resettlement action plan · 2016. 7. 15. · notes (i) the fiscal year (fy) ... flood control area...
TRANSCRIPT
-.II
.. -• ------
..,1
"""I'
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: WATER RESOURCES FOR AGRICULTURAL AND RURAL
DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
29 March 2011
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
• •
CURRENCY EQUIVALENTS Currency Unit Dong (VND)
VND 1.0 $ 0.00004878048
PAPs
PAHs
DRC/CRC = CPC = CPO
DARD
DMS ::
DOF
DONRE = DPC
EA
FHH = GOV =
HH
EMA = LURC
MARD
MOLISA = NGO
PMU
PPMU :::
PPC
RCS
RPF RAP
WB
$1.00 VND 20,500
ABBREVIATIONS Project Affected person or persons, household, firm or private institution
Project affected households
District/Commune Resettlement Committee
Commune People's Committee
Central Project Office
Department of Agriculture and Rural Development
Detailed Measurement Survey
Department of Finance
Department of Natural Resources and Environment
District People's Committee
Executing Agency
Female-headed household
Government ofViet Nam
Household
Independent Monitoring Organization
Land Use Rights Certificate
Ministry of Agriculture and Rural Development
Ministry of Labour, Invalids and Social Assistance
Non-government Organization
Project Management Unit
Provincial Project Management Unit
Provincial People's Committee
Replacement Cost Study
Resettlement Policy Framework
Resettlement Action Plan
World Bank
NOTES (i) The fiscal year (FY) of the Government of Viet Nam ends on 31 December. FY
before a calendar year denotes the year of which the fiscal year ends, e.g., FY2000 ends on 31 December 2000.
(ii) In this report, "$" refers to US dollars.
.. • .... ••
•• ., l1li1
•.. .,• •" •II
•.. .. Ii .. .. II
.. •• ..lit " Ii
••
--..,
--
---
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.
Cut-off-date - the final day of the detailed measurement survey (DMS) in each subprojects/investments. 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 oftheir 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 definition and the data generated by the census forms the basis for identifying the household unit.
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 tenn 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. •• 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 being further marginalized by the effects of resettlement and specifically include: (i) households headed by women, the elderly or disabled, (ii) households living below the .. poverty threshold, (iii) the landless, and (iv) ethnic groups. ..
•.. ..• ... III
•.. Ii• .,•
II III
..... II
• •II
•III
••
-
7.1 Internal monitoring ................................ ' .............................................................................. 57 7.2 External monitoring ............................................................................................................. 5 8
VIII. BUDGET AND COST ESTIMATION .......................................................................... 59 8.1 Source of resettlement funds ....................................................................................... 59 8.2 Compensation by replacement cost ............................................................................ 59 - 8.3 Compensation cost ...................................................................................................... 63 .., 8.4 Supporting cost and other admininstrative cost .......................................................... 65
- 8.5 Contingency cost and other cost. ................................................................................. 66 8.6 Total budget estimation cost ....................................................................................... 66
.., IX. IMPLEMENT ATON SClIEDULE .................................................................................... 67
--..,
-------
..,
...,
Iii
5 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO... ..'"
• •
• II
• II
EXECUTIVE SUMMARY
II •
• General objective of the subproject:
Upgrade irrigation scheme; protect agricultural production area; strengthen capacity in water •.. resource utilization; solve environment pollution contributing to promote mechanization,
structure's shift of agricultural production and new rural establishment, which make conditions •for socio-economic development and increase people living standard. .. • Land Acquisition Scope and Impact III
The deployment of "Water resources for agricultural and rural development" subproject in • flood control area of Bac Vam Nao in Tan Chau district town and Phu Tan district, An Giang
province will require acquiring land and assets on land of households in the project area. It will
affect on 1,456 households which are living in 20 communes and a town of both Tan Chau and
Phu Tan. Out of that, there are 1,121 households losing their agricultural land, 61 losing garden .." land adjacent to permanent residential land, I losing aquaculture land, and 100 others losing
permanent residential land. There are a total of 118 households having their houses and •architecture affected by project, of which 40 are severely affected and have to relocate in the .. remaining residential land. 6 others also have their shops affected due to running business in
their residential land. There is no number of households losing more than 20% of productive •..land.
• Legal and Policy Framework: •.. The compensation, assistance, and resettlement policies of the subproject are defined on the
basic of regulations and laws of Vietnam Government and WB policy. In case of a gap arising in .. the borrower's and WB policies, regulations, and procedure, WB policies will be adopted in this II subproject consistent with the Decree No. 13112006/NDD-CP, regulated that "discrepancy
between Vietnam's Law and international treaty on ODA to which Vietnam is a signatory, the •.. provision in the international treaty on ODA shall take precedence (Article 2, Sub-article 5).
•• Entitlements of the PAPs: .. Entitlements of the PAPs has been formulated and stated in the RAP (see table 12 on
Entitlement Matrix) equivalent to impacts identified in estimation of loss (EOL) and socio
economic survey. These entitlements will be updated, if required, after finishing DMS and
public consultation with PAPs to ensure all losses will be certainly restored or improved. III
• Information Disclosure, Public Consultation, and Grievance Redress: .. Consultations, public meetings and village discussions with the PAP and local officials were It
carried out during the RAP formulation. The project policy and options of relocation and income .. restoration were discussed in these meetings. PAPs' ideas on related issues are presented in the ..
6 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO ..
." RAP. Grievance Redress mechanism has been designed to ensure that PAPs' complaints and
grievance are addressed and resolved timely and precisely. PAPs will be notified about their III.. entitlement through announcement and written papers during public consultation, survey, and at
the time of compensation payment. Main information presented in the RAP will be informed to
the PAPs before WB approval mission arrival.
• Implementation Arrangements:
Ministry of Agriculture and Rural Development (MARD), the project Investor and the
Central Project Office (CPO) will coordinate for the smooth implementation of this RAP.
MARD will integrate with the PPCs of Can Tho, Hau Giang, and Kien Giang and direct DARDs
of these provinces to ensure compensation, assistance, and resettlement to be strictly followed
this RAP. DRCs of these provinces/districts/cities and PAPs' representative will be organized to
•• supervise compensation process. During implementing, EMA will supervise implementation for
..... compensation and assistance presented in the approved RAP to be strictly done .
• Costs of Compensation, Assistance, and Resettlement:
""'I Total costs of compensation, assistance, and resettlement is of 41,778,000,000 VND
equivalents to 2,037,951 USD. Compensation for land and assets is of 16,699,301,600 VND
equivalent to 814,600 DSD; the remaining will be the cost for life stabilization, income .....
restoration, relocation assistance, and others. Total cost for compensation, assistance, and
resettlement will be recalculated after completion ofDMS in affected areas.
""'I
JII!"",!
1.l1li,
....,
"'.,
...,
.If
•• 7 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
..o.,
II.
• •
• •
• II
••I INTRODUCTION
1.1 Introduction on project and subproject
1.1.1 Introduction on project
Vietnamese Government (is abbreviated to GoV) through the Central Project Offices • (CPO), belongs to Ministry of Agriculture and Rural Development (MARD), is preparing project • "Mekong Delta Water Resources Management for Rural Development", which is funded by • Word Bank (WB) loan. There are 14 priority subprojects proposed, of which 7 subprojects are .. priority implemented in the first year. The project has 4 components: Component A: Assist to •planning and establishing water resource capacity; Component B: Assist to investment of .. infrastructure construction for adaptation with climate change; Component C: Assist to water
supply and rural environment sanitation; and component D: Assist to project implementation and
management.
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. .. Detail objectives: .,
• Maintained/improved agriculturaVaquaculture productivity attributable to improved efficiency and availability of the water for 120,000 hectares; •
• Improve mobility of local people through canal rehabilitation/dredging and investments .. in farm access roads and bridges;
• Reduced risk for the potential damages on the agricultural production resulting from • salinity intrusion
• Improved access to safe potable water for about 80,000 households; "•• Strengthened capacity to monitor water quality (particularly salinity intrusion) and better communication of the monitoring results to varied stakeholders; and •
• More cost effective management of water resources infrastructure • The project is carried out in 7 provinces of Mekong River Delta (MRD) including An •
Giang, Can Tho, Hau Giang, Kien Giang, Ca Mau, Bac Lieu and Soc Trang. • 1.1.2 Description of subproject •
IIIThe subproject "Water resources for agriculture, rural development in flood control area
of Bac Vam Nao, Tan Chau town and An Phu district, An Giang province" is one of the 7 III subprojects will be implemented in the first year. ..
• General objective of the subproject:
8 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO •.. .. •
••
••
.... • 111
Upgrade irrigation scheme; protect agricultural production area; strengthen capacity of ... utilization of water resource; solve environment pollution contributing to promote
mechanization, structure's shift of agricultural production and new rural establishment, which
make conditions for socio-economic development and increase people living standard. "'". • Detail objective of the subproject:
'III,,! Invest to construct civil works in irrigation scheme for serving agricultural production
and rural development in flood control area of Bac Yam Nao, Tiin Chau town and PM
Tiin district, An Giang province, include the works of: dredging canals for irrigation and ..... drainage combining with traffic; upgrading girdle shaped dikes and culverts
Promote initiative irrigation and drainage to develop agricultural production; irrigate silt ..., water and make field hygiene to 33.000 hectares in benefit area of the subproject.
Completely construct internal road system to make more advantage for traffic and
transportation of agricultural machines, agricultural products, fertilizer and other
materials.
Make conditions for rural mechanization and electrification.
Establish rural road system on existing girdle shaped dikes to connect residential areas
with main road lines . .."" ..' Establish sample irrigation model, which is the base for making experience to expand the
II., model to whole province.
The main activities of the subproject are: dredging canals for irrigation and drainage
combining with traffic, upgrade girdle shaped dikes and culverts in 21 communes, wards ...., ofTan Phu district and Tan Chau town, An Giang province.
Table 1: List of civil work
....,
..Ii
...,
..,
Commune and District Dredging canals for irrigation and drainage
combining witb traffic (m)
Upgrading girdle sbaped dikes (m)
Upgrading culverts
Pbli Tan district 72,295 50,128 U8
• Binh Th~nh Dong commune 6,600 10,325 15
PM Urn commune 0 5,677 4
PM Hung commune 1,500 8,696 9
PM Th~nh commune 5,000 4,800 12
Ph6 Th9 commune 5,500 5,066 5
PM My town 1,700 0 1
9 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO..I
.., liliiii
• •
• •
• •
• •
Commune and District Dredging canals for irrigation and drainage
combining with traffic (m)
Upgrading girdle shaped dikes (m)
Upgrading culverts
Tan Hoa commune 3,350 0 6
Phil Binh commune 4,725 1,800 7
Phil Long commune 2,536 0 I
Hi~p Xuong commune 12,535 11,301 1?
Long Hoa commune 3,350 0
/'Phil Xuan commune 5,520 0 v
Phil Hi~p commune 5,000 0 2
Phil Thanh commune 3,200 0
9Phil An commune 3,530 2,463
Hoa LI;lC commune 8,249 0 8
ChQ' Yam town 0 0 3
Tan Chau town 0 7,695 14
Le Chanh commune 0 2,100 3
Long Phu ward 0 5,595 5
Phil Vlnh commune 0 0 2
Long Son ward 0 0 4
Total 72,295 57.823 132
(Source: Provincial management Unit for agriculture and rural development project ofAn Giang)
1.2 Measures needed for mitigating negative impacts
To mitigate impacts of land acquisition and resettlement, many efforts have been
conducted in period of subproject proposal and basic design. The components, which need to
acquire land of the subproject, are: Dredging canals for irrigation and drainage combining with
traffic, Upgrading girdle shaped dikes and upgrading culverts 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:
The civil works of dredging canals for irrigation and drainage combining with traffic
waterway. upgrading girdle shaped dikes and upgrading culverts require acquiring permanently
land for expanding both widths ofthe canals. dikes and culverts.
+ Dredging canals for irrigation and drainage combining with traffic: The dredging
10 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENTIN FLOOD CONTROL AREA OF BAC VAM NAO
..• •• .... II
•
•.. •• •• ..• •• ....
" • •til .. • .. iii .. ..
---..
activities will be based on existing canals and existing roads, but they need expanding for
meeting requirements of irrigation, drainage and traffic. The expansion needs to acquire
permanently residential, garden, agricultural and other lands of the households and this
will affect on some local public assets. However, the most of acquired land are
agricultural land .
'...., --+ Upgrading girdle shaped dikes: The activity includes upgrading roads on the dikes for the
existing roads have many sections with narrow width, which need to expand to meet rural
road standards1 • This expansion needs to permanently acquire some areas of agricultural
land, residential land, garden and other land as well as to affect to some public assets in
the subproject area.
- + The upgrading culverts are implemented mostly on existing culverts by reinforcing and
-paving the surfaces of two ends of the culverts. The works will temporarily affect to
household's land, structures and trees with small quantity. The main affected assets are
only fruit trees and auxiliary structures.
- - The subproject will temporarily acquire some land area for storing construction materials,
machines and other impacts would happen when in construction works were deployed.
..-; 1.3 Negative subprojed impads
1.3.1 Estimation of loss
Estimation of loss (EOL) has been carried out based on basic technical design and
temporary demarcation for collecting data on the types and amounts of land, which are acquired
permanently and temporarily by the subproject. The procedures for implementation of the EOL
..... are carried out as follow:
-1. The preparation of EOL began in October, 20 10. The Resettlement Committees of Phu
Tan district and Tan Chilu town in coordination with local authorities of 20
communes/wards/towns affected by subproject and with design consultants, based on
basic design, have demarcated temporary boundaries of subproject civil works and
identified affected households due to land acquisition of the subproject.
ii. In the beginning ofNovember, 2010, the EOL team including resettlement consultants of
National Institute for Agricultural Planning and Projection (NIAPP) have cooperated
with workgroups of local authorities of 20 communes/wards/towns affected by subproject
to carry out inventory land and assets would be acquired by the sub-project. Each
workgroup consists of 1 Commune/ward/town Deputy Chairman, 1 land management
- officer, 1 judiciary officer, 1 agricultural management officer, all leaders ofvillages.
- I Width ofroad bed is 5- 6 meters, width ofroad surface is 3.5 meters with bituminous or concrete surface treatment)
11 WATER RESOURaS FOR AGRIWLTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
• • • •
•.. .... 1.3.2 Summary of subproject impacts
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 IT will work closely with provincial PMUs and their •consultants to support them in doing RCS and updating/preparing RAPs properly.
•..
Results ofEOL has showed that there are a total 1,456 households (with 6,886 people) being
affected by the project in term of land acquisition and site clearance, of which component
work of dredging canal for irrigation and drainage combining with rural traffic road would • affect 1,231 households (5,901 people); component work of upgrading girdle shaped dikes • affecting 127 households (554 people) and component of upgrading culverts affecting 98 .. households (431 people). Total acquired land is 269,452 m2
, of which, permanently acquired •2
•• land area is 211,523 m , temporarily acquired land area is 57,929 m2 (acquired land of
dredging canals for irrigation and drainage combining with rural traffic road is 51,040 m2 ;
upgrading girdle shaped dikes is 4,201 m2 and upgrading culverts is 2,688 m2). ..The structures will be cleared including 3,544 m2 of different house styles of 122 households
(of which, work component of dredging canals for irrigation and drainage combining with • 2traffic is 1,465 m2 of 43 households; Upgrading girdle shaped dikes is 1,221 m of 51
households and upgrading culverts is 858 m2 of 28 households) and 278 m2 of auxiliary •It houses (of which, work component of dredging canals for irrigation and drainage combining
with traffic is 186 m2; Upgrading girdle shaped dikes is : 62 m2 and upgrading culverts is 30 "..2m ). In addition there are 4 m3 water tank, 498 m2 cemented yard, 60 m2 fence made of iron
net B40 and 10 small shrines made of brick. • Total number of affected trees is 15,712 of which fruit trees are 2,958; timber trees and fruit • trees are 12,754.
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 of compensation.
Losses of land, structures, crops and trees, which will be acquired, are presented in below ..table: •
12 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO •.. .. •
....
.. Table 2: Summary ofloss
-----
"""!
-
No Asset items Unit
Total PhD Tin district Tan Cbb town
Dredging canals for irrigation
and drainage
combining with
traffic
Upgrading girdle
shaped dikes
Upgrading culverts
Dredging canals for irrigation
and drainage
combining with
traffic
Upgrading girdle shaped dikes
Upgrading culverts
Dredging canals for irrigation
and drainage
combining with
traffic
Upgrading girdle shaped dikes
Upgrading culverts
IA
Total affected households
HH 1,231 127 98 1141 114 82 90 13 16
B Land
I Residential land
m2 2,080 135 340 1,330 135 340 750 0 0
Number of HH HH 89 4 7 22 4 7 67 0 0
2 Garden m2 2.240 80 1.020 2.150 80 980 90 0 40
Number of HH HH 41 1 19 37 1 18 4 0 1
3 Agricultural land
m2 193.583 9.080 2.665 190.005 9.080 1.465 3.578 0 1.200
Number of HH HH 1.070 24 27 1.048 24 15 22 0 12
4 Aquaculture land
m2 300 0 0 300 0 0 0 0 0
Number of HH HH I 0 0 I 0 0 0 0 0
C Structures, houses
1 House grade IV type IVd
m2 220 190 180 220 190 180 0 0 0
Number of HH HH 7 6 4 7 6 4 0 0 0
2
Temporary house grade less than IV type A
m2 260 66 50 260 66 50 0 0 0
i
Number of HH HH 4 3 2 4 3 2 0 0 0
3
Temporary house grade less than IV TypeB
m2 462 375 54 462 232 0 0 143 54
Number oj HH HH 16 25 2 16 19 0 0 6 2
13 1WATER RESOURCES FOR AGRICULTURAl AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
-
..II .. Total Phii Tin district Tan ChOu town
Dredging Dredging Dredging canals for canals for canals for
No Asset items Unit irrigation Upgrading irrigation Upgrading irrigation Upgrading
and girdle Upgrading and girdle Upgrading and girdle Upgrading drainage shaped culverts drainage shaped culverts drainage shaped culverts
combining dikes combining dikes combining dikes with with with
traffic traffic traffic
4 Thatched
m 2 523 590 574 507 435 542 16 155 32huts
Number of HH 16 17 20 15 12 18 1 5 2
lIlI
5 Kitchen m2 80 0 0 80 0 0 0 0 0
~ 100 58 30 100 0 30 0 58 0
6 4 0 6 4 0 0 0 0III
8
9
10
11
D
1
2
3
E
Water tank m3 0 4 0 0 4 0 0 0
Cement m2 0 478 20 0 478 20 0 0
yard
B40 Iron m 2 60 0 0 60 0 0 0 0
net Fence
Shrines number 7 3 0 7 3 0 0 0
Crops
Annual m 2 191.748 0 0 191.748 0 0 0 0
crops
Fruit trees Tree 1.999 297 662 1.999 272 620 0 25
Timber Tree 11.211 212 1.331 11.211 192 1.331 0 20
trees
Business HH 4 I I 4 1 I 0 0loss
1.3.3 Affected land
Acquired land areas, used for subproject implementation, include residential land, garden
land, agricultural land and aquaculture land ...
- Total permanently acquired land is 211.523 m2 (of which, dredging canals for irrigation and
drainage combining with traffic acquires 198.203 m2 ; upgrading girdle shaped dikes acquires
9.295 m2 and upgrading culverts acquires 4.025 m2), type of permanently acquired land include:
0
0
0
0
0
42
0
0
• ..• " It
•II •• .... .. II .. U
"It "..
..II
+ Residential land: 2.555 m2 .. 2+ Garden land: 3.340 m at
+ Agricultural land: 205.328 m2 .. + Aquaculture land: 300 m2
• .. 14 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO "III ..
Ii
••
.. ....
-
--
The data show that most of the affected land are productive land, next is garden land, and
residential land only account for a small ratio. Productive land, permanently acquired, including
agricultural, garden and aquaculture land are due to dredging canal activities. The activities of
upgrading girdle shaped dikes and culverts are affected to small part of permanently residential
land oflocal households only.
II..
- Table 3: Permanently acquired land in subproject area
Aquacultureij,.,J' Total Residential land Garden Agricultural land
Subproject land
area Number Area Number Area Number Area Number Number Area- ofHH (m1) ofHH (m2
) ofHH (m2) ofHH ofHH (m2
)
I~ Total 1,283 211,523 100 61 3,340
Dredging ..." canals/or
1IItd, Irrigation and drainage 1,201 198,203 89 2,080 41 2,240 1,070 193,583 1 300
- combining traffic - Upgrading girdle shaped 29 9,295 4 135 1 80 24 9,080 0 0 dikes
"'"" Upgrading culverts 53 3,985 7 340 19 1,020 27 2,665 0 0
/rd' Phd Tiln district
1,177 205,865 33 1,805 56 3,210 1,087 200,550 1 300 ""'I'
... Dredging canals/or
1""1
irrigation and drainage
1108 193,785 22 1,330 37 2,150 1,048 190,005 0 300
combining
1liioi trafflC
Upgrading ""'t girdle shaped 29 8,295 4 135 1 80 24 9,080 0 0
. dikes
Upgrading culverts 40 2,785 7 340 18 980 15 1,465 0 0
... Binh Th{lllh
iii Bong commune
116 11,140 0 0 7 360 109 10,780 0 0
PhU Um...,. 1I0 19,250 5 260 5 760 100 18,230 0 commune
.,I PhUHlIng 58 13,303 4 135 0 0 54 13,168 0
commune
til"! PhU ThlUlh 189 21,373 0 0 27 1,050 162 20,323 0 0 commune
111/, PhU Thl)
48 2,485 2 110 30 45 2,345 0 0 commune
""'" Phil My town 24 8,530 0 0 0 0 24 8,530 0 0
T§nH6a 40 16,405 0 0 0 0 40 16,405 0 0
commune ... WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO.- 15
..., ..
300
0
0
.... .. PhU Binh commune
161 21,564 14 930 50 146 20,584 0 0 II
PhULong commune
44 7,020 0 0 0 0 44 7,020 0 0 II
II Hi~p Xu<mg commune
LongHoa commune
49
19
16,960
1,914
2 110
20
100
50
46
17
16,750
1,844
0
0
0
0 ".-Phu XU8n
68 22,050 0 0 2 170 66 21,880 0 0 commune .. Phu Hi~p
48 9,660 0 0 80 46 9,280 300 II commune
Phu Thanh coomune
25 9,180 0 0 0 0 25 9,180 0 0 II
PhUAn commune
HoaL\lc commune
40
138
5,820
19,211
0
5
0
240 9
60
500
39
124
5,760
18,471
0
0
0
0
Ii .. y
Tlin Chliu town
106 5,658 67 750 5 130 34 4,778 0 0 .. Dredging canals/or II irrigation and drainage combining traffic
93 4,418 67 750 4 90 22 3,578 0 0 n..
Upgrading girdle shaped 0 0 0 0 0 0 0 0 0 0 IIdikes
Upgrading III 13 1,200 0 0 1 40 12 1,200 0 0
culverts
Le Chanh 93 4,418 67 750 4 90 22 3,578 0 0 commune " ..
LongPhU 7 700 0 0 0 0 7 700 0 0 commune
nPhu Vinh 40 0 0 40 0 0 0 0 commune U
Long S<m 5 500 0 0 0 0 5 500 0 0ward ..
d- Total temporarily acquired land area is 57,929 m2, of which types of acquired land include:
+ Residential land: 2,921 m2 II .. + Garden land: 2,080 m2 ..+ Agricultural land: 52,928 m2
at Temporarily acquired land are used for constructing camps resided by workers in
construction time, storing materials and machines, making storages to keep equipments. Some .. attemporarily acquired land are used for creating dumps to temporarily keep earth and waste
materials in construction before earth heap are razed or waste materials are transported to n landfill. II
Temporarily acquired land is not compensated with replacement cost as permanently WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO16 -..
" "
--- acquired land, but the affected households will be entitled to:
i. Restore the previous state of temporarily acquired land as before subproject
implementation (e.g. the cost for razing land surface; cost for clearing disposal
- materials, waste lubricating oil; cost for cleaning etc.)
ii. Compensate for productive loss (if the land are agricultural land for growing annual
crops) due to in the time of temporary acquisition, the area will not be used for
production, the compensation value equals average production of the annual crop (the
average production is appraised by appropriate authorities and is specified to use for
compensation), which is frequently grown on the land, multiply with average growing
seasons (in the duration the land is temporarily acquired) multiply with market price
.- of harvested products of the crop .
Table 4: Number of affected households and temporarily acquired land
AquacultureTotal Residential land Garden Agricultural land - land
Subproject area Number Area Number Area Number Area Number Area Number Area
ofHH (m2) ofHH (m2) ofHH (m2) ofHH (m2
) ofHH (m2)-Total 855 57,929 67 2,921 28 2,080 760 52,928 0
Dredging canals/or irrigation and drainage
736 51,040 7 745 7 530 722 49,765 0 0
combining trafflc
""I' Upgrading girdie shaped 83 4,201 50 1,286 6 440 27 2,475 0 0 dikes
,.., Upgrading 36 2,688 10 890 15 1,110 11 688 0 0culverts
PhD Tin 838 56,769 67 2,921 24 1,900 747 51,948 0 0district- Dredging canals/or i"igation and 723 50,060 7 745 7 530 709 48,785 o odrainage combining trafflc
Upgrading girdie shaped 83 4,201 50 1,286 6 440 27 2,475 o o dikes
Upgrading 32 2,508 10 890 11+ 930 11 688 o oculverts
Binh ThiUlh 81 4,670 7 50 5 300 75 4,320 o o
Dong commune
PM Lilm 42 2,585 5 125 o o 41 2,460 o o - commune
PM Hung 81 5,631 o 1,306 5 480 38 3,845 o o
commune
PM ThiUlh 61 4,518 17 o o o 61 4,518 o o
17 WATER RESOURCES FOR AGRIOJLTURAl AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
--
0
.."
"..commune
Phil ThQ 46 1,855 o 420 6 340 23 1,095 o o commune
Phu town 14 1,030 o o o 14 1,030 o o .. " TiinHoa
34 3,090 60 o o 33 3,030 o o commune
" PMBlnh 115 6,910 600 o o 114 6,850 o o commune II
PM Long 34 2,060 o 900 o o 34 2,060 o o ..commune
Hi~pXuang Ii53 3,860 8 o 3 280 42 2,680 o o commune
LongHoa ..II15 700 o o o o 15 700 o o commune
PM Xuiin 49 4,800 o o o o 49 4,800 o o commune
PhUHi~p 38 2,540 o o o o 38 2,540 o o commune It"
PhuThanh 29 2,840 o o 5 500 24 2,340 o o coomune ..II PhUAn 35 2,460 o o o o 35 2,460 o o commune
HoaL\lc 111 7,220 o o o o 111 7,220 o o commune ,
Tin Chiu .." 17 1,160 o o 4 180 13 980 o otown
Dredging canals/or irrigation and 13 980 o o o o 13 980 o o ".. drainage combining traffic
Upgrading girdle shaped o o o o o o o o o o dikes .. Upgrading
4 180 o o 4 180 o o o oculverts U UChanh
13 980 o o o o 13 980 o o commune It LongPhU ..2 110 o o 2 110 o o o o commune
PhU Vinh o o o o o o o o o o commune " Long San ward 2 70 o o 2 70 o o o o d ..1.3.4 Affected houses
IITemporary and permanent acquiring land for implementing subproject will impact to
structures of local households.
The structures locate on residential land in the area of work's component for upgrading
dike's surface, which will expand narrow sections to meet the technical requirement; for .. upgrading culverts, it requires areas for constructing and storing materials ... The structures will .. be cleared are houses in all types, auxiliary constructions and other structures. ..18 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
II
.
--The type of cleared houses include: House on stilts, which has height from earth surface
to basic floor 1 - 3 meters, it has asynchronous construction with stilts made of precast concrete,
it's girders made of concrete poured in-site, it's walls made of wood, it's floor made of concrete
and wood slabs, the type of house uses normal materials hence it is classified in grade IV type
IVd (the type of house is affected 590 m2) ; Grade IV house with full made, which has
asynchronous construction, it has brick wall foundation, brick pillars, earth foundation, wood's
walls alternating with iron sheets or nipa leaves, iron sheet roof, hence the type of house is
classified in temporary house under grade IV type A (which is affected 376 m2) ; Grade IV
house, which has wood pillars, wood girders, leaf walls, leaves roof, hence the house is classified
in temporary house under grade IV type B, that has affected area is 891 m 2 ; Thatched huts made
ofleaves have affected area is 1,687m2•
Table 5: Number of bouseholds and affected house area under type of bouse
Temporary Temporary...., House grade IV house underSubproject area Total house under Thatched huts
type IV d grade IV type grade IV type B A
HH HH HH HH HH..... Total 118 3,544 17 590 13 376 43 891 53 1,687
Dredging canals for irrigation and drainage 39 1,465 7 220 8 260 16 462 16 523"... combining traffic
Upgrading girdie shaped 51 1,221 6 190 3 66 25 375 17 590dikes
Upgrading culverts 28 858 180 2 50 2 54 20 574
Phu Tin district 102 17 590 5 346 35 694 45 1,484
Dredging canals for ...., irrigation and drainage 38 1,449 7 220 8 260 16 462 15 507 combining trajJic
Upgrading dike suI/ace 40 923 6 190 3 66 19 232 12 435
Upgrading culverts 24 772 180 2 50 o o 18 542
Binh Th;mh Dong commune 20 o o o o o o 20
Phil Lam commune 7 205 o o o o 7 205 o o Phu Hung commune 17 426 4 80 3 66 o o 10 280
Phil Th;mh commune 17 530 6 160 8 260 3 110 o o Phil ThQ commune 13 367 2 90 o o 7 157 4 120
Phil My town 2 40 o o o o o o 2 40
Tan Hoa commune o o o o o o o o o o PM Binh commune 40 o o o o o o 40
Phil Long commune 9 234 o o o o 6 147 3
Hiep Xl1(mg commune 7 334 5 260 o o o o 2
Long Hoa commune 40 o o o o o o 40 .. PM Xuan commune 4 250 o o o o o o 4 250
PM Hiep commune 8 313 o o o o 30 7 283
19 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
87
74
.. .. ,.
.. IITemporary TemporaryHouse grade IV house underSubproject area Total house under Thatched huts
type IV d grade IV type grade IV type BA ..
HH HH HH HH HH
Phil Thanh coomune 10 223 o o o o 45 9 178
Phil An commune 0 o o o o o o o o o Hoa Llilc commune 5 122 o o 2 50 o o 3 72
Tin Chllu town 16 400 o o o o 8 197 8 203
Dredging canals for irrigation and drainage 1 16 o o o o o o 1 16 combining traffic ..
11 298 o o o o 6 143 S 155 It culverts 4 86 o o o o 2 S4 2 32
U Chanb commune 0 o o o o o o o o o Long Phil commune 14 350 o o o o 7 167 7 183 .." Phil Vinh commune 30 o o o o 30 o o Long S(YIl ward 20 o o o o o o 20
II" The auxiliary constructions include: kitchen (80 m2
), breeding facilities (188 m2), other
auxiliary constructions (10 m2) and some kinds of structures such as water tanks (4m3
), and
cement yards (498 m2), B40 iron net fence (60 m2
), and brick shrines (10 shrines). These U" auxiliary constructions are affected by activities of dike surface solidification.
Table 6: Affected auxiliary construction area
Auxiliary construction (m2) Other structures
" Iron ItCement netSubproject area Breeding Temporary
Total Kitchen yard B40 Shrinefacilities toilet
(m2) fence
(m])
Total 278 80 188 10 4 498 60 10
Dredging canals for WI irrigation and drainage 186 80 100 6 o o 60 7 IIcombining traffic
Upgrading girdle shaped 62 o 58 4 4 478 o 3 Qdikes
UmrratJrinll culverts 30 o 30 o o 20 o o .. PhD Tan district 220 80 130 10 4 498 60 10 .. Dredging canals for irrigation and drainage 186 80 100 6 o o 60 7 .. combining traffic
Upgrading dike sUrface 4 o o 4 4 478 o 3
UDI,rra~rjnll culverts 30 o 30 o o 20 o o Blnh Th~ D6ng commune 0 o o o o o o o Phu Urn commune 110 40 70 o o o o lit
Phu HllIlg commune 4 o o 4 o 378 o • 20 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO •II
••
7
3
-.. ~..., .. -.."
--Subproject area
Phil Th<U1h commune
Total
6
Auxiliary construction (m2)
Breeding TemporaryKitchen
facilities toilet
0 0 6
Water tank (m3
)
0
Other structures
Iron Cement net
yard B40 (m2
) fence (~)
0 0
Shrine
0 Phil ThQ commune 0 0 0 0 4 100 60
...." Phil My town 40 40 0 0 0 0 0 0
...,. nn Hoa commune 0 0 0 0 0 0 0 0
. Phil Binh commune 0 0 0 0 0 0 0 0 Phil Long commune 0 0 0 0 0 0 0 0
liW' Hiep Xuoog commune 30 0 30 0 0 0 0 0 .- Long Hila commune 30 0 30 0 0 20 0 0
Phil Xuil.n commune 0 0 0 0 0 0 0 0iIIIIl Phil Hiep commune 0 0 0 0 0 0 0 0.- PM Th8nh coornune 0 0 0 0 0 0 0 0
1IioI' Phil An commune 0 0 0 0 0 0 0
H6a LlIC commune 0 0 0 0 0 0 0 0 ""'I
Tin Chiu town 58 0 58 0 0 0 0 0 1W Dredging canals for
Irrigation and drainage 0 0 0 0 0 0 0 0 ~ combining traffic
..J, Upgrading dike sUrface 58 0 58 0 0 0 0 0
Upgrading culverts 0 0 0 0 0 0 0 0 !lOll\' Le Ch8nh commune 0 0 0 0 0 0 0 0
111/: Long PM commune 58 0 58 0 0 0 0 0
PM VInh commune 0 0 0 0 0 0 0 0 ""'" Long Soo ward 0 0 0 0 0 0 0 filii:
1.3.5 Affected crops and trees !lOll\'
.-, The clearance of crops and trees on permanently and temporarily acquired land is
conducted in the works of dredging canals for irrigation and drainage combining with traffic, ., upgrading girdle shaped dikes and upgrading culverts in all affected communes of subproject
.Ii area. Cleared crops include: perennial crops with number of fruit trees is 2,958 which consist of
...,. jackfruit, banana, mango, star apple and many other types of fruit are grown in garden and
Timber and other trees such as melaleuca, eucalyptus, bamboo etc. with number of the trees is ~ 12,754; Annual crops include paddy rice 191,098 m2
, com: 450 m2 and bean 200 m2•
""'f For perennial crops, the clearance will be permanently lost affected trees; hence the .J,
affected trees are compensated in accordance of compensation and resettlement policy presented ....,
in Resettlement Framework of the project. For annual crops, the assistance with equivalent value .J is calculated base on average production of the annual crop appraised by appropriate authorities
., and is specified to use for compensation, which is frequently grown on the land, multiply with I WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO21III
.. ""'I
0
0
II
..• .. ..
average growing seasons in the duration the land is temporarily acquired mUltiply with market
price of harvested products of the crops. •• Table 7: Quantity of acquired crops and trees ..
, +,
Annual crops (m2)Fruit tree Timber tree
Subproject area (tree) (tree) Paddy rice Corn Bean .. Total 2,958 12,754 191,098 450 200 Ii Dredging canals for irrigation drainage combining traffic
Upgrading girdle shaped dikes
Upgrading culverts
and 1,999
297
662
11,211
212
1,331
181,778
8,520
800
450
0
0
200
0
0
.. •
Phil TAn district
Dredging canals for irrigation drainage combining traffic
and
2,891
1,999
12,734
11,211
186,108
177,988
450
450
200
200
lit.. Upgrading dike sUrface
Upgrading culverts
272
620
192
1,331
7,820
300
0
0
0
0
II
• Binh Th;mh DOng commune
Phil Uim commune
Phil Hung commune
Phil Th;mh commune
Phil ThQ commune
181
654
154
458
275
749
1,054
870
1,165
5,694
14,390
8,510
10,280
13,840
3,040
0
0
0
0
0
0
0
0
0
0
.. • .. ..
PhllM9 town 24 350 7,150 0 0
nn Hoa commune 151 454 17,225 450 200 ".. Phu Binh commune 3 0 13,537 0 0
Phil Long commune 140 175 7,370 0 0 •..Hie.> Xucrng commune 581 1,915 19,430 0 0
Long Hoa commune II 2 2,544 0 0 II PM Xuiin commune 0 0 26,680 0 0 .. PM Hie.> commune 0 0 7,220 0 0 ..Phil Thanh coomune 192 266 7,820 0 0 ..Phu An commune 0 21 7,160 0 0
Hoa Lac commune 67 67 19,912 0 0 • Tin Chau town 67 20 4,990 0 0 • Dredging canals for Irrlgadon and 0 0 3,790 0 0drainage combining traffic
Upgrading dike surface 25 20 700 0 0 •II
culverts 42 0 500 0 0
• liltLe Chanh commune 0 0 3,790 0 0
Long Phil commune 25 20 700 0 0 .. WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN flOOD CONTROL AREA OF BAC VAM NAO22 ..
•..
--., - Subproject area Fruit tree
(tree) Timber tree
(tree)
Annual crops (m2)
Paddy rice Com Bean
Phil Vinh commune 2 0 0 0 0
Long Son ward 40 0 500 0 0
1.3.6 Relocation due to land's acquisition and resettlement -There are no households losing all houses or other structures on land or none of households will
.... lose most part of their house and other auxiliary construction, which lead the households have to
relocate to other site.
The following alternatives will be applied for relocation:
Relocate in their remain land: After residential land has been acquired, the remain ..... residential land is still enough to build new house and other easements; in the case, the
household will be compensated to rebuild new house and other easements, which have
equivalent area and type with old ones, in remain residential land. Beside, the
household will receive compensation for acquired residentialland area and be assisted
an allowance for removal household. But there is none of households in the case
Relocate in remain garden land: The case appears when all residential land is
acquired, but remain garden land area is still enough to rebuild new house and - easements, the affected people agree to relocate in their garden land. In the case, the
conversion from garden land (productive land) to residential land is free of all fees or
taxes. Household will be compensated a expense to rebuild new house and other
easements, which have equivalent area and type with old ones, in conversed residential
land. Beside, the household will receive compensation for acquired residential land
area and be assisted an allowance for removal household. There is none of households
in the case. - Relocate to other site for resettlement: In the case all residential and garden lands are
acquired, the household cannot relocate on-site, but they have to remove to other site
for resettlement. The household will be compensated to buy new residential land and -rebuild new house with easements, which are equivalent old one, or they are moved to
resettlement site, which is established by project. The household will be assisted an ..."
allowance for removal household and allowance for restoring income and stabilizing
their life. There is none ofhouseholds in the case.
1.3.7 Impact on business and income
The subproject implementation will impact to livelihood activities of PAPs, such as shop
of PAPs is acquired or the shop locates contiguously with civil work's components, the PAPs
will not operate business activities in the sub-project implementation time; in addition, civil
work's operation can obstruct traffic, business transaction or goods exchange etc. These 23 WATER RESOURCES FOR AGRICULTURAl AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
• •
'II'
• III
•impediments are potential to lose business, productive and lead to lose income of the local
people in subproject area. .... The clearance of shops in subproject area directly affects to livelihood activities. Number
of shops will be cleared is 6 shops (the shops are used for living and to selling goods); of which, • component of dredging canals for irrigation and drainage combining traffic will affect 4 shops ; .. upgrading girdle shaped dikes will affect 1 shop and upgrading culverts will affect 1 shop. In the
Ittcase the clearance activity causes the business deadlock ofthe shops, then the owner of the shops
will receive cash to compensate for the cleared part of the shop (in accordance policy for •compensation to cleared house) and they will receive assistance allowance for the lost business • in duration the shops could not operate. The allowance equals shop's income in the time the shop • is stagnated under the allowance level which will be issued in accordance negotiation between
GoV and WB. "•Although 6 affected shops mention above lose only a part, but their business are affected.
•.,
The households, who have the shops, will receive compensation cash and they will assist the
allowance equivalent shop income in three months with allowance for each month is 5,000,000
VND. ....1.3.8 Severely affected person by land and asset acquisition
According to Resettlement Frame Work of the project, severely affected persons are
PAPs who (i) lost 20% or more productive land and/or assets generate income by land and .." asset's acquisition and/or (ii) relocate due to house is acquired.
The results of EOL shows that, in the sub-project area the number of households who
lose 20% or more productive land is non (none of households are in the case); number of
•III
households lose assets generate income is non (none of households is in the case) ; none of
households will be relocated
Hence, total severely affected households are 0 households. •.. 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: lit•
- Go V policies on resettlement and compensation
- WB policies on involuntary resettlement OP 4.12 •.. - RPF of the project
24 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVElOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO •• • II
.. --
•
--
- Decisions of An Giang PPC on resettlement and compensation policies applied in An Giang
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 of the subproject.
II RESULTS OF SOCIO-ECONOMIC ASSESSMENT
2.1 Socio-economic survey
The socioeconomic survey (SES) was conducted to collect information from affected PAPs,
disaggregated by gender and ethnicity. 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, and to be used for resettlement monitoring. The scope of data to be collected
includes:
- Household head: name, sex, age, livelihood or occupation, income, education and
ethnicity;
- Household members: number, livelihood or occupation, school age children and school
attendance, and literacy, disaggregated by gender;
- Living conditions: access to water, sanitation and energy for cooking and lighting;
ownership ofdurable goods; and
- Access to basic services and facilities.
2.2 Sex and ages of household heads
Among total 1,456 affected households, there are 1,121 household's heads are male and
335 household's heads are female, of which 6 female household's heads are single-handed, 12
female household's heads divorced, live with children and parents. Below table shows the age
and sex of household's head. The table shows that, there are 14.6% of household heads with age
is 56 or more. The household heads are paid attention because they are the ones who generate
main income for the family and decide business and production activities of the family. The
below table shows that many household's heads are over working age (156 persons). Therefore
they cannot take part in training courses and for income restoration and economic development.
So this group of household should be paid more attention during resettlement and income
restoration process.
Table 8: Affected household's profiles
25 WATER RESOURCES FOR AGRICULTURAL AND RURAl DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
--
• •
• •
• •
Age groups Male is
household head (HH)
Female is household head (HH)
Total (HH)
Ratio (%)
From 18 to 101 27 128 8,8
From 31 to 864 251 76,6
From 56 to 70 136 52 188 12,9
More than 71 20 5 25 1,7
Total 1,121 335 1,456 100,0
2.3 Household size
Total affected people are 6,735 (1,456 households). Most of the households have 5 - 7
members and the households occupy large ratio (49.2% over total affected households), second
rank is the households with 4 persons or less, which have similar ratio with households have 5
7 members. These are the main population characteristic of both district and town in project area
of Mekong River Delta. There are only 1.7% households with more than 7 persons in 25 affected
households, which live in Phu Tan district.
The house hold's head with age form 18-55 count for relatively high rate (85.4%). These
are members who generate most income of the family. So they will be target group in income
restoration program or vocational training for job switching.
Table 9: Number of households and ratio by household size
Number of person
Total With 4 persons or less
5 -7 persons More than 7
persons
in family HH Rate % HH Rate % HH
Rate %
HH Rate
%
Total 1,456 100.0 715 49.1 716 49.2 25 1.7
PM Tan district 1,337 91.8 637 47.6 677 50.6 23 1.7
Tan Chau town 119 8.2 78 65.5 39 32.8 2 1.7
2.4 Education level of household head
Education level of affected household's heads have been surveyed in subproject area and
presented in below table.
(i) Most of affected household heads have primary school level (844 persons) accounting for 26 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
.. • .,• •.. .... •.. •II
.." " II
•.. •I)
•II .... .... .." .. III
--- occupy 58%; 509 households (35%) having secondary school level and only 95
households (6.5%) - high school level, which accounts for a relatively low rate. There are
not any household heads having higher level than high school.
(ii) The rate of illiteracy is 0.5% or 8 households, who totally are old people (with age over
70).
Table 10: Education level of affected household's heads
-~.I'
"""
-
I Illiteracy Primary school Secondary High school
I Education level
Quantity % Quantity % Quantity % Quantity %
Total 8 0.5 844 58.0 509 35.0 95 6.5
PM Tan district 8 0.6 779 58.3 459 34.3 91 6.8
Tan CMu town 0 0.0 65 54.6 50 42.0 4 3.4
The households which household's heads are female have education level lower than
average education level of affected households. The situation is presented in below table, which
reflects current situation of education for affected female-headed households. Among total 335
female-headed households, the rate of household heads going to primary school and completing
primary school is 72.2% (242 persons); secondary school is 24.2% (81 persons) and high school
is 3.3% (11 persons). Number of illiteracy rate is quite low, only 1 person.
The reason is that: in the one hand, all households have financial difficulty so most of the
girls in the family have to stay home to help their parent instead of going to school; on the other
hand, the awareness of local people on woman's education is still limited, of which conception
"value ofmen is higher over women" is dominant among local community.
Table 11: Education level of affected female headed household
......'
...,. Education level
Illiteracy Primary school Secondary High school
Quantity % Quantity % Quantity % Quantity %
Total 1 0.3 242 72.2 81 24.2 11 3.3
Phil Tan district 1 0.3 220 72.1 73 23.9 11 3.6
Tiin Chllu town 0 0.0 22 73.3 8 26.7 o I 0.0
.., 2.5 Land use right and ownership of assets on land
.J Among 1,456 affected households, there are 1,283 households (88.1 %) will be acquired
27 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
• •
• •
•• .. •land. Most of the acquired land is agricultural land, and next is garden land. In general, almost all
of the affected households have land use right certificates for their land areas. Out of 1,283 ..III households, there are only 145 households not having land use right certificate (accounting
11.3%). The reasons of lacking land use right certificate included the land had been sold but did
not transferred land use right to new owners; the land had not enough conditions to get land use •Ii
right certificate etc. The remaining households are under process of applying for certificate.
Table 12: Land Ownership Status of affected households
Districts
Kind of land ownership
TotalNot yet land use right
certificate Have land use right
certificate book
On going to make procedure for getting land use certificate
Total 145 1,036 102 1,283
PbU Tan district 142 944 91 1177
Tan CMu town 3 92 11 106
2.6 Income of affected household
•.. Unit: Household
•.
•" .... •" ••
Average income of affected households is 50 million VND/year or around 4.1 million ... VND/month. The table below shows monthly income level of affected household. The group of II households have income from 3 - 5 million VND/month accounting for highest number, 44.2% ,.over total affected households. The remaining are the households with income level from 1
million VND/month to under 3 million VND/month. The number of households has income of 5 • million VND/month or more are 57 households, accounting for 13.2%. Households with income
less than 1 million VND/month are the poor and/or female headed households. However, the
type ofhouseholds account for a small rate (only 3.7%).
Table 13: Income level of households
Total Number of Number ofMonthly Income level (1.000 ..number of Rate % household in Ph.. households inVND) households Tin district Tin Chiu town •
16 3.7< 1,000 13 3 • 17.71,000 - 2,000 76 76 0 til
91 21.22,000 - 3,000 86 5 ..III 190 44.23000 - 5 000 166 24 •
50 11.65,000 - 10 000 47 3
28 WATER RESOURCES fOR AGRICULTURAL AND RURAL DEVELOPMENT IN fLOOD CONTROL AREA OF BAC VAM NAO ••
----
Monthly Income level (I,OOO VND)
Total number of households
Rate % Number of
household in Phu Tin district
Number of households in
Tin Chiu town
> 10,000 7 1.6 7 0
Total 430 100.0 395 35- 2.7 Main occupation of atTected households
The main occupations of all affected households are presented in the table below:
,.., Table 14: Main occupation ofatTected household heads
Main occupation
Agriculture Hired labour State officers Business Non-
agriculture occupations
Others
Affect edHH
% over total
Affe cted HH
% over total
Affect ed HH
% over total
Affec ted HH
% over total
Affe cted HH
% over total
Affec ted HH
% over
. total
Total 1,366 93.S 58 4.0 2 0.1 27 1.9 2 0.1 1 0.1
Phil Tan district 1,268 94.8 40 3.0 1 0.1 25 1.9 2 0.1 1 0.1
Tan Chii.u town 98 82.4 18 15.1 1 0.8 2 1.7 0 0.0 0 0.0
-
-• ---.. -..
(i) The main occupation and main income source of affected households are agriculture,
which focus on crop cultivation (3 crops of paddy rice per year), beside, these households
raise animal husbandry and poultry, grow fruit trees and of trees for wood in small area
(such as eucalyptus, acacia .... ). Some households have main income sources from other
occupations, such as business, hired labour and non-farm activities. Particularly, there is
no household having income from working for government offices.
(ii) There are 1,366 affected households having income from agriculture accounting for
93.8% .The remaining has income either from hired labour job or other jobs like
business, non-farm.
Similarly with all affected households in subproject area, the female headed households
also get main income from agriculture. In summary, there are 319 female headed
household gaining incomes from agriculture, which accounts for 95.2%.
Table 15: Main occupation of household-headed female
Main source income
Total
Agriculture
Affected HH
319
%
95.2
Hired labour
Affected HH
10
%
3.0
State officers
Affec ted HH
5
%
1.5
Business Non-agriculture
occupations
Affect edHH
% Affec
ted HH
%
0 0.0 1 0.3
29 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
..l1li
lilt.. Non-agricultureBusinessAgriculture I Hired labour State officers occupations
Main source •income Affec Affec ..Affected Affected Affect
% ted % ted %% %HH HH edHHHH HH
PM Tiin district 96.1 6 2.0 1.6 0 I 0.3293 5 0.0 •til
Tiin eMu town 0 0.013.3 0.0 0 0 0.026 • 2.8 Labor division by sex of affected households • .,
According to ~ocio-economic survey, both male and female labors of affected households
do agricultural and non-agricultural works. However, females have to do lots of house works • such as cooking, tidying up their house, washing clothes. Among 1,456 affected households,
there are 335 female headed households and there are many reasons that make woman become .."" head of household, such as divorce, widow, etc. Many of them are main labor in the family due .,to their children are still under working age and/or other remaining members are over working
age. Most of these heads (16 persons) are living in Phu Tan district. Therefore the assistance to • vulnerable groups including these female headed households needs paying high attention to
ensure that the households will not become by the subproject. •" Table 16: The work division by sex •
Unit: % • Works Both Male Female
Alrriculture 73 IS 12
Work in garden '-'7 17 14
Work for livestock 76 13 11
Srnall business 64 12 24
Hired labor 21 72 7 •
Cooking for family 26 13 61 I
Tidying up 18 11 71 •
Washing clothes 24 12 64
Meeting participation 76 r---u-Training course's participation 34 48 18
Participating in local organizations 18 48 34
Decision making 34 45 21
.." •.. .." .... .... ....
2.9 Vulnerable households 30 WATER RESOURas FOR AGRICULJURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC YAM NAD •.. .. ..
--
----
-.'
.....
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 (vi) ethnic minorities. As specified in RPF, they are entitled to additional assistance to help them restore living and socioeconomic 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. 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 IT will work closely with provincial 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 analyzed and presented in updated RAPs by agencies updating/preparing RAPs with the support from the IT. 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 impacts (as per RPF, EMPF, and local regulations).
There are 27 vulnerable households, of which 9 are poor households, 16 households including 2
female headed households and 2 are Cham ethnic minority. These households have entitlement
of assistance allowance under the compensation and assistance policy of GoV and involuntary
resettlement policy ofWB (detail data are presented in below table).
Among 27 vulnerable households, there are no households losing 20% or more productive land.
Most ofthem are temporarily affected on land, trees and crops.
Table 17: Number of vulnerable households
Unit: household
31 IWATER RESOURCES FOR AGRICULTURAl AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
Poor Household-headed single-handed female with family
members to feed
Etbnic minority household
Total 9 16 2
PM Tan district 8 15 2
.'
• •
• •
I Tan CMu town ° 2.10 Expectation on compensation and resettlement
All affected households were asked for compensation options for lost land. There are only 1.3%
affected households 19 households) want to choose land for land instead of cash.
Many other affected households (1,080 households, accounting for 74.2%) expect to
receive compensation in cash for the lost land because the lost area is very small in comparison
with the total they are owning. Hence, the loss will not affect on their production. They also
think that cash compensation is most easy and quickest as they can use it in many ways for
generating income.
However, still 375 other affected households (24.5%) not have decided yet. Findings
from the survey show that there is no agricultural land bank available for "land for land" case.
Table 18: The rate of selection compensation option
Option Number ofseleded household
Rate %
Land fot land compensation 19 1.3
Compensated in cash 1,080 74.2
Not yet decided 375 24.5
Total 1,456 100.0
Among 122 households, who have affected house, there will be 100 households losing residential land, of which 12 households will lose residential land and be affected to house. These households are living in following communes: Phu Lam: 2 households, Phu Hung: 2 households, Phu Tho: 2 households, Phu Binh: 1 household, Hiep Xuong: 2 households, Long Hoa: 1 household and Hoa Lac: 1 household. However, these households do not require relocating because their remaining land area is large enough to rebuild houses. Some other households will just be slightly affected on the house and can remain their daily activity as usual. In general, they all want to get compensation in cash to self relocate because they either have enough land to build house or have other house to live outside subproject area).
Table 19: The rate for selecting resettlement option
Option Rate %
Compensation in cash and self-resettlement with the reason of::
99.7
Having other house in outside 0/subproject area
Having residential land/or rebuilding house
Gettinf( cash to buy residential land
12.2
84.6
3.2
Relocate to resettlement area made by subproject 0.3
32 WATER RESOURCES fOR AGRIOJLTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
.. • .. III .. • ..• •.. till
It
•If
..• •II
"• .." .. Ii
" •
'" •
•.. ••
-
- Total 100.0
--.
For income restoration alternatives, almost affected households want to get compensation in cash on time, e.g. immediately after completion of detailed measurement survey (OMS). The affected households want so because they can restore their livelihood soon. The other aspirations of the affected households for income restoration are that: accessing credit loan for production activities (21.7%); taking part in vocational training (14.6%) and agricultural extension training (13.3%) .
The expectation on income restoration from the survey and comments from public consultation meetings will help the project have plans for income restoration program in order to ensure livelihood restoration activities for affected households.
Table 20: Rate of alternatives for income restoration
....
.....,
...,' 1iIl,
I Option Rate(%)
Compensation on time 39.8
! Vocational training 14.6
Credit loan 21.7
Getting breeding animals and seed 5.8
Assistance ofagricultural extension 13.3
Getting cash and self decision 4.8
,..,. Table below presents the options of affected households on plan to use compensation.
The table shows that, the first choice of the affected households is to use compensation to construct or repair their house (32.1 %). The reason is that most of existing houses are temporary house (made from leaves), hence with compensation money the affected households can upgrade their house and then purchase new furniture.
Some households want to save compensation in the bank (16.7% over total affected households); some others will use the money for health care or education.
..,' Due to in Mekong River Delta, farmer household often own rather large land area, hence the option of using compensation money to buy productive land is selected by very small number of affected households, with a rate of only 1.4% .
...,. Table 21: Plan of using compensation money
...,.
-Options Rate (%)
I Construct or repair house 32.1
Purchase productive land 1.4
Purchase furniture 24.9
Invest to small business 6.3
33 WATER RESOURCES FOR AGRICULTURAl AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
• •
Save money to bank 16.7
Spend to education 8.9
Spend to health care 9.7
To restore lost income, some options include: opening shop for small business corresponding with household's capacity ; seeking new job which is appropriate with household's condition; creating handicraft occupation; creating new place for business and others will be selected by affected households. The first option (open shop) having biggest number of affected households selected with rate 41.5%; the second option (seek new job) has selection rate of 40.5% affected households; the third option (handicraft occupation) has only 14.6%; and the fourth ones is a very small rate.
It is noticed that although many affected households will lose permanently productive land but very little number of them want to purchase land for production (merely 0.4%). The main reason is that the lost land is accounting for a small area and the remaining land is still large enough to produce. Hence the loss does not impact much on their agriculture production activities.
Table 22: Options for income replacement of affected households
Option Rate 0/0
Purchase new productive land 0.4
Create new place for business 1.3
Open shop for small business 41.5
Create handicraft occupation 14.6
Seek new job 40.5
Others 1.7
III. POLICY FRAMEWORK AND ENTITLEMENTS
3.1 Policy framework
A Resettlement Policy Framework has been adopted that guides resettlement planning and implementation for all subprojects 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 policy applied for this RAP is based on the laws and regulations of the Government of Viet Nam (GOV) and the Involuntary Resettlement Policy of WB which integrated in RPF of the project.
The Constitution of the Socialist Republic of Viet N am (1992) confirms the right of citizens to own and protect the ownership of a house. In addition, the Government has enacted a number of
34 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
• III
-•
•.. •I!II
•• .." .." •.,
.." II" "•
•..
-
--
.....,.
.....
. -''1)
------
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 22/CP dated 24 April 1998 which previously provided the primary basis for compensation and resettlement activities .
• Decree 198 ofthe Government on charging fees on land use.
• 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 181 and 197 above.
• Decree 84/2007IND-CP, on 25th May 2007 on supplementary regulations on granting land use certificate, orders and procedures for compensation, assistance and resettlement when the State acquires land and settling complaints on land.
• Circular 06/2007/TI-BTNMT, dated IS June 2007, of the Ministry of Natural Resources and Environment guidelines to executing Decree 84 of the Government.
• Decree 123/2007IND-CP, dated 27 July 2007, relating to amendment and additions to Decree 188/20041ND-CP above.
• Circular 145/2007/TI-BTC, dated 6 December 2007, of the Ministry of Finance guidelines to executing Decree 123 of the Government and replacing Circular 144 of MOF on guidance of executing Decree I 88/2004IND-CP .
• Decree 69/2009IND-CP, dated 13 August 2009, regulating additional planning of land use, land prices, land acquisition, compensation, assistance and resettlement.
• Circular 1412009/TT-TNMT, dated 16 November 2009, of the Ministry of Natural Resources and Environment providing guidelines on executing Decree 69 of the Government and replacing Circular I 16/2004/TI-BTC, of the Ministry of Finance guiding on executing Decree 19712004 of the Government.
• Decree 7912003IND-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/QHli on compensation and relocation of people affected by ground clearance for investment projects, Decree 16/2005-ND-CP on the implementation of the Construction Law, Decree 182/20041ND-CP on penalties for administrative violations in land issues, Decree 198/20041ND-CP on land use fees, Decree No. 12/20091ND-CP dated 12/2/2009 on the management of construction investment projects, Decree No. 13112006IND-CP, on the management and use of Official Development Assistance (ODA), and Decree No.70 that stipulates that all documents registering family assets and land
35 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
--
• •
.. • •..
use rights must be in the names of both husband and wife. Decisions ofproject provinces relating to compensation and resettlement in provincial territory will be also applied for each relevant ..project province.
• Laws, decrees and decisions relevant to public disclosure of information include Land Law, No. 13/2003/QHll, 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 II respectively.
Decrees relevant to protection and preservation of cultural property include Decree No. 186/2004IND-CP requiring that sites currently recognized for cultural and historical preservation and that are situated within the boundaries of waterway safety corridors, should be kept intact according to current legal regulations. •• The Central Project Office of MARD through its Environment and Resettlement Division is responsible for ensuring effective implementation of the RPF in close consultation with other line agencies and the provinces.
With the promulgation of Decree 69/2009IND-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, An Giang province released legal documents to guide utilization of Gov's regulations on land acquisition, compensation and resettlement in An Giang territory. The following Decisions promulgated regulations for compensation, assistant and • resettlement when Go V acquire land on the territory of An Giang province: ..
• Decision 2512010/QD -UBND dated 29 April 2010 of An Giang PPC promulgated regulation for compensation, assistance and resettlement when the Government acquire "litland on An Giang territory.
• Decision 57/2009/QD -UBND dated 21 December 2009 of An Giang PPC promulgated .. the unit price of categories of land on An Giang territory. •• Decision 149112005/QD -UBND dated 23 May 2005 of An Giang PPC promulgated the list of compensation price for planted tree and raised animal when State acquires land on II An Giang territory; II
• Decision 19/2008/QD-UBND dated 11 June 2008 of An Giang PPC promulgated unit price for construction of house, civil work and architecture on An Giang territory. ••(ii) World Bank Policy on Involuntary Resettlement (OP/BP 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 II 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 II '" to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal ofproposed projects.
36 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAD • II
•..
-
- For preparation and implementation of activities involving land acquisition, compensation, relocation, and restriction of resources uses, the policies require close consultation ofthe 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 infonnation disclosure, monitoring and evaluation, and ensuring adequate budget and capacity of the agencies. The main objectives and principles of the 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 PAp2; (iii)
replacement ofresidential 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. -
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.
....,. t) The compensation and rehabilitation activities will be satisfactorily completed before awarding ofcontract of civil works under each subproject
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 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 ofa project subcomponent. The impact that go beyond the threshold ofyoluntary donation,
---. a separate and standalone RAP (or abbreviated ones) will be prepared to fully comply with the Op 4.12.
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. 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 roductivi as the revious land.
37 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO---
• !lit
(iii) Key Differences between Government and WB Policy III
There is basic difference between Viet Nam's laws and the World Bank's Involuntary III Resettlement Policy especially with regard to the entitlement of PAPs with legal and illegal rights/titles.
II•
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
•!If
--liassistance. 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,
•IIincluding measures to address the differences, are outlined in Table below.
Table 23. Key differences between WB Involuntary Resettlement Policy and Viet Nam's
Article 11, Decree 69: The compensation rates for land shall be determined by the PPC in accordance with the Government regulations for the type of land which has been used for at the time of land acquisition. If land compensation price is lower than actual transfer price at normal market conditions in locality, PPC is responsible for determining the land compensation price which is suitable to the actual
Article 18, 20 in Decree 197: Houses and structures on non-eligible-forcompensation 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
cost. Articles 26 and item 2 of article 28 in Decree 197:
legislation
Land compensation should be based on replacement cost at current market values. A replacement cost survey should be conducted at the time of land acquisition.
All affected houses and structures, irrespective of land tenure status, should be compensated at the full replacement cost.
All affected businesses are for assistance
I ..II
At the time of land acquisition implementation, District Resettlement Committees carry out replacement cost survey to ..ensure that compensation rates for all categories of loss will be III equivalent to replacement cost at current market values.
III" •*' .. i
Houses and other structures on land that were constructed prior to "•the cut-off date will be compensated at 100% of .. replacement cost of the new it houses and structures without any • deductions for depreciation of salvageable materials " •
•All affected businesses are eligible ..for assistance ..
38 WATER RESOURCES FOR AGRICULTURAl AND RURAL DEVELOPMENT IN ROOD CONTROL AREA OF BAC VAM NAO III
..III
-
-Only registered businesses are e for assistance 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..
No provision for external External monitoring of the monitoring. resettlement process by an
independent and qualified institution is
For households whose livelihoods are land-based, when land acquired is less than 20% of the total productive area, 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% of their productive assets are lost, and there is no physical relocation.
+ 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
Provision will be made for the independent external monitoring of the resettlement and income restoration n1'l"l'p'l~
3.2 The principles for land acquisition and resettlement -In general, the Land Law 2003 and Decree I97/2004IND-CP, Decree 17/2006IND-CP on amendment of some provisions guiding implementation of the Land Law 2003 and Decree 197, - Decree 84/2007IND-CP on orders and procedures of compensation implementation, and Decree 69/2009/ND-CP providing additional guidelines on land use, compensation, support and resettlement satisfy the most principles and objectives of the World Bank's Policy on- Involuntary Resettlement. To ensure a fair compensation and 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 ofVietnam for the RPF of the project MDWRMRDP. In this regard the following principles and objectives would be applied for the subproject as well:
a. Acquisition of land and other assets will be minimized as much as possible; resettlement of more than 25,000 households will not be allowed unless WB prior clearance is provided. -b. A full RAP will be prepared for subproject with more than 200 PAPs based on the outline - in Annex 2 of the RPF. For number of PAPs less than 200 people, an abbreviated Resettlement Action Plan could be prepared following the outline in Annex 2 of the 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 - 39 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVelOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO.. -
.. • .. Iiito 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
• IIIPAP from entitlement/compensation to such rehabilitation measures.
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 PAp3
; (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.
f. The compensation and rehabilitation activities will be satisfactorily completed before
•IIJ
awarding of contract of civil works under each subproject.
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 fund in the Project. •.. h. Institutional arrangements are in place to ensure effective and timely design, planning, consultation and implementation ofthe compensation program. III
i. Land acquisition, compensation and relocation of PAPs cannot commence until the RAP • has been reviewed and approved by the World Bank. Commencement of civil works may commence in sections where there are no resettlement impacts. All civil works will be .. coordinated with resettlement activities. The World Bank will not allow construction .. activities in specific sites until all resettlement activities have been satisfactorily completed, agreed rehabilitation assistance is in place, and the site is free of all encumbrances. .." j. 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 in all aspects of the development and implementation of .. the gender strategy, to ensure that these measures are adequately implemented.
h) At the beginning of the project implementation, Grievance Redress Committees will be IIestablished from villages to provincial levels built on the existing structures consisting of "
concerned departments, mass organizations, women and ethnic representatives
3.3 Compensation and entitlements
•Eligibility: All PAPs who are identified in the project-impacted areas on the cut-off date of the ..subproject will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date will be the final day of the detailed measurement survey (DMS) in each subprojects/investments. Those who encroach into
" Ii 3 "Agricultural land for land of equal producti ve capacity" means that the land provided as compensation should be able to roduce the same or better ield the PAP was roducin on hislher revious land. •.. ....
-
- the investment area after the cut-off date will not be entitled to compensation or any other assistance.
--
Entitlements: Based on the types of impacts, category of PAPs, and their entitlements the subproject 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 determining actual impacts, and replacement cost surveys will be carried out to determine actual replacement costs and rates to update this RAP and in the entitlement matrix below.
3.4 Entitlement matrix
-, -, --------- Residential
Land-
Table 24. Entitlement matrix
land, land, land, aquaculture land)
For marginal loss (less than 20%) of land: cash compensation at replacement cost which is equivalent to the current lila..""., I
value of land within the of similar type, category productive capacity, free from transaction costs administration • For loss of 20 % or more remaining the total productive land: not economically as a priority, a replacement at the request of nearby with equal the Project will capacity acceptable to the the entire the renrlailrlin,gl would be provided with land land. The size or land use certificate witho entire land holding will any fees, OR cash compensation be the basis for providing at replacement cost in replacement land or cash replacement land is unavailable; compensation and AND entitlement to relevant allowances. rehabilitation and allowance package as defined below
affected PAPs. Owners Compensation for land DRC should work with LURC replacement cost if no disDutelCPC to identifY the origin
and no violation with of the affected land and planning. the starting point of • If not meet conditions use. compensation, PPC considers support.
Users with. With remaining land. PAPs may voluntarily LURC, or in the sufficient to rebuild donate portion of
houses/structures: residential land to the
41 WATER RESOURCES FOR AGRlaJLTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
•
;
cannot
land area; and (iii) there houses, structures
on
specific.
User legal or rights to use land
Temporary Use Legal user of Land occupant
compensation at replacement project. However, cost which is equivalent to the voluntary donation current market value of land minor strips of residential similar type and category, and land will only be allowed free from transaction costs by the Project when the (taxes, administration fees) and following criteria are (ii) cash for improvement strictly complied with: (0 remaining residential land the PAP's total filling and leveling) so PAPs residential land area is move back and build house not less than 300 m2
remaining plot. the strip of land that • Without remaining land be donated sufficient to more than 5% of the houses/structures: (i) Replacement are no compensation in or fixed assets sites or in commune, affected portion of same area, type and (iii) the without charge for infrastructure is registration and land location or site with land title or land If the location cannot certificate, OR (ii) changed OP 4.12 will compensation at apply cost which is equivalent to current market value of land similar type and category, from transaction costs ( administration fees) allowance for leveling
land. • Compensation for DRCs in land through either replacc~m!~ntl with CPCs land or cash payment will be eligibility replacement cost, however compensation dispute and no violation announced planning, no compensation for land only support for losses.
identify of land
otherwise
• If PAPs have no other residence, PPC considers tol allocate residential land and! rehabilitation and allowance.
For for PAP.
agricultural and The construction residential land to be used supervision temporarily by the project, (i) and IMO will ensure cash compensation but the (i) not be less than the alignment of the
will 42 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
• II
•II .... •" II " .." •II
.."
•Ii
•• lIP II
•" •.. •II
".. .. •.. III
location
••
--
---...
-.. .. ..
----..
be generated by the have the least adverse during the period of social impacts; (ii) use of the land; (ii) cash the landowner compensation at replacement adequately informed cost for affected fixed assets hislher rights and (e.g., structures, trees, crpps); entitlements as per the and (iii) restoration of the investment project temporarily used land within 1 resettlement policy; and month after completion (iii) agreement reached construction between the landowner
and the civil works contractor are carried out. Environmental Management Plan will """'"r"1T" the
Totally Owners Cash compensation Houses/Shops, affected houses replacement cost for the and whether or Houses/Shops, structure with Structures land is owned deduction for depreciation of (kitchen, structure or bins) or materials; and rehabilitation partially allowance package for PAP affected but defined below for longer viable affected PAPs, (will housing rent during relocation) of new house.
Partially Owners • Cash compensation Affected affected houses replacement cost for the uU'""'''''.'''''1 Houses/Shops whether or not part and cost for repairing the and land is owned remaining part .
remaining is viable
are no
Reparation cost negotiated with PAP DRC
Loss business
Owners of regardless whether or they register
• Cash cOlmpem;atllonl The number of days
repair affected (without relocation)
Crops Trees
and Owner of and trees
equivalent to the average business disruption daily income rate multiplied rate will be the number of days of through interviews disruption. informal shop owners
get an estimate of net profit.
Provide customer acc'!;::):)I
to the business and to mitigate and avoid or closure.
If standing annual crops are DRC should inform and cannot be PAPs at least 3
43 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO--
• •
• •
age and diameter at breast height (DBH)
removal
costs excavation, relocation, reburial,
land
harvested, cash compensation before land acquisition market price equivalent to the highest· production of crop the last three years mUltiplied by the current market value ofcrops
owned
• For perennial crops trees, cash compensation current market value based on type, age, and productive capacity. • For timber trees, cash compensation at current value based on type,
oftrees Pennanent loss Villagers • Compensation of physical village replacement cost based cultural households present value for the resources/ structures/facilities public reconstruction, reinstallation, structures/ required by the owner. village collective
Compensation to in the affected Graves Owners of graves
graves will be paid directly areas PAPs, including
purchasing/obtaining
compensation for cost to Compensation Poles Companies Electricity Electricity
dismantle, transfer and rebuild to Decision 2512010/QDVBND (article 30) promulgated by An
PPC. Support Eligible affected Payment acquired households
Additional to compensation for provided for
agricultural having acquired cost, acquired land at replacement
one time at the time land compensation payment. agricultural land households will be provided a
located within cash allowance, equal to from rural resident 20% to 50% of averageor urban area residential land cost in the
project area but supported area is not exceed 5 times ofquota of residential land in locality.
relocation of graves and all other! reasonable costs in accordance· with local rituals.
44 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
.."
.."
....
., II
.." •II
".. .... I •III
III II
"•
" I
-...
-------.., ... -•
-.. .. .. ---•
PPC will decide specific support levels to apply for its territory.
Eligible affected Beside of compensation for Payment households acquired agricultural land, provided directly cultivate affected households are provided one time at the time on the acquired one oftwo below options: compensation payment. a~icultural land _occupation change/job creation an allowance in cash equal to 2
times of affected agricultural area value if the affected land is located in city or town of the province and 1.5 times with areas in the district but not exceed quota of land allocation in locality. The allowance will be calculated based on Article 1, Decision 25/2010/QD-UBND of An Giang PPC;
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 them, a free training course will be provided based on their needs.
Support Beside of compensation at Payment should be garden acquired garden replacement cost for affected provided for households and pond land, pond in the land, affected households will be one time at the time of
same residential supported by cash, equal to 50% compensation payment. land plot with ofresidential land if located in houses thereon city or town and 40% of located but not in commune (Decision 25/2010considered as QD-UBND). The land price will residential land be calculated based on Land
Price Regulations promulgated by PPC. The allowance does not allow exceeding the price of aforementioned land price.
Transition Relocating Relocating PAPs will be subsistence with cash orhouseholds
45 WATER RESOURCES FOR AGRICULTURAL AND RURAL D£VELOPMENTIN FLOOD CONTROL AREA OF BAC VAM NAO
., .. I!I Ii
relocating on assistance equivalent to residual land or to kilogram (kg) of rice at current other sites market value for 6 months
household member Severely affected PAPs directly cultivating PAPs losing 20% affected land and losing: •.. or more of productive land/income
• From 20% to 50% of productive land/income will provided with cash or : assistance equivalent to 30 kg rice at current market value for months per household member •.. no relocation, 12 months relocation, and 24 months relocation to sites with socioeconomic conditions. • From more than 50% to of their productive will be provided with cash or I kind assistance equivalent to 3 kg of rice at current value for 9 months .." household member if relocation, 18 months relocation, and 24 months II " relocation to sites with harsh socioeconomic conditions • From more than 70% of Zproductive land/income will provided with cash or assistance equivalent to 30 kg ....rice at current market value
Businesses households with nonregistered business
12 months per household member if no relocation, 24 months if relocation, and 36 I months if relocation to sites.
Structure totally Cash assistance for loss of Affected businesses will affected and income based on the minimum be notified 2 months in I must be wage in the respective province advance to relocate relocated OR for the duration that the and/or rebuild new. partially affected business/income-generation structures, so as to be and must be activity is disrupted. able to continue to rebuilt. • operate businesses while
Cash compeQsation for affected resettling. structures at replacement costs.
"it II..46 WATER RESOURCES fOR AGRICULTURAL AND RURAL DEVELOPMENT IN fLOOD CONTROL AREA Of BAC VAM NAO
•..
--
i ........",'i-"'I Severely be
participate
make all reasonable efforts to .~,.-.;.. severely affected and vulnerable
labor
implementation.
---
Incentive bonus
Registered business
.... owners
---
Transportation- allowance
--
on
Housing rent
--
PAPs-.. ----• --
Structure totally affected and must 'be relocated OR partially affected and must be rebuilt.
Relocating households to other sites
Support for renting house The support should be households Relocating
construction of new house, for 6 provided at the time months per household. PPC compensation. decides the rent but not less VND 600,000 per month in and one million in urban area.
affected. An additional allowance The poor households will vulnerable PAPs 30kg of rice per person in those meeting the such as the non-poor household. poverty criteria as set by household (based. An additional allowance MOLISA identified at the on MOLISA 30kg of rice per person for of OMS criteria), less than 3 years and lower households 10 years in the headed by household. women, the. Eligible to elderly, disabled, income restoration program landless, and poor • The contractors will ethnic groups
PAPs as hired construction
Relocating • Cash bonus up to a maximum Payment to be made households of VND 5,000,000 directly to households
household for immediately upon households that dismantle removal. structures from affected land in
Cash assistance for loss of income equal to 30% of taxable revenues of one year. Average annual taxable revenues determined on basis of financial statements for the past 3 years; And
Cash compensation for affected structures at replacement costs; And
Relocation allowance if relocated
new building personal with not
household. applied for same affected
- 47 WATER RESOURCES FOR AGRICUlruRAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
Support for transfer all old materials
possessions by less
1,500,000VND/relocating This support is
relocation in
.... timely fashion, in addition to all entitlements
....
..II IV. INCOME RESTORATION STRATEGIES
Through consultation meeting with affected persons and local technical agencies as well .." as assessment of practical situation of affected person, An Giang local authorities in the irrigation subproject for agriculture and rural development purpose in flood control area of Bac Vao Nam, Tan Chau town, Phu Tan district, An Giang people's committee has agreed with Compensation, Assistance and Resettlement Board from district/town working together with affected persons about income restoration and lively hood development for affected persons. II In addition to compensation, opportunities for affected households to receive more benefit from 11 project (better irrigation water, access to water/sanitation services, agricultural extension trainings, access to agricultural inputs ...) will be provided, where appropriate ..
IRAP will include package for vulnerable households based on SA findings
4.1 Activities
Compensation price and support applied under An Giang provincial regulated price and World Bank regulation by one time for affected person so that the affected persons will have money for Iproduction investment. .. 4.1.1 Training for affected persons using compensated money effectively ..
01 micro finance expert from An Giang DARD has been contracted for compiling ..training program for affected person and this training will be carried out one month before and ..one month after compensation payment. Each affected household will be delivered one training document, chief of the village will kept one copy, and other copy will be kept at village Women Union's house. The training will be organized at village (to severely affected communes) at commune or inter-commune area (to less effected communes). The objective of this training is to : provide guidance for affected persons using compensated money more effectively and not use for other purposes. .. 4.1.2 Supporting for agricultural extension training programs II
Due to, agricultural land area has been acquired partially so the remaining area for .,agriculture production will be smaller (although the affected persons will continue to cultivate ..due to the land acquisition area is small, not affected to household's production capability), the investor of '''the subproject for agriculture and rural development purpose in flood control area of ..Bac Vao Nam, Tan Chau town, Phu Tan district" will support in term of technical, agricultural extension training or provide some input agricultural material under the An Giang province .. regulations.
According to surveys during consultation meeting with affected persons, 90 % of affected persons said that the limitation in agricultural production causing low economic efficiency is coming from many reasons such as: planting techniques, lacking of production investment capital, no knowledge of cultivation techniques. Thus the training program for affected persons has been contracted with An Giang Agricultural Extension Centers and Agriculture and Rural Development Division at district level within subproject areas. The training programs namely: (i)
48 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENTIN FLOOD CONTROL AREA OF BAC VAM NAO .." 'II..
--- Method and technique of high quality and yield rice cultivation; (ii) techniques of super-lean pig
raising follow industrial feeding, poultry raising with large scale, concentrated with industrial feed method (super meat and egg duck, chicken ... ); (iii) Training non-farm activities such as: rice cake making, knitting and embroidery which is depending to certain situation of each areas. -
Each affected household will be deliver one copy of training document, one copy for
- chief of the village, other copy for chief of women union. The training will be organized at village (to severely affected communes) at commune or inter-commune area (to less effected communes). The objective of this training is to provide guidance for affected persons using compensated money more effectively and not use for other purposes. - 4.1.3 Plan of agricultural extension support
After training and receiving compensated money, vulnerable affected households: poor households, women headed households, and ethnic minority households will be selected by the - commune to participate in two demonstration pilots: (i) Super - lean pigs raising and super meat and egg chicken under industrial feed (ii) Development of non-farm professionals depending on practical situation of localities.- These households will share experience with other affected households and they will apply in very flexible conditions of each affected households. These affected persons can access to Production Fund under the Income Restoration and Livelihood Development Program of the- SUbproject for agriculture and rural development purpose in flood control area ofBac Vao Nam, Tan Chau town, Phu Tan district.
4.1.4 Income generating activity -Income Restoration and Livelihood Development Program of the subproject for
agriculture and rural development purpose in flood control area of Bac Vao Nam, Tan Chau town, Phu Tan district. The Production Fund will be established with 1 million VND on average -for each affected household in total of 1,183 households who lose production land. Total fund for production fund for 20 communes will be 1,183 million VND.
This Fund will be managed by Women Union at affected commune/precinct/town. The objective ofthe fund establishment is for affected household in the subproject for agriculture and rural development purpose in flood control area of Bac Vao Nam, Tan Chau town, Phu Tan district who want to develop their production but lacking of capital for investment in buying -seed, breed, and inputs and equipment for cultivation, animal raising and other non-farm activities, these households can borrow with preferred interest rate but ensuring to maintain the effective operation of the Fund (as lowest interest rate as possible). -
The affected households who want to borrow must to have commitment to repay the loan after one cycle of business production (one crop, one cycle of production 3 months, 6 months or 1 year depending on certain situation and regulation of members in the Production Fund) can - have next loan or can be supported by other policies.
4.1.5 Labour employment in subproject- Labour from affected household in the subproject will be rented in a appropriate activities (construction workers, site clearance, each excavation, material transportation ... )during -construction preparation and maintenance process ... This income resource is stable due to the construction need huge local labour during construction and some permanent labour after -- construction (operation, maintenance the constructed culverts). .. 4.1.6 Support on labour employment for severely affected households
Households who lose more than 20% of agricultural land will be supported for- 49 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN flOOD CONTROL AREA OF BAC VAM NAO.. --
• •
"• ..professional training. The professional training will be consulted so that the affected households " can select by themselves. The professional training will be carried out one month after
compensation payment.
In the subproject of flood control area ofBac Vao Nam, Tan Chau town, Phu Tan district none of affected household lose equal or more than 20 % oftotal production land area. In this case there is no support for this activity. •II 4.2 Effectiveness of income restoration program
Together with cash compensation and rice support as regulation, the above said activities of Income Restoration and Livelihood Development Program aiming to achieve as followings:
1. The affected households will improve their knowledge on capital utilization in general and on compensated money and support in particular, more effectively for production development. ..'"
2. The affected households will improve knowledge on cultivation, animal raising and other non- farm activities to bring higher economic efficiency. Ii " 3. Through demonstration pilots which carried out by some affected households, the other affected households will have more practical experiences to recover and improve their income. By compensation money, support, the affected households can select and implement appropriate livelihood development models.
..'" 4. With knowledge and techniques of cultivation and animal raising and professional
trainings with practical experience of each models which are shared, the affected •I households can access the loan without interest rate or low interest rate (or can borrow some if household have some part) for production development.
5. The cash income beside agricultural production has great valuation to household, spending expense without selling agricultural products. Labour from affected households are given priorities for employment in construction activities of the subproject, have been trained as professional training can generate their income beside agriculture, thus can : create the sustainability in economic development and livelihood development of household. ,
4.3 Institution arrangement in income restoration program • Chairman of women union and chairman of Farmer Union of affected
communes/precincts/towns is the core to implement the income restoration and livelihood development program for affected households in the subproject. Together with direct leadership Ii " of 1 leader from commune/precinct/town people's committee (chairman or vice chair in charge of economic management). These members have been recommended by senior expert from DARD and Resettlement Committee to attend training on income restoration and livelihood ..• development program, implementation monitoring method, steps of preparation of implementation plan for affected households. III
During implementation of this program, these persons will coordinate will affected •persons prepare for the training (time, location etc) monitoring training quality ( document, practice, effectiveness ... ), monitoring of implementation of demonstration pilot at affected households, organizing experience exchange meetings on livelihood models between affected ..'" households, support in multiply the models to other households, manage the Livelihood Fund, report the result of implementation of income restoration and livelihood development program to .. affected household of the subproject and to Compensation, Assistance and Resettlement Board. •
Taking part in the income restoration and livelihood development program for
50 WATER RESOURCES FOR AGRICULTURAl AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO •.. "..
-.. - households who are affected by the subproject has been considered as one of the activities of
Women Union and Farmer Union of communes/precincts/towns under the sUbproject for agriculture and rural development purpose in flood control area of Bac Vao Nam, Tan Chau ... town, Phu Tan district, An Giang province .
- Total cost for income restoration and livelihood development program this program for households who are affected by the subproject , including production support fund is 1,183 million VND, training cost is estimated 317 million VND. Total cost estimated is 1,500 million VND.
- V. PUBLIC CONSULT ATION, INFORMATION DISCLOSURE AND GRIVANCE REDRESS
- Information dissemination and public consultation was carried out in the process of preparing and implementing projects to ensure that the affected households and other stakeholders are informed promptly about the land acquisition, compensation and resettlement, it is also an opportunity for PAP can participate and express their aspirations for the program implementation of resettlement. The CRC in cooperation with the communes and town of the project area, the -
... -leader of the village to coordinate with the Consultant of Resettlement Action Plan to hold meetings and public consultation, providing information and guiding the next steps to ensure that affected households are provided timely information ..
PAPS by sub-project are people who are Jiving in 20 communes and wards of Tan Chau town and Phu Tan district. In addition, other organizations and individuals involved in land.. acquisition, property on land and resettlement include: People's representatives, representatives of social organizations such as farmers associations, women associations, Fatherland Front of the commune / ward / town in the area affected SUb-project also involved the dissemination of .. information meetings and consultation on land acquisition, compensation and resettlement of the project.
5.1 Information dissemination - Objectives of public consultation is to exchange information on issues affected, compensation
- and assistance to the affected households and communities, coordination among investors, Resettlement Boards in the districts, and people to carry out public consultation activities .. effectively. In fact, because of the social relations and behaviour problems by communicating with the authorities of the farmers, the problem concerns related policies are not be discussed by the people ...
-The affected person may request information about compensation policy at any time without having to wait for information dissemination campaign, can take documents relating to the project, can be supported in the process of Appeal, held regularly to exchange information, and .. support planning and the Resettlement Boards of the district / town and investors to conduct public consultation activities, informing Council clearance compensation of district / town and investor-related issues of compensation, assistance and resettlement where affected people and communities of interest..
-.. - Leaders of commune/districts in subproject area, the investor and District People's Committee
together to conduct the entire meeting the affected households to consult on project activities and document information on sub-projects have been delivered to the community. Level of affected, positive and negative impacts, measures to minimize negative impacts of the project and implementation plans related activities (estimated damages, and compensation ...) has consulted
• -with the community in this meeting .
During the public consultation meeting on the impact of the construction, the entitlement matrix,
• -
51 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN flOOD CONTROL AREA OF BAC VAM NAO
-
•III the specific compensation policies, compensation processes, support, resettlement and complaint
.." resolution process was carried out in the affected areas of the project. The affected households in the commune 1sub-project towns attended the consultation meeting, the list of participants in the consultation meetings are attached in Appendix part. Representing commune leaders, investors and DPC have direct answer people's questions. Entitlement Matrix and compensation policies, support, resettlement was printed and published specifically for the household, and pasted at the office of communes I towns, of the subproject area.
The Estimation of losses EOL is performed with the participation of representatives of the communes 1 towns, representing of the investors, chief, and deputy village, representatives of mass organizations and head of households. Results estimation of losses is shown delivered for each household for checking within 5 days. This result was also posted at the office of CPC I town, and the house of the village chief and deputy. •
II5.2 Consultation meeting
5.2.1 First consultation meeting in December 2010
The purpose of the consultation meeting I " The affected persons and affected communes are fully, free and democracy informed of Bac Vam Nao subproject information I. Inform of RAP preparation plan to affected districts and communes • Survey and inventory of affected person by interview format include: The comments on
o The construction works of subproject
o The impacts of the subproject to local people's lives and advantages and disadvantages of relocation. Comments on the compensation policies and .." Resettlement Plan
Survey on general information of affected household and local authority of all level:
o The impact ofthe construction to local people's lives to local infrastructure, .." advantage and disadvantages when relocation
o Comments ofcompensation and proposed resettlement plan
1. The public consultation meeting was held in the communal areas of sub-projects during 12/2010 ., (i) In the community meetings with the participation of all households in the sub-project ..
area. About a total of 1000 people attended the meeting, including more than 20% of women from the commune to attend, in addition to representatives of the communal .. People's Committees and other social organizations in the area (such as Farmers' .. Association representative, the Fatherland Front, Women, Youth ... ). The meetings were conducted to discuss the proposed SUb-project to collect public opinion about various design schemes. A number of different design plans yet to consider and •.. discuss. The communities are informed the objectives, purposes and results of the proposed project, as well as key issues of compensation, site clearance, environmental impact, choose the route construction ... with head of villages, representatives of social organizations, local authorities and communes in subproject area.
(ii) The information disseminated during the meeting include: (i) the scope and purpose of the mini project based on the provisions of the Project on Mekong Delta Water
•52 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENTIN FLOOD CONTROL AREA OF BAC VAM NAO Ii
--- Resources Management Rural Development; (ii) policies, guidelines and procedures
for the acquisition of land, compensation, resettlement, and (iii) the impact of resettlement.- (iii) The issues and comments of participants: All persons participating in community meetings agreed with the project implementation, the project's policy 'and they want
- the project soon to be implemented so that people will have better opportunities in the development of production and facilitate the transportation of goods, economic exchanges and culture with other regions.
5.2.2 Second consultation meetings on February 2011- 2. The purpose of the consultation meeting on resettlement action plan is organized in the process of RAP preparation is to provide information and consultation with the PAPS and other organizations and individuals concerned about: (i) Getting general - comments on Bac Yam Nao Subproject policy frame work, (ii) the results of estimated losses projected in the unit cost of compensation and benefits, (iii) the procedures for -paying compensation and resettlement activities.(IV) Income restoration plan for relocated - households
3. Collect adequate and exact comments of local affected persons, which can create opportunity for affected persons participate fully in resettlement plan preparation to ensure - the democracy in development
4. In the process of preparing Resettlement Action Plan, representatives of district People's Committee in collaboration with Consultant of Resettlement, local authorities - organized meetings of affected households.
- • Time and place of consultation: consultation meeting with affected persons are organized in early February 2011 in the People's Committees of affected communes Each commune (depending on level of impact and number of affected households) held two consultations to all the affected households of the commune have the opportunity to capture the content and policies of compensation and resettlement in- line situation of land acquisition and clearance in each specific commune.
- • In the meeting there are representatives of all affected households who are living along the lines of works in the area of each commune. These meetings also involve the participation of village chiefs, representatives of social organizations at commune Itown (Farmers' Association, Women Union, Fatherland Front, Youth Union ...), along with the local government officials of the commune I town in the sub-projects. -- 5.3.3. Summary of consultation meeting's result
- At the consultation meetings, the local government and local people, the affected- households have both supported the construction works of the project as they think this is a good - opportunity for people in regions with to develop socio-economic rapidly, particularly creating favourable conditional for doing business and development services, creating integrated into the general economy of the region. Besides, they want to be fair compensation, transparency and -- support enough to stabilize the conditions of life and income restoration.
- Households agreed to receive cash compensation for loss of land, buildings, trees ... - - The household also farmers want to be compensated before site clearance. They argue - that if the cash compensation has not been made while crop and tree damaged it will make difficult for then they maintain the lives by other occupation. - 5.4 Mechanism of grievance redress - 53 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO---
•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 grievances and complaints. ".. 5.4.1 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 II " 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 and mountainous areas, 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 issuance 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 I household can elevate hislher complaint to the OPC.
5.4.2. Second Stage, District People's Committee .." Upon receipt of complaint from the household, the OPC 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 CRC is responsible for documenting and keeping file of all complaints that it handles. .." Upon issuance of decision ofOPC, 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. ••5.4.3. 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 ofPPC, 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
I'household can elevate hislher complaint to the court within 45 days. PPC will then deposit the ,compensation payment in an escrow account.
5.4.4. Final Stage, the Court of Law Arbitrates
Should the complainant file hislher case to the court and the court rule in favour of the ".. complainant, then Provincial government agency will have to increase the compensation at a level to be decided by the court. In case the court will rule in favour of PPC, then the amount deposited with the court is what the complainant will receive. "
To ensure that the grievance mechanism described above are practical and acceptable by " PAPs, this were consulted with local authorities and local communities taken into account of specific cultural attributes as well as traditional-cultural mechanisms for raising and resolving complaints and conflicting issues. The ethnic minority objects, efforts were also identified and determined which are culturally acceptable ways to find the solution that is acceptable. ..
The affected people are exempted from expenses related to administrative procedures and III legal. The appeal court has the right to be free of cost for filing the application. All records and ..54 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO •
"iii
-.. - complaints and the remedial measures will be stored in the People's Committees of communes I
towns, the Community consultation committee and investor of subproject
- 5.5 Information disclosure
The World Bank's Public Consultation and Information Disclosure (OP 17.50) define the requirements for giving public access to project information and documentation. It requires that during the planning and preparatory process, project beneficiaries and affected groups and local - NGOs shall be consulted and the environment and social aspects of the project should be presented. These are critical for successful planning and implementation of the Project. The consultation throughout the design and implementation of investments must also be compliant
-- with all other applicable safeguard policies of the Government of Vietnam and the World Bank.
The policy also requires that any relevant material such as the environmental assessment study, social assessments, resettlement action plan, etc. should be made accessible, in a timely manner and in a form language understandable to the groups being consulted.
- VI. 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) would monitor and supervise the implementation of resettlement and land acquisition programmes. 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. - 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 programmes, including PAP identification, social assessments, provision of information to PAP's and administration of all compensation - related matters. -- 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 of the Land Law 2003 and Decree 197/2004IND-CP, Decree 17/20061NDCP on amendment of some provisions guiding implementation of the Land Law 2003 and -.. Decree 69/20091ND-CP providing additional guidelines on land use, compensation, support and resettlement which will further strengthen the performance and compliance of MARD-CPO;
- PMUIO; and PPMU on these RPF. .. - 55 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF 8AC VAM NAO.. -,.
•.. 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 have governmental administrative responsibilities within their territory. Provincial Resettlement Committees will be established for special projects only. ..
., II Provincial People's Committee (PPC):
• establishing provincial resettlement committees and appointing head of district resettlement committee with assigned responsibilities and tasks, appointing members of iiiProvincial Resettlement Committees and its chairman.
• issuing the policies of relocation and compensation rates and other directives and ..instructions of resettlement and compensation applied to the project in their territory ..• approving compensation estimates submitted by District Resettlement Committees.
• acquisition and allocation of land for Project • approving allocation of land plots to relocated families who use affected land without
land title. " • task assignment for districts in province. "
District People's Committee (DPC):
DPC will decide the effectiveness of detailed compensation and resettlement works. .... DPC's are assumed to: ..
• appoint members of District Resettlement Committee, its chairman and assign functional .. tasks for DRe. ..
• appoint heads ofcommune 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 DRC operating costs. ..•Commune People's Committee (CPC):
• appoint members working in commune resettlement team and team leader to work in DRe's task forces
• sign compensation documents of PAP's ..• receive operation fund allocated by DPC.
II• PAP's information and consultation, PAP's meeting arrangement.
.. II6.2 Responsibilities of resettlement committees
Provincial Resettlement Committee (PRC) responsibilities:
In all provinces resettlement Committees for the Water Resources Project have already been established. ..
56 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO '\
III ....
--
--- • 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 (DRC) 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.
• checking and signing compensation documents before forwarding them to RC.
- • data base management of PAP's, calculation of compensation entitlement.
• apply to OPC for land use right certificates for relocated families . .. • training resettlement in communes.
-• scheduling resettlement activities and reporting regularly (monthly, bi-monthly) progress
and issues pending to PRC.
Commune Resettlement Committee (CRC) responsibilities:
• arranging meetings with PAP's to communicate policies of compensation and compensation rates ofPPC's.
- • working with ORC in OMS and documentation. -- VII. MONITORING AND SUPERVISION
7.1 Internal monitoring -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 monitoring aims to:
- 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. determine if the required transition, income restoration measures and relocation assistance are provided on time.
-- 57 WATER RESOURCES FOR AGRICULTURAl AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
-..
• • d. assess if income source recovery supports have been provided and propose remedial measures if objectives of restoring income of househoIds have not been met.
e. disseminate information and procedures openly
f. determine 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 dsmooth 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 establish a set of practical monitoring indicators in line with the technical guidelines (Annex 5 of RPF). " II
• RAP updating:
This RAP must be updated after the OMS 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 ofentitlements (as per RPF) at household and subproject levels. Updated RAP .." must be submitted to the World Bankfor 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 compensation must be entered using electronic templates provided (see sample in Annex 7 ofRPF) .."
• Capacity Building: Training will be provided to PPMUs 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
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 terms of reference that specify frequency of monitoring, sampling and interviewing methods, and 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 (OMS forms, compensation documents,) as per agreed RAP;
(iii) Coordination of resettlement activities with construction schedule;
58 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN R.OOD CONTROL AREA OF BAC VAM NAO •..
--- (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 sustain ability 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 ofPAP in RAP planning, updating and implementation;
(xiii) Institutional capacity, internal monitoring and reporting; and
(xiv) Channelling of government funds for payment of land, non-land assets; allowances to the displaced persons. - Monitoring of RAP 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. -VIII. BUDGET AND COST ESTIMATION .... 8.1 Source of resettlement funds
All land acquisition, compensation and resettlement costs of the subproject are taken from provincial counterpart funds of An Giang province (Government budget) and Wolrd Bank -fund.
8.2 Compensation by replacement cost - Compensation rates will be established in each province of project in accordance with replacement cost based on market prices at the time of Resettlement Action Plan preparation. The rates are set up based on replacement cost survey and methods to update rates as required - when market prices change. The rates will be approved by PPC for the project.
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. -- 59 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
• --
• •
•• •
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. .. IT will follow up. Prices will be updated to take into account price increase, especially if III'" resettlement implementation is delayed.
Resettlement Consultant conducted replacement unit prices survey in the area of communes • affected by the subproject in the districts, the survey was conducted in November and 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 surrounding 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.; .. Resettlement Consultant conducted the Replacement Cost Survey through (i) study of the average revenue for agricultural industries (income generated from land) in the locality, (ii) .. interviews and surveys of project affected households and non-project affected households and .. (iii) observations and surveys in residential areas. Thereby, replacement unit price is proposed for the subproject. •
titCurrently, regulations on compensation unit price and allowances for land, trees, crops as well as architectural objects, buildings ... issued by People's Committee of An Giang Province are always updated by Department of Finance, Department of Natural Resources - Environment, Department of Construction ... and local authorities to upgrade and release every beginning and .." middle of a year. Base on results of 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. Provincial issued price is relatively close to market unit '" price for assets traded in the market which is presented on the following tables: "IIIThe price has been calculated before moving affected assets, including tax, cost can be calculated as follows:
(i) Production land price is based on latest market price, if no market price, it should ..• be based on production value;
(ii) Residential land price is based on latest market price, if no market price, it should base On characteristics and location ofthe same land area;
(iii) Households and other related structures basing on market price on material and labour without depreciation as well as using old material; " i(iv) Annual crop price is equivalence to highest production within previuous 3 years multiply with market price at the compensation time;
(v) Perenial crop price is equivalence to current market price depending on categories, age and production value at compensation time.
•,.
60 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN ROOD CONTROL AREA OF BAC VAM NAO
"•
---- (vi) Timber price basing on diameter, heigh, age equivalence to current market price.
Unit price issued by An Giang People's Committee for land, structure, crop, tree under the Decision No. 25/201 O/QD-UBND. The evaluation of replacement cost to be done to compare - unit price in the Decision with market price.
As reported there is variance in replacement price and price for affected assets regulated by An Giang people's Committee. The unit price applied for affected land of An Giang- people's committee is variance with market price.
- Table 25: Compensation price for residential land
Unit: VNDlm2 -No. Type of land
Price under Decision No.
. 57/2009/QI) - UBND
Market price
Proposed compensat ion price
.,,,,, Residential land in Phu Tan district 170,000 300,000 400,000 400,000
- 2 Residential land in one Chautown
commune in Tan 350,000 500,000 500,000
Under following Table, the residential land price has been calculated under provincial - regulation. The market price which is surveyed at Tan Chau town, Phu Tan district for residential
land as follow: (400,000 VND/m2 in Phu Tan and 500,000 VND in Tan Chau town) and this
price is applied in calculation for compensation of acquired residential land area. -The market price for production land (including garden land, agriculture land and water
surface land for aquaculture) is difficult to evaluate due to less transaction in the market. The -affected person supposed that compensation price for agricultural land is equivalence to market
price but no actual market price due to no transaction in the market. The agricultural land price - issued by An Giang people's committe~ will be applied for compensation, this price will be re
evaluate at compensation time, especially this price has not been updated, it was updated last
time in 2010. -Table 26: Compensation for production land
Unit: VNDlm2-Price under Proposed
No. Type of land Decision No. Market price compensation• 57/2009/QD - UBND price
- Garden, fishpond next to house 53,000 - 80,000 80,000 -100,000 80,000 -100,000
• 3 Paddy land (annual crops) 45,000 - 70,000 80,000 -100,000 80,000 -100,000-.. According to replacement cost survey, the unit price for structure, architecture regulated
by provincial people's committee reflect accuracy for some structures in comparison to market - 61 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO--..
2
.." price at the time of survey. The reasons are during last time the price of construction material has
been increased. The changes have been reflected in proposed prices. This price will be updated
under marker price at the time of compensation.
Table 27: Compensation for structure and arcbitecture
Price under ProposedDecision No.
No. Categories Unit Market price compensatio1912008/QD n price
UBND Ii" House Category IV
House Category IV and IVd VNDlm2 1,200,000 2,000,000 2,000,000
Temporary house below category 700,000 1,000,000 1,000,000 IV temporary A
Temporary house below category 600,000 600,000 600,000 .. IV temporary B ..
VNDlm]Tent, camp and other temporary 400,000 500,000 500,000 house
Temporary kitchen 50,000 100,000 100,000
VNDlm]3 Animal coop 50,000 100,000 100,000
,II
VNDlm'4 Temporary toilet 50,000 50,000 50,000 ,VNDlm'
5 Water tank 1,800,000 2,500,000 2,300,000 II VNDlm'
6 Concreted courtyard 70,000 100,000 100,000
VNDlm'7 B40 net Fence 150,000 200,000 200,000 I " 8 Temple VND/uni 100,000 300,000 300,000
t "iii In general, the unit price applies for crop from An Giang People's Committee reflect the
market price. In fact unit price is higher than the famer can get from the market. In some cases .." the perennial crop during the survey is higher than An Giang unit price regulated and has been ,. proposed as following:
Table 28: Compensation price for crops and perennial crops
Market ProposedCompensa
No. Type of crops Unit price for compensationtion price crop price
·1IIt
Annual crop • 62 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN flOOD CONTROL AREA OF BAC VAM NAO ..• ....
1
1111
----
Paddy VND/m2 4,200 Not Under unit price ----------------VN--O'"":"/m--...-2 ------ available of An Giang
Maize 4,000 people's committee
Soybean/ground nut VNO/m2
4,000 -- 2 Fruit tree
Ourian, magosteen, mango VND/tree 800,000 1,500,000 1,200,000
Milk fruit, rambutan VND/tree 500,000 1,000,000 800,000 - Coco nut VNO/tree 400,000 800,000 600,000
Orange, mandarin, grape fruit, 350,000 500,000 500,000
longan, jack fruit, rose apple -Custard apple, cherry, apple, VND/tree 250,000 lime- Guava VND/tree 100,000 Not Under unit price
of An GiangPomegranate, star apple, 150,000 available.. people'sdecandrous persimmon committee
VND/treeBanana 20,000
VND/treePapaya 50,000-3 Timber tree and other trees
Eucalyptus 40,000 200,000 150,000-VND/treeBamboo 10,000 30,000 20,000
VND/treeCajuput,.. 60,000 200,000 150,000-Bamboo VNOlbush 60,000 300,000 200,000
-8.3 Compensation cost
- The following table summary compensation cost of the subproject includes: (i) Cost for
permanent residential land loss, (ii) cost for other structures, architectures, house, crops and
- trees.
Table 29: Summary compensation cost and support for subproject
No. -I-
---...
Types of loss
Land·
Agricultural land
Garden land
Aquaculture land
Unit Quantity
205,328
3,340
300
Unit price (VND)
70,000
Total cost (VND)
12,634,220,000
11,609,050,000
209.620,000
21,000,000
63 WATER RESOURCES FOR AGRIOJLTURAl AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAD
• • •
No.
4
II
1
2
3
4
III
1
2
3
4
5
6
7
! III
1
-
-
-2
---
-
---
Types of loss Unit Quantity Unit price Total cost
(VND) (VND)
Residential land m2 2.555 794,550,000
Structures, architecture 2,180,600,000
House Category IV and IVd m 2 590 1,200,000 708,000,000
Temporary house below category IV m2 376 700,000 263,200,000 • temporary A
Temporary house below category IV m2 891 600,000 534,600,000
temporary B
Tent, camp and other temporary house m2 1,687 400,000 674,800,000
Easement 68,960,000
Temporary kitchen m2 80 50.000 4,000,000 !
Permanent breeding facilities m2 188 66~ 12,400,000
Temporary toilet m2 10 50,000 500,000
Water tank m2 4 1,800,000 7.200.000
Concrete courtyard m 2 498 70,000 34,860,000
B40-type net fence m2 60 150,000 9,000,000
Brick temple unit 10 100,000 1,000,000
Trees, secondary crops 1,618,521,600
Annual crop land 80$,211,600
Paddy m2 191,098 4,200 802,611,600
maize m2 450 4,000 1.800,000
Beans m2 200 4,000 800,000
Fruit trees 319,020,000
Durian, mangosteen, mango 175 800,000 140,000,000
Milk fruit, rambutan 2 500,000 1,000,000
Coconut 97 400,000 38,800,0
Orange, mandarin, grape fruit, longan, tree 202 350,000 70,700,000jack fruit, rose apple
Custard apple, cherry, apple, lime tree 42 250,000 10,500,000
Guava tree 67 100,000 67,000,000
Pomegranate, star apple, decandrous tree 9 150,000 1,350,000
, '* "• "&I
'"..
•" •tI
,• Ii"
64 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO
..
--
----.. -------
No. Types of loss Unit Quantity Unit price (VND)
Total cost (VND)
persimmon
- Banana tree 2,358 20,000 47,120,000
- Papaya tree 57 50,000 2,850,000
3 Timber trees 494,290,000
- Cong, gao, bUn, sung, mit u, tram bAu, me nu6'c, tram ... tree 3,192 60,000 ]91 ,520,000
- Ivory bamboo bush 12 60,000 900,000
- Bamboo tree 2,665 10,000 26,650,000
- Eucalyptus tree 6,865 40,000 274,600,000
IV Public structure 197,000,000
1
Structure restoration cost (i.e. concrete electric pole, electric transmission line system, and temporary house for pumping station). Estimation of assistance budget
197,000,000
Total 16,699,301,600
• - 8.4 Supporting cost and other administrative cost
The supporting is based on Viet Nam government decisions, decisions from An Giang -province and policies from World Bank, the supporting cost include: (1) support for household
who loose below 10% of production land or income under the formula of: area of land loss X - 1.5 times of land price regulated by provincial level (2) support for household whose have - business loss with the form of compensation payment equivalence to 3 months of doing business .. ( 5,000,000VND/month in 3 months) and (3) support for income restoration in the form of
- establishing production development fund, agricultural extension training and implementation of
demonstration pilots. -The administrative cost includes 2 cost items: (l) management cost 2 % and (2) independence -monitoring cost in total cost of compensation on land, structures, crops and trees -
Table 30: Supportiug and administrative cost---
No. Assistance and administrative
cost Unit Quantity
Unit price (vnd)
Total amount (vnd)
I Assistance 19,295,735,000
1 Support for stabilizing life and person 987 330,000 325,710,000
65 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAt VAM NAO--
II " No.
Assistance and administrative cost
Unit Quantity Unit price
(vnd) Total amount
(vnd)
production
2 Support for changing labour's occupation
person 206 3,000,000 618,000,000
3 Support for changing occupation and work in Tan ChAu town
time 2 276,900,000 553,800,000
I 4
Support for changing occupation and work in PM Tan district
time 1.5 11,332,150,000 16,998,225,000
5 Allowance for business loss hh 6 15,000,000 90,000,000
6 Support for moving house within province
hh 40 3,000,000 120,000,000
7 Bonus for in-time removal from acquired land
hh 118 5,000,000 590,000,000
II Administrative cost 333,986,032
1 Management cost % 2 16,699,301,600 333,986,032
Total cost 19,629,721,032
,..
8.5 Contingency cost and other cost
Contingency cost on price and other cost for structures have been calculated by 15% of
total cost, cost for income restoration and management cost include (management and
independent monitoring cost) has been calculated as follows:
(16,699,301,600 + 19,629,721,032) x 15% =5,449,353,395 VND z Contingency cost for structures of subproject is estimated at 5,449,353,395 VND ,
8.6 Total budget estimation cost Ii Total cost includes: (1) compensation cost; (2) supporting cost and administrative cost
and (3) contingency cost which have been presented in the following table: II "
Table 31: Total cost 'I No. Cost Amount (VND)
1 Compensation cost 16,699,301,600
2 Income restoration cost and administrative cost 19,629,721,032
3 Contingency cost 5,449,353,395
Total 41,778,376,027
.. ,i
66 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF BAC VAM NAO •'" ..•
---- Total cost estimation is 41,778,000,000 VND (forty one billion, seven hundred seventy
eight million Dong) equivalence to 2,037,951 USD. Of which compensation cost is estimated as
16,699,301,600 VND equivalent to 814,600 USD -IX. IMPLEMENTATON SCHEDULE -The implementation schedule for resettlement activities for the subproject is presented in the
following table including (i) activities for preparation of the RP; (ii) resettlement implementation - activities; and, (iii) external monitoring and evaluation activities.
-
---
-------- 67 WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF SAC VAM NAO--
Table 32: Resettlement Action Plan
Year I (month) Year 2 (quarter) Year 3 (quarter) No. Activities
MI M2 M3 M4 M5 M6 M7 M8 M9 MID Mll MI2 QI Q2 Q3 Q4 QI Q2 Q3 Q4
I Preparation
2 World Bank and GOV Agreement on ~Safeguard Frameworks
3 Implementation
Uploading ofSafeguard Framework and
~4 RAPs and EMDP on World Bank and Government websites
5 Establishment ofrelating boards !\..'-V 6 Trainings for relating boards and local
~. government in RAP
7 Public Consultation and Information ~Disclosure on RAP
8 DMS and updating RAP ,,""~,~ 9 DMS and external monitoring agency
~~(EMA) 10 Replacement cost survey ~~I:\.'~ 11 Compensation set up ~~
Public Consultation and Information
~12 Disclosure on compensation measures to PAPs
13 Complete RAP with updated intormation ~~
14 Submission ofRAP and Retrofit RAP to ~WB and GOV for review and concurrence
15 Land acquisition and clearance set up and
~information disclosure to PAPs ----------~~---~~
Implementation ofcompensation
~~16 measures and resettlement
17 Land acquisition and clearance ~~~,~~~~~ 18 Contract bidding on construction work "'"'-~ 19 Planning and implementing income
~~~~~~~~~restoration programs i
•• •• .'. II • •• Ii-. .'. .,:. il. _ ~ ___ A - ...... ---... -~.- ... --- ._-- .. -_.- ...- -.. -~. -. -- . - - _.. -- - _. - -~- ~
~ Ii~~ .,-'11 .'. •• If,-'jI .. Ii':'. •• IP ..
I ! I -I I I I I II I -I I I • I II I I I I I I I • I I I I .- I • I •. I I I
No.
20
21
22
23
24
Activities
Implementing income restoration programs and checking situations of severelv venerable PAPs
Monitoring and Evaluation
Internal monitorin External monitoring in compensation, income restoration programs and situations ofsevere Iv venerable PAPs Uploading monitoring and evaluation renort on websites ofWB and GOV
Year 1 (month)
Ml I Ml I M3 I M4 I M5 I M6
69 I WATER RESOURCES FOR AGRICULTURAL AND RURAL DEVELOPMENT IN FLOOD CONTROL AREA OF SAC VAM HAO
1 J
II II
J
,•
•..