ministry of agriculture and rural development...

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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT CENTRAL PROJECT OFFICE - CPO

Vietnam: Mekong Delta Water Resources Management for Rural Development Project - (MDWRM-RDP)

RESETTLEMENT ACTION PLAN

SUBPROJECT: CONSTRUCTION OF BRIDGES ON SECONDARY CANALS IN QUAN LO - PHUNG HIEP - 48 BRIDGES,

SOC TRANG PROVINCE

29 March 2011

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wb394321

Typewritten Text

RP-1133 Vol. 10 rev

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CURRENCY EQUIVALENTS Currency Unit Dong (VND)

VND 1.0 == $ 0.00004878048

PAPs =

PAHs =

CPC

CPO

DARD

DMS

DOF

DONRE

DPC = EA

FHH = GOV

HH

EMA

LURC

MARD

MOLISA

NGO

PMU = PPMU

PPC

RC

RCS

RPF RAP = WB

$1.00 = VND 20,500

ABBREVIATIONS

Project Affected person or persons, household, firm or private institution

Project affected households

Commune People's Committee

Central Project Office

Department of Agriculture and Rural Development

Detailed Measurement Survey

Department of Finance

Department ofNatural Resources and Environment

District People's Committee

Executing Agency

Female-headed household

Government ofViet Nam

Household

Independent Monitoring Organization

Land Use Rights Certificate

Ministry of Agriculture and Rural Development

Ministry of Labour, Invalids and Social Assistance

Non-government Organization

Project Management Unit

Provincial Project Management Unit

Provincial People's Committee

Resettlement Committee

Replacement Cost Study

Resettlement Policy Framework

Resettlement Action Plan

World Bank

NOTES (i) The fiscal year (FY) of the Government of Viet Nam ends on 31 December.

FY before a calendar year denotes the year in which the fiscal year ends, e.g., FY2000 ends on 31 December 2000.

(ii) In this report, "$" refers to US dollars.

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Definitions of Terms

-. Beneficiary - All persons and households from the villages who voluntarily seek to avail of and be part of the project.

Compensation - payment in cash or in kind of the replacement cost of the acquired assets.

-r Cut-off-date - the final day of the detailed measurement survey (DMS) in each subprojects/investments. J The project area is delineated and systematic information to PAPs is provided and subsequent delineated information is provided to prevent further information influx. Those who encroach into the investment area after the cut-off date will not be entitled to compensation or any other assistance. Entitlement - range of measures comprising compensation, income restoration, transfer assistance, income substitution and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base.

Household - means all persons living and eating together as a single social unit. The census used this -r definition and the data generated by the census forms the basis for identifying the household unit. J

J Income restoration - means re-establishing income sources and livelihoods of PAPs to a minimum of the pre-project level.

Improvements - structures constructed (dwelling unit, fence, waiting sheds, pig pens, utilities, community facilities, stores, warehouses, etc.) and crops/plants planted by the person, household, institution, or organization.

Land Acquisition - the process of acquiring or anything growing or permanently attached to it under the legally mandated procedures of eminent domain. A government agency prerogative to acquire land a person owns or possesses, , for public purpose in return for a consideration.

Project Affected Persons (PAPs) - includes any person or entity or organization affected by the investment project, who, on account of the involuntary acquisition of assets in support of the implementation of the investment project, would have their (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house and buildings, land (including residential. commercial, agricultural, plantations, forest and grazing land) water resources, fish ponds, communal fishing grounds, annual or perennial crops and trees, or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily; and (iii) business, profession, work or source of income and livelihood lost partly or totally, permanently or temporarily.

Replacement Cost - is the term used to determine the amount sufficient to replace lost assets and cover transaction costs. When domestic laws do not meet the standard of compensation at full replacement

--, cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standards.

Resettlement - is the general term related to land acquisition and compensation for loss of asset whether -it involves actual relocation, loss of land, shelter, assets or other means of livelihood.--Mekong Delta Water Resources Management for Rural Development-

.... .. II

Severely affected household - project affected household that will, due to the project, (a) lose 20% or more of its productive land or assets, and/or (b) have to relocate. For vulnerable household, losing 10% or ., more of its productive land or assets is considered as severely affected household. ..

Vulnerable Groups - distinct groups of people who might suffer disproportionately or face the risk of II being further marginalized by the effects of resettlement and specifically include: (i) households headed I by women, the elderly or disabled, (ii) households living below the poverty threshold, (iii) the landless, and (iv) ethnic groups. •

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•Mekong Delta Water Resources Management for Rural Development 2 .. ....

CONTENTS

TABLE OF FIGURE .................................................................................................................................................... 4 EXECUTIVE SUMMARy .......................................................................................................................................... 5 1. INTRODUCTION .................................................................................................................................................. 7

J 1.1 Introduction of project and subproject ............................................................................................................... 7 1.2 Measures for negative impact mitigation ...........................................................................................................9 1.3. Subproject Impacts .......................................................................................................................................... 10 1.3.1 Land acquisition ..................................................................................................................................... 12...,, 1.3.2 Acquired structures on affected land ...................................................................................................... 13

J 1.3.3 Affected crops and trees ......................................................................................................................... 15 1.3.4 Impacts on business ................................................................................................................................ 16

J 1.3.5 Severely affected persons by land and asset's acquisition ..................................................................... 16 1.4 Objectives of resettlement action plan ............................................................................................................. 17

2. SOCIO-ECONOMIC PROFILES OF PROJECT AFFECTED HOUSEHOLDS ................................................. 17 2.1 Head ofhousehold by gender and age ........................................................................................................ 17 2.2 Educational level ofproject affected household heads .............................................................................. 18 2.3 Size of household ....................................................................................................................................... 19 2.4 Main occupations of household's heads ..................................................................................................... 19 2.5 Income level of affected household ............................................................................................................20 2.6 Labour division in affected households by sex ..........................................................................................21 2.7 Vulnerable Households .............................................................................................................................. 21 2.8 Expectation of compensation and support for livelihood restoration ......................................................... 24

3. POLICY FRAMEWORK AND ENTITLEMENTS ............................................................................................. 27 ..i 3.1 Policy framework .......................................................................................................................................27

...., 3.2 The principles for land acquisition and resettlement ........................................................................... : ...... 32 I 3.3 Compensation and entitlements ................................................................................................................. 33

-.I 3.4 Entitlement matrix ...................................................................................................................................... 34 4. COMPENSATION AND RESETTLEMENT STRATERGIES ........................................................................... 40

4.1 Procedures for Payment of Compensation and Allowances .......................................................................40 4.2 Income Restoration Strategies ....................................................................................................................40 4.3 Vulnerable PAHs ........................................................................................................................................ 41 4.4 Gender strategy ........................................................................................................................................... 41

5. INFORMAnON DISCLOSURE AND GRIVANCE REDRESS ........................................................................ 42 5.1 Consultations and Information Disclosure during Preparation of Resettlement Action Plan ................... .43 5.2 Information disclosure ................................................................................................................................ 44- 5.3 Grievance Redress Mechanism ..................................................................................................................44

6. INSTITUTIONAL ARRANGEMENT .................................................................................................................45 6.1 People's Committees ........................................................................................................................................ 46 - 6.2 Responsibilities of resettlement committees .................................................................................................... 47 .. 7. MONITORING AND SUPERVISION................................................................................................................. 47 7.1 Internal Monitoring for the Subproject ....................................................................................................... 47 7.2 External Monitoring ofPAPs ..................................................................................................................... 48 -

7.2.2 The co-ordination ofP P MU, P RC with EMA ....................................................................................49 8. COST ESTIMATES AND BUDGET ................................................................................................................... 50 -

8.1 Source of Resettlement Funds ....................................................................................................................50- 8'.2 Compensation with replacement costs ....................................................................................................... 50 8.3 Resettlement Costs .....................................................................................................................................53 - 9. IMPLEMENTATON SCHEDULE ....................................................................................................................... 55 ---

Mekong Delta Water Resources Management for Rural Development 3--

• TABLE OF FIGURE Ii

TABLE 1: NAME OF BRIDGES AND ITS LOCA TION ............................................................................................................................8 TABLE 2. SUMMARY OF LOSSES OF AFFECTED HOUSEHOLDS ........................................................................................................ 11 TABLE 3. THE PERMANENTLY ACQUIRED LAND AREA OF THE SUBPROJECT .................................................................................. 12 TABLE 4. SUMMARY OF CLEARED HOUSES .................................................................................................................................... 13 TABLE 5. SUMMARY OF CLEARED EASEMENTS .............................................................................................................................. 14 TABLE 6. SUMMARY OF OTHER AFFECTED AUXILIARY CONSTRUCTIONS ....................................................................................... 15 TABLE 7. NUMBER OF AFFECTED CROPS AND TREES ARE CLEARED .............................................................................................. 16 ..TABLE 8. HOUSEHOLD HEAD BY AGE AND SEX .............................................................................................................................. 17 TABLE 9. EDUCATIONAL LEVEL OF PROJECT AFFECTED HOUSEHOLD HEADS ................................................................................ 18 fill TABLE 10. EDUCATIONAL LEVEL OF FEMALE HEADED HOUSEHOLD .............................................................................................. 18 TABLE 11. PERCENTAGE AND NUMBER OF PEOPLE PER HOUSEHOLD ............................................................................................. 19 .. TABLE 12. MAIN OCCUPATIONS OF PARs' HEADS ......................................................................................................................... 19 ..TABLE 13. MAIN OCCUPATIONS OF PARs' FEMALE-HEADS...........................................................................................................20 TABLE 14. NUMBER OF HOUSEHOLD BY INCOME LEVEL ................................................................................................................20 TABLE 15: LABOUR DIVISION IN AFFECTED HOUSEHOLDS BY SEX ................................................................................................. 21 It TABLE 16. DISTRIBUTION OF VULNERABLE HOUSEHOLDS .............................................................................................................22 .. TABLE 17. EDUCATIONAL LEVEL OF THE HEADS OF VULNERABLE PARs......................................................................................23 TABLE 18. MAIN OCCUPATIONS OF THE HEADS OF VULNERABLE PAHs........................................................................................23 TABLE 19: THE RATE OF SELECTION OF COMPENSATION OPTIONS .................................................................................................24 TABLE 20: THE RATE OF SELECTING RESETTLEMENT OPTION ........................................................................................................24 TABLE 22: PLAN OF USING COMPENSATION MONEY ......................................................................................................................25

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TABLE 23: PLAN FOR REPLACING LOST INCOME OF AFFECTED HOUSEHOLDS ................................................................................26 TABLE 24. KEY DIFFERENCES BETWEEN WB INVOLUNTARY RESETTLEMENT POLICY AND VIET NAM'S LEGISLAnON ................30 TABLE 25. ENTITLEMENT MATRIX OF THE PROJECT ......................................................................................................................34 TABLE 26. COMPENSATION PRICE FOR RESIDENTIAL LAND ...........................................................................................................51 TABLE 27. COMPENSATION PRICES FOR PRODUCTIVE LAND ..........................................................................................................51 .. TABLE 28. COMPENSATION PRICES FOR CIVIL WORKS, STRUCTURES .............................................................................................51 .. TABLE 29. COMPENSATION UNIT PRICE FOR TREES, CROPS, ANNUAL CROPS AND PERENNIAL CROPS ............................................52 TABLE 30. COMPENSATION AND ASSISTANCE PAYMENT .............................................................................................................53 TABLE 31: IMPLEMENTATION ARRANGEMENT AND SCHEDULE ........................................................................................, ...........55 •Ii

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4Mekong Delta Water Resources Management for Rural Development

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-EXECUTIVE SUMMARY

1. . Introduction. The Resettlement Action Plan (RAP) was developed for subproject "Constructing bridges on secondary canals in area of Quan Lo - Phung Hiep, Soc Trang province". This subproject is a component of the project "Mekong River Delta Irrigation Management for Rural Development" with support from WB. The RAP includes replacement cost surveys (RCS), results of the socio-economic survey (SES); eligibility criteria; entitlements. related to all impacts of land & asset's acquisition; description of income restoration programs, institution arrangement, implementation plans, cost estimates, monitoring and evaluation, community participation and consultation; and grievance redressing mechanisms, etc.

2. Land Acquisition Scope and Impact. The subproject is located in 12 communes of 5 districts, Soc Trang province. Total PAHs ofthe subproject is 133 households with 606 people; there is no severely project affected household, 69 vulnerable project affected households, of which 64 ethnic minority households. The subproject will acquire 14,572 m2 land permanently and 24,541 m2 land temporarily. Some structures on land will be cleared by the subproject, in which 4,006 m2 houses and 612 m2

easements are cleared. Number of cleared trees is 5,969, of which fruit trees are 2,850 and timbers are 3,119.

3. Measures to Minimize land acquisition and compensation. The main components of subproject are bridges and roads to the end of the bridges. To minimize acquired land area, the subproject will try to select site for construction of the new bridges at the same site of the old bridges so that it can use existing

-, road's base to expand road to the end ofthese bridges.

4. Socioeconomic Profile. Among 606 project affected people of project area, there are 300 people is female (49.5%) and 306 people is male (50.5%), average size of household is 4.55 persons per household. In the subproject area, agricultural production and aquaculture are primary economic activity of around 90% PAP's, average monthly household income is around 710,000 VND per person. There are 64 ethnic minority households affected by the subproject.

5. Policy Framework and Entitlements. An RPF has been adopted based on the policies and regulations of the Government of Viet Nam (GOV) and the WB. This document will guide resettlement - planning and implementation for all subprojects. The overall objective of the policy is to ensure that all .. people affected by the subproject are able at least, to regain and, preferably, improve their pre-subproject

- living standards and income-earning capacity.

6. Organizational set up. Project compensation, assistance and resettlement will be under the management and supervision of the CPO, PPMU and district's RCs. The implementation process requires

.. --, close coordination among officials of the implementing organization such as district's RCs, PPMU, Communal staffs, local social organizations, PAPs in the project area .

- 7. Consultation and Participation. Project policy and entitlement has been set up based on close coordination between local authority, local mass organizations and PAPs in order to maximize their participation in planning and compensation implementation. Local authority, social organizations and -PAPs were held in some meetings. All PAPs participated in community meetings to receive information, .. - review project impacts and propose recommendations for plan of their new life. Collected data from

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community consultation will be used to set up resettlement policy and assistance for implementing .. compensation. .. 8. Redressing Grievances. During the process of implementing the RAP, any complaints of PAPs .. will be resolved in accordance with the approved procedure based on the Project RPF. All complaints from PAPs will be resolved fairly and quickly by local authorities and/or Project officials and an .. independent agency. There will be no administrative charge for the grievances redress. .. 9. Monitoring and Evaluation. The RAP will be implemented under the internal supervision and inspection of CPO and PPMU staffs. In addition, an external monitoring agency (EMA) will be employed to monitor the implementation and evaluate the living conditions of PAPs after their resettlement. .." 10. Cost Estimate. Total cost for implementing the RAP is estimated about 7,541,200,000 VND (equivalent to 367,863 US$). This includes the costs of land/asset compensation (5,369,499,000 VJ~D - ".. 261,927 US$), support, administrative management; provisional; and contingency costs. .. 11. Implementation Schedule. The Resettlement Action Plan implementation will be coordinated with project civil works. All PAPs will be compensated and the site clearance completed in 2011 •

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Mekong Delta Water Resources Management for Rural Development ..6

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1. INTRODUCTION

1.1 Introduction of project and subproject

1.1.1 Introduction of Project The Government of Viet Nam ("GOV") through the Central Project Office (CPO) of Irrigation of the Ministry of Agriculture and Rural Development (MARD) is preparing the "Irrigation Management for Rural Development in Mekong River Delta Region Project". which will be funded by the World Bank. About 14 subprojects are proposed in 7 provinces of Mekong River Delta Region: An Giang. Can Tho, Hau Giang, Kien Giang, Ca Mau. Bac Lieu and Soc Trang, in which 5 priority subprojects will be implemented in the first period. The Project includes 4 components: Component A: Assistance for the preparation of a master plan and establishing water resource capacity; Component B: Investment assistance for infrastructure development to adapt climate change; Component C: Assistance for rural water supply and sanitation; and component D: Project implementation and management assistance.

The general objective of the project is to protect and enhance the utilization of water resources in 7 provinces in the western part of the Mekong Delta region in an integrated manner. The project will help sustaining gains in agricultural productivity. raise living standards, and accelerate climate change adaptation. The following outcomes would be as follows:

-, o Maintained/improved agricultural/aquacultural productivity attributable to improved efficiency and availability of the water for 120,000 hectares;

o Improve mobility of local people through canal rehabilitation/dredging and investments in farm access roads and bridges;

o Reduced risk for the potential damages on the agricultural production resulting from salinity intrusion

o Improved access to safe potable water for about 80,000 households; o Strengthened capacity to monitor water quality (particularly salinity intrusion) and better

-, communication of the monitoring results to varied stakeholders; and o More cost effective management of water resources infrastructure.

1.1.2 Introduction of subproject "The construction of bridges on secondary canals in Quan Lo - Phung Hiep - 48 bridges, Soc Trang province Subproject" is one of the 7 priority subprojects that will be implemented in the first period.

--' General objective of subproject is to contribute completion traffic system in the subproject area by

upgrading old, low quality bridges for ensuring traffic safeness, which create good conditions for socioeconomic development and improving local people living standard.

Detail objectives of the subproject: Create a road transportation system for production and the living of local people in the region

- The bridges are designed suitable for water way transportation; to ensure cannel dredging

equipment could be passed easily --Mekong Delta Water Resources Management for Rural Development •

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Reduce cost and time transportation of outputs by road and help for the easy population

distribution Creating

The main components of the subproject is to construct 48 bridges on secondary canals located in 12 communes in 5 districts of Soc Trang province, which include Chau Thanh, Long Phu, My Tu, Nga Nam and Tran De districts as shown in Table 1:

Table 1: Name of bridges and its location

LocationNames of bridgesNo. Commune District

Tan PhlIOC Al1

ApMoi2

BQ Xuyen 1 Long HU'Ilg3

4 BQ Xuyen 2

Ch~tXiu5 MyTu

6 MyThu~n

PhuMy 17 PhuMy

PhuMy28

9 PhuMyAl i

AnT~p10

BaRau11 An Hi~p

Ong Thinh i 12

Ch§.u ThAnh Cdu8513I

Tra Canh 14 An Ninh

cAu 77 15

HoDac H6 Dac Ki~n16

Tra Nup 1 17

Tra Nup218

N1I6c M~n Long Phu19 Long Phu

HTX Bung Long20

Sau Coi 21

T§.n HU'IlgCau The 11-122 I

Mekong Delta Water Resources Management for Rural Development 8

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23 Cdu The 11-2

24 Cau The 12

25 Ba Bl;lch

26 Muong Tra 1 Tan Thtmh

27 Muong Tra2

28 Hai M6i 1

D,iHai

Trin D~

29 Hai M6i 2

30 M{ltM6i 1

31 Ong Yeu 1 L,ch Thlf(;mg

32 Ong Yeu 2

LlfU To33 OngYeu3

34 Tu M6i 2

35 M{ltM6i2 DaiHimh 36 Tu M6i 1

TrungBinh37 Ba Cli

38 Bung Con 1

Tai Van39 Trinh Xuong 1

40 Trinh Xuong 2

41 Bung Con 2 Vien An

42 Trinh Xuong 3

43 u Vien Blnh

44 Bung Con 3 Vien An-Vien

Binh45 Trinh Xuong 4

46 Binh Hung 1

Tan Long NgaNam47 Binh Hung 2

48 Cau 19/5-26/3

1.2 Measures for negative impact mitigation --To mitigate impacts of land acquisition and resettlement, much efforts have been conducted in period of.' subproject proposal and basic design. The components, which need to acquire land for constructing bridges and roads, have been carefully studied and many alternatives of civil work have been released to -reduce acquired land area as well as clear out upon land assets: -Mekong Delta Water Resources Management for Rural Development 9

• - The works of construction bridges on canals request to acquire pennanently land for constructing both II abutments. - The expansion of roads to both end of the bridges will take land: Although the roads are based on the existing roads, but because these roads are too narrow so they need to be expand to become standard rural road (with width of road bed is 5 meters, width of road surface is 3.5 meters), the expansion needs to acquire pennanently land with not very large area. - The subproject will acquire temporally small land area for storing material and machines to executive the works of the bridges and roads. The measurements for minimizing land acquisition is that: For constructing roads to the both end of bridges, the basic design proposed to use the most parts as possible of existing roads. The land, which are .." used to construct abutments, are a part of canal embankment, that are public land in protection corridor for canal system under the control of local authorities. So the construction ofabutments will not impact to household's lands. The subproject also should infonn people early about construction so that they do not cultivate on affected land.

•1.3. Subproject Impacts

The District People's Committees of CMu Thanh, Long Phu, My Tu, Nga NItm, TrAn D~ districts .. " collaborated with local authorities of 12 affected communes and Design Consultants to set up ..demarcation for temporary borders of subproject components based on preliminary engineering design. The border specified the land and households to be affected by the land acquisition of the subproject

IIJIIIconstruction. .. The Estimate of Loss (EOL) of assets was conducted in November, 2010 in all communes of the subproject area to collect data on the number of project affected people (PAPs) and the types and amounts of land, structures and other assets that are affected by land acquisition. The survey was carried out for 100% of PAPs. The EOL is grounded on the preliminary design and temporary demarcation for subproject. The data collected during the EOL constitutes the fonnal basis for detennining PAP entitlements, levels ofcompensation, and estimate the overall subproject impact level.

Since detailed engineering design and demarcation marking were not completed at the time of • preliminary social assessment, accurate impact assessment (household level) could not be done. •Therefore, the impact presented in this RAP is an estimation based on based on basic engineering design. Detailed impact (household level), including impact for ethnic minorities, will be assessed and updated properly and sufficiently in RAP when SA is done during Detailed Measurement Survey (when the project is implemented and exact scope of impact become clearly known). It is also noted that Replacement Cost Survey (RCS) will be done for all subprojects to ensure compensation/assistance to affected households are done at replacement costs as per RPF. The TT will work closely with provincial PMUs and their consultants to support them in doing RCS and updating/preparing RAPs properly.

The existing bridges are built over secondary canals. Therefore, the bridges are small in size (3-3.5m in width) and connect existing small rural earthed/ sub-base roads, and in some locations connect two existing small earthed/sub-base road that run along the embankments of the canal. No new construction III will be done so the land acquisition is minimized. The description of land, structures, crops and trees, J which will be acquired, is presented the following summary table: -Mekong Delta Water Resources Management for Rural Development 10 ....

J Table 2. Summary of losses of affected households

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No. Type of loss Unit

A Total affecter households hhs

B

1

Land

Residential land m2

2 Garden land m2

3

4

Agricultural land

Aquaculture land area

m2

m2

C

1

2

Structures and architectures

Permanent concreted roofing house

I No. of households

Semi-permanent houses

No. of households

I

m2

hhs

m2

hhs

3 Thatched house or temporary house

No. of households

m2

hhs

4 House - cum - shop (thatched or temporary house)

m2

No. of households hhs

5 Kitchen m2

6 Animal raising facilities m2

7 Toilet m2

v House for protecting boat m2

9

10

11 I

Drill wells

Grave

C~lll~nt courtyard

pcs

pcs

m2

D

1

Crops

Annual crops m2

2 Fruit trees Tree

3 Timber trees Tree

E Business loss hhs

Total

133

3,960

5,765

4,220

627

120

3

3,343

37

403

9

140

5

222

285

45

60

13

1

124

1,800

2,850

3,119

5

Total number ofPAHs is 133 households with 606 people; there is no severely project affected household and the vulnerable project affected households are 69 households with 64 ethnic minority households.


•2 2The subproject will acquire 14,572 m land permanently; and 24,541 m land tem~orariIy. Some .. structures on land will be cleared by the subproject, in which 4,006 m2 houses and 569 m easements are cleared. Number of cleared trees is 5,969, of which fruit trees are 2,850 and timbers are 3,119. ..'" 1.3.1 Land acquisition ....The land will be acquired for constructing civil works include productive land and residential land.

Total permanently acquired land is 14,572 m2 include 2 types: productive and residential land, of which:

+ Agricultural land is 4,220 m2; garden land is 5,765 m2

; and land for raising aquaculture is 627 2 ••

m •

+ Residential land is 3,960 m2•

Table 3. The permanently acquired land area of the subproject

Districts, communes

Permanentl acquired land area Temporarily acquired land area Total area (m2

)

Reside ntial land (m2

)

Agricu ltural

produc tion land (m2

)

Gard en

land (m2

)

Land for

aquacu Iture (m2

)

Tota I

area (m2

)

Resident ialland

(m2)

Agricult ural

producti on land

(m2)

Garde nland (m2

)

Land for aquacult ure (m2

)

Chau Thanh. District 2,285 1,175 910 200 1,916 466 - 1450 -Thi~n My com. 60 60 106 106 AnHi~p com. 1.195 705 490 810 360 450 AnNinhcom. 1.030 470 360 200 1,000 1,000 LongPhu District

3,155 220 700 2,235 - 7,630 - 3,800 3,830 -Long Phu com. 1,090 80 700 310 4,000 3,600 400 Tan Th~h com. 1,120 1,120 2,800 2,800 Tan Hung com. 945 140 805 830 200 630 My To District 4.097 1,650 920 1.200 327 1,640 1.580 - - 60 PhU My com. 1,670 720 700 250 480 480 Long Hung com. 2,427 930 i 220 950 327 1,160 1,100 60 NgiNim District

2,940 220 1,700 1,020 6,400 500 3,000 2,900 -Tan Long com. 2,940 220 1,700 1,020 6,400 500 3,000 2,900 Trin I)~ District

2,095 695 900 400 100 6,955 955 2,800 3,200 -

Taj Van com. 1,275 695 400 80 100 4,155 955 3,200 Vien An com. 500 400 100 1,800 1,800 Vien Blnh com. 320 100 220 1,000 1,000

Total 14,572 3,960 4,220 5,765 627 24,54 1

3,501 9,600 11,380 60

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II

- Total temporarily acquired land area is 24,541 m2, of which: • ..

Mekong Delta Water Resources Management for Rural Development 12 III ....

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+ Agricultural land is 9,600 m2; garden land is 11,380 m2; and land for raising aquaculture is 60 2 -. m •

+ Residential land is 3,501 m2.

Temporarily acquired land is used for building site huts in constructing time, for storing construction materials, machines, equipments and tools. Some areas of temporarily acquired land will be used for temporarily storing waste earth before the earth are aggraded or moved to disposal site.

Temporarily acquired land is not compensated as permanently acquired land, but it will be assisted a allowance for : (i) restoring initial situation of temporarily acquired land (such as the costs are used to aggraded, to be clear the solid waste, grease waste ... and to wash the site). (ii) Compensating the loss of .... income from agricultural production due to the time temporary acquisition, the land has not been used to grow annual crops, the compensation value equals average production of the grown crops multiplies with number of crops (for the time of temporary acquisition) multiply with market price of correlative products.

1.3.2 Acquired structures on affected land

The permanently and temporarily acquired land for constructing civil works of the subproject will affect structures on the affected land. The structures are on the residential land of civil work's components relating to expand roads to end of bridges: The structures are mainly houses, easements and other auxiliary constructions.

The cleared houses include: permanent house (120 m2) with 3 PAHs, these houses are concreted roofing; semi-permanent house (3,343 m2) with 37 PAHs, these houses are counted from relatively poor quality houses that including brick houses with metal roof (1,362 m2), houses with metal wall and roof (772 m2), houses with thatched wall and metal roof (1,209 m2); temporary houses with thatched wall and roof (403 m2) with 9 P AHs; house - cum - shop with thatched wall (140 m2) with 5 P AHs. There is not any of these houses to be cleared completely, they are dismantled partly only. Therefore, it requires no relocation for the acquired houses.

Table 4. Summary of cleared houses """I

..., ,-..., --,

•

-

District, commune Total area (m2)

Permanent house

Semipermanent

house

Thatched and temporary

house

House - cumshop (thatched

and temp.) Area No. of Area No. of Area No. of Area No. of

(m2) PAHs (hh)

(m2) PAHs (hh).

(m2) PAHs (hh)

(m2) PAHs (hh)

Chau Thanh District

1,186 60 1 911 7 215 4

Thi~n My com. 36 0 36 1 - 0

An Hi~pcom. 330 60 1 135 3 135 3

An Ninhcom. 820 0 0 740 3 80 1

-• 13Mekong Delta Water Resources Management for Rural Development

-

i

".. " Long Phil District 70 0 0 40 1 30 1

Long Phu com. 0 0 0 0 0 0 0 .

TanTh~com. 70 0 0 40 1 30 1

Tan Hung com. 0 0 0 0 0 0 0

My Til District 1,530 60 2 1,470 14 0 0

PhuMYcom. 586 30 1 556 5 0 0 Long Hung com. 944 30 1 914 9 0 0

Nga Nam District 310 0 0 230 5 50 1

Tan Long com. 310 230 5 50 1

Trin D~ District 910 0 0 692 10 108 3

Titi Van com. 910 0 0 692 10 108 3

VienAncom. 0 0 0 0 0 0 0

Vien Blnh com. 0 - -Total 4J>061 120 3 3,343 37 403 9

30 1

30 1

110 4

110 4

140 5

II

Ii '" .." I •.. '" Ii

Table 5. Summary of cleared easements II• Kitchen Wall, we

Total facilities District, commune area Area No. of Area No. of Area No. of

(m2) (m2) PAHs (m2

) PAHs (m2) PAHs

(hh) (hh) (hh)

Chau Thanh District 192 62 3 110 3 0 0

Thi~n My com. 0 0 0 0 0 0 0 AnHi~pcom. 142 62 3 tl±±=i

0 IAn Ninh com. 50 0 0 0 0

Long Phil District 75 15 1 20 4 Long Phu com. 45 0 0 40 1 5 1 Tan Th~nh com. 10 0 0 0 0 10 2 Tan Hung com. 20 15 1 5 1 My Tn District 45 30 2 0 0 15 3 PhuMYcom. 30 20 1 0 0 10 2 Long Hung com. 15 10 1 0 0 5 1 Nga Nam District 100 25 2 30 1 5 1 Tan Long com.

~ 25 2 30 1 5 I

Trin D~ District 90 3 105 3 5 1 Titi Van com. 90 3 Iffi 5 1 VienAncom. 0 0 0 0 Vien Blnh com. 0 0 0

~ 0 0 0

Total 612 222 11 8 45 9

House for protecting boat Area No. of (m2

) PAHs (hh)

20 1

0 0 20 1 0 0

t+++ 0 0 0 0 0 0 0 0

40 2 40 2 0 0 0 0 0 0 0 0 60 2

.. II

".. l ., III .. .. .,..

14Mekong Delta Water Resources Management for Rural Development ....

J

The easements include: affected kitchen which area of 222 m2, of which concrete kitchen is 20 m ,.,. 2

kitchen with thatched wall and metal roof is 95 m2, temporary kitchen with thatched wall and thatched

J roofis 107 m2; temporary breeding facilities is 285 m2

; and house for protecting boat is 40 m2•

Table 6. Summary ofother affected auxiliary constructions

-. Drilling well Courtyard Tomb

District, commune No. of No. of Area

No. of No. of No. of item PAHs (hh)

(m2)

PAHs item PAHs (hh) (set) (hh) (set)

Chau Thanh District 4 4 0 0 0 0

My com. 0 0 0 0 0 0 An Hi~p com. 2 2 0 0 0 0 An Ninh com. 2 2 0 0 0 0 Lon2 Phu District 2 2 4 1 0 0 Long Phu com. 0 0 0 0 0 0 Tan Th~nh com. 1 1 0 0 0 0 Tan Hung com. 1 1 4 1 0 0 My Tu District 3 3 0 o , 1 1 PhuMYcom. 1 1 1 1 Long Hung com. 2 2 0 0 0 0 Nga Nim District 0 0 0 0 0 0 Tan Long com. 0 0 0 ; 0 0 0 Tran D@ District 4 4 120 3 0 0 Tai Viincom. 4 4 120 3 0 0 VienAncom. 0 0 0 0 0 0 Vien Binh com. 0 0 0 0 0 0

Total 13 13 124 3 1 1

Other auxiliary constructions including drilling well, courtyard, and tomb have been affected lightly.

At the time of survey, there are no public facilities identified as affected by the subproject. This shall be specifically mentioned in the updated RAP. For the RAPs that have these type of impacts, - responsibilities will be defined clearly for those in charge ofcompensation. .. 1.3.3 Affected crops and trees -.. Land acquisition (permanently and temporarily) will affect crops and trees of households. However, to mitigate losses of PAHs, it is required that PPMUs and DRCs should inform to farmers about- resettlement plan at least three months before starting DMS so that farmers would not cultivate on their

• affected land. EOL result shows that perennial tree to be cleared is as many as 2,850 perennial fruit trees, and timber and other perennial trees (melaleuca, eucalyptus, acacia, bamboo ....) are 3.119 trees; annual - crops such as rice, and beans with an affected area of 1,800 m2

, of which, rice area is 1,700 m2, bean area

and is lOO m 2, respectively; --.. Mekong Delta Water Resources Management for Rural Development

-.. 15

I .,.. Table 7. Number of affected crops and trees are cleared

Districts, communes Fruit trees (tree)

Timber trees (tree)

Annual crops (ml) Rice Beans

Chiu Thanh District Thi~n My com. - -AnHi~pcom. 459 1,559 An Ninhcom. 42 44 Long Pho District - -Long Pho com. 288 57 30.0. no crops Tin Th~nh com. 561 173 no crops no crops Tan Hung com. 370. 137 no crops no crops My To District - -Phu My com. 349 413 1,40.0. 10.0. Long Hung com. 44 104 no crops no crops N28 Nim District - -Tan Long com. 112 212 no crops no crops Trin f)~ District - -Tai Van com. 581 359 no crops no crops VienAn com. 27 30. no crops no crops Vien Binh com. 17 31 no crops no crops

Total 2,850 3,119 1,700 100

.." ,.. "..

" II

1.3.4 Impacts on business •..EOL survey found that about 5 business households will be affected a part of their shops.

..IIIJThe clearance of shops in subproject area is direct impact to livelihood's activities of PAPs. In the subproject area there are 5 house-cum-shops will be partially affected. These 5 house-cum-shops have now been located in 2 communes of2 districts that presented in the previous table. During construction of bridges and road to the both ends of bridge, even though their shop will be affected partially only, but business activities of these house-cum-shops will still have to stopped for bridge construction period. Compensation for losing income due to this stoppage is required. •.. 1.3.5 Severely affected persons by land and asset's acquisition

'If According to RPF of the project, severely affected households are HHs who (a) lose 200/0 or more of its .. total productive land, assets and/or (ii) have to relocate. For vulnerable household, losing 10.% or more of its productive land or assets is considered as severely affected household. Meanwhile, the results of EOL shows that there is no severely affected households in this subproject. J


Ii II

1.4 Objectives of resettlement action plan

The RAP has been developed based on RPF of the project to meet the World Bank's policies on involuntary resettlement. The RAP identifies people affected by the subproject, the nature and degree of -. the impacts on them, measures taken to minimize the effects and compensation and other assistance to be delivered to project affected people for unavoidable impacts.

The RAP has been prepared on the basic of the following: ~ Go V policies on resettlement and compensation - WB policies on involuntary resettlement OP 4.12 - RPF of the project - Decisions of Soc Trang PPC on resettlement and compensation policies applied in Soc Trang territory - Basic design • Site survey in subproject area

Estimate of loss and survey on socio-economic situation for all project affected households in subproject area - Community consultations and discussions with all Project affected people.

The RAP will be updated after the completion of detailed design and DMS, which will specify accuracy scope and affected range ofthe subproject.

] 2. SOCIO·ECONOMIC PROFILES OF PROJECT AFFECTED HOUSEHOLDS

] A socio-economic survey has been done at the project affected households in the subproject area to collect their socio-economic data, including data on key indicators such as households' members and labours, age, gender, education level, occupation, income. The purpose of the socioeconomic survey is to provide baseline data on PAPs to assess resettlement impacts, and to be sure proposed entitlements are appropriate. It is also to be used for resettlement monitoring. All PAPs were surveyed by the Resettlement Consultant in coordination with 5 district's staffs of Soc Trang province based on WB's guideline about '.., involuntary resettlement.

2.1 Head of household by gender and age

All communes of subproject area have households affected by land and asset's acquisition for civil works. The characteristics of the project affected households are described as following:

•• Table 8. Household head by age and sex

----Mekong Delta Water Resources Management for Rural Development •

-

Age Male-headed

household (hh)

Female-headed

household (hh)

Total (hh)

Percentage (%)

From 18-30 year olds 10 2 12 9.0 From 31-55 year olds 66 18 84 63.2 From 56-70 year oids 25 10 35 26.3

17

I

i From 71 year olds up

Total Percenta2e (%)

Among 133 PAHs, there are 103 male-headed PAHs, occupying up to 77.4% of the total number of PAHs' head. So the rest is female-headed P AHs, occupying only 22.6% of the total number of P AHs' head.

Household head of P AHs has their ages ranging from 18 to over 71 year olds, but the group aging fr~m 31-55 year olds takes the big majority, with 84 people are now occupying up to 63.2% of the tqtal people. If breaking down further, the group of 56-70 year olds occupying 26.3% of all household heq,ds and they will face difficulties in learning and then practicing new thing for their economic restructure and development.

2.2 Educational level of project affected household heads

The levels of educational achievement and illiteracy among project affected household heads are summarized in the following table:

Table 9. Educational level of project affected household heads

Illiteracy Primary Secondary Hi2h Educational Qty. Qty. Qty. Qty.

level person % person % person % person % Total 7 5.3 68 51.1 51 38.3 7 5.3 Chau Thanh Dist. 2 8.7 16 69.6 4 17.4 1 4.3

I Long Ph6 Dist. 1 2.3 23 53.5 16 37.2 3 7.0 My-T6 Dist. 0 0.0 9 34.6 14 53.8 3 11.5 Nga Nfun Dist. 1 6.7 4 26.7 10 66.7 0 0.0 Trfut DS Dist. 3 11.5 16 61.5 7 26.9 0 0.0

Table 8 shows that up to 68 heads out the total of 133 P AHs, 51.1 %, having their educational achievement of primary school. The second dominant level is secondary school with 51 heads out the total of 133 PAHs, 38.3%. Only 7 PAR heads (5.3%) have high school education. The PAHs' head with illiteracy are as many as those of high school of7 PAH heads as well.

Table 10. Educational level of female headed household

Illiteracy Primary Secondary Hi2h Number of

person % Number of

. person % Number of

person % Number of

person % Total 4 13.3 14 46.7 11 36.7 1 3.3 Chau Thanh Dist. 2 40.0 3 60.0 0 0.0 0 0.0 Long Ph6 Dist. t 14.3 4 57.1 2 28.6 0 0.0

" ..II "..

II.. I " I

II" ..• II II

I " " It

•• •..

It

2 0 2 1.5

103 30 133 100.0 77.4 22.6 100.0


II

M~ Ttl Dist. o 0.0 4

N a Nam Dist. o 0.0 TrAn D~ Dist. 1 25.0 2

5 50.0

3 75.0 1 25.0

Table 10shows that there is some different about educational level between heads of those of household female-headed and those of the general PAHs' heads. Heads of PAHs female headed have educational achievement lower than that of those of the general PAHs' heads. It is up to 13.3% of heads of household female-headed having been being illiterate, they can not read and write.

2.3 Size of household

Table 11. Percentage and number of people per household

Total Up to 4 people From 5 - 7 people Over 7 people

Number of household

(hh)

Number of household

(hh)

Number of household

(hh)

Number of household

(hh)

Total 133 73 53 7

Ratio (%)

Chau Thanh Dist.

Long Phtl Dist.

100.0 23 43

100 100

54.9

12

26

52.2

60.5

39.8

9

15

39.1

34.9

5.3

2

2 4.6 My Ttl Dist. 26 100 16 61.5 10 38.5 0 0 Nga Nam Dist. 15 100 8 53.3 6 40.0 1 6.7

TrAn D~ Dist. 26 100 II 42.3 13 50.0 2 7.7

Average number of persons in each affected household is 4.6 persons/household. Number of households having 1 - 4 persons is 73 households - 54.9% of the total number of households; having from 5 - 7 persons is 53 households - 39.8%; and more than 7 persons is 7 households - or only 5.3%.

2.4 Main occupations of household's heads

Table 12. Main occupations ofPAHs' heads

---.. --'

Agriculture Hired labour State wage Business Non-

agriculture Other

Unemployment

HH % HH % HH % HH % HH % HH % HH %

Total 89 66.9 31 23.3 1 0.8 8 6.0 1 0.8 1 0.8 2 1.5

Chau Thanh Dist. 14 60.9 4 17.4 0.0 2 8.7 0.0 1 4.3 2 8.7

LongPhtl ! Dist. 33 76.7 10 23.3 0.0 0.0 0.0 0.0 0.0

i My Ttl Dist. 18 69.2 4 15.4 0.0 4 15.4 0.0 0.0 0.0

Ngii Nam 7 46.7 7 46.7 0.0 1 6.7 0.0 0.0 0.0

19Mekong Delta Water Resources Mauagement for Rural Development

-

I

•II

I Dist. • Trfut DS Dist. 17 65.4 6 23.1 1 3.8 1 3.8 1 3.8 0.0 O.Q..

, IiMam occupation of PAHs heads can relattvely represent mamstream occupatIOn of labour force withm PAPs. Main occupation of PAHs'heads is agriculture, with 89 respondents - or 66.9%. Number second is hired labour, with 31 respondents - or 23.3%. Eight household heads - or 6.0% are earning income from business, take number third. Two household heads - or 1.5% are categorized as un-employment.

Table 13. Main occupations of P AHs' female-heads ".'Agriculture Hired labour Wage Business Non farm Other ;Un

em~loyment _

HH % HH % HH % HH HH % HH % HH % HHi

Total -18 60.0 7 23.3 1 3.3 3 10.0 0 0.0 0 0.0 1 3.3

CMu Thanh 20.0 IDist. 2 40.0 2 40.0 0 0.0 0 0.0 0 0.0 0 0.0 I

Long Phu Dist. 6 85.7 1 14.3 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0

My TuDist. 6 60.0 1 1 0 0.0 3 30.0 0 0.0 0 0.0 0 0.0

Nga Nam Dist. 2 50.0 2 50.0 0 0.0 .

0 0.0 0 0.0 0 0.0 0

TrAn DS Dist. 2 50.0 I 25.0 1 25.0 0 0.0 0 0.0 0 0.0 .0.

, ,The mam occupatIOns of PAHs female-heads are similar with those of the general PAHs heads. It IS, by decreasing number of respondents, agriculture, hired labour, and business. It is up to 18 heads of the PAHs female-headed, or 60.0%, have had their main occupations is agriculture. In comparison, similarly !f so, it is 66.8% for the case of general P AHs'head have had their main occupations is agriculture.

2.5 Income level of affected household •• Table 14. Number of household by income level ••

Monthly income level (1,OOOvnd)

<500 5001,000

1,0003,000

3,000-5,000 5,00010,000

> 10,000

Total 4 7 76 34 10 2

Ratio % 3.0 5.3 57.1 25.6 7.5 1.5 CMu Thanh 0 0 16 2 4 1 LongPhu 0 5 19 17 2 0 MyTu 4 1 10 7 3 1 NgaNam 0 0 6 8 1 0

'Tran De" 0 1 0 0 0

..III

The table presents that among total of 133 PAHs, up to 76 households, or 57.1% of the total number of P AHs, have had the monthly average income in the range from 1 to 3 million vnd; and 34 households,


II"

25.6% total PARs, have had the average income in the range from 3 to 5 million vnd. Cumulatively, 110 households.: 82.7% PARs have had the average income from 1 to 5 million vnd. According to MOLISA, 26 out of 133 PARs are categorized as poor households.

2.6 Labour division in affected households by sex

Table 15: Labour division in affected households by sex

Unit: %

Works Both Male Female

Agriculture IU 18 12

Work in garden 67 12 21

Work for livestock 67 15 18

Small business 63 11 26

Hired labor 24 68 8

Cooking for family 18 10 72

Tidying up 13 8 79

Washing clothes 7 5 88

Meeting participation 15 70 15

Training course's participation 15 60 25

Participating in local organizations 9 65 26

Decision making 10 55 35

iII••~

.....

'''r

.."" 1

..'"

Male labors and female labors of affected households do agricultural and non-agricultural works. Although, female labors have to do more home's works such as cooking, tidying up their house, washing clothes. Among 133 affected households, there are 30 household-headed females. There are many reasons cause woman to become household head, such as divorce, widow, etc. Many women are household head and are main labor force of their family, due to these households have children under 14 year old and old parents over labour age. Base on the situation, the assistance to vulnerable groups, which include household-headed females, needs to have special assistance measurement to ensure that the households with household-headed female will not become poorer or not be harmed by the subproject.

2.7 Vulnerable Households

...'" -... Vulnerable households are those who may be at greater risk due to the impacts of land acquisition and resettlement and might suffer disproportionately or face the risk of being marginalized by the effects of land acquisition, according to classification in RPF, they include: (i) households headed by women, (ii) households with disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) landless households, (v) elderly households with no means of support and landless, and

.... •• Mekong Delta Water Resources Management for Rural Development 21

.."

II" .. (vi) ethnic minorities. As specified in RPF, they are entitled to additional assistance to help them restore .. living and socio-economic conditions.

Vulnerable group including ethnic minorities were interviewed and consulted during census survey and preliminary social assessment. Most of these people are affected by land acquisition (agricultural land and garden land). • Since detailed engineering design and demarcation marking were not completed at the time. of • preliminary social assessment, accurate impact assessment (household level) could not be done. Therefore, the impact presented in this RAP is an estimation based on based on basic engineering design. IDetailed impact (household level), including impact for ethnic minorities, will be assessed and updated properly and sufficiently in RAP when SA is done during Detailed Measurement Survey (when the project is implemented and exact scope of impact become clearly known). It is also noted that Replacement Cost Survey (RCS) will be done for all subprojects to ensure compensation/assistance to affected households are done at replacement costs as per RPF. The TT will work closely with provinoial PMUs and their consultants to support them in doing RCS and updating/preparing RAPs properly.

All affected vulnerable households will be further consulted during DMS and SA exercise when the impact is clear to them. A sample of socioeconomic data collection template (provided in RPF and RAP's annex) will be used during household consultation. Information collected will be adequately II " . analyzed and presented in updated RAPs by agencies updating/preparing RAPs with the support from the TT. Analysis needs to indicate clearly a) the extent to which these vulnerable households would be affected (land, crops, structures, business ...) and b) mitigation measures proposed to address these II impacts (as per RPF, EMPF, and local regulations). '" The following summarizes the numbers of vulnerable PAHs.

•l1li

Table 16. Distribution of vulnerable households

No. District, commune

Household cate ories Ethnic

minority household

Poor household

Female-alone handled with dependents

I Chau Thanh district 11 8 AnNinhcom. 2 4 AnHi~pcom. 8 3 Thi~n My com. 1 1

II Long Pho district 19 4 Long Phu com. 3 2 Tan Hung com. 11 1 Tan Th~nh com. S 1

III My To district 7 3 1 PhuMYcom. 7 3 1 Long Hung com. 0 0

IV Nga Niim district 3 0

.. II ..•

"• Mekong Delta Water Resources Management for Rura) Development

.,•

22

·....

'"'" Tan Long com. 3 0

V Trin DS district 24 11 Tai Van com. 15 9 Vien An com. 4 2 Vi en Binh com. 5 0

Total 64 26 1 .....

Total number of vulnerable household is 69 households, of which Ethnic minority households are 64 households; Poor households under MOLlS A classification are 26 'households, of which 22 households are ethnic minority households (Khmer group, these households are already counted under ethnic minority) and the rest 4 is Kinh households; Household with dependents headed by women alone that are considered vulnerable is 1 household.

Table 17. Educational level of the heads of vulnerable PADs

,....

...i

Illiteracy Primary Secondary High College or university

Total

Percentage( %) 10.1 59.4 27.5 2.9 0.0 Total 7 41 19 2 0 69

~au Thanh Dist. 2 10 2 1 0 15

ong Phil Dist. 1 11 7 1 0 20

My Tli Dist. 0 4 3 0 0 7

Nga Nam Dist. I 1 1 1 0 0 3 Trdn D~ Dist. 3 15 6 0 0 24

Up to 1 0.1 % of the heads of vulnerable P AHs are illiterate, they can not read and write. This is higher than that of the heads of general PAHs. In general, educational level of the heads of vulnerable PAHs is

-'" lower than that of the general P AHs' heads.

Table 18. Main occupations of the heads of vulnerable PADs .., ..

-at

Agricult ure

Hired labour

State wage

Business Non farm

Other Unemployment

Total

. Percentage( %) 69,6 18,8 1,4 4,3 1,4 1,4 2,9 100

Total 48 13 1 3 1 1 2 69

Chau Thanh Dist. 7 4 0 1 0 1 2 15 Long Phli Dist. 17 3 0 0 0 0 0 20

MyTli Dist. 6 0 0 1 0 0 0 7

Nga Niim Dist. 3 0 0 0 0 ,0 0 3

Trdn D~ Dist. 15 6 1 1 1 0 0 24

..... • 1

Mekong Delta Water Resources Management for Rural Development

-. 23

II Ii ..

Main occupations of the heads of vulnerable P AHs are some how not so different with those of the he~ds .. of general PAHs, where a similar percentage of nearly 70% engages in agriculture, and also around 20% are hired labours.

2.8 Expectation of compensation and support for livelihood restoration

Focus group discussions have been implemented with participation of PAHs and local authorities in every ..subproject affected commune. P AHs and local authorities have given their points of view over subproject " impacts, mitigation measures, income restorations. In general, P AHs and local authorities have presented that they support very much for this subproject, as construction of bridges on the secondary canals is necessary, benefiting local communities. Negative impacts caused by land and assets acquisition are inevitable, but they are small only, no severely affected household is reported, with mitigation measurements proposed by subproject can minimize negative impacts on P AHs and local communities. The mitigation measurements may include site selection for construction of the bridge at the same site of the old bridges, and informing PAHs early about subproject implementation in order to stop cultivation of plants.

Table 19: The rate of selection of compensation options

Option Number of selected household

Rate 0/0

Compensated with equivalent land 2 1.5

Compensated with cash at replacement cost 109 81.7

Not yet decided 22 16.8

Total 133 100.0

l1li ill

•i •..

All P AHs were asked about their expectation on different compensation alternatives. It has had 109 P AHs

occupying 81.7% of total PAHs which want to get compensation in cash. It is only 2 P AHs occupying •.. 1.5% of total PAHs which want to get land for compensation instead of getting cash. And it has still had

22 P AHs presenting up to 16.8% of total PAHs which not decide yet about their expectations. .. IITable 20: The rate of selecting resettlement option

Option Rate %

Compensation in cash and self-resettlement with the reason of:

98.1

With houses out side project affected area

With enough landfor house construction

With in-cash compensation and buying land

2.5

92.5

3.1

Relocate to resettlement area made by subproject 1.9

Total 100.0

•..

III

II

Mekong Delta Water Resources Management for Rural Development 24 " II

" II

••

"'~I

......

Almost all affected households (92.5%) choose compensation in cash to self-relocate because of having enough

land for construction.

,W", Table 21: Rate of options to income restoration measurement

"'...

Option Rate (%)

Compensation at the right time 25.8

Vocational training 8.7

Borrowing credits 26.5

Getting breeding animals and seed 10.5

Assistance of agricultural extension 20.6

Getting cash and self-activity 7.9

For income restoration issue, almost affected households want to get compensation cash at the right time,

e.g. immediately after completion of detailed measurement survey (DMS), the affected households will ..., be received compensation in cash to implement their livelihood restoration. The other aspirations of the

affected households for income restoration are that: to be borrowed credits for productive development

(26.5% households want to get the assistance); to be assisted in agricultural extension (with 20.6%); to

be assisted for getting breeding animal, seeds (10.5%); and to be assisted in vocational training (with

..., 8.7%) .

Table 22: Plan of using compensation money

Options Rate(%)

Construct or repair house 35.5

Purchase productive land 2.5

Purchase furniture 15.6

Invest to small business 3.2

Save money to bank 11.5

Spend to education 12.0

Spend to health care 19.7

... --.. Mekong Delta Water Resources Management for Rural Development

.... III.

25

• •

Base on the rate of assistance's options for income restoration and comments of participants in

community consultation meetings, the plan of income restoration would be issued to ensure the

restoration is conducted in subproject implementation.

Above table presents the options of affected households on plan to use compensation money. The

table shows that, the first choice of the affected households is to use compensation money to construct or

repair their house with rate 35.5%, the reason is that: the most of existing houses are temporary house

(made from leaves), hence with compensation money the affected households want to upgrade their house

and then to purchase furniture.

Some households want to save compensation money into bank (with 11.5% over total affected

households); some other affected households will use the money to health care, education.

Due to in Mekong River Delta, farmer household has rather large land, hence the option of using

compensation money to buy productive land is selected by very small number of affected households

with rate 2.5% of affected households select the option.

Table 23: Plan for replacing lost income of affected households

Option Rate %

Purchase new productive land 4.5

Create new place for business 2.5

Open shop for small business 8.8

Create handicraft occupation 6.2

Seek new job 36.6

Others 41.4

To restore lost income, some options include: open shop for small business corresponding with

household's capacity; seek new job which is appropriate with household's condition; create handicraft

occupation; create new place for business and others will be selected by affected households. The first

option (seek new job) has biggest number of affected households to select with rate 36.6%; many others

have not decided with rate of 41.4%; the third option (open shop for small business) has only 8.8%

affected households to select.


•II

•II .... .." ;

., I

•..

.."

•..

••

.111

..'" 3. POLICY FRAMEWORK AND ENTITLEMENTS

..... 3.1 Policy framework

...~

A Resettlement Policy Framework has been adopted that guides resettlement planning and implementation for all subproject of the project "Mekong Delta Water Resource Management for Rural Development Project" requiring land acquisition. The overall objective of the policy is to ensure that all people affected by the subproject are able to maintain and, preferably, improve their pre-subproject living standards and income-earning capacity from compensation and life rehabilitation assistance for the loss of movable and immovable assets.

The policies applied for this RAP are based on the laws and regulations of the Government of Viet Nam "'...

(GOV) and the Involuntary Resettlement Policy ofWB which integrated in RPF of the project.

The Constitution of the Socialist Republic of Viet Nam (1992) confirms the right of citizens to own and protect the ownership of a house. In addition, the Government has enacted a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation and resettlement.

(i) The prinCipal Vietnamese laws and regulations:

• Land law passed by the National Assembly on 26 November 2003.

• Decree 181, dated 29 November 2004, on executing Land law . ...~ • Decree 197, dated 03 December 2004, on compensation, assistance and resettlement when the

State acquires the land. This is arguably the key piece of legislation which replaces Decree ''''I 22/CP dated 24 April 1998 which previously provided the primary basis for compensation and .... resettlement activities.

'""I • Decree 198 of the Government on charging fees on land use. ...i • Decree 188, dated 16 November 2004, on methods to identify tariffs and the tariff frames for different types of land.-.,

• Decree 17/2006IND-CP•. dated 27 January 2006, relating to amendment and additions to Decrees 18 I and 197 above. -.,

• Decree 84/2007IND-CP, on 25th May 2007 on supplementary regulations on granting land use ..I certificate, orders and procedures for compensation, assistance and resettlement when the

State acquires land and settling complaints on land. '1"1

• Circular 06/20071TT-BTNMT, dated 15 June 2007, of the Ministry of Natural Resources and uI Environment guidelines to executing Decree 84 of the Government.

• Decree 123/20071ND-CP, dated 27 July 2007, relating to amendment and additions to Decree 188/20041ND-CP above.

• Circular 145/2007/TT-BTC, dated 6 December 2007, of the Ministry of Finance guidelines to executing Decree 123 of the Government and replacing Circular 144 ofMOF on guidance of executing Decree 188120041ND-CP.

• Decree 69/20091ND-CP, dated 13 August 2009, regulating additional planning of land use, -land prices, land acquisition, compensation, assistance and resettlement.

-Mekong Delta Water Resources Management for Rural Development 27

.."

• Circular 14/2009/TT-TNMT, dated 16 November 2009, of the Ministry of Natural Resour~es .." and Environment providing guidelines on executing Decree 69 of the Government ~nd replacing Circular 11612004ITT-BTC, of the Ministry of Finance guiding on executing Decree 197/2004 of the Government. . I "

• Decree 79/2003/ND-CP, promulgating the regulation on the exercise of democracy in communes, including requirements for consultation with and participation of people. in communes. ".. ..

Other laws, decrees and regulations relevant to land management, land acquisition and resettlement .. include the Construction Law 16/2003/QHll on compensation and relocation of people affected Iby ground clearance for investment projects, Decree 1612005-ND-CP on the implementation of the Construction Law, Decree 182/2004/ND-CP on penalties for administrative violations in land issues, I Decree 198/2004/ND-CP on land use fees, Decree No. 12/2009/ND-CP dated 12/2/2009 on the management of construction investment projects, Decree No. 13112006/ND-CP, on the management and use of Official Development Assistance (ODA), and Decree No.70 that stipulates that all documents II" registering family assets and land use rights must be in the names of both husband and wife. Decisionsj of project provinces relating to compensation and resettlement in provincial territory will be also applied for each relevant project province. •I

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

Decrees relevant to protection and preservation of cultural property include Decree No. 186/2004/ND-CP I requiring that sites currently recognized for cultural and historical preservation and that are situated within the boundaries of waterway safety corridors, should be kept intact according to current legal regulations. "• The Central Project Office of MARD through its Environment and Resettlement Division is responsible pfor ensuring effective implementation of the RPF in close consultation with other line agencies and the .. provinces.

With the promulgation of Decree 69/2009/ND-CP dated 13 August 2009 of Vietnamese Government regulating additional land use plan, land prices, land acquisition, compensation, assistance and resettlement, policy and legal framework of Vietnamese Government on resettlement is consistent in most respects with the principles ofWB's policy. "•Beside Gov's laws and regulations, Soc Trang province released legal documents to guide utilization of Gov's regulations on land acquisition, compensation and resettlement in Soc Trang territory. The •following Decisions promulgated regulations for compensation, assistant and resettlement when Go V

it

acquire land on the territory of Soc Trang province: • .,• Decision 44/2009/QD -UBND dated 9 December 2009 of Soc Trang PPC promulgated temporary ..regulation for compensation, assistance and resettlement when the Government acquires land on

Soc Trang territory. .. II

•Mekong Delta Water Resources Management for Rural Development 28 It

"•

.,ft,

111111

..'"

.'" • Decision 47/2009/QD -UBND dated 21 December 2009 of Soc Trang PPC promulgated the unit price of categories of land on Soc Trang territory applied for 2010.

• Decision 49/2009/QD -UBND dated 25 December 2009 of Soc Trang PPC promulgated the tree tlt-,.

density and unit price for compensation of tree and crop on Soc Trang territory;

(ii) World Bank Policy on Involuntary Resettlement (OPIBP 4.12)

The OP 4.12 aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects.

For preparation and implementation of activities involving land acquisition, compensation, relocation, and restriction of resources uses, the policies require close consultation of the affected population and appropriate mitigation of the potential negative impacts given special attention to ethnic, gender, and other vulnerable group issues. The policies also specify the need for information disclosure, monitoring and evaluation, and ensuring adequate budget and capacity of the agencies. The main objectives and principles ofthe policy on involuntary resettlement are as follows:

a) Acquisition of land and other assets will be minimized as much as possible; resettlement of people and structure demolition of homes and business will not be allowed unless WB prior clearance is provided.

b) All Project Affected Persons (PAPs) are identified in the Project impacted areas as of the date of the baseline surveys. They are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost will not bar the PAP from entitlement/compensation to such rehabilitation measures.

c) The rehabilitation measures to be provided are: (i) cash compensation at replacement cost without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land for land of equal productive capacity acceptable to the PAp l

; (iii) replacement of residential and commercial land of equal size acceptable to the PAP; (iv) and transfer and subsistence allowances.

d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the PAP.

-I "Agricultural land for land of equal productive capacity" means that the land provided as compensation should be able to produce the same or better yield the PAP was producing on hislher previous land. The production should be in the planting season immediately following the land acquisition. It can be for a future period if transitional allowance equal to the household's previous yield is provided to the PAP household while waiting for the land to get back to the same productivity as the previous land.

-Mekong Delta Water Resources Management for Rural Development 29--'.

" .. •

e) Plans for acquisition of land and other assets and provision of rehabilitation measures will be • carried out in consultation with the PAPs, to ensure minimal disturbance. ..

f) The compensation and rehabilitation activities will be satisfactorily completed before awarding of II contract of civil works under each subproject ..

g) The sources of funding for the compensation and rehabilitation of PAPs will be funded as follows: II compensation for productive, residential and commercial land will come from the village land through the approval of the responsible Government Agency, and cash compensation for structures, trees, crops, income loss and rehabilitation assistance will come from the provincial ..• counterpart fund in the Project.

•.

Mitigation measures of potential negative impacts due to both land acquisition and restriction of access have been considered during the design of the project by emphasizing community-based collective management of potential negative impact, which will be in line with Bank policy, as part of a project subcomponent. The impact that go beyond the threshold of voluntary donation, a separate and standalone .." RAP (or abbreviated ones) will be prepared to fully comply with the Op 4.12.

..II (iii) Key Differences between Government and WB Policy

There is basic difference between Viet Nam's laws and the World Bank's Involuntary Resettlement Policy especially with regard to the entitlement ofPAPs with legal and illegal rights/titles. •.. The World Bank Policy does not consider the absence of legal rights of PAPs on the acquired land as an impediment to receiving compensation for other assets and for rehabilitation assistance. Non-registration of a PAP's business also does not bar them from being assisted in restoring their business. There is also slight difference in the definition of major/severe impacts. Key differences between WB Involuntary ..Resettlement Policy and Viet Nam's legislation, including measures to address the differences, are outlined in Table below. .. Table 24. Key differences between WB Involuntary Resettlement Policy and Viet Nam's legislation

Article 11, decree 69: The Land compensation compensation rates for land should be based on shall be determined by the replacement cost at PPC in accordance with the current market values. A Government regulations for replacement cost survey the type of land which has should be conducted at been used for at the time of the time of land land acquisition. If land acquisition. compensation price" is lower than actual transfer ce at

Mekong Delta Water Resources Management for Rural Development

At the time of land acquisition implementation, District Resettlement Committees carry out replacement cost survey to ensure that project rates for all categories of loss will be equivalent to replacement cost at current market values.

• ".. .. .. .., III .. • III .,

30 .. l1li

II

-.

-. normal market conditions in locality, PPC is responsible for re~determining the land compensation price suitable to the actual price.

Article 18, 20 in Decree 197: Houses and structures on non-eligible~for

compensation land, which -', have not violated

announced land use plans or the right of way will be compensated or assisted at maximum of 80 percent of replacement cost.

All affected businesses All affected businesses are eligible Articles 26 and item 2 of -are eligible for assistance for assistance

Only registered businesses are eligible for assistance

article 28 in Decree 197:

Article 20 and 22 Decrees 69: AP's losing more than 30 percent of productive land (outside resident area) will be entitled to assistance in living stabilization and vocational training/job creation.. .. '-t

I

-

All affected houses and structures, irrespective of land tenure status, should be compensated at the full replacement cost.

For households whose livelihoods are landbased, when land acquired is less than 20% of the total productive fl!£!!" and the residual is economically viable, cash compensation for lost assets may be appropriate.

Note: Impacts are considered "minor" if the affected people are not physically displaced and less than 10% o(their productive assets are lost, and there is no physical relocation.

Houses and structures on non~

eligible~for-compensation land will be compensated at 100% of replacement cost of the new houses and structures without any deductions for depreciation of salvageable materials

+ PAPs who lose less than 20% (or less 10% for vulnerable households) of their total productive land for land~based

livelihoods will be entitled to compensation of lost land at replacement cost + PAPs who lose 20% or more (or 10% or more for vulnerable households) of their total productive land for land~based

livelihoods will be entitled to rehabilitation assistance, including subsistence, vocational training/job creation (in addition to compensation of lost land at replacement cost).

.. No provision for external External monitoring of Provision will be made for the monitoring. the resettlement process independent external monitoring

by an independent and of the resettlement and income qualified institution is restoration process. --

• -


•II

..II 3.2 The principles for land acquisition and resettlement ..!lit In general, the Land Law 2003 and Decree I 97/2004IND-CP, Decree 1712006IND-CP on amendmen~ of some provisions guiding implementation of the Land Law 2003 and Decree 197, Decree 84/2007IND-~P on orders and procedures of compensation implementation, and Decree 69/2009/ND-CP providjng .." additional guidelines on land use, compensation, support and resettlement satisfy the most principles ~nd objectives of the World Bank's Policy on Involuntary Resettlement. To ensure a fair compensation ~nd adequate relocation, rehabilitation of the PAPs caused by land acquisition and loss of house and/assets ".. due to the project development, with approval of the government of Vietnam for the RPF of the project MDWRM-RDP. In this regard the following principles and objectives would be applied for the subproject as well: •

II a) Acquisition of land and other assets will be minimized as much as possible; .." b) A full RAP will be prepared for subproject with more than 200 PAPs based on the outline in

Annex 2 of the RPF. If the number of PAPs are less than or equal to 200, an abbreviated ..Resettlement Action Plan could be prepared in line with the technical guidelines provided in ..Annex 2 of RPF.

c) All Project Affected Persons are identified in the Project impacted areas as of the date of the baseline surveys. They are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost will not bar the PAP from entitlement/compensation to such rehabilitation measures. "III

d) The rehabilitation measures to be provided are: (i) cash compensation at replacement cost without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land for land of equal productive capacity with full title and acceptable to the PAp2

; (iii) replacement of residential and commercial land of equal size with full title and acceptable to the • PAP; (iv) and transfer and subsistence allowances. •

e) Plans for acquisition of land and other assets and provision of rehabilitation measures will be .. carried out in consultation with the PAPs, to ensure minimal disturbance. Ii

f) The compensation and rehabilitation activities will be satisfactorily completed before awarding of .. contract of civil works under each subproject. iii

• III

2 "Agricultural land for land of equal productive capacity" means that the land provided as compensation should be able to produce the same or better yield the PAP was producing on his/her previous land.

Mekong Delta Water Resources Management for Rural Development 32 .. II

--g) The sources of funding for the compensation and rehabilitation of PAPs will be funded as follows:

compensation for productive, residential and commercial land will come from the communal land fund (if communal land fund is available) through the approval of the PPC, and cash compensation for productive, residential and commercial land (if communal land fund is unavailable), structures, trees, crops, income loss and rehabilitation assistance will come from the Government counterpart

...1 fund in the Project.

h) Institutional arrangements: The Project Management Unit 10 (PMUIO) under MARD and Provincial Project Management Units (PPMUs) would be responsible for coordinating with Central Project Office (CPO), Provincial Resettlement Committees (PRCs), District Resettlement Committees (DRCs) for internal monitoring on resettlement implementation. Implementation of the RAP will be -regularly supervised and monitored by the PMU 10 and the Provincial Project Management Units (PPMUs) responsible for implementation of the investment activities that involve land acquisition - and/or resources access restriction, thus to ensure effective and timely design, planning, consultation and implementation of the compensation program .

-•• ,i) Voluntary land donation will be conducted on a consensus basis with the community according to the principles and procedures set out in this RPF. Where impact goes beyond the threshold of voluntary donation, a separate and standalone RAP (or abbreviated ones) should be prepared to fully comply with the RPF

j) Land acquisition, compensation and relocation of PAPs cannot commence until the RAP has been reviewed and approved by the World Bank. All resettlement activities will be coordinated with the civil works schedule.

k) At the beginning of the project implementation, Grievance Redress Committees will be established from villages to provincial levels built on the existing structures consisting of concerned departments, mass organizations, women and ethnic representatives

I) Strategies will be adopted to ensure gender-sensitive resettlement and rehabilitation measures and, to engage women actively in the planning and implementation of the resettlement program as well as other programs. The resettlement committees, resettlement specialists will be directly involved

• ~

I in all aspects of the development and implementation of the gender strategy (see Annex 4 of RPF), to ensure that these measures are adequately implemented

3.3 Compensation and entitlements

Eligibility: All PAPs who are identified in the project-impacted areas on the cut-off date of the Project

• will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist .. them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-offdate will be the final day ofthe detailed measurement survey (DMS) in the

• subproject/investment. Those who encroach into the investment area after the cut-off date will not be entitled to compensation or any other assistance.

• -• Mekong Delta Water Resources Management for Rural Development 33

--

"• Entitlements: Based on the types of impacts, category of PAPs, and their entitlements the project will " • prepare specific entitlements to each category of PAPs following the entitlement matrix below as appropriate. Following detailed design, DMS and social assessments will be the basis for detennining .'" actual impacts, and replacement cost surveys will be carried out to detennine actual replacement costs and rates and to update this RAP and the entitlement matrix below

•..

3.4 Entitlement matrix

Table 25. Entitlement matrix of the project

Pennanent Owners of User land: Land Certificate (LURC), cash compensation at replacement land, nar,f1",,,, owners in process which is equivalent to the current marK!::tl land, forest of acquiring LURC, value of land within the village, of simi and aquacu owners eligible to type, category and productive capacity, land) acquire LURC free from transaction costs (taxes,

and administration r-------------~--------------~~~----~--~~~~

public • For loss of 20 % or more of the total If the remaining laild is organizations productive land: economically viable, at

Owners LURC

Residential Land Users with L or in the process acquiring LURC

as apriority, a replacement land request of PAPs, the with equal productive capacity acceptable will acquire the entire to the PAP would be provided with land remaining land. The size title or land use certificate without any the entire land holding fees, OR cash compensation at be the basis for prov replacement cost in case replacement land replacement land or is unavailable; AND entitlement to compensation and receiving rehabilitation and allowance allowances. package as defined below for severely affected PAPs. • Compensation for land at • ""......~'''''......... cost if no dispute and no violation announced planning. • If not meet conditions compensation, PPC considers for support.

DRC should work with CPC to identify the of the affected land and starting point of land use.

• With remaining land sufficient • PAPs may voluntarily rebuild houses/structures: (i) donate portion of compensation at replacement cost residential land is equivalent to the current market project. of land of similar type and category, voluntary donation of mill" free from transaction costs strips of residential administration fees) and (ii) cash will only be allowed by the improvement of remaining residential Project when the land fi' and level' so P criteria are

34Mekong Delta Water Resources Management for Rural Development

••

.

adequate

proj

-

,...,

-

-I

III

--

can move back and with: (i) the PAP's total remaining plot. residential land area is not • Without remaining land sufficient to less than 300 m2

; (ii) rebuild houses/structures: strip of land that can (i) Replacement land compensation donated cannot be resettlement sites or in commune, with than 5% of the total same area, type and category, area; and (iii) there are charge for taxes, registration and houses, structures transfer, with land title or land use assets on the certificate, OR (ii) cash compensation portion of land. (iii) replacement cost which is equivalent to project infrastructure is the current market value of land of s location or site specific. type and category, free from transaction the location cannot be costs (taxes, administration fees) plus changed OP 4.12 will apply allowance for leve . and land.

User without legal • Compensation for affected land DRCs in combination with or legalizable rights through either replacement land or cash CPCs identify the eligibility to use land payment will be at replacement cost, of land for compensation

however no dispute and no violation with announced planning, otherwise compensation for land but only for losses. • If PAPs have no other residence, PPC considers to allocate residential land rehabilitation and allowance package PAP.

Temporary Use Legal user • For agricultural and residential land to The construction of Land occupant be used temporarily by the project, (i) supervision consultant and

cash compensation but should not be less IMO will ensure that the (i) than the unrealized income and revenue location and· alignment that could be generated by the property the temporary use area wil during the period of temporary use of the have the least adverse land; (ii) cash compensation impacts; (ii) that replacement cost for affected fixed assets landowner is (e.g., structures, trees, crops); and (iii) informed of hislher restoration of the temporarily used land and entitlements as per within I month after completion investment construction resettlement policy; and (iii)

agreement reached between the landowner and the civi works contractor are out. Environmental Management Plan will

the ided• Cash

-Mekong Delta Water Resources Management for Rural Development• 35

-

.... houses whether or cost for the new Houses/Shops,

'-'v,_v........ not land is owned with no deduction for depreciation of their structures Structures structure or salvageable materials; and. Affected houses (kitchen, rehabilitation and allowance package shops that are no bins) or PAP as defined below for viable are those partially affected PAPs, including housing remaining affected but no during construction of new house. are no viable usablelhabitable. (will relocation)

Partially Affected Houses/Shops and structures remaining part viable Loss of income relocation during dismantling! repair affected portion (without relocation)

Owners of affected. Cash compensation at houses whether cost for the affected part and not land is owned repairing the remaining part.

Reparation cost negotiated with DRC

Owners of • Cash compensation equivalent to the The number of regardless average of daily income rate mUltiplied by business disruption· and whether or not they the number of days of business disruption. will be verified register interviews with

shop owners to get estimate of daily net

Provide customer access the business and shops mitigate disruptions avoid or closure.

Crops and Trees Owner of crops and. If standing annual crops are ripening DRC should infonn

Permanent of

trees whether or not and cannot. be harvested, cash PAPs at least 3 land is owned compensation at market price equivalent before land acquisition

to the highest production of crop over the last three years multiplied by the current market value of crops • F or perennial crops and trees, cash compensation at current market value based on type, age, and productive capacity. • For timber trees, cash cOlmpem,attonl at current market value based on type, and diameter at breast height (DBH) trees

loss Villagers or village • Compensation at replacement cost households based on its value for the affected

lIP.. II

•

36Mekong Delta Water Resources Management (or Rural Development

resources/ pu structures/ village collective

tv............... ,

-structures/facilities or reconstruction, reinstallation, if required by the owner.

Owners of graves Compensation to removal of graves will be paid directly to PAPs, including costs of excavation, relocation, reburial, purchasing/obtaining land for relocation of graves and all other reasonable costs in accordance with local rituals.

Support acquired agricultural land

areas

",..,

Cash compensation for cost to dismantle, transfer and rebuild

attecteOI Additional to compensation for acquired havi land at replacement cost,

Electricity Poles Electricity

-acq~ired households will be provided a cash agrtcultur~lh' land allowance, equal to from 20% to 50% of ...., loc~ted Wit In rural average residential land cost in the project resident area area but supported area is not exceed 5 urban area times of quota of residential land in

locality. PPC will decide specific support levels to apply for its territory.

Payment should be for households one time the time of compensation payment.

Payment should be for households one time the time of compensation payment.

-, II

-• ---

Eligible affected Beside ofcompensation for acquired households. agricultural land, affected households are cultivate on the provided one of two below options: acquired I d - occupation change/job creation agricultural an allowance in cash, equal to from 1.5 to 5and times of compensation value of entire

acquired agricultural land area but not exceed quota of land allocation in locality; OR - a residential land plot or an apartment or a productive/commercial land plot, if locality has land fund. PPC will decide specific support levels to apply for its territory.

,If labor age members of affected households require vocational training for

a free course will be

• Mekong Delta Water Resonrces Management for Rural Development 37

--

II ..

Support garden land pond

Beside of compensation at replacement Payment should be .....,.,,,,,,,,.,.. and acquired garden cost for affected land, affected households for households one time

land, pond in the will be supported by cash, equal to from the time of compensation same residential 20% to 70% of price of the residential payment.

Transition subsistence allowance

land plot with land plot.

houses th.edreon d

but PPC will decide level of the support. not conSl ere as residential land Relocating Relocating PAPs will be provided households cash or in-kind assistance equivalent to relocating kilogram (kg) of rice at current malrkt~tl residual land or to value for 6 months per household member other sites

Severely attectedl PAPs directly cultivating on affected PAPs losing and losing: or more of • From 20% to 50% productive productive land/income will be land/income with cash or in-kind assistance

to 30 kg of rice at current market value 6 months per household member if no relocation, 12 months if relocation, and 24 months if relocation to sites with harsh socioeconomic conditions. • From more than 50% to 70% of productive land/income will be provided with cash or in-kind assistance equivalent to 30 kg of rice at current market value 9 months per household member if no relocation, 18 months if relocation, and 24 months if relocation to sites with harsh socioeconomic conditions • From more than 70% of their productive land/income will be provided with cash or in-kind assistance equivalent to 30 kg of rice at current market value for 12 months per household member if no relocation, 24 months if relocation, and 36 months if relocation to sites.

.. Ii

Mekong Delta Water Resources Management for Rural Development 38 '"• •..

and

According dated

.. --.. --.'

-

--, --.-.' ---, • -.. -• ---

Businesses households with nonregistered business

Registered business owners

Transportation allowance

Relocating Support for renting during The support should households construction of new house, for 6 months

Housing rent provided at the time

per household. PPC decides the rent compensation. not less than VND 600,000 per month rural and one million in urban area.

Severe impacts Severely affected on vulnerable vulnerable PAPs· An additional allowance of 30kg

, PAPs such as the rice per person in the non-poor household. household (based· An additional allowance of 30kg on MOLISA rice per person for not less than 3 criteria), and lower than 10 years in the households headed household. by women, the. Eligible to participate m elderly, disabled, restoration program

and • The contractors will make all

Cash assistance for loss of income based affected and must Structure totally

on the minimum wage in the respective be relocated OR province for the duration that the partially affected business/income-generation activity IS

and must be disrupted. rebuilt.

Cash compensation for affected structures at replacement costs.

transportation allowance as

50 m2:

Affected businesses will be notified 2 months in advance to relocate and/or rebuild new structures, so as to be able to continue to operate businesses while resettling.

Structure totally Cash assistance for loss of income equal to 30% of taxable revenues of one year. affected and must Average annual taxable revenues be relocated OR

partially affected determined on basis of financial and must be statements for the past 3 years; And rebuilt. Cash compensation for affected

structures at replacement costs; And

Relocation allowance if relocated

- Support for transfer all old households Relocating

building materials and other sites possessions by cash:

Decision 44/2009/QD -UBND December 2009 of Soc Trang PPC, P have to be relocated to other sites will

The poor households will be those' meeting the poverty criteria as set by MOLISA identified at the time OMS implementation.

• 39Mekong Delta Water Resources Managemeut for Rural Development

-

• •

.." reasonable efforts to recruit severely affected and vulnerable PAPs as laborers for construction

Incentive bonus Relocating • Cash bonus up to a maximum of VND Payment to households 5,000,000 per household for relocating directly to

households that dismantle structures from immediately upon f'Pt'1nI'Y\I!>

affected land in a timely fashion, in addition to all entitlements

.4. COMPENSATION AND RESETTLEMENT STRATERGIES .. 4.1 Procedures for Payment of Compensation and Allowances ...The RCs is responsible for payment of compensation and allowances to PAPs. This will be done with assistance from commune and hamlet authorities. The procedures to be followed include:

(i) Following Compensation Plan approved by PPC, PPMU transfers funds to district treasury; the " II RCs withdraws funds to pay compensation and allowances for PAPs.

(ii) The RCs and local authorities notify PAPs about the date, time and place as well as : documentation required, for payment of compensation and allowances. Notice is delivered to PAPs at least one week before payment; notification is also posted at commune and hamlet offices. Compensation is paid in each commune.

(iii) At the time of payment, both husband and wife of each PAP should signs a compensation document to acknowledge the amount and receipt of payment. Representatives of the PPMU, RCs I and commune witness the payment.

(iv) In case project affected people are without/limit civil actions, it is required a legal assistance and • support from their representatives (family, relatives, social political organizations ..) and/or judicial II organs in receiving compensation amounts and their most effective management and operation guidance. For PAPs without civil actions or PAPs in vulnerable groups, RCs will coordinate with 'I CPC and other social organizations, such as Youth Communist League, Women's Union and .. Farmer Association etc.

4.2 Income Restoration Strategies •• For severely project affected households, who lost 20% or more of productive land and/or assets generate income, the following allowances will be provided:

o Household lost from 20% to 50% of their productive land/income will be provided with cash or in-kind assistance equivalent to 30 kg of rice at current market value for 6 months per household member ifno relocation, 12 months if relocation. J

II.. Mekong Delta Water Resources Management for Rural Development 40

.• -

o The assistance to vocational training/job creation: for PAPs losing 20% or more of their- productive land, an additional allowance for vocational training/job creation equal to 1.5 times of- affected area value.

.. o The vulnerable PAPs with severe impacts (relocating PAPs and those losing 10% or more oftheir

productive assets) will be assisted: (i) An additional allowance of 30kg of rice per person in the non-poor household for 6 months (ii) An additional allowance of 30kg of rice per person for 36

' months in the poorest household (iii) Eligible to participate in income restoration program the

. contractors will make all reasonable efforts to recruit severely affected and vulnerable PAPs as labourers for road construction and road maintenance works

o The ethnic minority households are affected by land acquisition and resettlement will be joined into Ethnic Minority Development Program (EMDP). The program is designed specially (with ... separate EMDP design report) to ensure that the affected ethnic minority will develop capacity of livelihood's restoration to mitigate the risks of asset, land loss, which can cause the losses of income, disorder of living standard. The EMDP is designed to assist 64 ethnic minority households (Khmer ethnic minority).

In addition to compensation, opportunities for affected households to receive more benefit from project (better irrigation water, access to water/sanitation services, agricultural extension trainings, access to agricultural inputs ... ) will be provided, where appropriate

4.3 Vulnerable PAHs

Acquiring land and assets on the land for subproject "Constructing bridges on secondary canals in Quan Lo - Phung Hiep area, Soc Trang province" affects to 69 vulnerable households, of which 64 households ...' are Khmer ethnic minority (among them, 22 households are poor household as well), other 4 Vietnamese households are poor, and 1 household with single-handed female household's head. According to RPF, the vulnerable households that are severely affected will be joined into Income Restoration Program. Among affected vulnerable households, there are not any severely project affected households, hence the program is not necessary to establish.

.' RAP will include package for vulnerable households based on SA findings

4.4 Gender strategy -Some gender strategies will be approved to ensure that resettlement affects gender and restored solutions - to attract the participation of women in resettlement program planning and implementation as well as other programs. Construction monitoring consultant, social experts, CPMUIPPMU will orient to develop -.. and implement gender policy, to ensure these policies are deployed suitably .

Based on the gender strategy proposed in the RPF a specific gender strategy should be established and -implemented during project implementation as follows: -(i) Consult women to determine criterions for replaced land or improving current land, especially in

planning for current lands and maintain the family as well as set up the relationship with services • and public facilities such as school, health organization, market and economic activities.

---Mekong Delta Water Resources Management for Rural Development •

-41

•.. •..(ii) Consult project affected households about proprietary arrangement will ensure that wOfl!1en

(including women who own their family and is a member of family) have correct knowledge with their selections and obligation; and women's opinions are reviewed is make decision ..

(iii) The payment of compensation will be signed by both wife and husband or woman who owns their family. •Ii(iv) Project construction contract includes gender equal commitment: i) ensure not to use child $.nd illegal labour as labour force; ii) not distinguish, against woman labour; and iii) not pay differently between woman and man. •

III (v) Resettlement information system of project will ensure that all documentation and supervisor wqn't

concentrate on gender. .... Women who own their family are affected as well as members of project committee will be encouraged and supported in participation fully in subproject resettlement plan implement and planning by impactj on •knowledge, skill and their interest. These activities and resettlement framework aim at creating facility to II participation, including:

(i) The commune and district resettlement committee, the committee of appeal implementation and other local parts in planning and resettlement program implementation should incl~de representatives of woman. It is representative of Vietnam women's union and commune and province resettlement committee, including women as household head and member of project affected households.

(ii) The women member of commune and province resettlement committee will be supported of their •role through exchange experience from other project. •

(iii) The affected women and others of local committee will propose their opinion to indicate social and .,environment impact of project. ..

5. INFORMATION DISCLOSURE AND GRIV ANCE REDRESS • Disclosure of information and consultations is deployed during preparation and implementation of •subproject to ensure that PAPs 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 representatives of district, commune, ward and/or hamlet authorities organized meetings and consultation, distributes information and took other steps to keep PAPs informed. •.. All project affected people are people living in 12 communes of 5 districts, including An Hi~p, An Ninh, Thi~n My communes (CMu Thanh district); Long Phu, Tan Hung, Tan Thl;mh communes (Long Phu district); Phu My, Long Hung communes (My Tu district); Tan Long commune (Nga Nam district); Tai Van, Vien An, Vien Binh communes (TrAn D8 district) together with the organization and people related to land and asset's acquisition include: CPC representative, social organizations such as Farmer Union, .,Women Union, Fatherland Front etc. of all affected communes in subproject area participated the ..meetings. for information disclosure and consultation on land acquisition. compensation and resettlement of the subproject. .... Mekong Delta Water Resources Management for Rural Development 42 "•

•..

-5.1 Consultations and Information Disclosure during Preparation of Resettlement Action Plan-The purpose of the meetings conducted during preparation of the resettlement action plan is to provide information to and consult with PAPs and other stakeholders regarding: (i) project information; (ii) the- scope and objectives of the subproject based on preliminary design; (iii) the policies, principles, - entitlement and procedures for land acquisition, compensation and resettlement; (iv) implementation .. schedule and, (iii) preliminary estimates of land acquisition requirements and grievance redress .

During the preparation of Resettlement Action Plan, the National resettlement consultants have cooperated with the authorities ofCMu Thanh, Long Phli, My Tli, Nga Nam, TrAn De districts, Soc Trang Province, communal authorities in subproject areas hold meetings for project affected households. Consultation activities were arranged as following:

o Time and place of consultation: consultation meetings with PAPs were held 2 rounds at every , affected commune office, the first round organized during November to December 2010, and the

second round organized in January 2011. Each commune held meetings for consultation to ensure .. that all project affected people could know and understand subproject information, the policies of compensation, assistance and resettlement which will be applied in the commune for subproject implementation..

o Attendants of the meetings include all affected household's heads together with participation of village heads, representatives of social organizations (Farmer Union, Women Union, Fatherland Front) and local authorities of all communes in the subproject area.

-; The information disseminated during rounds of meeting include:

-, o (i) introduction about subproject Quan Lo - Phung Hiep construction of bridges on secondary

canals, (ii) preliminary design and demand for land acquisition for subprojects, (iii) the needs of land acquisition and site clearance for civil works of the subproject, the method of estimation of loss, and (iv) the policy of Vietnamese Government for resettlement and compensation as well as - WB policy for involuntary resettlement.

-, -,

-o (i) results of EOL for acquired land and other assets on acquired land, and measurement for

mitigation; (ii) estimated compensation unit price and entitlements; (iii) the procedures for payment of compensation and resettlement activities.

During meetings, after presentation of resettlement consultants, the participants were divided into groups -...

as classified by types of impact that specific issues have been discussed and brainstormed, participants from vulnerable P AHs were facilitated to have more chances giving their voices out. Major comments and issues raised by participants:

o The subproject do acquire land marginally because the road have been strengthened based on -existing road; this existing road bed and embankment is quite enough in width. Negative impacts • of project is marginal, mostly on secondary structures built beyond and along the existing one. - The project construction benefit much to local population that they are waiting recently for project implementation and agree! support project actively. - o In construction process, it is proposed to have suitable options for local people's harvest. It is necessary to construct in leisure after harvest time and this will help minimize impact on local

-• Mekong Delta Water Resources Management for Rural Development •

-43

_

•• people's life and production. The options have been discussed with technical engineers that II" construction schedule will be referred to local harvest time. i

o It is proposed to repair or construct some works upon road for operating effectively; propose to Ii• upgrade sidewalk become transportation road, this made facilitate local people's transportation. It

is explained that all components such as bridges, sidewalks, sewers ... also included in the ..subproject preparation Ii

o Construction agency should have suitable measurement for environmental protection dur~ng construction time, such as: watering, use canvas for material covering, etc. It is suggested that ~his will be mentioned in the RPF that contractor (s) must follow the regulation . ••It is necessary to have proper compensation policy for affected crop, asset; to inform PAPs work plan of

resettlement and compensation implementation and to carry out publicly, explicitly, which local RC • committed to strictly follow the suggestion. • .. ..5.2 Information disclosure

The Public Consultation and Information Disclosure (OP. 17.50) defines the Bank's requirements for giving the public access to project information and documentation. During the preparation of the RAp, .." planning and preparatory process, project beneficiaries and affected groups and local NGOs were consulted and social aspects ofthe project were presented. To be suitable with WB policy on involuntary resettlement, Provincial Project Management Unit assisted the district RC to conduct informat~on ..• disclosure the Resettlement Action Plan approved by CPC, MARD and WB. The full resettlement PlIan and it's summary are will be made available in Vietnamese for better understanding for app~ied .. compensation and resettlement policy, the list of project affected households who are acquired land tnd .. assets on the land as well as compensation fund is obvious. :

Safeguard Consultant Team holds community consultation meeting to disseminate information *nd •IIintroduce the project to PAPs in communes in the project area. PAPs are notified in advance about resettlement activities, including: (i) community meeting with contents about the scope of the subproj~ct, work alignment plan, site clearance plan and construction plan, (ii) detailed inventory and measurem4nt, •..(iii) official lists of eligible PAPs and their entitlements, (iv) compensation rates and amounts, (v) payment of compensation and other assistances and (vi) other matters such as the complaint mechanism. Notices are posted in commune PC offices or other easily accessible locations; letters, notices or small •..brochures delivered individually to PAPs.

5.3 Grievance Redress Mechanism • III

Grievances related to any aspect of the Project will be handled through negotiation aimed at achieving consensus. Complaints will pass through 3 stages before they could be elevated to a court of law as a last .. resort. CPO will shoulder all administrative and legal fees that might be incurred in the resolution of .i grievances and complaints.

First Stage, Commune People's Committee. An aggrieved affected household may bring hislher , complaint before any member of the Commune People's Committee, either through the Village Chief or • directly to the CPC, in writing or verbally. It is incumbent upon said member of CPC or the village chief to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected • household and will have 30-45 days following the lodging of the complaint to resolve it (Note: in remote ..

•Mekong Delta Water Resources Management for Rural Development 44 • ..

• ; . 44 4 • HUII.-' !l t N" 1 ~ If

---commune, the complaint should be resolved within 45-60 days). The CPC secretariat is responsible for .documenting and keeping file of all complaints that it handles. - Upon issua!lce of decision of CPC, the household can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can -elevate hislher complaint to the DPC.

Second Stage, District People's Committee. Upon receipt of complaint from the household, the DPC will have 30-45 days (or 45-60 days if it is in remote commune) following the lodging of the complaint to resolve the case. The CARB is responsible for documenting and keeping file of all complaints that it -handles.

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

Third Stage, Provincial People's Committee. Upon receipt of complaint from the household, the PPC

.... will have 30-45 days (or 45-60 days if it is in remote or mountainous areas) following the lodging of the complaint to resolve the case. The PPC is responsible for documenting and keeping file of all complaints that reaches the same.

... Upon issuance of decision of PPC, the household can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the decision, the household can elevate hislher complaint to the court within 45 days. PPC will then deposit the compensation payment in an escrow account. ... Final Stage, the Court of Law Arbitrates. Should the complainant file hislher case to the court and the court rule in favor of the complainant, then CPO will have to increase the compensation at a level to be decided by the court. In case the court will rule in favor ofPPC, then the amount deposited with the court - is what the complainant will receive ..

This Grievance Redress Mechanism has been disclosed to all PAPs and population in the subproject area ... in community meeting, that they are all obviously aware ofthe mechanism.

6. INSTITUTIONAL ARRANGEMENT

The Central Project Office (CPO) in the Ministry of Agriculture and Rural Development (MARD) has -...' overall responsibility for resettlement and land acquisition within the project, including training on RPF and RAP for PPMU, PRCs and DRCs, recruiting external monitoring agency, supervising, reporting on resettlement issues and managing the project resettlement budget.

... Project Management Unit 10 (PMUIO) established in Can Tho under the MARD would be responsible

- for overall implementation of the project. Under the PMU 10, at each of the 6 provinces and Can Tho Municipality, a provincial project management unit (PPMU) would be established to manage provincial .. level subprojects .

- The provincial project management unit (PPMU) established by PPC would monitor and supervise the implementation of resettlement and land acquisition program. The PPMU will work in close collaboration • with the local authorities involved in implementation of resettlement and land compensation. Its functions include planning, coordination of implementation, and financial control, information exchange and inter- agency liaison, internal inspection and monitoring. --Mekong Delta Water Resources Management for Rural Development •

-45

lIP.. District Resettlement Committees (DRCs) will carry out the resettlement and land compensation within the areas of their responsibility under the supervision of the PPMU. These entities will be in charge of organizing the various tasks implied by the resettlement and land compensation program, including PAP It identification, socio-economic surveys, provision of information to PAP's and administration of all .. compensation and related issues.

A training program for PPMU, Provincial and District Resettlement Committees will be conducted by CPO based on the World Bank (WB) policy on Involuntary Resettlement (OP 4.12); the application ofthe Land Law 2003 and Decree 197/2004/ND-CP, Decree 17/2006/ND-CP on amendment of so~e

provisions guiding implementation of the Land Law 2003 and Decree 6912009/ND-CP providing .. additional guidelines on land use, compensation, support and resettlement which will further strengthen .. the performance and compliance of MARD-CPO; PMU1 0; and PPMU on these RPF. • 6.1 People's Committees • The RAP will be implemented by the PCs at two levels (district and commune) under the guidance, assistance and monitoring of PRC. The People's Committees as top administration at various levels h$ve governmental administrative responsibilities within their territory. Provincial Resettlement Committees •will be established for special projects only. • Provincial People's Committee (pPq:

I ..• • establishing provincial resettlement committee and appointing head of district resettlement commi~ee

with assigned responsibilities and tasks, appointing members of Provincial Resettlem[ent •Committee and its chairman. i IrI • issuing the policies of relocation and compensation rates and subsidiaries and other directives and

instructions ofresettlement and compensation applied to the project in their territory. . • approving compensation estimates submitted by District Resettlement Committees. •

II • acquisition and allocation of land for Project • approving land plots to illegally relocated families •• task assignment for districts in province. ..

District People's Committee (DPq: .... DPC will decide the effectiveness ofdetailed compensation and resettlement works. DPC's are assumed to: •

iii • appoint members ofDistrict Resettlement Committee, its chairman and assign fimctional tasks for DRC. • appoint heads ofvillage resettlement team as required.

• certify land use right applications of PAP's and their property title. • sign contract with PRC for running District Resettlement Committee based on operating cost estimate .,

approved by MARD-CPO and MDWRM-RD Project. • reimburse to CRC and DRC operating costs. •

..illCommune People's Committee (CPC):


"..

••

--;

• appoint members working in village resettlement team and team leader to work in ORC's task forces • sign compensation documents ofPAP' s • receive operation fund allocated by OPC. • PAP's information and consultation, PAP's meeting arrangement -

6.2 Responsibilities of resettlement committees- Provincial Resettlement Committee (PRg responsibilities:

In all provinces resettlement Committees for the Water Resources Project have already been established.

• coordinating, scheduling, supervising and monitoring RAP activities in respective provinces. • drafting compensation rates (to be applied to PAP's in province). • hold regular meetings to assess progress and modifY activities whenever needed. • prepare professional training schedule for project affected adults including, particularly in-home

manufacturing programme for women.

District Resettlement Committee fiRC) responsibilities:

• carrying out OMS, document and complete survey sheets for compensation (land, property, trees and crop lost) for all affected families.

• carrying out replacement cost survey to ensure that project rates for all categories of loss will be equivalent to replacement cost at current market values.-. • check and sign compensation documents before forwarding them to RC.

.... • data base management ofPAP's, calculation ofcompensation entitlement • apply to OPC for land use right certificates for relocated families. • training resettlement in villages. ., • scheduling resettlement activities and reporting regularly (monthly, bi-monthly) progress and issues

pending to PRC.

Commune Resettlement Committee (CRg responsibilities:

• arrange meetings with PAP's to consult and communicate policies of compensation and compensation rates ofPPC's.

• working with ORC in OMS and documentation.

7. MONITORING AND SUPERVISION-7.1 Internal Monitoring for the Subproject-- Implementation of the RPF will be regularly supervised and monitored by the PMU 10 and the

Provincial Project Management Units (PPMUs) responsible for implementation of the investment • activities that involve land acquisition and/or resources access restriction. The findings and

recommendations will be recorded in the project file for possible review by the World Bank. The- Central Office Project (CPO) will supervise and monitor the process at least one time per year and include the results in the Project annual reports and to be furnished to the World Bank. Internal --

• 47Mekong Delta Water Resources Management for Rural Development

-

• •

".. •

monitoring aims to: Iii

a. ensure payment of compensation to project affected people are provided based on the type of losses and categories of impacts

b. ensure resettlement activities are conducted according to the compensation policies as per agreed RAP for each subproject areas.

c. detennine if the required transition, income restoration measures and relocation assistance are provided on time. •..

d. assess if income source recovery supports have been provided and propose remedial measures if objectives of restoring income of households have not been met.

e. disseminate infonnation and procedures openly .." f. detennine if complaint procedures are followed and if there are pending· issues that require

management attention.

g. give priority to displaced persons' concerns and needs, specially the poor and vulnerable households

h. ensure transition between relocation or site clearing and commencement of civil works is smooth and ".. that sites are not handed over for civil works until displaced persons have been satisfactorily compensated, assisted and relocated.

The Project staff (CPO and PMU 10) in close consultation with local government and PAPs will estab]ish a set of practical monitoring indicators in line with the technical guidelines (Annex 5 ofRPF).

• RAP updating:

This RAP must be updated after the DMS and SA are completed. Updating RAP aims to make sure exact scope of impacts at household level are reflected in the updated RAP and that all relevant data pertaining to all households affected by the subproject are entered properly to enable calculation of entitlements (as per RPF) at household and subproject levels. Updated RAP must be submitted to the "IIWorld Bank for clearance before compensation payment could be proceeded.

When updating RAP, the RAP outline provided in Annex 7 must be used. Data related to resettlement and I compensation must be entered using electronic templates provided (see sample in Annex 7 of RPF)

• Capacity Building: Training will be provided to PPM Us and their consultants on how to use project's templates for RAP updating and for management of data related to compensation.

7.2 External Monitoring of PAPs

Investment activities with a full RAP will be subjected to external monitoring by appropriate agency and/or an independent qualified consultant. The external monitoring agency or consultant should be hired under tenns of reference that specify frequency of monitoring, sampling and interviewing methods, and

Mekong Delta Water Resources Management for Rural Development 48 "II ,"

_________""'AJ..... .• ______ _s.........._,_"_________''''Jt_IIII!.IIOIIIUI!1III'_!11!1____________, , ... , i'ti""'--,

reporting requirements. Monitoring reports will be maintained by the CPO and made available to the MARD and the World Bank's supervision team.

.... The external monitoring will address specific issues such as the following:

(i) Public consultation and awareness of resettlement policy and entitlements;

(ii) Documentation of impacts and payments (DMS forms, compensation documents,) as per agreed RAP;

(iii) Coordination of resettlement activities with construction schedule;

(iv) Land acquisition and transfer procedures; - (v) Construction/rebuilding of replacement houses and structures on residual land or to new relocation sites;

(vi) Level of satisfaction of PAPs with the provisions and implementation of the RAPs;

(vii) Grievance redress mechanism (documentation, process, resolution);

(viii) Effectiveness, impact and sustainability of entitlements and rehabilitation measures and the need for further improvement, as required in the sustainable restoration of livelihood

•• of PAPs;

(ix) Gender impacts and strategy;

(x) Capacity of PAPs to restore/re-establish livelihoods and living standards. Special attention provided or to be provided to severely affected and vulnerable households;

(xi) Resettlement impacts caused during construction activities; ... (xii) Participation of PAP in RAP planning, updating and implementation;

(xiii) Institutional capacity, internal monitoring and reporting; and

(xiv) Channeling of government funds for payment of land, non-land assets; allowances to the displaced persons .

.... Monitoring of RP implementation will be based on desk review and field visits, meetings with various ministries and local officials, and displaced persons. Separate meetings will be held with women and vulnerable households.

-'I 7.2.2 The co-ordination ofPPMU, PRe with EMA

The PPMU and PRC support the work ofthe EMA in the following ways: - (i) Collect baseline socio-economic data from PAPs during the DMS; and, make all DMS data, .. official PAP lists and other relevant data available to the EMA .

(ii) . Assist the EMA, as required, during follow-up socio-economic surveys and consultations with -PAPs.-

(i) Accommodate the EMA to participate in, monitor and receive relevant information about- resettlement activities --• 49Mekong Delta Water Resources Management for Rural Development

--

•.. '"I

8. COST ESTIMATES AND BUDGET • iii

8.1 Source of Resettlement Funds

All land acquisition, compensation and resettlement costs of the subproject are taken from provin<;ial counterpart funds of Soc Trang province (Government budget). ' ".. 8.2 Compensation with replacement costs •IiCompensation rates will be established in each project province in accordance with replacement cost based on market prices. The rates are set up based on replacement cost survey and methods to upd~te rates as required when market prices change. The rates will be approved by PPC to apply in its territqry. ICompensation rates will be continuously updated to ensure that PAPs receive compensation at " replacement cost at the time of compensation payment.

i •,.Resettlement Consultant conducted replacement unit prices survey in the area of 12 communes affected by the subproject in 5 districts, the survey was conducted in December 2010. Replacement cost study and survey was conducted based on the following basic principles: (i) productive land (agricultural land, fish ponds, gardens, forests) based on market prices reflecting the last sales in the locality and surround~ng .. area; (ii) crops is valued equivalent to market value at the time of compensation, and (iii) perennial trees " and fruit trees are compensated in cash according to market prices by tree kinds, tree diameter, or a value •of output at the time of compensation.; fill Replacement Cost Survey was conducted through (i) study of the average revenue for agricultural industries (income generated from land) in the locality, (ii) interviews and surveys of project affected •IIhouseholds and non-project affected households and (iii) observations and surveys in residential areas. Thereby, replacement unit price is proposed for the.

Currently, regulations on compensation unit price and allowances for land, trees, crops as weill as .." architectural objects, houses in Decision 44/2009/QD-UBND issued by People's Committee of Soc Trang Province are updated by Department of Finance, Department of Natural Resources - Environm~nt, III Department of Construction and local authorities every beginning and middle of a year. Base on result~ of It market price survey, Resettlement Consultant has conducted the comparison result between market priCes and compensation unit prices regulated in documents and policies of the province in 2010, and realized that the market price are equivalent or lower than unit price released by PPC. Prices issued by the province are relatively close to the market prices. "•.. The collected data at site presents, there is very little transfer exchange of agricultural land here, because project area is wide and thinly populated, thus, the demand of production land is marginal. For trees, • crops, survey indicated that the market unit price is equivalent to the unit price regulated by PPC. In the community meeting, local population and PAPs have been consulted on the replacement cost and they were all agreed with proposed price which issued by PPC.

Therefore, based on the survey data, consultation results and unit prices issued by Soc Trang Province JPeople's Committee, including: (i) Decision No 47/2009/QD-UBND dated on 21 December 2009 of Soc Trang PPC on issuing compensation, assistance and resettlement policy as land acquisition in Soc Trang province and (ii) Decision No 49/2009/QD-UBND dated on 25 December 2009 of Soc Trang PPC on


"II. - _________________________... ...._______________mIliII __U ,i\IY<'(Ijoo',"",

--------

issuing Price unit of lands in Soc Trang it is proposed compensation unit price for land, trees, crops, etc. applicable to the subproject is based on the unit price issued by the provincial People's Committee of Soc Trang

Table 26. Compensation price for residential land

unit: vndJ,0001m2

No. Land category

Prices under Decision

47/2009/QDUBND

The current market price

Compensation price proposed

1 Residential land at site 1 500- 820 600-1000 900 2 Residential land at site 2 300-400 400-550 500 3 Residential land at site 3 140-200 200-350 300

Il0l'

Table 27. Compensation prices for productive land

unit: VND J, 0001 m2

No. Land category Prices under Decision

47/2009/QDUBND

The current market price


1 Perennial crop land at site 1 45 80-100 90 2 Perennial crop land at site 2 30 60-80 70 2 Annual crop land at site 1 40-45 80-100 90 3 Annual crop land at site 2 30-35 60-80 70

-.. --- Table 28. Compensation prices for civil works, structures

2 -- unit: VND J, 0001 m

---

-

No. Level/category Prices under Decision

47/2009/QDUBND

Current market price


1 Permanent house 1,100 2,500 2,500 1 Semi-permanent house A Semi-pennanent house with

metal roof, tree wall 900 1,500 1,500

B Metal roofing house ( metal wall)

700 1,200 1,200

C Metal and thatched house (mental wall, thatched roofing)

600 900 900

2 Temporary house 400 600 600 3 Cemented courtyard 70 150 150 4 Fence


.. • ..

Brick fence 50 160 160 5 Drilling well

Drilling well 2,500 5,000 5,000

6 Tomb Constructed tomb 4,500 not available

.. •III

.... Table 29. Compensation unit price for trees, crops, annual crops and perennial crops

unit: vnd 1J OOOlm2

No Kind of tree Size

Compen sation price

Surveyed and

interviewe d prices

Compensa tion price proposed

I Shadowing and timber trees 1 Cong tree Category A

Category B Category C

60 24 9

80 40 15

unit price proposed byPPC

2 Eucalyptus, China tree, acacia Category A Category B Category C

30 18 6

40 30 15


3 Bamboo (mL) Category A Category B Category C

50 30 10

not available


4

I

Gon tree Category A Category B Category C

60 36 12

80 50 20


5 Mu U tree Category A Category B Category C

30 10 2

not available


2 Fruit tree A Mango Category A

Category B Category C

800 480 160

not available


IB Coconut Category A Category B Category C

400 240

80

not available


C Longan

Category A Category B Category C

500 300 100

not available


D Bananas Category A CategoryB CategoryC

40 25 15

not available


E Jackfruit Category A Category B Category C

300 180 60

not available


., II

•.. I

".. .." •..

.... •

Mekong Delta Water Resources Management for Rural Development 52 ..

J

_i

--

F Papaya Category A Category B Category C

100 60 20

not available


G

!

Durian Category A Category B Category C

1,300 780 280

not available


H Rose apple Category A Category B Category C

200 120 40

not available


I Star apple Category A Category B Category C

1,200 720 240

not available


J Areca Category A Category B Category C

120 70 24

not available


3 Food crops (m2

)

A Rice 2 not available


c Soybean, ground nuts 2

Updated replacement Cost Survey (RCS) will be done immediately after the results of Detailed- Measurement Survey is completed. This aims to enable a comparison between proposed compensation tariffs (based on Provincial People's Committee's compensation regulations) and replacement costs (identified through the survey). The comparison aims to identify the differences in compensation tariff - (between provincial rates and replacement cost survey results) and allow adjustment (to reflect replacement cost) and facilitate consultation and consensus among affected population. Prices will be updated to take into account price increase, especially if resettlement implementation is delayed. -Given the small magnitude of impact at household level (based on the nature of project interventions) location of subprojects being in rural area where fluctuation in land prices is limited, the RCS could take -

-the form of collecting information on land trading transactions (primarily at the time of compensation). This information could be collected by interviewing local people residing in the neighborhood of PAP. Sampling should be reasonably sufficient to allow the comparison between proposed provincial compensation rates and replacement costs to achieve consensus from affected households and the Task Team will follow up. - 8.3 Resettlement Costs -.. Table 11 below details the subproject resettlement costs including (i) compensation for land acquired permanently or temporarily, (ii) compensation for structures, architectural objects, houses, crops and trees; (iii) allowances; and (iv) implementation and contingency costs -

Table 30. Compensation and assistance payment ---.. Mekong Delta Water Resources Management for Rural Development

-53

No. Affected items Unit Qty.

Unit price (I,OOOVND)

Cost (I,OOOVND)

I Land 1,808,930

1 Agricultural land m~ 4,220 136,200

2 Garden land m~ 5,765 255,680

3 Aquaculture land m" 627 23,450

4 Residential land m" 3,960 1,393,600

II Structures, architectures 2,830,300

1 Permanent house m" 120 1,100 132,000

2 Semi-permanent house (metal roofing, constructed wall)

m" 1,362 900 1,225,800

3 i

Metal roofing house (metal wall) m~ 772 700 540,400

4 Metal and thatched house m" 1,209 600 725,400

5 Kiosk for both business and shelter purposes

m" 140 400 56,000

6 Temporary, thatched house m" 403 150,700

i III Easement 116,490 1 Permanent kitchen m" 20 140 2,800

2 Temporary kitchen m~ 202 18,060

3 Permanent animal breeding facilities m" 285 42,750

5 Boat protecting house m 2 80 50 4,000

6 Temporary toilet m" 40 80 3,200

8 Cement courtyard m" 124 70 8,680

9 Drilling well set 13 2,500 32,500 15 Brick shrine set 1 4,500 4,500

IV Plant, crops 407,779 1 Annual crop m" 3,600

2 Fruit tree tree 351,443 3 Timber tree tree 52,736

V Public structures 206,000 •

1 Structure restoration cost (Le. concrete electric pole, electric transmission line system, and temporary house for pumping station). Support budget estimation

206,000

VI Support cost 1,059,500

1 Support jor production land loss

Loosing less than 20% agricultural production land or income

m" 660,500

2 Loss oj business

Compensation equivalent to income of 3 months doing business (5.000.000vnd/month for 3 months)

month 15 5,000 75,000

3 Supportjor stabilizing livelihood 324,000

.. • .... ..• It•

•III

•.. •..

..III

.. III ..

Mekong Delta Water Resources Management for Rural Development 54 .. .. 11

.., --

----.. -

I -..

[

[ ----

VII Sub-total (I + II + III + IV + V + VI) 6,428,999

VIII Implementation costs I I Management cost (2% of VII) 128,580

IX Sub-total (VII + VIII) 6,557,579 X Contingency (150/0 0 IX) 983,637

XI Total cost 7,541,216 XII Rounded 7,541,200

Total cost for implementing the RAP of subproject "Constructing bridges on secondary canals in Quan Lo - Phung Hiep area, Soc Trang province" is VND 7,541,200,000 (Seven billion five hundred forty one million and two hundred thousand VN Dong) is equivalent in US$ is US$ 367,863; of which the compensation cost is VND 5,369,499,000 - equivalent to US$ 261,927.

9. IMPLEMENTATONSCHEDULE

The implementation schedule for resettlement activities for the subproject is presented in the following table including (i) activities that have been prepared for the RP; (ii) resettlement implementation activities; and, (iii) external monitoring activities.

Table 31: Implementation Arrangement and Schedule

No.

1

2.1

2.2

2.3

2.4

2.5

Year I (month) v..,, (q"E y."3 (qu,",,:Activities

MI M2 M3 M4 M5 M6 M1 M8 M9 MIl) Mll MI2 QI Q2 Q3 QI Q2 Q3 I

Preparation

World Bank and

~GOV Agreement on Safeguard ~ 1:'•

Implementation

Uploading of

ISafeguard Framework and RAPs and EMDP on World Bank and Government wf;;usitc:; F.stl'lhli~hment of

~relating boards Trainings for

~relating boards and local government in RAP Public Consultation

~and Information Disclosure on RAP DMS and undating

~ ~ RAP

• 55Mekong Delta Water Resources Management for Rural Development

-•

DMS and 2.6 monitoring agency

2.15

2.16

2.17

Contract bidding on construction work Planning and implementing income restoration

income restoration programs and checking situations of severely venerable PAPs

Monitoring and

monitoring in compensation, income restoration

3.2 programs and situations of severely venerable PAPs Uploading monitoring and

3.3 evaluation report on websites of WB and GOY

.." .... .. Mekong Delta Water Resources Management for Rural Development 56 II ..

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Mekong Delta Water Resources Management for Rural Development---57

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ministry of agriculture and rural development...

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