEOSOPHA Resettlement specialist

2 Purpose of Field Work : To conduct workshop and basic information on resettlement procedures; and also to conduct survey assets loss and Socio-Economic survey of affect households (SESAHS) of private households along alignments of access roads to WTP and reservoir; and other its concern.

3 Date/Actual Schedule of Field Work: from 24 of June to 2 of July 2017

Itinerary of Field Works

Date Activity Lodging

1st day, Saturday: 24/06/2017

Fly* to Phonsavan ( XiengKhouang)

Phonsavan (Xieng Khouang)

2nd day Sunday: 25/06/2017

Travel to Xam Neua ( HouaPhan Province ) Xam Neua

3d day, Monday: 26/06/2017

8.30 Meeting with Governor's office

9.00-12.00 Workshop with PIU and DRC if already established

Afternoon Walk and drive through to different water source options following possible pipe lay out; interviews for IOL with APs from loss of land to WTP or water source

Xam Neua

4th day Tuesday: 27/06/2017

4.1 Whole day: conduct pilot training and IOL at village 1-2-3-4-5-6 on data collection

Xam Neua

5th day Wednesday: 28/06/2017

8.30 Whole day: conduct pilot training and IOL at village 7-8-9-10-11-12 on data collection

16:00: Travel to Sopbao District

Sopbao

6th day, Thursday: 29/06/2017

8.30 Meeting with Governor's office

9.00-12.00 Workshop with PIU and DRC if already established

Afternoon Walk and drive through to different water source options following possible pipe lay out; interviews for IOL with APs from loss of land to WTP or water source

Sopbao

7th day, Friday: 30/06/2017

8.30 Whole day: conduct pilot training and IOL at village 1-2-3 on data collection

Sopbao

8th day, Saturday: 1/07/2017

8.30 Whole day: conduct pilot training and IOL at village 4-5 on data collection

16.00 Travel back to Xam Neua

Xam Neua

62


9th day, Sunday: 2/07/2017

Travel to Phonsavan

Flight* to Vientiane

Vientiane

4 Main Activities (including Venue and Participants):

- short meeting with PNP to present the field trip objective in Xamneua and Sopbao

- short meeting with Governor District of Xamneua and Sopbao to present the field trip objective.

- Conduct workshop training on LAC for Xamneua and Sopbao Districts staffs concerning on LAC data collection.

- Distribution of public Information Booklets (PIB) to each village in core area of project in both districts.

- Conducted survey on LAC in Access road, WTP, Intake and pipe lay out from intake to WTP and from WTP to town borders.

- Conduct pilot training and IOL at villages level in both district.

5 Achievements of the Field Work

- completed to conduct workshop training on LAC in both district staffs concerning, villages chief, villages authorities and PIU on LAC data impacts collection.

Presented:

- Briefing on project orientation, general introduction of LAC, explanation of ADB policy and Lao Decree policy on Land Acquisition and Compensation (LAC)

- Explanation of step the Grievances and Redress problem

- To explanation of severally affects and not severally affect and explanation of permanent and temporary loss.

- To explanation of compensation of Assets loss for the no land certificate right used and land have certificate right used on public and private Land and permanent and temporary impact.

- To explanation on conditional voluntary contribution and explanation of need on DRC and Cut of date.

- To explanation of entitle right for the APs to district authorities.

6 Findings and Issues:

District workshop meeting in Xamneua and Sopbao:

- conducted workshop training meeting chair by Governor and start from 8:30 am to 12: 00 pm; Participants Total 18, female 2, and for Sopbao District Chair by deputy governor district and participants total 14, female 3.

- Clarified and agreed on coordination and workshop training concerning dissemination of information, Governor, PIU and trainee stressed the importance of STWSP.

- Participates well understood on project, impact concerning the compensation and voluntary contribution.

Some Questions raised by participants during workshop meeting.

- Clear explanation on project impact to the participants about compensation according to the ADB policy and Lao Degree on resettlement and Compensation especially degree No. 84/PM Date on 04 May 2016.

7 Conclusions and Recommendations

- In Xamneua district during field work NPN and PIU not actually to decide to take the place for WTP and Intake yet, and on the day resettlement team back to Vientiane, Denis's team they can selected it, and the one option will be priority place it in the dam of Nam Xam river located in Sivilay village and WTP in Nalui village about 6 kl from Intake to WTP, for more information detail of pipe line lay out, WTP, Intake and access road can be taken from Denis's team.

- For the raw water pipe line in Sopbao district from the Intake to WTP will be passing in both public and private

63


land, about 40m for private land other it public, but no any construction and asset. (for the affect in all area will be check again in DMS phase. )

- in this survey it was difficultly for resettlement team, we do not have any information for the pipe lay out in ROW in both district, only PIU just point out the main pipe to propose new lay out and to connect between village to village.

- In both town the ROW very narrow to lay out pipe because physical of city on the mountain maybe many impact on temporary assets.

- No private land permanent affect. just only temporary affect.

- not relocate house

- not Ethnic minority will be affected

- not affect poor household

- For the temporary affect in ROW like trees, cement, concrete in front of house, shop, restaurant will be Affect and should be retaliation by construction company,

- For the Redress committee in both district and Unit cost PIU are ongoing do it.

- we should make public consultation in each villages for resettlements and compensation in the next field trip.

- The main pipe lay out from WTP in Sopbao village to each village as:

1. WTP to Soplong village about 6000 m

2. WTP to PiengXay village about 4000 m

3. WTP to Hadsan village about 6000 m and passing paddy or rice field about 300 to 400 m.

4. WTP to Mounghom village about 4000 m

8 Others (if any):

Field Trip To Houaphan (Xamneua and Sopbao) 15 – 26 October 2017

1. Name of Reporter/Field Work Team: Mr. Kanda Keosopha Resettlement Specialist (LCG) Mr. Phasouk Manivanh, Environmental Specialist (LCG) Supported by Mr. Somnouk Langthong, Deputy PIU of (Xamneua) Other meeting attendees as listed in Attachment 3: List of persons met

2. Purpose of Field Work • To explain the step of grievance and redress the problem to PIU, District staffs, village authorities and villagers on LAC. • To explain about LAC on compensation and voluntary donation to PIU, provincial and district staffs concerning, village authorities and villagers. • To explain severely affected and not severely affected. • Introduce to VDC and related government departments an update of the IEE results and to inform the project affected people of potential impacts and benefits of the project. Results and feedback from the consultations will then be used to revise and finalize the IEE for both Sopbao and Xamneua Subprojects. • The meetings took place in the district office of Natural Resource and Environmental, as well as in the villages of Xamneua, Nathong, Phonkham, Navieng, Phanxay, Naliew, Nanongboua, Thadmouang, Phoxay, Nathongjong, Nasakang, and Misouk. and for the Sopbao are in Ban. Sopbao; Ban. Phiengxay; Ban. Mouanghom; Ban. Hatsane and Ban. Soblong. • Areas of topics have been: project scope, timing, resettlement and environmental issues, cut-off date, water supply system, connection policy, installation of meters, pipe laying, temporary impacts, intake sites, water quality, protection of forests and water sources. For details see Attachment 1, 2 and 3.

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3. Date/Actual Schedule of Field Work: Itinerary of Field Works

Date Activity Lodging

Sun: 15/10/2017 Fly* to Phonsavan ( XiengKhouang) Travel to Xam Neua ( HouaPhan Province )

Xam Neua

16- 21 /10/2017

Conducted public consultation in Xamneua District Xamneua

23 - 24/10/2017

Conducted public consultation in Sopbao District Sopbao

25/10/2017

Travel from Sopbao to Xamnuea - Xiengkhouang - Vientiane.

Vientiane

For details see Attachment 1

4. Main Activities (including Venue and Participants): i. Short meeting with PNP and PIU of Xamnuea District to present the field trip objective to Xamnuea and

Sopbao ii. Explained about the survey Assets loss at new Intake, WTP and Office iii. Interviewed the owner land on new Intake about the situation of the land. iv. Surveyed Assets loss at new Intake, new WTP both in Xamnuea and Sopbao.

For details see Attachment 2

5. Achievements of the Field Work i. Completed to conduct a short meeting with PNP and PIU of Xamnuea District to present the field trip

objective to Xamnuea and Sopbao. ii. Explained about the survey Assets loss at new Intake, WTP and Access road in new Intake Land iii. Completed to conduct individual meeting to interview the owner land on new Intake about the situation and

compensation the land. iv. Completed to Survey Assets loss at new Intake, new WTP and Access road in New intake both in Xamnuea

and Sopbao. v. Briefing on project orientation, general introduction of LAC, explanation of ADB policy and Lao Decree

policy on Land Acquisition and Compensation (LAC). and Environmental vi. Explanation of step of Grievance and Redress problem to participants. in both district Xamnuea and

Sopbao. vii. Explanation the compensation of Assets loss on entitle right of Assets loss, no certificate Land Use Right

and have certificate Land Use right on private and public land. viii. Explanation of severely affected and not severely affected. ix. Explanation of permanent and temporary loss, severely affected and not severely affected x. Explanation of the condition on voluntary contribution, the need of PRC and DRC, and cut-off date. xi. Completed to conduct village consultation meeting for villagers and village authorities on LAC and

Environmental issue in 17 villages in both districts. For details refer to Attachment 2

6. Findings and Issues

i. About the survey found that: The new Intake of Xamnuea located in Xamnuea village Mr. Kan Inthaboualy is the owner land from 1997. in this land before 2014 he was grow rice, but now he cannot do because no access road and the land of other one had slide deposit to his land. now a day he have tow bamboos plantation. other trees it was natural.

ii. Reservoir and PNP office and WTP and new Intake of Sopbao are public land iii. The certificate land use right of, PNP office, WTP, Reservoir already issue for PNP to be owner.

Attachment 2

7. Conclusions and Recommendations For details refer to Attachment 2 i. District should issue the certificate land use right for intake in Sopbao and Xamneua to PNP in next step,

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at least a few month should be completed no longer making. ii. To conduct workshop, village consultation on LAC, Environmental and Survey at Xamnuea and Sopbao

sub project from 16 - 26 October 2017.

For the Actions required / Follow up, the timing of the action and ‘By whom’ needs to be assigned Summary actions (assigned person): Attachment 2

8. Others (if any):

Attachments: (i) Attachment 1: ACTUAL ITINERARY & ACTIVITIES (ii) Attachment 2: Field Report

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Photos Field work report for Workshop meeting in Xamneua and pilot training collection data on LAR

Picture 1 (25 June 2017)

Workshop meeting on LAR in Xamneua District meeting hall; Time: start from 8:30 am to 12 pm

Total participants : 19 and female 3

Picture 2 training pilot data collection on LAR at village level; PIU explanation to village

authorities in Xamneua. district subproject.

(Date: 26 June 2017)

Picture 3 pilot training interview data collection for the small noodle shop to village authorities

in Xamneua district subproject.

(Date: 27 June 2017 )

Picture 4 Team survey from NPN, PIU, DPWT; Picture 5 Typical propose site for water tower

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and village authorities survey site for Intake, WTP Date: 26 June 2017 ( Public land )

tank at Naliew Village Xamnuea District.(Area : 20x50 Public land ) Date: 26 June 2017

Picture 6: Other site to propose for WTP in Naliew village, Xamneua district. (area: 50 x 50

Public land) Date: 1 July 2017

Picture 7: New option for the Intake, dam of Nam Xam located in Samakixay and Sivilay

Village Xamneua district, this dam they are use for irrigation in 3 villages: 1. Sivilay; 2. Samakhixay; 3. Ngui Date: 1 July 2017

Meeting with PIU, Staffs of DONRE in Xamnuea District:

Date of: 16 October 2017

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Report on Field Trip to Xamneua and Sopbao by Resettlement Team

STWSP

January 2018

Introduction:

The field trip was based on the work of the first field trip for Xamneua and Sopbao, resulting in the initial IOL. This second field trip will result in an updated IOL based on DMS and detailed design (lay-out) after PIU has received the detailed design maps which were not finalized during the time of the field trip.

Objectives:

1 Explanation of initial IOL and calculation

2 preparation and training for DMS

3 further explanation of resettlement procedures

Contents:

9 Initial IOL presentation and discussion

10 Reminder of 13 steps of Resettlement procedures

11 Presentation forms 1-5

12 Presentation form socio-economic data new APs

13 Interviews with APs and Village Heads

PIC:

Kanda and Hermien

Participants:

1. Meetings

Xamneua:

DRC:

Vil Chiefs of Nanuangbua, Misouk, Naliew, Phanxay, Navieng

Dep Chiefs (representing the Vil Chief) of Thadmuang, Phoxay, Nathongchong, Nathong (♀), Phongkham, Samneua (11 men including 1 woman)

Village Representatives:

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Chief Front Misouk

Tax Office Nasakang (♀)

PIU:

Head of PIU

Head Technical staff of PIU

Total of 14 persons including 2 women plus 2 PIU staff

Sopbao:

DRC:

Village chief of Sopbao

Village Representatives:

Dep. Chief Front Soplong

Secretary Youth Phiengxay

Chief District LWU (♀)

Staff District Environment

Dep. Public Health

PIU/OPW:

Head technical staff PIU

Staff OPW

Total of 6 persons including 1 woman plus 2 PIU/OPW staff.

2. Interviews

A total of 46 persons were interviewed (including 14 women and 10 Hmong) (33 persons (12 women; 7

Hmong, 2 Vietnamese) in Xamneua and 13 persons (2 women (2 more women were planned to be visited

but were not there), 3 Hmong and 8 Taideng (although belonging to same Tai-Kadai language group as the

Lao and therefore not classified as ethic group needing special attention)) in Sopbao). For APs and

Interviews’ overview see at end of Field Report.

Method:

5 Presentation and explanation of IOL and Measurement Techniques

6 Big group discussion

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7 Walk through and interviews w. APs and village heads

Document prepared:

8 Initial IOL and summary LACP in Lao

9 13 steps of Resettlement procedures (reminder)

10 Forms 1-5

11 Form socio-economic data new APs

12 Measurement Technique Picture

13 Interview questions for APs and Village Heads

14 Lay-out overview maps

Socio-Economic survey data for FS

Findings:

DRC

Xamneua:

The DRC was officially announced in a letter by the District Governor of 24 January 2017. The DRC members

consist of the Deputy Governor, Head OPWT, Head of the Cabinet Office, LWU (♀), Public Health (♀), 2

representatives of the Police, Head of Environment and Resources, Front, secretary of cluster, chiefs of 12

core villages (22 persons, including 2 women).

Cut-Off Date

Although it was discussed in the first FT of Resettlement that an official cut-off announcement would have to be made by the District Authorities, this had not been done in either of the 2 towns. In both towns, villagers had built new constructions already, even if being told by the village chief that they would not be compensated if the structures had to be damaged for laying the water pipes. However, as there was no offical documentation of a cut-off date available, the project will still have to compensate for those structures. Both District Governors will issue a cut-off date letter as soon as possible.

The cut-off letter for Xamneua was signed on 16 January 2018 and announced the start of the project at 13 March 2017. The letter states that the cut-off date goes into affect on the signing date of the letter on 16 January 2018 in Xamneua.

Demographic Observations:

The IOL data from July 2017 were valid for the majority of the AHs. But there were also a lot of changes in demographics with people moving, dying, marrying, giving birth, etc. People definitely don’t sit still in waiting for the project. Many of the single ladies had married, some houses were sold to others, some people died. These are all normal things in human life, but requiring an update of the IOL before the project starts. Once the DMS is done, the design might not change

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anymore but the demographic data will still need continuous monitoring and revising.

Vietnamese living long-term in Xamneua and Sopbao, are mostly not registered with the authorities as they can actually not live long-term in Laos without a proper work contract. In Sopbao, we met a lady married to a Vietnamese for 30 years but officially he is not registered and therefore her status in the IOL was noted as ‘single’. The Village Authorities know the Vietnamese man lives and works in Sopbao but cannot register him. This is a problem that showed up in the social assessment as well. Therefore, the numbers of the data collected by the project’s team can be different than the official data by the District and Village Authorities. With regards to compensation this also could present a problem because Vietnamese/Chinese AHs will not be eligible for compensation under the Lao law. Fortunately so far, only Vietnamese who rent shops have been encountered in Xamneua and Sopbao and compensation would only be for business loss and not structural loss. As most of their businesses involve clothes and hardware, the losses will be very minimal as they will be able to sell during pipe laying and there is no need for compensation.

It was encouraging to see that wherever a new road was arriving, new businesses would open up. In Xamneua this could be seen at the loop road and in Sopbao businesses that were not yet there in July 2017, now had been opened along the road. The DMS has to take these new potential AHs into account. Apparently, people see opportunity to do business with the new road and water coming in.

Sopbao also has a support relation with a town in Vietnam. The agreement was signed last year with high authorities in attendance. The Vietnamese town funded the building of a fancy village authorities’ office for Sopbao village. The Sopbao authorities are very open to new business ventures and it is puzzling why not more Vietnamese are active in Sopbao whereas in Xamneua every other shop is run by Vietnamese under rental agreement. The explanation was that Sopbao is just too small and that Xamneua has far more opportunities because of the number of people coming through and living there.

Along the roads in Xamneua and Sopbao it was quite striking that there were few dogs (e.g., when going on the road in Xiengkhouang there would be a dog at every corner). This possibly has to do with a tradition that eating dog meat is good and warming for the body. Maybe the proximity of Vietnam also plays a role as Vietnamese commonly eat dog meat. It made for quiet nights without dogs barking.

Between December and February, many ethnic groups celebrate their own New Year. Their villages plan a period of 3 to 4 days to celebrate which varying dates for different villages. It seemed that especially Taideng villages, of which there are a lot in Sopbao, were enjoying these days. When our car pulled up at 1 village in Sopbao at 9.30 in the morning, the ground was littered with Halida tins (Vietnamese beer) and it was hard to find any coherent speaking person. The time of our field trip also happened to be a very cold time of the year, and this might have been the reason that in general a large number of people, especially men, whom we met were a little intoxicated in order to keep warm. Or it might be that drinking together is still the only past-time in the area around Sopbao where there is very little else to do. In Xamneua, where it was also very cold, the presence of home made ‘medicine’ (alcohol with herbs) was prevalent and families brought each other bottles ‘to keep warm’. All in all, there was a bit of a feeling of a past era and ‘not much has changed for some time’.

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Design Points:

In Xamneua, the roads are in exceptionally good state (more visible so because it is also very clean in the town) with widespread asphalt coverage and paved sidewalks over drains. A well done loop road links small villages and already new businesses and settlements appear along this road. The good state of the roads will however, require the breaking up of all these roads to lay the water pipes. It seems almost waste to have to dig up the old pipes for replacement and it will cost more than in most other towns to dig the pipe trenches and reinstall the road in previous condition. We observed a refilled ditch for a lightning pole and the contractor did not do a good job so that the straight coverage of the road was no longer visible but it looked ‘crappy’. The owner of the drive way and PIU said that this was the standard of work that contractors delivered when reinstalling roads/pavement in previous conditions. In Xamneua, there should be extra attention paid to the quality of replacement works.

After all layers of the road are completed, the road project will provide access to the houses that are now unreachable. This might be done before the WS project starts. For the WS project this means that digging trenches will have to be done through newly poured cement (and in some cases concrete). If at all possible, it might work better if the road project and WS could plan works together in order not to have to do double work.

The detailed design maps were not yet ready (although Water Technical Assistance (WTA) had said that Sopbao was finalized already and Xamneua would be ready by 15 Dec without any information received that this was not the case). Instead the Resettlement Team received some maps with the lay-out overview (prepared by Nippon Koei and SK Consultants) for both Sopbao and Xamneua. It was not clear why no detailed lay-out maps were provided for Sopbao even when the design was finished. Because the trip was about training the PIU how to do the DMS, we used the lay-out overview and the PIU’s memory of the location for the main pipes according to the topographic survey that had been done already. The PIU will do the DMS when the detailed designs are submitted to them.

When:

10-17 January 2018

Schedule Field Trip Xamneua and Sopbao, 10 to 17 January 2018:

1st day, Wednesday 10 Jan:

VTE-XKH 11.40

Travel to Xamneua

2nd day, Thursday 11 Jan:

Visiting new intake site and WTP

Walk and drive through for raw water main

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3dday, Friday, 12 Jan:

9.00-12.00 Workshop with PIU and DRC

14.00 Interviews with APs (Xamneua (3), Phoxay (1), Naliew (3), Phanxay (2))

16.00 Drive through Misouk

4th day, Saturday, 13 Jan:

1. Interviews with APs (Thad Muang (6), Nathongchong (2), Navieng (5))

13.30-17.00 Interviews with APs (Nasakang (5), Nanuangbua (4), Nathong (3))

16.30 Drive through Phonkham

5th day, Sunday, 14 Jan:

Drive to Sopbao

Visit to intake site as on overview lay-out map

6th day, Monday, 15 Jan:

8.30-9.00 Meeting with Governor's office

9.00-12.00 Workshop with PIU and DRC

13.30 Visit to 2 alternative options for intake (and pre-sedimentation tank)

14.30 Interviews with selected APs (Soplong (2), Phiengxay (3), Sopbao (3))

7th day, Tuesday, 16 Jan:

8.30 Interviews with APs (Muonghom (2), Hadsane (3))

Afternoon Return to Xamneua/Xiengkhouang

8th day, Wednesday, 17 Jan:

Return XKH-VTE: 12.50

Interviews with APs (in presence of respective village heads and Village LWU)

Xamneua

33 persons (12 women; 7 Hmong, 2 Vietnamese)

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Xamneua: Vil Chief, Dep Chief, LWU (♀) (3 including 1 woman)

Mr. Kan, Lao, intake of 2,500 m2; Mr. Kan was in Vientiane but it was clarified with the Village Committee Representatives that he is entitled to 150,000 kip/m2 lost land based on the agreed land prices from the meeting with the Village Chiefs as members of the District Resettlement Committee.

Mr. Kampou, Lao, 1 fruit tree (young; no yield yet)

Mrs. Aod, Lao, beauty salon and sewing atelier, daughter of Mr. Kan

Phoxay: Vil Chief

Mr. Thong, Lao, 6 m2 cement

Naliew, Vil Chief, 2 Dep Chiefs (3 men, Hhmong)

Mrs. Mai, Hmong, rents the place, 10 m2 cement

Mr. Sypaserth, Lao, restaurant on the hill that is probably not affected

Mrs. Neunchong, Lao, bought 14x11m (154 m2) (in exchange of 575m2 that she had in Thadmuang) from Mr. Kim who no longer owns the house in Naliew now

Phanxay, Village Chief

Mrs. Maisy, Lao, guesthouse

Mrs. Neunthong, Lao, 12m2 cement

Thadmuang, Dep Vil Chief, Chief Development committee (2 men)

Mr. Vilaoyang, Hmong, 15m2 cement

Mr. Somxay, Lao, retail shop

Mrs Lounpeng, Lao, rents out clothes shop to Vietnamese (Mrs. Thungtu) for 10 million kip/year

Mr Letum (Nokting), Vietnamese, rents from Mrs. Khampad for 11 million kip/year, retail clothes

Mrs. Khampad, Lao

Nathongchong, Dep Vil Chief

Mr. Lyyang, Hmong, trading shop, concrete in front, 1 fruit tree already cut for light pole

Mr. Bounyeuang, Lao, already 43 years in Xamneua, rented out a food shop to a Vietnamese but the shop closed already

Navieng, Dep Vil Chief

Mr. Yan, Lao (mother Vietnamese), water seller since 7 years

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Mr. Siphon, Lao, 1 fruit tree

Mr. Mar, Lao, new wall and pillar, no more lemon grass

Mrs. Jaipon, Lao, 1 fruit tree

Mr. Jikhamxay, Hmong, cassava, banana tree, ginger roots

Nasakang, Chief Development Committee (♀), Dep Chief, Chief Village (3 including 1 woman)

Mrs. Beer, Hmong, 15 m earth

Mr. Tongsavath, Lao, 15m2 onion

Mrs. Bounseuan, Lao, 15 holes sugar cane

Mr. Jum. Lao, 20 holes sugar cane

Mrs. Souk, Lao, small retail shop

Nanuangbua, Vil Chief

Mr. Tabou, Lao, 4 fruit trees

Mr. Chandy, Hmong, 1 tamarind

Mr. Sithixay, Lao, 4 fruit trees

Mr. Vanxay Moulinying, Hmong, water seller since 8 years

Nathong, 2 Dep Chiefs, Front Rep (3 persons)

Mrs. Vanpong, Lao, retail shop

Mr. Bounthon and Mrs. Onn, Lao, noodle shop

Mr. Somwai, Lao, restaurant

A visit to Mr. Airlaoyien, Hmong, was planned but he no longer lives in the house although he still owns it.

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FURTHER CONSULTATIONS JUNE 2018

PIA CONSULTANT FIELD VISIT REPORT

1. Objective of field trip

The objective of this field trip was to (i) provide updated information based on the detailed engineering design, (ii) collection information of new intake place in Xamneua focusing on LAR and (iii) conduct the public consultations and interview Village Authority and people who living around intake area in Xamneua, focusing on fishing activities and clarity on protection areas along Nam Xam.

2. Date (Itinerary) and In-Charge by:

The Social/Gender/Resettlement specialist and Environment specialist are proposed to be conducted on 26 June –1July 2018 in Sopbao and Xamneua districts in Houaphan Province.Village and district scheduled for 6 days (3 days travel, 1.5 days working in Xamneua and 1.5 days working in Sopbao including local travel:

Actual Itinerary of Field Trip to Xamneua and Sopbao Subproject:

Data Activity Participant Location

Tuesday, 26/06/18

Travel from Vientiane Capital to Xieng

khuang Province by Car

Ms. Malayvanh Phommavanh,

Social/Gender/Resettlement specialist

Mr.Phasouk Manivanh,Environment specialist

PIU Team

Overnight in

Phonsavan district,

Xieng khuang

Province

Using PCU car

with One driver

Wednesday, 27/06/18

Continue to travel Xiengkhuang Province to

Huaphan Province by Car and

Continue travel to Sopbao

Ms. Malayvanh Phommavanh,


Mr.Phasouk Manivanh,Environment specialist

PIU Team

Overnight in

Sopbao

Using PNP car

with driver

Thursday, 28/06/18

Conduct the public consultation meeting

with village authority to present the field trip

objectives and outputs needed, site visit

around intake are and meet people who do

the fishing in this area.

Travel back to Xamneua after work

- Village Authority of Sopbao village

- 3 to 5 people who doing fishing in the area

around the intake fish

- 3 people selling the fish in market

- Sopbao Natural Environment and

Resources Office

- PIU

Overnight in

Xamneau

Using PNP car

with driver

Friday, 29/06/18

Conduct the public consultation meeting with

village authority to present the field trip

objective and output need,site visit around

intake are and meet people who do the

fishing in this area.

Wrap up meeting with PIU team

- Village Authority of XN village

- 3 to 5 people who doing fishing in the area

around the intake fish

- Xamneua Natural Environment and

Resources Office

- PIU

Overnight in

Xamneau

Using PNP car

with driver

Mr. Phasouk Manivanh, Environment specialist

travel back to Vientiane after Wrap up meeting

with PIU team

Saturday,

30/06/18

Afternoon: PIA Travel Huaphan to Xieng

khuang by Car

- Ms. Malayvanh Phommavanh,


Overnight in

Xiengkhuang

Province

Sunday.

1/07/18

PIA continue to Travel Xieng khuang to

Vientiane Capital

- Ms. Malayvanh Phommavanh,


Vientiane Capital

Responsible staff:

Ms. Malayvanh Phommavanh(Social/Gender/Resettlement specialist)

Mr. Phasouk Manivanh (Environment specialist)

3. Participants/ Discussion of impacts on protection area:

(1) Participants

Total participants in the meeting was 9 people including 1 female.

Name of District Total Female

Ethnicity

Laolum Hmong Khmu

Total Female Total Female Total Female

Xamneua 9 1 9 1 1

Note: Detail of registration see the attachment (2)

(2) Discussion

Presentation: General introduction about the FCZ questionnaire to fish seller and the authority how to determine the FCZ


General responses:

✓ Overall, no any impact to fish.

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✓ The participants also agreed with the implementation principles and proposed facilities of the project. They also appreciated about the proposed safeguards measures, policies and concerns raised about fish and impacts on livelihood. There is not any impact on fishing and income.

✓ According to the representative of District Natural and Environmental Resources Office the project might have only minor temporary impacts during construction phase.

✓ The Head of village: How is the project progress? When is the project going to start the construction?

Specific:

1.1 Ms. Malayvan Social Specialist clarifies on land of intake location and collects the agreement. Also explains about the project progress.

4. Findings and Issues:

• Nam Xam has never polluted by any exploration, chemical or fertilizer, District Natural and Environmental Resource Office mentioned.

• There is a FCZ about 1.8 km upstream of the intake. The district authorities have also declared a new area where intake is located as a protection zone where no fishing, mining or waste disposal is allowed.

5. Recommendations

•

6. Others (if any):

➢ Some pictures of consultation meeting on and at intake tower area of Xamneua district.

Consultation meeting Xamneua.

New place of intake in Xamneua.

Interviewing a villager living near the Nam Xam

Attachment:

1. Interview the List of participants of impact consultation at intake area in Xamneua

Consultation on Fish Conservation Zones and Fishing in Xamneua

I Public consultation with Village Authorities of village where intake is:

1. Are there any FCZs near to/around the intake?

2. If yes, what is the size (m2) of this FCZ?

3. Location – how far upstream/downstream from the intake:

4. When was it established?

5. For what reason was it established in that location

6. What are the rules for the FCZ?

7. Who established and monitors the FCZ?

8. Can people fish in the FCZ?

29/06/2018


1. Head of XN village

Mr. Athid Syinthaphone

1. Yes, the intake is located in protection zone of XN village 2. Protection zone is about 4.7 km long, width about 15 m. In dry season: it is depth about 20-30 cm. In raining season: it is depth about 60 cm. 3-4, 7. It was established by XN district, monitored by village. It depends on Agriculture and Forestry Section. 5. The reason is to protect environment, fish conservation, suitable for fish living 6-8. Nobody can fish in protection zone. If found, they will be fined 5.000.000 Kip per time. 6. No fishing around the intake.

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CONSULTATIONS, AUGUST 2018


The objective of this field trip was for:

- To conduct the public consultations meeting and focus group discussion with Village Authority and

people who living around the proposed intake area in Xamneua.

- Site visit and collection information around proposed intake place and Protection Zones nearby.


The Social/Gender/Resettlement specialist and Environment specialist are proposed to be conducted on 21- 26 August 2018 in Sopbao and Xamneua districts in Houaphan Province. Village and district scheduled for 6 days (4 days travel from Vientiane capital to Province with including local travel, 1 days working in Xamneua and 1 days working in Sopbao:



Tuesday, 21/08/18

Travel from Vientiane Capital to

Xiengkhuang Province by Car

Ms. Sengdavanh Environment specialist

Ms. Malayvanh Phommavanh, Social and

Gender specialist

Using PCU car with

One driver

Overnight in

Phonsavan district,

Xiengkhuang

Province

Wednesday, 22/08/18

Morning: Continue to travel

Xiengkhuang Province to Huaphan

Province by Car

Afternoon: Meet Deputy director of

DPWT to discuss Site visit around

intake, Fish Conservation Zones and

meet people who do the fishing in this

area.

Ms. Malayvanh Phommavanh, Social and

Gender specialist

Mr. Sengdavanh, Environment specialist

PIU Team

Overnight in Xamneau

Using PCU car with

driver

Thursday, 23/08/18

Morning:

Conduct public consultation and focus

group discussion

- Representative of Provincial Department Natural Resource and Environment and District Natural Resource and Environment Office

- Representative of Provincial Department Agriculture and Forestry and District Agriculture and Forestry Office

- Village authorities (VA) and representative of VDCs.

- Representatives of fishermen HHs in

Xamneua village

- PIU team

- 2 PIA

Overnight in Sopbao

Using PCU car with

driver

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Afternoon: PIU and PIA Travel

Xamneua district to Sopbao District

Friday 24/08/18

- Conduct public consultation and

focus group discussion

-

- Site visit around intake, Fish

Conservation Zones and meet

people who do the fishing in this

area.

- Representative of District Natural Resource and Environment Office

- Representative of District Agriculture and Forestry Office



Sopbao village

- PIU team

- 2 PIA

Overnight in Sopbao

Using PCU car with

driver

Saturday 25/08/18

PIU and PIA Travel Xamneua district to

Sopbao District


Afternoon: PIA Travel Huaphanto

Xiengkhuang Province

- PIU team

- PIA

- 2 PIA and Project driver

Overnight in

Xiengkhuang

Using PCU car with

driver

Sunday 26/08/18

PIA Travel Xiengkhuang Province to

Vientiane Capital by Car

- Ms. Sengdavanh Environment

specialist

- Ms. Malayvanh Phommavanh, Social

and Gender specialist

Responsible staff :

Ms. Sengdavanh (Environment specialist)–

Ms. Malayvanh (Social/Gender/Resettlement specialist)

3. Participants/ Discussion of impacts on protection zone:

Participants

Total participants in the meeting was 17 people including 6 females.

Name of District Total Female

Ethnicity

Laolum Hmong Khmu


Xamneua 17 6 16 6 1 0

Note: Detail of registration see the attachment

Presentation:

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General introduction about New intake construction in Nam Xam River by proposed intake designer, plan to abstract water and basic of technique of construction. Discussion about concerns of impacts during construction for protection zone management and maintenance of protection zone, questionnaire to fish seller and the authority how to determine the FCZ.


The meeting raised numerous issues for discussion as follows: - Reasons and main objective the request of villagers to establish a protection area along the Nam

Xam reiver o The main idea of establishment protection zone in Nam Xam River is to establish Management

Boundaries of Xamneua Villages which was carried out under the district policy to assign responsibility to each village in along Nam Sam River in Xamneua district for rehabilitation of the environment and maintain richness of aquatic biodiversity “It is not for only fish”.

o The village authority determined the rules and responsibilities for the protection zone – No fishing, mining or waste disposal within the protection zone.

- The significance and conservation status of protection zone: o To rehabilitation of the environment and richness of aquatic biodiversity “It is not for only fish”.

- Declaration/decision of the establishment of protection zone along Nam Xam bot Lao version and

translation are attached below

- Description of intake design, plan to abstract water o All participants confirmed that they understand principles to construct and planned abstraction of

water for the water treatment plant.

- Proposed of mitigation measures (EMP) were described to the participants

Feedback / suggestions from the Village authorities, villagers and Government staff on impacts of protection zone during the construction or after construction.

o It is anticipated that there will not be any negative impacts to the livelihood of villagers in Xamneua Village, because villagers do not catch fish in the Nam Xam River for daily household consumption and fishery is not main occupational or is not for household income. Most of households go to fishing just the way of living for relaxation during free time.

o Villagers proposed that the project should design and construct the intake structures to withstand strong currents and flows of the river during a rainy season. During the heavy raining, strong water flows can cause a risk to river bank erosion.


Xamneua District:

a. Answers from district natural resources and environment office, district agriculture and forest office, PIU, Village Authorities, VDCs with all villagers that were met did not have concerns about construction of intake tower in Nam Xam River.

b. Village protection/conservation area in Nam Xam was established 2 months after PIC and PIU had selected the intake location.

c. Mr. Anonglak Vice of District Governor explained about the misunderstanding between FCZ and conservation area in Nam Xam River. The establishment of the conservation area in Nam Xam has been carried out under the district policy on the assignment of responsibility to each village in the protection of Nam Xam river in Xamneua district for rehabilitation of the environment and richness of aquatic biodiversity. The plan to establish a river protection/conservation area by the village has been processed after an area for installation of a water pumping station has been

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identified with an understanding that intake will not have negative impacts on the protection/conservation area.

d. In Nam Xam has never polluted by any exploration, chemical or fertilizer, District Natural and Environmental Resource Office mentioned.

e. Representative of Provincial Agriculture and Forest said: they never do survey on fish species on Nam Sam River.

5. Recommendations

a.

6. Others (if any):

➢ Some pictures of consultation meeting and at intake tower area for Xamneua and Sopbao district.


District Governor’s Xamneua Chairman of the meeting

New place of intake in Xamneua

Consultation meeting Sopbao. Women Working group. Intake location in Sopbao

Attachment:

1. Consultation record 2. Minutes of meeting and List of participants of impact consultation at intake area in Xamneua 3. Xamneua protection zone Regulation

Prepared by: Approved by:

Graham Jackson

84

Social and Gender Specialist Team Leader, Project Implementation

Assistant (PIA)

85

Attachment 1: Consultation Record

In Xamneua

In the morning of 23 August 2018, the consultation meeting on the Intake location for the Small Towns Water and Sanitation project is located within Nam Xam River’s Management Boundary of Xamne

u Village was organized in the Meeting Hall of Xamneua Village, Xamneua District Huaphan Province. The meeting was chaired by Mr. Anongluck Sengsouliya, Vice District Governor of Xamneua District and welcomed of 17 participants, including 6 females from Xamneua village authorities, District Office of Agriculture and Forestry, District Office of Natural Resources and Environment, Xamneua villagers and the Small Towns Water and Sanitation Project staff.




RESPONSIBILITY

23 August

2018


at B. Xamneua meeting room

08.30 -10:.45 AM

▪ PIU ▪ PIC

▪ PIU ▪ Village authorities /

Villagers who do the fishing along the Nam Xam/ District

▪ PIC ▪

17 participants

By sex:


- Lao Loum: 16 - Hmong: 1

Presentation:

• General introduction about the FCZ questionnaire and how to determine the FCZ


General:


• The village authority has answered the questionnaire on FCZ, nothing to concern on intake; even if it is located in protection zone.


After the Vice District Governor speech open the meeting, The meeting raised numerous issues for discussion as follows: 1. How many fish species are they in the village?

• Carp, bass, tetra, climbing perch, tilapia, redfish, catfish guppy,

schistura, tonguesole.

2. How do fishes migrate? Is this area for fish spawn habitats?

• The fishes do not migrate far from in this area, the fish is usually

spawning along river bank bushes where the water is shallow. The

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fish spawn season starts from February to April and the fish

nursery is from May to June.

3. How is the Nam Sam River’s Management Boundary of Xamneu

Village used?

• The Nam Xam River’s Management Boundary of Xamneu has

never been used sofar, as this area has not yet been implemented

which currently is under preparation for conservation area.

4. Do villagers agree with the plan to install an intake station in the area?

• The village authorities and villagers agreed with the construction

of intake that the project has proposed.

5. If the Xamneua water supply project is to go ahead with installation of

an intake in the conservation area, what are the impacts to the

villagers living around Xamneua village? If they are, what are the

comments or suggestions of villagers to avoid or reduce these

impacts?

• There will not be any impacts to the livelihood of villagers in

Xamneua Village. Because villagers do not catch fish in the Xam

River for daily household consumption and fishery is not main

occupational or is not for household income. Most of households

go to fishing just the way of living for relaxation during free time.

• Villagers propose to the project about the design and construction

of the intake structure, so the intake structure has resistance to

the strong currents and flows of the river during a rainy season.

During the heavy raining, strong water flows can cause a risk to

river bank erosion.

The meeting agrees the following points:

• The establishment the Nam Xam River’s Management Boundary

of Xamneu Village has been carried out under the district policy

on the assignment of responsibility to each village in along Nam

Xam River in Xamneua district to rehabilitation of the environment

and richness of aquatic biodiversity. The plan to establish the Nam

Xam River’s Management Boundary of Xamneu Villagby the

village has been processed after an intake location has been

identified. Therefore, to reduce impacts from the project, the

district and village authorities have unanimously agreed with

villagers that the establishment the Nam Xam River’s

Management Boundary of Xamneu Village for the rehabilitation of

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river environments should allocate 800 meters downstream of

intake location.

• The village agrees that construction of the proposed intake

location as the area has not been identified for the Nam Xam

River’s Management Boundary of Xamneu Village. The

construction does not create any impact to livelihood of the

villagers nearby.

Specific:

• Mr. Anonglak Vice of District Governor was explained about misunderstanding between FCZ and conservation area in Nam Xam River. The establishment of the conservation area in Nam Xam has been carried out under the district policy on the assignment of responsibility to each village in the protection of Xam river Xamneua district along rehabilitation of the environment and richness of aquatic biodiversity. The plan to establish a water conservation area by the village has been processed after an area for installation of a water pumping station has been identified.

• Ms. Malayvanh Phommavanh Social/Resettlement Specialist also explains about the overall of project.

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Attachment 2: Minutes of consultation Meeting

Lao People’s Democratic Republic Peace Independence Democracy Unity Prosperity

*******************

Meeting Minutes of

The Technical Consultation Meeting on Installation of water pumps for the Small Town Water and Sanitation Project, Samneua district,

Huaphan province

- Pursuant to the scheduled plan of the Small Town Water and Sanitation Project.

- Pursuant to the data collection, feasibility and survey design from 20 March 2017 to 20 June

2018.

- Pursuant to the designated locations, dated 2 May 2018 for water processing and water supply

filtering factory at Xamneua district.

- Pursuant to the recommendations and advice from the Asian Development Bank, dated 15

August 2018 on discussions of designed areas for water pumps.

In the morning of 23 August 2018, the technical consultation meeting on locations of water pumps

for the Small Town Water and Sanitation project was organized in Nam Xam river conservation area, Xamneua district Huaphan province. The meeting welcomed 17 participants, including 6 females from Xamneua village authorities, District Office of Agriculture and Forestry, District Office of Natural Resources and Environment, Xamneua villagers and the Small Towns Water and Sanitation Project staff.

The meeting raised numerous issues for discussion as follows: 1. How many fish species are they in the village?

• Carp, bass, tetra, climbing perch, tilapia, redfish, catfish guppy, schistura, tonguesole.

2. How do fishes migrate? Is this area for fish egg-laying?

• The fishes in this area do not migrate far from the river which usually lay their eggs along

river bank bushes where the water is shallow. The egg-laying season starts from February

to April. Bass usually lays their eggs from May to June.

3. How is the conservation pond used?

• The pond has never been used as the pond has not yet been implemented which currently

is under registration for conservation area.

4. Do villagers agree with the plan to install a water pumping station in the area?

• The village authorities and villagers agreed with the construction of water pumps that the

project has proposed.

89

5. If the Xamneua water supply project is to go ahead with installation of a water pumping station

in the conservation area, what are the impacts to the villagers living around Xamneua village?

If they are, what are the comments or suggestions of villagers to avoid or reduce these impacts?

• There will not be impacts to the life of villagers in Xamneua as villagers do not hunt fish in

the Xam river for household consumption, and fish hunting is not their main activity. It is just

their way of living for relaxation during free time.

• Villagers propose to the project about the design and construction of the water pumping

station, so the water pumping station has resistance to the strong currents and flows of the

river during a rainy season. During the wet season, water currents and flows can cause a

risk to river bank erosion.


• The establishment of this conservation area has been carried out under the district policy on

the assignment of responsibility to each village in the protection of Xam river Xamneua district

along rehabilitation of the environment and richness of aquatic biodiversity. The plan to

establish a water conservation area by the village has been processed after an area for

installation of a water pumping station has been identified. Therefore, to reduce impacts from

the project, the district and village authorities have unanimously agreed with villagers that the

establishment of an area for the rehabilitation of water environments should allocate 800

meters away from the water pumping station.

• The village agrees that the proposed construction of a water pumping station as the area has

not been identified for conservation. The construction does not create any impact to villagers

nearby.

Xamneua district, 23 August 2018

Village Chief of Xamneua Minute taker

Chairman of the meeting

Deputy Xamneua District Governor

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Attachment 3: Regulation of Protection Zone

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

Xamnuea District No. /

Xamnuea Village Xamnuea, Dated on 20 June 2018

Regulation

On the Management of Protection Zone of Ban Xamnuea, Xamnuea District,

Huaphanh Province

- Pursuant to the Law on Aquatic and Water Resource No. 5/NA, Dated 11 October 1996.

- Pursuant to the Lao on Aquatic-Wildlife No.07/NA, Dated 24 December 2007.

- Pursuant to the consideration and agreement of Conservation Zone at the meeting room of

the Administrative Office of Xamnuea District on 30 May 2018.

To implement the development on the biodiversity, the water sources and the national natural

resources to be complied with the policy of the State-Party as well as the protection of the

Protection Zone and the livelihood improvement of villagers to better more.

The village authority together with the …….. as well as the villagers shall participate in the

establishing of the regulations on the management of the Protection Zone, the water sources as

well as the natural resources of the village as detail following:

Part I

Location and the Village Management Area

Article 1: On the location of Ban Xamnuea which is located in the municipal of Xamnuea District,

which has borders with the following villages:

- Bordered with Ban Kor to the North

- Bordered with Ban Phoxay to the South

- Bordered with Ban Naliew to the East

- Bordered with Ban Poung to the West

Article 2: On the planning of the Protection Area Management by the participation of Ban Xamnuea

which was classified by the protection, management and the total of using area including:

the total area of Xam river of 2.2 ha with the length of 2.063 m as well as the total area of

Hang river of 7.1 ha with the length of 2.646 m.

93

Part II

The Regulations and Prohibitions

Article 3: The prohibitions of the Protection Zone of the village

The rights and duties of the villagers are equally in term of the Protection Zone

management which is based on each family condition. All shall actively participate in the protection

and the rehabilitation of the Protection Zone and had issued the regulations on the Protection Area as

following:

1. Individuals, families who live in or outside the village are prohibited to do any fishing in

the Protection Zone of the village.

2. The Protection Zone of the village covered from Sophuaylong to Xam river bridge with

the length of 2.063 m and the total area of Hang river of 7.1 ha with the length of 2.646 m

was protected and managed by the Village according to the assignment from the relevant

organization (it prohibited to all divisions to do the fishing in the Protection Area).

3. All type of fishing methods are prohibited such as poison dosing using, explosive material,

electricity shocks, etc in the Protection Area.

4. All type of fishing methods including Gillnet used, Cast Net used, Pole Hook and other

fishing gears in the Protection Area are prohibited.

Part III

Awards for Outstanding Person and Sanctions against Offenders

Article 4: Sanction against offenders

1. If it is found that any individuals or families used poison dosing, explosive material,

electricity shocks, gillnet, cast net, pole hook, etc. within the Protection Zone. The first

time fines LAK 5,000,000 /person/time with warning and seizing the fishing gears.

However, second time, will be fined a double in cash LAK 10,000,000 /person/time with

the news broadcasting, warning, educating as well as seizing. If the offender did not pay

the penalty fee for the first and second time as the penalty amount, they should compensate

by using labor or shall stay in the prison for 45 days.

2. For the third time, the offender shall be taken to the police office for the case conduction

according to the Law on Aquatic and Wildlife and the Criminal Law. In case if the

offender was arrested, he/she will stay in the prison for 24 hours in term of waiting for the

case solution without any compliant based on the strictly regulation.

3. If it found that the offender destroyed the signs, for the first time fines LAK 1,000,000

/sign/time (the sign of the Protection Area) together with warning, educating and the

sign replacement. For the second time, will be fined a double in cash LAK 2,000,000

/sign/time together with warning, educating.


Person who participant on management and protection have effective performance in the

implementation above regulation shall be receive awards village level, District level and central level

94

under the law and regulation. If any person see the offender and reports to Protection Zone Community

and Community can arrested the offender, will be received 20% of fine amount, and if any person can

be arrested the offenders, will be received 50% of fine amount (For 1st and 2nd time).

Article 6: The regulations on the management and protection of aquatic resources, aquatic and

natural resources will be altered if have some item are not suitable for the management

and protection conditions - actually used by the organizations, the elderly and relevant

parties as the researchers are constantly updating.

Article 5: This regulation will become effective from the signature date. Any regulation conflicting

with this regulation are cancelled and using this regulation instead.

Samnuea District Governor

District Agriculture and Forestry

Office

Village Head

Anonglack Sengsouliya Ms. Phalavanh SINKHAMTHONG Mr. Ouchanh Balamee

Submit to:

1. Ban Xamnuea 1 copy

2. Relevant Agency 1 copy

3. Filing 1 copy

95

Attachment 5.


Peace Independence Democracy Unity Prosperity **************

Dated 02 May 2018

Minute of Meeting

The Consultation on “Land is used for Water Supply and Sanitation Construction within Xamneua District, Huaphan Province”.

In the morning of 02nd May 2018, at 8:30 A.M. The meeting has opened in the 4th floor of Department of Public Work and Transport, Huaphan Province under Mr. Onphan THONGTHIDA is the chairman (Deputy of DPWT, Huaphan Province) and representative of relevant sections. No. of total participants: 18 people; Female: 1 person. The list of participants is in attachment.

The purpose of the meeting: To make the decision together with the provincial relevant sections. To determine the point/location for Water Supply and Sanitation Sector construction Project in Xamneua district. The detail of discussion has focused on 3 main points below:

1. The proposed land of intake (Water Pumping Point) has the area: 900 m2.

2. The proposed land will be built the Nampapa basin in Ban. Phonkham that has 300 m3 distribute to some high area within town.

3. The proposed land will be built the new Nampapa basin that is above the existing water supply plant area, require the additional extend area more than the existing one about (30-50 m).

Subsequently, the discussion and comments are made from the representative of provincial relevant sections have agreed together with directly and high responsibility in the meeting that:

4. Additional Water Supply and Sanitation Sector construction Project in Xamneua district, is agreed to build/location the intake (Water Pumping Point) in front of Department of Labor and Social Welfare (This location has been transferred to Xamnuea District Industry and Commercial Office); So appoint to Project Coordinator Office and relevant sections of village, district, and province should prepare the detail of process documents, agreements following the rule and Nam of Owner Land is issued/transferred to Project.

5. For the land planning of Xamnuea District Industry and Commercial Office is being developed the area is ordered to stop building.

6. The meeting has agreed the relevant sections (Land Allocation Committee) should find out the state land to Xamnuea District Industry and Commercial Office suitably instead of that one.

7. For proposed Nampapa basin construction is located in B. Phonkham 12 x 12 m, distribute to some high area. This is appointed to PIU for setting the provincial of contribution budget plan for compensation under the agreed price with the Owner Land initially is 2,500,000 Kip.

8. For additional extend land from the existing treatment plant (Current Nampapa Basin)

96

is located above 30-50 m. This is appointed to Ban. Phanxai, Natural Resource and Environment Office, Xamnuea District, PIU and Nampapa Enterprise of Huaphan Province should survey the area and collect the fruit tree by discussion and recording with the Owner Land. After that, report to the committee for consideration together.

The meeting has been conducted for 1 session morning and closed at 11:00 A.M with succeed. Therefore, this minute of meeting is recorded for being the reference in the future.

The chairman of meeting

Deputy of DPWT, Huaphan Province. Mr. Onphanh Thongthida

Recorder: Mr. Kowdao Phongkha

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Report on Field Trip to Xamneua and Sopbao by Resettlement Team

August 2018

Purpose of field trip

The Consultation Meeting on the Proposed Location of Intake for the Small Town Water Supply and Sanitation Project, Xamneua amd

Sopbao Subproject towns, Huaphan province

7. Name of Reporter

PIC:


Ms. Malayvanh Phommavanh (Social/Gender/Resettlement specialist)


The objective of this field trip was for:

- To conduct the public consultations meeting and focus group discussion with Village Authority and

people who living around the proposed intake area in Xamneua and Sopbao.

- Site visit and collection information around proposed intake place and Fish Conservation Zones

nearby.


The Social/Gender/Resettlement specialist and Environment specialist are proposed to be conducted on 21- 26 August 2018 in Sopbao and Xamneua districts in Houaphan Province. Village and district scheduled for 6 days (4 days travel from Vientiane capital to Province with including local travel, 1 days working in Xamneua and 1 days working in Sopbao:



Tuesday, 21/08/18

Travel from Vientiane Capital to

Xiengkhuang Province by Car

Ms. Sengdavanh Environment

specialist

Ms. Malayvanh Phommavanh, Social


Using PCU car with

One driver

Overnight in

Phonsavan district,


Wednesday, 22/08/18

Morning: Continue to travel

Xiengkhuang Province to Huaphan

Province by Car

Afternoon: Meet Deputy director of

DPWT to discuss Site visit around

intake, Fish Conservation Zones and

meet people who do the fishing in

this area. Not sure if we need to

meet this people

Ms. Malayvanh Phommavanh, Social


Mr. Sengdavanh, Environment

specialist

PIU Team

Overnight in Xamneau

Using PCU car with

driver

Thursday, 23/08/18

Morning:

Conduct public consultation and

- Representative of Provincial Department Natural Resource and

Overnight in Sopbao

Using PCU car with

98


Afternoon: PIU and PIA Travel

Xamneua district to Sopbao District

Environment and District Natural Resource and Environment Office

- Representative of Provincial Department Agriculture and Forestry and District Agriculture and Forestry Office



Xamneua village

- PIU team

- 2 PIA

driver

Friday 24/08/18

- Conduct public consultation and


-

- Site visit around intake, Fish

Conservation Zones and meet

people who do the fishing in this

area. Not sure if we need to meet

this people

- Representative of District Natural Resource and Environment Office

- Representative of District Agriculture and Forestry Office



Sopbao village

- PIU team

- 2 PIA

Overnight in Sopbao

Using PCU car with

driver

Saturday 25/08/18

PIU and PIA Travel Xamneua district

to Sopbao District


Afternoon: PIA Travel Huaphanto


- PIU team

- PIA

- 2 PIA and Project driver

Overnight in

Xiengkhuang

Using PCU car with

driver

Sunday 26/08/18

PIA Travel Xiengkhuang Province to

Vientiane Capital by Car

- Ms. Sengdavanh Environment

specialist

- Ms. Malayvanh Phommavanh, Social


Responsible staff :


Ms. Malayvanh (Social/Gender/Resettlementspecialist)

10. Participants/ Discussion for FCZ impact for intake area:

(3) Participants

Total participants in the FCZ meeting was 28 people including 9 females.

No. Name of District Total Female Ethnicity

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Laolum Hmong Khmu


1 Sopbao 11 3 10 3 1 0

2 Xamneua 17 6 16 6 1 0

Total 28 9 26 9 2 0

Note: Detail of registration see the attachment (2)

(4) Discussion: Presentation:

General introduction about New intake construction in Nam Xam and Nam Ma River by proposed Intake designer, plan to abstract water and basic of technique of construction. We are also discussion about concern of impact during construction for FCZ management and maintenance the FCZ questionnaire to fish seller and the authority how to determine the FCZ Comments – Questions – Answers:

The meeting raised numerous issues for discussion as follows:

Xamneua:

- Idea and mean objective established FCZ and the authority how to determine the FCZ. o The mean idea of establishment conservation zone in Nam Sam River’s it’s to Management

Boundary of Xamneu Village has been carried out under the district policy on the assignment of responsibility to each village in along Nam Sam River in Xamneua district to rehabilitation of the environment and richness of aquatic biodiversity “It is not for only fish”.

o The village authority had to determine the rules and responsibility on FCZ.

- The significance and conservation status of FCZ o To rehabilitation of the environment and richness of aquatic biodiversity “It is not for only fish”.

- Information on fish species, habit and fish migration.

o Sopbao: FCZ in Nam Ma river has been supporting from TABI project such as: banner for FZC, material for FCZ management and the project also help village authority to do the fish species existing FCZ. (See in attached)

- Intake designer, plan to abstract water o All participants shall and understand on design, plan abstract water.

- Proposed of mitigation measures

- Feedback / suggestion for Village authority, villagers and Government staff on impact of FZC

during the construction or after construction. o There will not have any impacts to the livelihood of villagers in Xamneua Village. Because

villagers do not catch fish in the Sam River for daily household consumption and fishery is not main occupational or is not for household income. Most of households go to fishing just the way of living for relaxation during free time.

100

o Villagers propose to the project about the design and construction of the intake structure, so the intake structure has resistance to the strong currents and flows of the river during a rainy season. During the heavy raining, strong water flows can cause a risk to river bank erosion.


Sopbao:

- Idea and mean objective established FCZ and the authority how to determine the FCZ. o Village authority of Sopbao was introduced about general of Fish conservation zone in Nam

Ma River: This fish conservation zone was established since 2005 with helping from TABE project “Fund from Swedish” and responsibility by village authority and villagers. To mean tenant the FCZ the village authority are establish the community and rule for FZC management.

o In previously until now, Nam Ma was very strict management how to use fertilizer by the District Agriculture and Forestry Office and Sopbao village.

- The significance and conservation status of FCZ o In Sopbao: The FCZ is used for fish spawning ground and nursery

- Information on fish species, habit and fish migration.

o FCZ in Nam Ma river has been supporting from TABI project such as: banner for FZC, material for FCZ management and the project also help village authority to do the fish species existing FCZ. They do server on fish species one time a year (See in attachment for list of fish species in this FCZ)

o The fishes do not migrate far from in this area. (See in attached)

- Intake designer, plan to abstract water o All participants shall and understand on design, plan abstract water; they do not have any

concern about any impact on the livelihood of the people or fish living in this area. They were also proposing to the project about the technical of construction of the intake structure, so the intake structure has resistance to the strong currents and flows of the river during a rainy season. During the heavy raining, strong water flows can cause a risk to river bank erosion.

- Proposed of mitigation measures

- Feedback / suggestion for Village authority, villagers and Government staff on impact of FZC during the construction or after construction. o They do not have any concern about the construction all participants agreed to continue with

the construction of the intake at the original proposed location due to: ▪ It is not in the conservation pond ▪ It does not affect fish spawning ground and nursery as the FCZ is far from water pumps

and Nam Ma River is the big river so the construction will not affect to the fish. o It hasn’t any impact to livelihood of villagers in this village as most of people are working for

government (Approximately 80-90%). The fish hunting in Nam Ma River is for household consumption only and fishing is a leisure time activity for them.


Xamneua District:

101

• Answers from District natural and environment office, District agriculture and forest office, PIUs, VA, VDCs with all villagers that we meet were not concern about intake tower construction in Nam Xam River.

• Village conservation area in Nam Xam is established 2 Month later after PIC and PIU selection Intake location.

• Mr. Anonglak Vice of District Governor was explained about miss understand between FCZ and conservation area in Nam Xam River. The establishment of the conservation area in Nam Xam has been carried out under the district policy on the assignment of responsibility to each village in the protection of Sam river Xamneua district along rehabilitation of the environment and richness of aquatic biodiversity. The plan to establish a water conservation area by the village has been processed after an area for installation of a water pumping station has been identified.


• Representative of Provincial Agriculture and Forest said: they never do the server on fish species on Nam Sam River.

Sopbao District:

• Answers from District natural and environment office, District agriculture and forest office, PIUs, VA, VDCs with all villager that we meet were not concern about intake tower construction in Nam Ma river.

• In previously until now, Nam Ma was very strict management how to use fertilizer by the District Agriculture and Forestry Office and Sopbao village.

• All participants are not concern about any impact from intake construction because the location of intake is far from FCZ around 650 meters.

• After last survey on 22 July 2018, the village propose to reduce FCZ from 500m large to 300m because it's too big and difficult to protection and management. After last survey Changed size of FCZ from (28m*500m) to (50m*300m) in dry season and (90m*300m) in rainy season or depend on river side but not over then 90m.

• Confirmed from all participants join the meeting the construction is not impact on fishing and income. It might have only minor temporally impact during construction phase, by District Natural and Environmental Resources Office.

12. Recommendations

•

13. Others (if any):

➢ Some pictures of consultation meeting on FCZ at intake tower area for Xamneua and Sopbao district.


District Governor’s Xamneua Chairman of the meeting

New place of intake in Xamneua

102

Consultation meeting Sopbao.

Women Working group. Intake location in Sopbao

Attachment:

2. Consultation record 3. Minute of meeting and List of participants of FCZ impact consultation at intake area in Xamneua

and Sopbao 4. Sopbao_FCZ_Regulation

Prepared by: Approved by:

Graham Jackson

Social and Gender Specialist Team Leader, Project Implementation

Assistant (PIA)

103

In Xamneua

In the morning of 23 August 2018, the consultation meeting on the Intake location for the Small Town Water and Sanitation project is located within Nam Sam River’s Management Boundary of Xamneu Village was organized in the Meeting Hall of Xamneua Village, Xamneua District Huaphan Province. The meeting was chaired by Mr. Anongluck Sengsouliya, Vice District Governor of Xamneua District and welcomed of 17 participants, including 6 females from Xamneua village authorities, District Office of Agriculture and Forestry, District Office of Natural Resources and Environment, Xamneua villagers and the Small Town Water and Sanitation Project staff.




RESPONSIBILITY

23 August

2018


at B. Xamneua meeting room

08.30 -10:.45 AM

▪ PIU ▪ PIC

▪ PIU ▪ Village authorities /

Villagers who do the fishing along the Nam Xam/ District

▪ PIC ▪

17 participants

By sex:


- Lao Loum: 16 - Hmong: 1

Presentation:

• General introduction about the FCZ questionnaire and how to determine the FCZ Comments – Questions – Answers:

General:


• The village authority has answered the questionnaire on FCZ, nothing to concern on intake; even it is located in FCZ area FCZ.


After the Vice District Governor speech open the meeting, The meeting raised numerous issues for discussion as follows:

6. How many fish species are they in the village?

• Carp, bass, tetra, climbing perch, tilapia, redfish, catfish guppy,

schistura, tonguesole.


• The fishes do not migrate far from in this area, the fish is usually

spawning along river bank bushes where the water is shallow. The

fish spawn season starts from February to April and the fish

nursery isfrom May to June.

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8. How is the Nam Sam River’s Management Boundary of Xamneu

Village used?

• The Nam Sam River’s Management Boundary of Xamneu has

never been used sofar, as this are ahas not yet been implemented

which currently is under preparation for conservation area.


• The village authorities and villagers agreed with the construction

of intake that the project has proposed.

10. If the Xamneua water supply project is to go ahead with installation of

an intake in the conservation area, what are the impacts to the

villagers living around Xamneua village? If they are, what are the

comments or suggestions of villagers to avoid or reduce these

impacts?

• There will not have any impacts to the livelihood of villagers in

Xamneua Village. Because villagers do not catch fish in the Sam

River for daily household consumption and fishery is not main

occupational or is not for household income. Most of households

go to fishing just the way of living for relaxation during free time.

• Villagers propose to the project about the design and construction

of the intake structure, so the intake structure has resistance to

the strong currents and flows of the river during a rainy season.

During the heavy raining, strong water flows can cause a risk to

river bank erosion.


• The establishment the Nam Sam River’s Management Boundary

of Xamneu Village has been carried out under the district policy

on the assignment of responsibility to each village in along Nam

Sam River in Xamneua district to rehabilitation of the environment

and richness of aquatic biodiversity. The plan to establish the Nam

Sam River’s Management Boundary of Xamneu Villagby the

village has been processed after an intake location has been

identified. Therefore, to reduce impacts from the project, the

district and village authorities have unanimously agreed with

villagers that the establishment the Nam Sam River’s

Management Boundary of Xamneu Village for the rehabilitation of

river environments should allocate 800 meters downstream of

intake location.

• The village agrees that construction of the proposed intake

location as the area has not been identified for the Nam Sam

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Annex 1: Meeting Minutes of the Consultation Meeting on the Intake Location for the Small Towns Water and Sanitation Project, Xamneua district, Huaphan province

Annex 2: Xamneua_FCZ_

River’s Management Boundary of Xamneu Village. The

construction does not create any impact to livelihood of the

villagers nearby.

Specific:

• Mr. Anonglak Vice of District Governor was explained about miss understand between FCZ and conservation area in Nam Xam River. The establishment of the conservation area in Nam Xam has been carried out under the district policy on the assignment of responsibility to each village in the protection of Sam river Xamneua district along rehabilitation of the environment and richness of aquatic biodiversity. The plan to establish a water conservation area by the village has been processed after an area for installation of a water pumping station has been identified.

• Ms. Malayvanh Phommavanh Social/Resettlement Specialist also explains about the overall of project.

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*******************

Meeting Minutes of

The Consultation Meeting on the Intake Location for the Small Towns Water

Supply and Sanitation Sector Project, Samneua district, Huaphan province

- Pursuant to the Action Plan of the Small Towns Water Supply and Sanitation Sector Project.

- Pursuant to the data collection, feasibility study and survey design from 20 March 2017 to 20 June

2018.

- Pursuant to the designated locations, dated 2 May 2018 for the Intake and Water Treatment Plan

Location at Samneua district.

- Pursuant to the recommendations and advice from the Asian Development Bank, dated 15 August

2018 for conduct the consultation on the location of raw water intake.

In the morning of 23 August 2018, the consultation meeting on the Intake location for the Small Town Water and Sanitation project is located within Nam Sam River’s Management Boundary of Xamneu Village was organized in the Meeting Hall of Samneua Village, Samneua District Huaphan Province. The meeting was chaired by Mr. Anongluck Sengsouliya, Vice District Governor of Xamneua District and welcomed of 17 participants, including 6 females from Samneua village authorities, District Office of Agriculture and Forestry, District Office of Natural Resources and Environment, Samneua villagers and the Small Towns Water and Sanitation Project staff.

After the Vice District Governor speech open the meeting, the meeting raised numerous issues for discussion as follows:

11. How many fish species are they in the village?

• Carp, bass, tetra, climbing perch, tilapia, redfish, catfish guppy, schistura, tonguesole.


• The fishes do not migrate far from in this area, the fish is usually spawning along river bank bushes

where the water is shallow. The fish spawn season starts from February to April and the fish nursery

is from May to June.

13. How is the Nam Sam River’s Management Boundary of Samneu Village used?

• The Nam Sam River’s Management Boundary of Samneu has never been used so far, as this area

has not yet been implemented which currently is under preparation for conservation area.


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• The village authorities and villagers agreed with the construction of intake that the project has

proposed.

15. If the Samneua water supply project is to go ahead with installation of an intake in the conservation

area, what are the impacts to the villagers living around Samneua village? If they are, what are the

comments or suggestions of villagers to avoid or reduce these impacts?

• There will not have any impacts to the livelihood of villagers in Samneua Village. Because villagers

do not catch fish in the Sam River for daily household consumption and fishery is not main

occupational or is not for household income. Most of households go to fishing just the way of living

for relaxation during free time.

• Villagers propose to the project about the design and construction of the intake structure, so the

intake structure has resistance to the strong currents and flows of the river during a rainy season.

During the heavy raining, strong water flows can cause a risk to river bank erosion.


• The establishment the Nam Sam River’s Management Boundary of Samneua Village has been

carried out under the district policy on the assignment of responsibility to each village in along Nam

Sam River in Samneua district to rehabilitation of the environment and richness of aquatic

biodiversity. The plan to establish the Nam Sam River’s Management Boundary of Samneua Villag

by the village has been processed after an intake location has been identified. Therefore, to reduce

impacts from the project, the district and village authorities have unanimously agreed with villagers

that the establishment the Nam Sam River’s Management Boundary of Samneua Village for the

rehabilitation of river environments should allocate 800 meters downstream of intake location.

• The village agrees that construction of the proposed intake location as the area has not been

identified for the Nam Sam River’s Management Boundary of Samneu Village. The construction does

not create any impact to livelihood of the villagers nearby.

Samneua district, 23 August 2018

Village Chief of Samneua Minute taker

Chairman of the meeting

Deputy Samneua District Governor



Xamnuea District No. /

Xamnuea Village Samnuea, Dated on…. June 2017

Regulation

On the Management of Fish Conservation Zone of Ban Xamnuea, Xamnuea District,

Huaphanh Province

- Pursuant to the Law on Aquatic and Water Resource No. 5/NA, Dated 11 October 1966.

- Pursuant to the Lao on Aquatic-Wildlife No.07/NA, Dated 24 December 2017.

- Pursuant to the consideration and agreement of Fish Conservation Zone at the meeting room

of the Administrative Office of Xamnuea District on 30 May 2018.

To implement the development on the biodiversity, the water sources and the national natural

resources to be complied with the policy of the State-Party as well as the protection of the Fish

Conservation Zone and the livelihood improvement of villagers to better more.

The village authority together with the …….. as well as the villagers shall participate in the

establishing of the regulations on the management of the Fish Conservation Zone, the water

sources as well as the natural resources of the village as detail following:

Part I

Location and the Village Management Area

Article 1: on the location of Ban Xamnuea which is located in the municipal of Xamnuea District,

which has borders with the following villages:

- Bordered with Ban Kor to the North

- Bordered with Ban Phoxay to the South

- Bordered with Ban Naliew to the East

- Bordered with Ban Poung to the West

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Article 2: on the planning of the Fish Conservation Zone Management by the participation of Ban

Xamnuea which was classified by the protection, management and the total of using area

including: the total area of Sam river of 2.2 Ha with the length of 2.063 m as well as the

total area of Hang river of 7.1 ha with the length of 2.646 m.

Part II

The Regulations and Prohibitions

Article 3: The prohibitions of the Fish Conservation Zone of the village

The rights and duties of the villagers are equally in term of the Fish Conservation Zone

management which based on each family condition. All shall actively participate in the

protection and the rehabilitation of the Fish Conservation Zone and had issued the regulations

on the fish conservation zone as following:

5. Individuals, families who live in or outside the village were prohibited to do any fishing

in the Fish Conservation Zone of the village.

6. The Fish Conservation Zone of the village covered from Sophuay long to Sam river bridge

with the length of 2.063 m and the total area of Hang river of 7.1 ha with the length of

2.646 m was protected and managed by the Village according to the assignment from the

relevant organization (it prohibited to all divisions to do the fishing in the fish conservation

zone).

7. All type of fishing methods are prohibited such as poison dosing using, explosive material,

electricity shocks, etc in the Fish Conservation Zone.

8. All type of fishing methods including Gillnet used, Cast Net used, Pole Hook and other

fishing gears in the Fish Conservation Zone are prohibited.

9. Individuals, families who live in or outside the village were prohibited to destroy the

prohibition signs in the Fish Conservation Zone.

10. Sand-mining exploration, cloth washing and other actions are prohibited which is affected

to the fish in the fish conservation zone.

Part III

Awards for Outstanding Person and Sanctions against Offenders


4. If it found that any individuals or families used the poison dosing, explosive material,

electricity shocks, Gillnet, Cast Net, Pole Hook, etc which affected to in the Fish

Conservation Zone. The first-time fines LAK 5,000,000 /person/time with warning and

seizing the fishing gears. However, second time, will be fined a double in cash LAK

10,000,000 /person/time with the news broadcasting, warning, educating as well as

seizing. If the offender did not pay the penalty fee for the first and second time as the

penalty amount, they should compensate by using labor or shall stay in the prison for 45

days.

5. For the third time, the offender shall be taken to the police office for the case conduction

according to the Law on Aquatic and Wildlife and the Criminal Law. In case if the

offender was arrested, he/she will stay in the prison for 24 hours in term of waiting for the

case solution without any compliant based on the strictly regulation.

6. If it found that the offender destroyed the signs, for the first-time fines LAK 1,000,000

/sign/time (the sign of the fish conservation zone) together with warning, educating and

the sign replacement. For the second time, will be fined a double in cash LAK 2,000,000

/sign/time together with warning, educating.

7. In charge to intercede, educate and determinate as well as to implement the regulation on

the fish conservation zone.

8. Monitor the inspection and arresting the offenders who act against the village’s regulation

and then report to the village authority to undertake the regulation in timely manner.

9. Report to the village’s authority and higher level regularly.

Article 5: The village responsible area of the Fish Conservation Zone covered from Sophuaylong

to Sam river bridge no. 4.

Article 6: The above assigned person shall acknowledge and implement according to their own

roles, rights and duties and shall make announcement to the villagers.

Article 7: This regulation will become effective from the signature date.

Xamnuea District Governor

Anonglack Sengsouliya

Submit to:

4. Ban Samnuea 1 copy

5. Relevant Agency 1 copy

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6. Filing 1 copy

Attachment 5: Declaration for Affected Persons

LAO PEOPLE’S DEMOCRATIC REPUBLIC

Province:………………………………………………District:…………………………………………......

Village: ………………………………………………..

Hereby, it is declared that the household headed by

Name: ……………………………………………………………………………Age:…………………….

with residence located in …………………………………………………………………………..

village, is affected by the water supply project and has been previously informed by the local

authority of their entitlement to compensation for any loss of property (house, land and trees) that

might be caused by the construction of water supply system or urban environmental

(development) improvements in ………..…….. district, ………………. village. I confirm that I will

loose land of ………..…. square meters located in ……,…………….. village to be provided to the

local authority.

Type of Loss

Area (sqm)/ Unit

Unit Rates Total Comment

Land

Houses

Structures

Crops

Trees

Other

Total

Therefore, I sign this declaration of my entitlement to compensation.

Date: …………………………………………...…….. ...………………………………………. District

Signature:………………………………………...…... ……………………………………………….... Owner/user of the land/house/structure/crops/trees Wife/Husband

Witnesses:

1. ………………………………………………….…… 2…………………………………………………

Certified by the Chief of the Village: ……………..… The Chief of DRC: ………………………..…..

Attachment 6: Form for Consultation with no longer Aps


Province:……………………………………………

District:…………………………………………......

Persons who were APs in the previous design should be told if they are no longer affected after

revision of the design. They can sign after the visit by the responsible persons..

No. Name Village Date Visit Visited by whom

Signature of former

AP

Signature of former AP’s

wife

Certified by the Chief of the Village: ……………………………………………………….…

The Chief of PIU: ………………………..……………………………………………………...

Attachment 7: Receipt of Compensation Payment for Affected Persons


Province:………………………………………………District:…………………………………………...... Village: ……………………………………………….. Hereby, it is declared that the household headed by Name: ……………………………………………………………………………Age:……………………. with residence located in ………………………………………………………………………….. village, has received compensation payment according to the previous agreement with the water supply project. It has been previously informed by the local authority of their entitlement to compensation for any loss of property (house, land and trees) that might be caused by the construction of water supply system or urban environmental (development) improvements in ……………………. district, ……………………. village. Foreseen losses by the above mentioned household are summarized in the table below:

Type of Loss

Area (sqm)/ Unit

Unit Rates Total Comment

Land

Houses

Structures

Crops

Trees

Other

Total

Head of household signs below to confirm payment of compensation.

Date: …………………………………………...…….. ...………………………………………. District

Signature:………………………………………...…... ……………………………………………….... Owner/user of the land/house/structure/crops/trees Wife/Husband

Witnesses:

1. ………………………………………………….…… 2…………………………………………………

Certified by the Chief of the Village: …………………………………….…..…

The Chief of PIU: …………………………………………………………....…..

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Attachment 8: Form Distribution of PIBs


Province:……………………………………………District:…………………………………………......

Please tick when you have received.

Received by Name Position Number of PIBs Date Signature

PIU 100 (3 to keep)

Governor's office 2

DRC 5

Village 1 9

Village 2 9

Village 3 9

Village 4 9

Village 5 9

Village 6 9

Village 7 9

Village 8 9

Village 9 9

Village 10 9

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Attachment 9: Lao Laws and Regulations and ADB policy and guidelines regarding involuntary resettlement

A. Lao PDR Laws and Regulations

1. The Constitution (1991) provides the following relevant articles:

Article 14. The State protects and promotes all forms of state, collective, and individual ownership.

Article 15. Land in Lao PDR is owned by the national community. The State ensures the right to use, transfer, and inherit it in accordance with the law.

Article 8. Establishes the right of all ethnic groups to protect, preserve and promote their customs and heritage. All acts of division and discrimination among ethnic groups are prohibited.

2. The 1997 Land Law (No. 01/97) is the principal legislation by which the State exercises its constitutional responsibility for the management, preservation, and use of land. In relation to Project resettlement, this law allows for expropriation of land by the state when this is in the public interest. Importantly, the Land Law requires the land user to be compensated, and this compensation is determined by an inter-agency committee. The articles of particular importance to resettlement are summarized below:

• Article 5 - provides for protection of the rights of efficient, regular and long-term land users.

• Article 43 – rights to use of land can be achieved through delegation by the state, inheritance of through transfer of rights.

• Article 54 – termination of land use rights can be affected by voluntary liberation of rights by possessor, or through expropriation by the state for use of the land in the interests of the public.

• Article 61 – when land is required to be expropriated by the government for use in the public interest, the relevant authorities are required to compensate the land use possessor for their losses.

• Article 62 – determination of assessed losses should be undertaken by a committee comprising representatives of all concerned agencies.

8. The Land Law (No. 04/NA) of 21 October 2003, supersedes the previous Land Law (1997), which outlines land definitions, land titles and the responsible authorities that vary for each category of land use or administration. The Law makes some reference to the compensation entitlement for land in Article 67-70 but not to structures.

9. The Land Law provides the issuance of a Land Title, which attests provisional ownership rights to use agricultural as well as forestland (Articles 17-18 and 21-22). Land titling is being undertaken under the AusAid/World Bank project in a number of towns. Under this project Land Titles and Land Survey Certificates are issued. In places where Land Titling has not been done yet, most APs will only have Land Use Rights Certificates (Form 01), Land Tax Payment Receipts and/or Residency Certificates. Form 01 are certificates of land use for taxation and are considered evidence of land use but not as legal title.

10. For agricultural and forest land the District Agricultural and Forestry Extension Office (DAFEO) issues Temporary Use Certificates. People without proof of ownership and/or certificates are considered “unregistered” users. These users differ from “illegal” users. In case of acquisition, APs who hold the above documents but also those who are granted customary land use rights17 or are considered unregistered users since before the cut-off date, receive compensation under the

1 7 These certificates are issued at the District level.

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Land Law.

11. The Road Law (1999) requires “reasonable” compensation to the owner whose land will be acquired for the right-of-way (ROW), relocation and replacement structures and loss of trees and crops (Article 19). In the Decree and ADB regulations it is stated that privately owned land or land under permitted land use within the agreed ROW used for road construction will be expropriated, and the owner will receive reasonable compensation. However, in Laos it often is the case that structures and even part of housing are constructed within the ROW after the ROW has been announced. In this case in the Project compensation will be restricted for loss of materials of structures, repair costs and loss of trees.

12. While both the Land Law and the Road Law ensure compensation for legal owners of properties under acquisition, they do not guarantee either replacement value of the acquired properties or restoration of income, or indeed provide for compensation to nonlegal (but not illegal) users.

13. The Decree 192/PM on Compensation and Resettlement (July 2005) rectifies key areas of the Land and Road Laws which would prevent informal land users from any eligibility, and also sets a clear definition of the “reasonable compensation” mentioned in the Land and Road Laws and determines these as replacement cost. It supplements the Land and Road Laws in than it provides processes and mechanisms for acquiring and removal of structures and not just land and for determining entitlement, with community participation. Along with the decree’s Regulation on Implementation (November 2005) and Technical Guidelines (November 2005), it provides a comprehensive framework on resettlement planning in Lao PDR. The Decree recognizes the rights of vulnerable groups (i.e. households headed by women, disabled, elderly or very poor) and ethnic groups.

14. The Lao Government's Law on the Protection of the Environmental, 18 December 2012 (No. 29) and Decree on Compensation and Resettlement Management in Development Projects, 5th of April 2016 (84/PM) confirm the above Decree in more detail and emphasize the responsibility by development Project owners for compliance with LAR procedures.

B. ADB Safeguard Policy Statement (2009)

13. The objectives of Policy on Involuntary Resettlement and detailed in the OM Section F1/OP issued on 4 March, 2010 are to avoid and/ or minimize impacts to people particularly the poor and the vulnerable group, their property and businesses affected by land acquisition and other impacts of the project, including impacts to livelihood and income that arise during project implementation. The policy stipulates three important elements in involuntary resettlement: (i) compensation for lost assets and loss of livelihood and income, (ii) assistance in relocation including provision of relocation sites with appropriate facilities and services, and (iii) assistance with rehabilitation so as to achieve at least the same level of well-being with the Project as before. The policy further specifies that the absence of legal title to land cannot be considered an obstacle to compensation and rehabilitation privileges. All persons affected by the Project, especially the poor, landless, vulnerable, and disadvantaged households should be included in the compensation, transition allowance, and rehabilitation package. Where involuntary resettlement is unavoidable, it must be minimized either by exploring project alternatives, or by providing specific mitigation measures to enhance and/ or at least restore the living standards of the affected people to their pre-project levels. ADB’s SPS 2009 stresses that the living standards of people affected by resettlement should be improved. ADB’s Policy on Indigenous Peoples states that the borrower/client will ensure (i) that affected Indigenous Peoples receive culturally appropriate social and economic benefits; and (ii) that when potential adverse impacts on Indigenous Peoples are identified, these will be avoided to the maximum extent possible. Where this avoidance is proven to be impossible, based on meaningful consultation with indigenous communities, the Indigenous Peoples Plan (IPP) will outline measures to minimize, mitigate, and compensate for the adverse impact.

15. ADB’s Policy on Gender and Development (2006) is an appropriate guiding document to

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ensure that their needs and concerns are addressed and that gender issues in resettlement are mitigated. This policy adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate and that their needs are explicitly addressed in the decision-making process. For projects that have the potential to cause substantial gender impacts, a gender action plan (GAP) is prepared to identify strategies to address gender concerns and the involvement of women in the design, implementation and monitoring of the project. The category for gender in this project is effective gender mainstreaming.

16. Other policies of the ADB which are relevant to resettlement planning and implementation are: (i) Public Communications Policy (2011); and (ii) Accountability Mechanism (2012). As per these policies, Project Coordination Units (PCUs) and PIUs are required to proactively share and disclose project information with stakeholders and the public at large. Affected people should have easy access to the project information. A grievance redress mechanism, therefore, must be included in the resettlement plans and disclosed to the affected people. The RP must be uploaded in the ADB website after its approval by ADB and disclosure to project beneficiaries.

17. The recent changes in the Government of Lao PDR legislation related to compensation and resettlement in development represents a significant improvement in the rights of citizens when their livelihoods, possessions and society are affected by development projects.

Attachment 10: Public Information Booklet

LAO People's Democratic Republic

SMALL TOWNS WATER SUPPLY AND SANITATION SECTOR PROJECT

Xamneua District Town Subproject

PUBLIC INFORMATION BOOKLET

Prepared by:

Ministry of Public Works and Transport

DEPARTMENT OF WATER SUPPLY

Houaphanh PE

Jan 2018

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WHAT IS THE SMALL TOWN WATER SUPPLY AND SANITATION PROJECT (STWSP)? The Government of the Lao PDR is using funds from the Asian Development Bank and other sources to improve access to clean, safe water, proper sanitation facilities and urban drainage in 13 towns throughout Lao PDR. In Xamneua, a new water supply system will be constructed to supply water to the core villages of Misouk, Nathang, Samneua, Naliew, Navieng, Nanuangboa, Nathongchang, Phanxay, Thadmuang, Phoxay, Nasakang, Phonkham. Water will be taken from the Nam Sam river or tributary. Core villages will also be able to improve drainage and household sanitation. The Ministry of Public Works and Transport (MPWT) is the Executing Agency for the Project. In each province and district, a Project Implementation Unit (PIU) will be established under the provincial DPWT. Village committees will help inform and consult people about the Project.

WHEN WILL THE PROJECT START? A Feasibility Study for the project in Xamneua will be conducted from June 2017 through the first half of 2018. During that time also the detailed engineering design will begin. Construction will start in the second half of 2018. The Project will keep you informed about progress and important dates.

One part of the Feasibility Study is the Land Acquisition and Compensation Plan.

WHAT IS THE MAIN OBJECTIVE OF THE LAND ACQUISITION AND COMPENSATION PLAN? The main objective of the program is to ensure that all people affected by land acquisition (affected people or APs) will be at least as well-off, if not better-off, than they would have been without the Project. A preliminary census and inventory of losses (IOL) will be carried out in June/July 2017 to identify potentially affected people. You will be informed about the results. After the position and alignment of the infrastructure is known and the detailed design is completed, a detailed measurement survey (DMS) will be done in the presence of APs, village head, district official, and a member from the Lao Women’s Union or Lao Front for National Construction to record any losses for compensation and rehabilitation. The PIU and village officials with help from Project consultants to identify who is affected by land acquisition and record affected land, structures and crops or trees.

HOW WILL THE STWSP AFFECT PEOPLE IN XAMNEUA? As much as possible, the water intake, treatment and storage facilities will be built on public land and the water pipes will be located in road rights-of-way. This will minimize the number of households that will be affected. However, some households may lose small amounts of land or structures and crops or trees.

WHAT IF MY LAND OR OTHER ASSETS ARE AFFECTED BY THE PROJECT? The Project will provide compensation and rehabilitation to eligible APs whose land and other assets are permanently acquired or temporarily affected by the Project. The following summarizes the proposed entitlements for land acquisitions for the Project. Permanent loss of land. For singificant impacts (i.e., 10% or more of total productive/ commercial land area lost), full title to replacement land as a priority, or cash compensation at replacement cost at current market value. If more than 10% of a family’s total productive land is lost, a food subsidy will be provided equal to 6 months supply of rice for each affected family. For marginal losses (i.e., less than 10% of total productive/ commercial land), cash compensation for lost land at replacement cost at current market value.

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All transaction fees, taxes and other costs associated with allocation of replacement land with title or secure tenure will be paid by the Project. If the head of household is married, the title or land certificate will be issued in the names of both spouses. Temporary loss of land. Cash compensation for loss of net income, damaged assets, crops and trees at current market value and restoration of land to former state. For common property resources, the affected land will be replaced in areas identified in consultation with affected communities and relevant organizations.

CAN I VOLUNTARILY CONTRIBUTE MY LAND TO THE PROJECT? Voluntary contributions of residential land. APs may choose to donate small amounts of residential land without compensation if: (i) the total area of the residential land is at least 300 m2; (ii) the affected land is 5% or less of the total area; and, (iii) there are no structures, crops or trees on the affected land. The voluntary contribution will be witnessed by an independent third party, e.g., LWU.

DO WE NEED TO HAVE A LAND TITLE TO BE COMPENSATED? No. If you do not have formal legal rights to land you may still receive compensation and other assistance. APs that have registered title, Land Certificates (Form 01) or any forms of written or verbal agreements to utilize the land are entitled to compensation for the lost land and assets (including crops and trees) and assistance. APs who do not have recognized rights to land will still be compensated for the assets on the land, such as any structures, crops and trees and provided other assistance to help them restore living conditions and income-generating activities.

DOES COMPENSATION APPLY TO MY AFFECTED HOUSES OR STRUCTURES? Yes. Houses and any structures such as wells, animal pens, fences etc, that will be affected by the Project shall be compensated at replacement cost so that you are able to have a house or structure of the same size and standard. You will be compensated at full replacement cost for materials, transport of materials and labor without deduction for depreciation or salvageable materials so that you are able to rebuild your structures as the original or even better condition. For APs who have to rebuild structures on remaining or new land the Project contractor will improve land (e.g., land fill and/or leveling) at no cost to APs to provide adequate building site.

WHAT ABOUT MY CROPS AND TREES? Timely information that annual crops have to be harvested before construction, if possible. For annual crops that cannot be harvested, cash compensation equivalent to current market prices times the average yield/crop calculated over the past three (3) years. Fruit-bearing trees will be compensated at 3 years production value at the current market value. For timber trees, cash compensation equivalent to current market value given the type, age and productive value at the time of compensation.

WHAT IF I LOOSE INCOME BECAUSE OF BUSINESS INTERUPTION? For temporary business interruptions: A cash allowance equal to the provincial daily wage or the average daily revenues whichever is higher, multiplied by the number of days of business disruption.

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For relocating businesses: Same as above plus a subsistence allowance for a period of six (6) months equal to 16 kg of milled rice per household member per month.

IF I NEED TO MOVE MY HOUSE OR BUSINESS, OR LOSE MY FARMING LAND, HOW CAN THE PROJECT HELP?

Apart from the compensation for loss of land and other assets at replacement costs, the Project shall ensure that the standard of living of APs is maintained or improved after the Project. Therefore, in the case of relocation the Project shall provide relocation and subsistence allowance to APs: Subsistence allowance:

- for a period of three (3) months equal to 16 kg of milled rice per household member per month, for relocating APs without any impact on business or main source of income.

- for a period of six (6) months equal to 16 kg of milled rice per household member per month, for (i) relocating APs with impact on business or main source of income and (ii) APs losing 10% or more of their productive land.

Transportation Allowance will cover the costs of transporting personal effects and salvaged or new building materials in cash or kind. Vulnerable APs including designated poor households, minority ethnic groups or female-headed households will receive an additional subsistence allowance for a period of one (1) month equal to 16 kg of milled rice per household. Contractors will make all reasonable efforts to recruit severely affected and/or vulnerable APs as labourers for subproject civil works.

HOW AND WHEN WILL WE BE PAID?

All compensation will be paid at replacement cost based on current market prices. A replacement cost survey will determine current market prices for different types of assets. Compensation rates will be established for each type of asset (land, structures, trees, etc.). You will be consulted about the proposed compensation rates before they are made official.

CAN ANYBODY IN OUR COMMUNITY CLAIM COMPENSATION? No. APs are eligible for compensation and assistance under the STWSP if they already own or occupy affected land and other assets before the Project cut-off date. The cut-off date will be the date of the end of the IOL that will be carried out following at the start of the Feasibility Study. Anyone moving into the Project area after cut-off date will not be eligible for compensation and assistance under the Project.

WHAT IF I HAVE BEEN TOLD TO MOVE BUT WAS NOT INCLUDED IN THE DMS? APs will be fully informed about the dates for the DMS and asked to be present when the PIU and village officials come to their house or business. If APs are not in the village or for other reasons cannot be available at the time of the DMS, the PIU will establish procedures including the types of documents that APs will be required to produce to document their claims to eligibility for compensation under the STWSP.

HOW WILL WE BE CONSULTED AND INFORMED?

The STWSP will provide complete and timely information to APs about the Project, including all activities related to land acquisition. Meetings will be organized in core villages and APs will receive information about the Project, land acquisition impacts, AP rights and entitlements to compensation and assistance, grievance redress mechanisms, opportunities for APs to participate in resettlement activities, the responsibilities of local officials and other agencies and implementation schedule.

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The PIU will also organize meetings and consultations in each village to provide you with opportunities to discuss your preferences, needs and concerns about all aspects of the land acquisition and compensation plan. Special consultations will be conducted with APs, for example, to arrange temporary relocation of shops to permit the drainage works in the market, or to develop appropriate rehabilitation strategies for other APs that are severely affected or vulnerable. The PIU and village authorities will keep you informed about these consultations, particularly after the DMS.

WHAT IF WE DISAGREE?

APs can voice their complaints on any aspect of land acquisition, compensation, resettlement and implementation in verbal or written form and they will be addressed in a timely and satisfactory manner. APs will first address their complaints to their village chief and/or arbitration unit; if they are not satisfied with the outcome, they can appeal to the district and provincial levels and, ultimately, to the courts. APs can ask for help from mass organizations, family members, friends or other people to file their complaints. APs will be exempted from all taxes, administrative and legal fees in the legal process.

DO WE NEED TO MOVE OR CLEAR THE AREA IMMEDIATELY AFTER OUR LAND, HOUSES OR

STRUCTURES HAVE BEEN IDENTIFIED AS AFFECTED? No. Clearing the project site will only take place once compensation for affected land or other lost assets has been received by APs. Once the AP acknowledges receipt of payment, the Project will provide a reasonable time for APs to clear the area in order for construction activities to commence. The time will be approximately 90 days to relocate permanent structures, 60 days to relocate temporary houses and structures, and 30 days to relocate shops.

AS A RESIDENT IN THE PROJECT AREA, HOW CAN I HELP?

We would like you to participate in all consultation meetings and other project related activities to ensure that you are fully informed and consulted. Your active participation during surveys and implementation of the resettlement program helps us to find ways to mitigate impacts, to identify problems and to identify ways of solving these problems. CONTACT DETAILS:

For further queries and suggestions, please call or see us at:

If you have further queries and suggestions, please call or see us at:

District PWT Office or District Resettlement Committee through:

Address: Water Supply Office, Houaphan Province

Phone Number: 020-22346948

Cut-off date Xamneua: 16 Jan 2018

land acquisition and compensation planxamneua village (one of the villages of xamneua town). 920 m2...

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