subproject: dong nang ren water resources system...

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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT CENTRAL ,PROJECT OFFICE - CPO

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

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- RESETTLEMENT ACTION PLAN

SUBPROJECT: DONG NANG REN WATER RESOURCES SYSTEM VINH LOI DISTRICT - BAC LIEU PROVINCE

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RP-1133 Vol. 12

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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

PPC = RCS

RAPF = 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 Entitlement

District People's Committee

Executing Agency

Female-headed household

Government of Viet Nam

Household

Independent Monitoring Organization

Land Use Rights CertifIcate

Ministry ofAgriculture and Rural Development

Ministry of Labor, Invalids and Social Assistance

Non-government Organization

Provincial 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 in which the fIscal year ends, e.g., FY2000 ends on 31 December 2000.

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

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Definitions of Terms III til

Beneficiary - All persons and households from the villages who voluntarily seek to avail of and be part ofthe 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 II measures necessary to meet the replacement cost standards.

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Resettlement is the general term related to land acquisition and compensation for loss of asset whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood.

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.

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TABLE OF CONTENTS • •EXECUTIVE SUMMRARY ...................................................................................................... 8 ..

I. IN"TRODUCTION ....................................................................................................... 10

1.1 Introduction of project and subproject ........................................................................ 10 • 1.1.1 Project introduction ..................................................................................................... 10 • 1.1.2 Introduction of the subproject ..................................................................................... 11

1.2 Measures for negative impact mitigation .................................................................... 13

1.3 Subproject impacts ...................................................................................................... 14

1.3.1 Land loss area .............................................................................................................. 15

1.3.2. Structures and architectures affected ........................................................................... 17 .. 1.3.3 Crops Loss ....................................................................................................................... 18 •1.3.4 Impact on house due to land acquisition ..................................................................... 20 ..

•1.3.5 Impact on business ...................................................................................................... 20

1.4 Objectives of resettlement action plan ........................................................................ 21

•..II. SOCIAL ECONOMIC ASSESSMENT ...................................................................... 21

2.1 Social economic profile ............................................................................................... 21

2.1.1

2.1.2 Household size and member in household .................................................................. 22

Head of household by gender and age ......................................................................... 21 •• 2.1.3 Education background of household's head .................................................................... 23 .. 2.1.4 Children in the school age ........................................................................................... 23 •2.1.5. Living condition of affected households ......................................................................... 24

II..2.1.6 Land use rights and asset ownership ................................................................................ 25

2.1.7 Income level of affected household ............................................................................. 25

2.1.8 Main occupation of househo ld' shead ............................................................................. 26 •..2.1.9 Labor division by sex ....................................................................................................... 27

2.1.10 Vulnerable groups ....................................................................................................... 27 .. 2.1.11 Expectation of compensation and support for livelihood restoration ............................ 28 II

III. POLICY FRAMEWORK AND ENTITLEMENTS .......................................................... 31

3.1 Policy framework ........................................................................................................ 31

iii. Key Differences between Government and WB Policy ...................................................... 34 ..3.2 Land acquisition and Resettlement principles ............................................................. 36

.. III 3.3 Compensation and entitlements ................................................................................... 38

IV. COMPENSA nON AND RESETTLEMENT STRA TERGIES ........................................ 44 ..4.1 Procedures for Payment of Compensation and Allowances ....................................... 44 .. Mekong Delta Water Resources Management for Rural Development PageS ..

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4.2 Income Restoration Strategies ..................................................................................... 45

4.3 Recovery solution for public infrastructure works ............................................................ 49

4.4 Gender strategy .................................................................................................... , ...... 50

V. CONSULT A nON, INFORMAnON DISCLOSURE AND GRIV ANCE REDRESS .... 50

5.1 Consultations and Information Disclosure during Preparation of Resettlement Action Plan .................................................................................................................................................. 51

5.2 Consultation meetings ........................................................................................................ 51

5.3. Result ofconsultation meeting .......................................................................................... 53

5.4 Mechanism of grievance redress ........................................................................................ 55

5.5 Information disclosure ...... ~ ................................................................................................ 56

VI. INSTITUTIONAL ARRANGEMENT ............................................................................. 56

VII. MONITORING AND SUPERVISION ............................................................................ 58

7.1 Internal Monitoring for the Subproject ...................................................................... 58

7.2 External Monitoring of PAPs ...................................... .t::

VIII. BUDGET AND COST ESTIMATES .............................................................................. 61

8.1 Source ofResettlement Funds ............................................................................................ 61

8.2 Compensation with replacement costs ................................................................................. 61

X. IMPLEMENT A nON ARRANGEMENT .......................................................................... 66

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Table 30: Compensation price and market price apply for garden, agricultural land and aquaculture land 63 .. Table 31: Compensation price and market price appliedfor structure and architecture 63 Table 32: Compensation price and market pricefor crops, tree, and perennial crops 64 Table 33: Total cost estimation 65 ••

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TABLE OF FIGURES

Figure 1. Irrigation planning map ofMekong Delta region toward 2010 Figure 2. Dong Nang Ren Water Resources System Table 1: Summary oflosses ofaffected households Table 2: Summary ofpermanent land loss area Table 3: Summary oftotal temporary land loss area Table 4: Summary ofhouse losses by type in affected communes Table 5: Summary ofaffected auxiliary structures Table 6: Summary ofcrops loss in acquired land area Table 7: Summary offruit tree loss Table 8: Total loss oftimber tree and tree with leaves used as roofmg materials__ Table 9: Household characteristics by gender and age Table 10: Number ofmember in thefamily Table 11: Education background ofaffected household head Table 12: Numbers ofchildren in the school age ofaffected households Table 13: Water utilization ofaffected households Table 14: Energy utilization ofaffected households Table 15: Land ownership situation ofaffected households Table 16: Household income by commune Table 17: Main occupation ofaffected household's head Table 18: Labor division by sex Table 19: Number ofvulnerable groups Table 20: Alternativesfor compensation Table 21: Percentage and alternatives for resettlement Table 22: Income restoration alternatives ofaffected households __ Table 23: Plan ofcompensation utilization ofaffected households Table 24: Key differences between WB Involuntary Resettlement Policy and Viet Nam's legislation Table 26: Support in agricultural production Table 27: Support in animal husbandry Table 28: Supportfor technical trainingfor farmers Table 29: Unit price for residential affected land

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EXECUTIVE SUMMRARY

• Overall objective of the subproject:

Improving irrigation system, to protect production area, strengthening the effective of water utilization, solving environmental pollution, promoting mechanization, changing crops structures and construct new rural development. Creating favorable conditions for socioeconomic development, improving people's living standard;

• Land Acquisition Scope and Impact:

The implementation of Dong Nang Ren transportation road and irrigation system subproject in Vinh Loi district will acquire land and assets within subproject area, thus 867 households living in 4 communes/town of Vinh Loi district will be affected. Of which 197 households will lose their agricultural land area, 584 households will lose their garden land where is next to the residential area, 33 households will lose aquaculture land area, 110 households will lose their houses and residential areas, in which 9 households whose business shops will be affected (small business shops). In subproject area, 184 households will lose below 20 % of total agricultural land, 13 households will lose more than 20% of total agricultural land.

• . Legal basis:

Policies on compensation support and resettlement of subproject is based on current regulation and law of Viet Nam and World Bank policies. In case there is a difference between the borrower and the World Bank on regulations, policies and procedures, the World Bank's policy will be applied, in accordance with Decree No. 131120061ND-CP, defined "in case of international agreements on ODA which the Socialist Republic of Vietnam is member has different regulation from the provisions of the law of Vietnam, the international agreements will be applied (Article 2, Section 5).

• Project entitlement for affected persons:

The entitlement for affected persons from the project has been defined and presented in RAP consistence with the impacts defined during the socio~economic assessment survey. These entitlements will be updated if needed after the detailed measurement survey and construct consultation meeting with affected persons in order to ensure that all losses will have been recovered or improved.

• Consultation meetings and Redressing Grievances:

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

During the process of implementing the RAP, any complaints will be resolved in accordance with the approved procedure based on the Project RAPF. All complaints from PAPs will be resolved fairly and quickly by local authorities and/or Project officials and an independent agency. There will be no administrative charge for the grievances redress.

• Implementation organization:

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The Ministry of Agriculture and Rural Development (MARD) is the Executing Agency for the project "Mekong Delta Water Resources Management for Rural Development Project" II1IIand assures overall coordination, planning, implementation, and reporting for the Project. The ..Central Project Office (CPO): (i) liaises with the Bac Lieu PPC and (ii) guides, supports and monitors the work of the Bac Lieu DARD, for all activities related to resettlement planning and implementation for the subproject. The CPO recruits an NGO or other qualified • organization to act as an external monitoring agency (EMA) for the subproject. .. • Total cost of compensation and support:

Total cost of compensation is estimated as 44,377,210,000 VND equivalence to USD 2,164,742.

•.. • Implementation Schedule. The Resettlement Action Plan implementation will be

coordinated with project civil works. All PAPs will be compensated and the site clearance completed in 2011.

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I. INTRODUCTION

1.1 Introdnction of project and snbproject

1.1.1 Project introduction

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

Figure 1. Irrigation planning map of Mekong Delta region toward 2010

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Source: Central Project Office


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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 agriculturaVaquacultural 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 ofwater resources infrastructure

The subproject will be implemented in 7 provinces of Mekong River Delta namely: An " Giang, Can Tho, Hau Giang, Kien Giang, Ca Mau, Bac Lieu and Soc Trang. •

1.1.2 Introduction of the subproject ••The subproject "Dong Nang Ren Water Resources System" in Vinh Loi district, Bac Lieu province is one of7 subprojects will be implemented in the 1st year. •..• The general objective of the subproject

Improving irrigation system, to protect production area, strengthening the effective of water utilization, solving environmental pollution, promoting mechanization, changing crops " .. structures and construct new rural development. ..Creating favorable conditions for socio-economic development and improving people's living standard. • • Detail objective of subproject:

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Investment of construction in the subproject to serve agriculture and rural development in the communes and town of Vinh Loi district, Bac Lieu province .. includes: Dredging irrigation canal in combination with road improvement, upgrade dike and construct sluices and bridges on secondary canal: • Saline control for 10,159 ha of natural land. Supply water for 7,091 ha of double rice • crops and one subsidiary crop area, 444 ha subsidiary crops area and 1,048 ha fruit • tree area. Strengthen locally water discharge for neighbor area of 500 ha in Soc Trang

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•province area. Improving inland water way and road in the subproject area.

Complete on farm road system for easy transportation of machines for agricultural purposes, transportation of agricultural products, inputs etc. of local people in the· • subproject area. • Create conditions for mechanization and electrification of agriculture. ..

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Construct rural road system (Construct bridges on secondary canal) which can connect the residential areas with inter-commune main road system.

Construct of irrigation model where can withdraw experiences and can be developed for whole province.

The subproject will be implemented within 3 communes and I town ofVinh Loi district, Bac Lieu province.

Figure 2. Dong Nang Ren Water Resources System

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Source: NIAPP

• Main items ofthe subproject

1. Nang Ren dike connection: total length of9,735 m.

2. Dredging canals (Ranh, Hai Hau Ba Tinh, Hai Thang, Thach Long-Gia Hoi, Thong Luu

Ha Duc, Chat Dot, Nang Ren, Thong Luu) with total length of75,025 m.

3. Sluices systems: 7 sluices

Hai Hau sluice

Ba Tinh sluice

Hai Thang sluice - Mieu bao Lon sluice

Sau Ca sluice- Ba Thuy sluice

Thach Long sluice

4. Bridge H8: Construct 7 sluices to connect to dike route with load capacity of H8. Improve --.. road from national road No.1 to border area between Vinh Loi district, Bac Lieu province

and Thanh Tri district, Soc Trang province. The bridges are: .. Mekong Delta Water Resources Management for Rural Development Page 12

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Nang Ren 2 bridge

Cau Khuong bridge • Hai Hau bridge • Ba Tinh bridge ••Hai Thang bridge

Sau Sach bridge

Mac Day bridge

5. Management house: Construct a management house with concrete fonn, total roofing • with area of 36 m2 for the structure management ofthe subproject • However, the construction of the subproject will affect to some households in the •subproject area. The Resettlement Action Plan is prepared to define the level of impact .. and total cost of resettlement compensation. ..

1.2 Measures for negative impact mitigation • Objective of the project is to mitigate the negative impacts from land acquisition and resettlement, so efforts have been made during project proposal and preliminary design •..preparation of the subproject. The structures of the subproject acquires land area and assets are irrigation canal dredging in combination with road improvement, and upgrading Nang Ren dyke which have been paid much attention to minimize negative impacts: "•

The construction of bridge on secondary canal: For constructing roads to the both end of bridges, the basic design proposed to use the most parts as possible of existing roads. • The land, which are used to construct abutments, are a part of canal embankment, that • are public land in protection corridor for canal system under the control of local authorities. So the construction of abutments will not impact to household's lands. The • subproject also should inform people early about construction so that they do not • cultivate on affected land. Upgrading dike along canal route: although the road system .. along canal and dike route is available but it should be upgraded to meet rural road .. standard (standard of rural road category IV, road surface width 3.5 m, road foundation width 5 - 6 m, the road surface can be asphalted or concretized). This work acquires .. permanence residential, garden, agricultural land area and other lands and affected to • some assets of the local community. However, preliminary basic design preparation was made with careful attention so that land acquisition areas will be minimum and are " located in right of way or less productive area in order to reduce adverse impact on • production and daily life activities of local residents. .. The construction of sluices in the subproject area will be based on the current situation .. of old sluices, pave to prevent soil erosion at two sides of sluice. The construction of the sluice will temporary affect to land area of households in the subproject area, of which • crops, tree and structures will be affected but very small area and mostly are fruit trees .. area and auxiliary structures.


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-1.3 Subproject impacts

-. The EOL team, which includes Consultants for establishing Resettlement Action Plan (members of NIAPP) coordinated with workgroups of local authorities of 4 affected communes/town (the member of each commune workgroup include: 1 Commune Deputy Chairman, 1 land management officer, 1 judiciary officer, 1 agricultural management officer, all village leaders of affected villages) have carried out inventory of land and assets on the land would be acquired based on the temporary landmarks and basic design ofthe subproject.

The Estimate of Loss (EOL) of assets was conducted in November 2011 all communes of the subproject area to collect data on the number of project affected people (PAPs) and the types and amounts of land, structures and other assets that are affected by land acquisition. The survey was carried out for 100% of PAPs. The EOL is grounded on the preliminary design and temporary demarcation for subproject. The data collected during the EOL constitutes the

...,1 formal basis for determining PAP entitlements, levels of compensation, and estimate the overall subproject impact level.

Since detailed engineering design and demarcation marking were not completed at the time of preliminary social assessment, accurate impact assessment (household level) could not be done. Therefore, the impact presented in this RAP is an estimation based on 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 of EOL show that: land area and assets of 867 households (with 3,773 people) in .. subproject communes will be affected; of which 124 households is Khmer .

-, Total permanent acquired land area is 171,653m2; temporary acquired land area of 89,908m2; total affected houses and business shop is 9,813m2; total loss area of auxiliary structures is 2,520 m2, cement yard is 1,367m2, drill wells loss is 22 pieces; 4 earth tombs, 19 constructed tombs and I temple will be affected; total annual crop land area affected was 152,800 m2; total number of fruit trees affected was 12,799 and timber tree was 19,838.

.. - The description of land, structures, crops and trees, which will be acquired, is presented the

following summary table:

Table 1: Summary of losses of affected households -----No. Type of loss Unit Vinh Loi district

A Total affecfer households hhs

B Permanent land loss area 171,653

I Residential land m2 68,892

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2 Garden land m2

3 Agricultural land m2

4 Aquaculture land area m2

C Structures and architectures

1 Permanent concreted roofing house m2

No. ofhouseholds hhs

2 House category IV, bricklaying wall,

m2brick paved foundation

No. of households hhs

3 Metal roofing house, metal wall and

m2cemented foundation


Metal roofing house+ leaf (leaf 4 surrounded and cemented or earth m2

foundation


5 Temporary house/small pub/groceries

m2shop

No. of households hhs

6 Auxiliary structures m2

7 Cemented yard m2

8 Drill wells pcs

9 Temple pcs

10 Tombs pcs

D Crops

1 Annual crops m2

2 Fruit trees Tree

3 Timber trees

~ E Business loss

1.3.1 Land loss area

65,215

23,851

13,695

597

10

2,446

14

2,053

18

3,310

32

1407

36

2,520

1,367

22

1

23

152,800

12,799

19,838

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Land acquisition of affected households for subproject construction includes residential land III..area, garden land, agricultural land and aquaculture area.

Table 2 shown that the permanent land loss area is 171,653 m2, of which: residential land III

area: 68,892m2, garden land: 65,215m2, agricultural land area: 23,851m2 and aquaculture •area: 13,695m2.

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-Table 2: Summary of permanent land loss area

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-District/communes

Total land area (mJ)

Residential land area (~)

Garden land (mJ)

Agricultural land area (~)

Aquaculture (~)

Vinh Loi district 171,653 68,892 65,215 23;851 13,695

Chau Hung A commune

87,209 9,529 50,290 13,695 13,695

Chau Hung town 36,505 12,624 14,925 8,956 0

Hung Hoi commune 1,200 0 0 1,200 0

Hung Thanh commune 46,739 46,739 0 0 0

The temporary acquired land area is used for construction camp for construction workers live

during construction or to be construction material, equipment, storage site etc. Some places for store temporary soil or material discharge before moving to other places

The temporary acquired land areas will not be compensated as permanent land loss, but is

supported to:

(i) To recover initial situation (such as cost ofsite clearance etc.)

(ii) To compensate for loss of production (if this land loss is annual crop land) due to temporary acquisition this land area has not been cultivated. Compensation is equal to average production of crops multiply with average crop (that during the time of acquisition this area can be cultivated) multiply with market price of the product. See more detail in the Table 3.

Table 3: Summary of total temporary land loss area

(Unit: m2)

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District/communes Total land area (m2

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Residential land area

(m2)

Garden land (~)

Agricultural land area (~)

Aquaculture (~)

Vmh Loi district 89,908 10,538 26,375 I 52,345 650

Chau Hung A commune 26,773 9,488 15,315 1,320 650

Chau Hung town 20,020 90 1,200 18,730 0

Hung Hoi commune 31,475 30 2,450 I 28,995 0

Hung Thanh commune 1l,640 930 7,410 3,300 0

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1.3.2. Structures and architectures affected

The temporary and permanent land acquisition for subproject construction will impact on structures and architectures on the affected land.

These structures and architectures constructed on residential land area of construction work such as sluice system, canal dredging, and dike pavement: the structures loss is houses, auxiliary structures and other architectures.

Losses of houses include (i) Permanent structured house (cement flat roof): 596.5 m2; (ii) House category IV (semi-permanent structure) with tole roof and granite flooring tile 2,446.1 m2; (iii) House with tole roof and walls; concrete floor: 2,053 m2; (iv) House with tole roof and with walls of Mangrove palm: 3,310 m2; and finally (v) Temporary house/small pub/groceries shop: 1,407 m2.

Table 4: Summary of house losses by type in affected communes

Pennanenl House category House with

TemporaryIV with tole House with tole tole roof and

Total structured

roof and roofand walls; with walls of house/small

house (cement pub/groceriesDistrict/com flat roof)

granite flooring concrete floor Mangrove shop

mune tile palm

HH area HH area HH area HH area HH area HH area (m2

) (m2 ) (~) (m2

) (m2 ) (m2

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Vinh Loi 110 9,812.6 10 2,446.1 18 I 2,053 32 3,310 36 1,407

district

ChauHung 54 6,705.5 6 325 10 2,022.7 12 1,623 21 2,440 6 294.8

A commune

Chau Hung 35 2,576.3 4 27L5 J 317.76 6 430 II 840 II 717

town

Hung Hoi 1 30

commune 0 0 0 0 0 0 1 30 0 0

Hung Thanh 20 500.8 0 0 1

commune 105.6 0 0 0 0 19 395.2

The auxiliary structures, which will be affected by sluices, bridges constructing and canal

dredging consist of kitchen (726 m2), temporary stables (1,705m2

), boat keeping house (67

m ), toilet (22 m2), and other auxiliary structures such as drill wells (22 pcs), cemented yard

(1,367 m2\ tomb (23 pcs) and temple (1 unit).

Table 5: Summary of affected auxiliary structures

Commune Auxiliary structures (m2) Otber structures


• III

•• •• •.. ..• •.. .... •II

•..

" • .. •

•• •• •• •.. •• ••

2

-

.....'

-

-

Kitchen Animal keeping facility

House for boat keeping

Temporary toilet

Drill well

Cemented yard ·(m2)

Grave Alters

VinhLoi district 726 1.705 67 22 22 1,367 23 1

Chau Hung A commune

726 1625 50 22 22 1,314 23

Chau Hung town

80 17 53 1

Hung Hoi commune

Hung Thanh commune

At the time of survey, there are no public facilities identified as affected by the subproject. This shall be specifically mentioned in the RAP. For the RAPs that have these type of impacts, responsibilities will be defined clearly for those in charge of compensation.

1.3.3 Crops Loss ..... The crops will be lost on both permanent and temporary land where construction of sluice

system, canal dredging, and dike pavement and bridge take place. The tree and crops loss ..... includes:

a. Annual crop affected:

•• Loss of annual crop land of households include paddy rice, sweet potatoes, beans; vegetables .

The scale of loss has been presented in the following Table 6:

Table 6: Summary ofannual crop land in acquired land area

Unit:ha ------

No. Items Paddy

rice area Bean area

Vegetable area Total

I I Vinh Loi district 2.94 0.04 12.30 15.28

1 Chau Hung A commune 1.5 0 0.09 1.59

2 Chau Hung town 0.5 0.04 12.00 12.54

3 Hung Hoi commune 0.94 0 0.21 1.15


-..

• •

• • • •

• •

4 IHung Thanh commune o o o o

b. Perennial crop affected.

The tree affected includes Jackfruit, mango tec. And timer tree: eucalyptus which has been presented in the Table 7

Table 7: Summary of fruit tree loss

Unit: tree

Items Jackf ruit

Mango

Coco -nut

Banana Papa

ya

Jamai ca

cherry

Grap efruit

Star fruit

Persimmon

Lime Tama -rind

Star apple

VinhLoi district

439 927 1800 9157 10 204 67 112 10 6 51 16

Chau Hung A commune

427 502 964 340 10 200 10 110 10 6 0 0

Chau Hung town

0 340 654 6565 0 4 57 2 0 0 51 0

Hung Hoi commune 0 4 6 150 0 0 0 0 0 0 0 0

Hung Thanh commune

12 81 176 2102 0 0 0 0 0 0 0 16

Table 8: Total loss of timber tree and tree with leaves used as roofing materials

I No. Items Eucalyptus

Ceiba pentandra

Bamboo Leaf

Unit Tree Tree Tree m2

I Vinh Loi district 13,954 1,814 2,639 1,431

1 Chau Hung A commune 8,230 49 1,249

2 Chau Hung town 4,329 1,790 182

3 Hung Hoi commune 90 0 0

4 Hung Thanh commune 1,305 1,814 800 0


• lit

•.. .. •

It• •III

"•

'"• •.. •.. .,• •.. ••

••

1.3.4 Impact on house due to land acquisition

Total of 110 households are affected, 103 of household whose house affected but the

remaining area can construct another new house, 7 households is require relocating to other

place, because they lose all houses and the remaining land is not enough to construct new -house.-The options for relocating:

Relocate in the same site of remaining residential land: The remaining residential land

area after being acquired is still large enough to construct new house and auxiliary

structures. In this case, these households will be compensated to construct new house and

auxiliary structures on the remaining land area and be supported for relocation. There are

103 households following this case.

Relocate In same site but in garden land: The residential land area and house with other

auxiliary structures have been acquired but the garden land is still large enough to

construct house and auxiliary structure. In this case the garden land is permitted to change

into residential land and the affected will relocate in that land. In addition to

compensation for the loss of residential land, fee for changing land use purpose are also

supported by the project.

Relocate to another site: In case remaining residential land area is not large enough for - "same site relocation" as mentioned above, the affected households will be compensated

in order to buy new and construct house in other place or to relocate in resettlement area

which is established by subproject and these households will be entitled to income

restoration programs. There are 7 households falling in this case and they need relocating

in other place. Names of these households will be reported to CRC and DRC, and a new

resettlement site for them will be decided during DMS process.

1.3.5 Impact on business -.. The implementation of subproject will bring adverse impacts on livelihood of local people

like their shop will be demolished or will not be operating well; or the construction operation

will cause difficulties in transportation and trading .... These are potential risks to business and

production and thus impact on livelihood of local community in the subproject area. The -• -

direct impact to livelihood is the demolitio,n of the shops in the subproject area .

In case of business shop loss compensation (according to po ticies on house loss), they will be

-.. supported for income loss during relocation time. This support is equal to income from the

shop during relocation time or follows the agreement between Viet Nam Government and the

.. World Bank

According to the survey, 9 households lose their business shops (where people live and doing -• Mekong Delta Water Resources Management for Rural Development Page 20

--

••business); However, those 9 affected households only lose a part of their shop (grocery

shops), there is no impact on their business, they will be entitled to compensation in cash for

relatively affected area and cash compensation equivalent to the average of daily income rate .." multiplied by the number of days ofbusiness disruption. • 1.3.6 Severely affected persons by land and asset's acquisition • According to RPF of the project, severely affected persons are PAPs who means the project affected household that will due to the project (a) lose 20% or more of their total productive land, assets and/or (b) have to relocate. For vulnerable household, losing 10% or more of its productive land or assets is considered as serverly affected household.

•The results of EOL shows that, in the subproject area, there are 13 households losing 20% or .. more productive land (all of the land are annual crop's land), 110 households have to relocate their houses of which 7 require relocating in another place. In summary, there are a .,total of 123 severely affected 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 and policies of Government and province. The RAP identifies • people affected by the subproject, the nature and degree of the impacts on them, measures ., taken to minimize the effects and compensation and other assistance to be delivered to project affected people for unavoidable impacts • The RAP has been prepared on the basic of the following:

- Go V policies on resettlement and compensation < , "•- WB policies on involuntary resettlement OP 4.12

- RPF of the project tIf - Decisions of Bac Lieu PPC on resettlement and compensation policies applied in Bac

Lieu territory • - Basic design - Site survey in subproject area • - Estimate of loss and survey on socio-economic situation . .'•- Community consultations and discussions with all Project affected people.

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

II. SOCIAL ECONOMIC ASSESSMENT " iii

.2.1 Social economic profile •A socio-economic survey has been done at the affected households in the subproject area (more than 20% of affected households) to collect their socio-economic data, including data • on key indicators such as households' members and labours, age, gender, education level, occupation, income. The purpose of the socio-economic survey is to provide baseline data • on PAPs to assess resettlement impacts, and to be sure proposed entitlements are appropriate. • It is also to be used for resettlement monitoring. .2.1.1 Head of household by gender and age •


••

--

...,

-178 heads of households are male and 32 are female in total of 210 households who are - involved in the survey; 143 household heads are in the age from 18 to 55, who are in working

age. This group is paid more attention because they are head of affected households and who

generate main income of the family. Household heads with age above 55 (over working age) ....' are 67 persons.

Table 9: Household characteristics by gender and age

Ages Male beaded bousebold (hh)

Female beaded housebolds (hh)

Total

(hh)

Percentage (%)

18 to 30 34 I 35 16,7

31 to 55 97 11 108 51,4

56 to 70 43 16 59 28,1

Above 71 4 4 8 3,8

Total 178 32 210 100

...."

-2.1.2 Household size and member in household

There are 52 interviewed households having 4 or below 4 members (accounts for 24.74%), 146 households having 5-7 members in family (accounts for 69.02%), and 12 households having from 7 to more than 7 members. All are living mainly in Hung Thanh commune and Chau Hung district town

There are 955 people in 210 interviewed households of which female is 486 (accounts for 50.9%) and male is 469 (accounts for 49.1 %)

-. Table 10: Number of member in the family

Unit: person

.. --• .. -

District/commune Surveyed

households Population Male Percentage Female %

Vinh Loi district 210 955 469 49.1 486 50.9

Chau Hung A commune 40 176 84 92

Chau Hung town 62 260 146 114

Hung Hoi commune 26 123 67 56

Hung Thanh commune 82 396 184 212


• •

• • • •

• •

• •

.. •

2.1.3 Education background of household's head

The education background of household heads has been presented in the table below: •• Table 11: Education background of affected household head

I Education background Illiteracy Primary school

Secondary school

High school

i Vinh Loi district 3 116 67 24





•.. •Ii •

The table 11 shows that total number of illiteracy household heads are 3 (accounts for 1.5%), .. number of households head who finished primary school are 116 (accounts for 55.38%),67

household heads completed secondary school (accounts for 32.48%) and number of ••households head who finished junior school are 24 (accounts for 12.14%).

2.1.4 Children in the school age

Total children are in the school age of210 affected households are 489 children are going to

the school. The boys are 248 (accounting for 50.7%); and girls are 241 (accounting for

49.3%). •Ii

Table 12: Numbers of children in the school age of affected households

Unit: person

District/commune Surveyed No. children in Boy Girl

Vinh Loi district households school age No. % No. %

Chau Hung A commune

40 71 37 34



Hung Thanh commune

82 220 116 104

till

•


••

.. l1li

-.. -. ..

-

--

-•

---

1Total 210 489 248 241 49 315~'1 1 • 1

2.1.5. Living condition of affected households

The survey result shows that 176 households are using drill well, 26 households using taped water (all are located in Chau Hung district town); 8 other households using river and stream water sources. These households live in 2 communes namely Hung Thanh and Hung Hoi.

Table 13: Water utilization of affected bouseholds

No. District/town Housebold

Water use situation

Tap water Drill well River stream

water sources

I Vinb Loi district 210 26 176 8

1 Chau Hung A commune

40 0 39 1

2 Chau Hung town 62 26 36 0

3 Hung Hoi commune

26 0 23 3

4 Hung Thanb commune

82 0 78 4

In addition, number of households who use unqualified toilet is high (80 households) and there are only 130 households who have qualified toilet.

All households can access to electricity. The power for cooking is mainly wood (140 households), 70 households use gas .

Table 14: Energy utilization of affected households

No. District/town Household

Types of energy utilization

Lighting Cooking

Electricity Others Gas Wood Others

I Vinh Loi district

210 210 0 70 140 0

1 Chau Hung A commune

40 40 0 4 36 0


-

2 Chau Hung town 62 62 0 58 4 0

3 Hung Hoi commune 26 26 0 2 24 0

4 Hung Thanh commune 82 82 0 6 76 0

In term of public services, all households can easily access to these services including school, health care and market. ..

2.1.6 Land use rights and asset ownership

There are 210 households being interviewed in the socio-economic survey, of which only 7 households do not have land use right certificates, 58 households are in the process of applying for them, while other 145 households already have them.

Table 15: Land ownership situation of affected households

District/commune

Land ownership situation

TotalNo land use right certificate

In the process of applying

for certificate

Land use certificate

Vinh Loi district 7 58 145 210





2.1.7 Income level of affected household

In general, the income of3 communes and one town in the subproject area is in medium level (main source of income is from agricultural production); 3 households out of 210 have income of more than 10 million VND/month (accounts for 1.4%), 54 households have income of more than 5-10million VND/month (25.7%).

The number of household who have average level of income from more than 2 to 5 million 'VND/month is highest and is 122 households (accounts for 58.1%), this is medium income level of households; Number of household who have income level below 2 million VND/month are 30 households (accounts for 14.3%) these households are in the thresholds of poor and poor, however some households have only 1-2 members thus this income is medium level.


.. • .... .. • •• ..• •.. •Ii

..• •.. til II

.." •III

•.. .. ..

•• •.. •..

Table 16: Household income by commune

-

-

-

Income by month (1,000

VND) Total Percen

tage%

Vinh Loi district

Chau Hung A

commune

Chau Hung town

Hung Hoi commune

Hung Thanh

commune

< 1,000 5 2.4 3 0 1 1

1,000 - 2,000 25 11.9 3 7 5 i 10

>2,000 - 3,000 55 26.2 5 23 5 22

>3,000 - 5,000 68 32.4 17 18 7 26

>5,000 - 10,000 54 25.7 12 12 8 22

> 10,000 3 1.4 0 2 0 I

Total 210 100 40 62 26 82

-. ....,

2.1.8 Main occupation of household's head

The main occupation of 210 interviewees is agricultural production, accounting for 91.8 %. The number of household who are doing non-farm job are 2 persons in Chau Hung town; 1 head of household is government officer, 14 other are working as hired labour (who used to have land but transfer to others or households who move from other places) .

28 women headed households out of 32 have main job of agricultural production (accounts for 87.5%); 3 other persons are petty trading (accounts for 9.3%) and 1 is government officer who live in Hung Hoi commune; neither woman headed household does non-farm job nor works as hired labour.

Table 17: Main occupation of affected household's head

-•

•-,.. -.. -

Income

Agriculture Hired labor

Gov . Officer

Small business

Non-fann Others

Qty.ofHH Qty.of

HH Qty.ofHH Qty.ofHH Qty.ofHH Qty.ofHH

Rate (%) 91.8 6.7 0.5 1.0

Total 193 14 1 2

ChauHung A commune

40


-•

-

III •

••ChauHung 2 •54 6 town

Hung Hoi •21 4 1 commune

Hung Thanh •II78 4

commune

••2.1.9 Labor division by sex

According to table of labor division by sex, women are involved in agriculture and non-farm •" activities. However women have to shoulder housework much

cooking, cleaning house, washing.

Table 18: Labor division by sex

Type of work Botb (%)

Male (%)

Female (%)

Agriculture 69 ; 14 17 Gardening 43 21 36 Animal raising 21 18 61 Petty trading 32 47 21 Hired labour 36 48 16 Cooking 13 16 71 Cleaning 12 9 79 Washing 14 10 76 Meeting 48 23 29 Training 37 21 42 Participation in local organization 42 36 22 Decision making 32 48 20

2.1.10 Vulnerable groups

more than men such as:

".. ..'" •.. ..• •III "•

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 III 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 II..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 socio-economic conditions.

III

.. III

Mekong Delta Water Resources Management for Rural Development Page 27 .. •..

-, -

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).

Total number of vulnerable household is 175 households, of which Ethnic minority households are 124 households; Poor households under MOLISA classification are 66 households, of which 15 households are ethnic minority households (Khmer group, these - households are already counted under ethnic minority).

Table 19: Number of vulnerable groups

-.

--

District/commune PoorHH Ethnic

minority HH

Chau Hung A commune 11 28

Chau Hung town 19 5

Hung Hoi commune 13 89

Hung Thanh commune 23 2

Total 66 124

'. 2.1.11 Expectation of compensation and support for livelihood restoration

Alternatives for compensation: There is only 1.8 % of 210 interviewed households have - expectation of land for land compensation, instead of cash compensation, most of them having small affected land area. -


--

• •

83.2 % of affected household want to have cash compensation, because they have only small area of land loss, it has not been affected to their business. So the easiest way is to receive compensation in cash so that they can use for different purposes to generate their income

. There are only 15 % of affected persons do not have any idea on compensation is cash or land.

However, the consultants found that there is no agricultural land bank for land for land compensation for affected households.

Table 20: Alternatives for compensation

Alternatives Percentage 0/0

Land for land compensation 1.8

Cash compensation 83.2

No decision yet 15.0

Total: 100

Alternativesfor resettlement: 97.3 % (107 households) out of total 110 households select the

option of cash compensation, of which 10.8% has chosen that because they still have another

house, 77.9% have other land for construct new house and other 8.5 % of households want to

receive compensation in cash to implement their livelihood restoration.

Only 3 households, accounting for 2.7%, want to relocate to new resettlement area.

Table 21: Percentage and alternatives for resettlement

Alternatives Rate (%)

Receive in cash compensation and relocate by themselves 97.3

Owning other house outside affected area 10.8

Remaining land is enough to build other house 77.9

Cash compensation and buy land by themselves 8.5

Relocate to resettlement area of subproject 2.7

Total: 100

Alternatives for income restoration: Many affected persons have selected support in

agricultural extension techniques option, meaning they expect to continue agricultural


•• .... •.. .,.. .,.. ".. .." ..• •III

".. •iii •• •.. .. • .. l1li

•..

- activities after receiving compensation. There are 63 households out of 210 households

selecting this alternative, accounting for 30.1 %. The second alternative is getting loan/credit

"'1 to develop their production, and 52 households select this alternative, accounting for 24.6%;

45 households (21.4%) select the next alternative is receive cash compensation and self

.... relocation (see more detail in the Table below)

Based on the selection of income recovery of affected households and agreement during

- consultation meetings with affected households, the plan on income recovery plan after land

acquisition to the subproject construction has been made.

Table 22: Income restoration alternatives of affected bouseholds

-

Alternatives Rate (%)

Compensation in time 16.0

Occupation training 3.5

Loan -credit 24.6

Support in breeds ofseeds 4.5

Support in agricultural extension techniques 30.1

Cash receive 21.4

Total 100

..

Plan of compensation utilization: During the survey, question on plan of using

compensation to affected households has been asked. Below table indicate that the plan of

using money from compensation is focusing on house repair (accounts for 31.4%) because

the people in Mekong river delta often have temporary house so people want to repair the

current house; the next desire is to use money for school expenses of children 21.6%; Other

20.6% want to save money to the bank; number of households who want to use money to buy

property is 17.1 % and other 1.08% want to invest in small business; One of typical

characteristics of Mekong River Delta is household often own a larger area of agriculture

land so the number of PAPs opt for receiving money to buy land is low. Consequently, there

is only 4.5 % of PAPs selecting this option.

- Table 23: Plan of compensation utilization of affected households

-Options Percentage

Construct or repair house 31.4


-

Buy land 4.5

Buy property 17.1

Invest in small business I.l

Saving 20.1

For school expenses 21.6

Healthcare 4.2

" •

•.. .. Ii

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 Resources Management for Rural Development" 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.

(i) The principal Vietnamese laws and regulations:

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

•.,• 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 Itresettlement 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 of the 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 1712006/ND-CP, dated 27 January 2006, relating to amendment and !III'

additions to Decrees 181 and 197 above.

25th •• Decree 8412007/ND-CP, on May 2007 on supplementary regulations on granting land use certificate, orders and procedures for compensation, assistance If..and resettlement when the State acquires land and settling complaints on land.

• Mekong Delta Water Resources Management for Rural Development Page 31 .. ....

... • Circular 06/2007ITT-BTNMT, dated 15 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 145/2007ITT-BTC, dated 6 December 2007, of the Ministry of Finance guidelines to executing Decree 123 of the Government and replacing Circular 144 ofMOF on guidance of executing Decree 188/2004IND-CP.

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

-. • Circular 14/20091TT-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 11612004/TT-BTC, of the Ministry of Finance guiding on executing Decree 197/2004 ofthe Government.

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

Other laws, decrees and regulations relevant to land management, land acquisition and resettlement include the Construction Law 1612003/QHl1, dated on 26 November 2003, on construction activities, rights and obligations of organization and individual investing in civil works construction and construction activities; Decree 182/20041ND-CP on penalties for administrative violations in land issues, Decree No. 12/20091ND-CP dated 12/2/2009 on the - management of construction investment projects and replacing Decree 16/20051ND-CP and Decree 112/2006/ND-CP on management of construction investment projects, Decree 13112006IND-CP, on the management and use of Official Development Assistance (ODA), and Decree 70/2001IND-CP, on detailed regulations of marriage and family Law implementation, stipulates that all documents registering family assets and land use rights must be in the names of both husband and wife; Decisions of project provinces relating to - compensation and resettlement in provincial territory will be also applied for each relevant 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 respectively.

- Decrees relevant to protection and preservation of cultural property include Decree No. 186/20041ND-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.

-Mekong Delta Water Resources Management for Rural Development Page 32 --

• •

.. • •

With the promulgation of Decree 69/2009/ND-CP dated 13 August 2009 of Vietnamese • Government regulating additional land use plan, land prices, land acquisition, compensation, assistance and resettlement, policy and legal framework of Vietnamese Government on •..resettlement is consistent in most respects with the principles ofWB's policy.

Beside Gov's laws and regulations, Bac Lieu province released legal documents to guide •utilization of Gov's regulations on land acquisition, compensation and resettlement in Bac .. Lieu territory. The following Decisions promUlgated regulations for compensation, assistant and resettlement when Government acquires land on the territory of Bac Lieu province:

•lit

• Decision 0412010/QD - UBND dated 5/3/2010 of Bac Lieu PPC regulation for compensation, assistance and resettlement when the Government acquires land on Bac Lieu territory. •II• Decision 25/2009/QD - UBND dated 22112/2009 of Bac Lieu PPC regulation for price ofland in 2010 on Bac Lieu territory.

• Decision 824/2007/QD - UBND dated 4/12/2007 ofBac Lieu PPC promulgated the •Itunit price for compensation of categories of structures when the Government acquire land on Bac Lieu territory

(ii) World Bank Policy on Involuntary Resettlement (OPIBP 4.12) .." The OP 4.12 aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of ..• displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation IIf and other resettlement measures to achieve its objectives and requires that borrowers Ii prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects. .." For preparation and implementation of activities involving land acquisition, compensation, relocation, and restriction of resources uses, the policies require close II consultation of the affected population and appropriate mitigation of the potential

• II. ..negative impacts given special attention to ethnic, gender, and other vulnerable group

issues. The policies also specifY the need for information disclosure, monitoring and evaluation, and ensuring adequate budget and capacity of the agencies. The main objectives and principles ofthe policy on involuntary resettlement are as follows:

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

b) All Project Affected Persons (PAPs) are identified in the Project impacted areas as of lit 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 ..

Mekong Delta Water Resources Management for Rural Development Page 33 ..

...,'

structures; (ii) agricultural land for land of equal productive capacity acceptable to the PAp1

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

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

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

.... f) The compensation and rehabilitation activities will be satisfactorily completed before

awarding of 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 village land through the approval of the responsible Government Agency, and cash compensation for structures, trees, crops, income loss and rehabilitation assistance will come from the provincial counterpart fund in the Project.

....,

...."

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

iii. Key Differences between Government and WB Policy

...' There is basic difference between Viet Nam's laws and the World Bank's Involuntary Resettlement Policy especially with regard to the entitlement of PAPs with legal and illegal rights/titles.

..

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

Table 24: Key differences between WB Involuntary Resettlement Policy and Viet Nam's legislation

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


--

• •

• •

.."


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: Only registered businesses are 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..

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.

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 equivalent to replacement cost at current market values.

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

All affected businesses are eligible for assistance

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

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 houses and structures without any deductions for depreciation of salvageable materials

All affected businesses are eligible for assistance

+ 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 of lost land at

•.. • III

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II " ....

"II IlII

• III iii

" II

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relocation. replacement cost).

No provision for external External monitoring of the Provision wiII be made for the monitoring. resettlement process by an independent external monitoring

independent and qualified of the resettlement and income institution is restoration t'\l'rOl""'" -

- 3.2 Land acquisition and Resettlement principles

In general, the Land Law 2003 and Decree 197/2004IND-CP, Decree 17/2006/ND-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 69/2009IND-CP providing additional guidelines on land use, compensation, support and resettlement satisfy the most principles and objectives of the

~i

....i

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, the government of Vietnam will approve the RAPF for the project MDWRM-RDP. In this regard the following principles and objectives would be applied for the subproject as well:

(i) Acquisition of land and other assets will be minimized as much as possible;- resettlement of more than 25,000 people will not be allowed unless WB prior clearance is provided.

(ii) A full RAP will be prepared for subproject with more than 200 PAPs based on the - outline in Annex 2 of the RPF . If the number of PAPs are less than or equal to 200, an abbreviated Resettlement Action Plan could be prepared in line with the technical guidelines provided in Annex 2 ofRPF.

(iii) 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. -

(iv) 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

--Mekong Delta Water Resources Management for Rural Development Page 36

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and acceptable to the PAP2 ; (iii) replacement ofresidential and commercial land of equal size with full title and acceptable to the PAP; (iv) and transfer and subsistence

•IIf

allowances.

(v) 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. •..

•IJ (vi) The compensation and rehabilitation activities will be satisfactorily completed before

awarding of contract of civil works under each sub-project.

(vii) 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 II " 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. '*

(viii) Institutional arrangements: The Project Management Unit 10 (PMUI0) under MARD and Provincial Project Management Units (PPMUs) would be responsible for coordinating with Central Project Office (CPO), Provincial Resettlement Committees ..(PRCs), District Resettlement Committees (DRCs) for internal monitoring on IIresettlement implementation. Implementation of the RAP will be regularly supervised and monitored by the PMU 10 and the Provincial Project Management Units (PPMUs) responsible for implementation of the investment activities that involve land acquisition and/or resources access restriction, thus to ensure effective and timely ..'" design, planning, consultation and implementation ofthe compensation program. .,(ix) Voluntary land donation will be conducted on a consensus basis with the community according to the principles and procedures set out in this RPF. Where impact goes .. beyond the threshold of voluntary donation, a separate and standalone RAP (or abbreviated ones) should be prepared to fully comply with the RPF.

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

II (xi) At the beginning of the project implementation, Grievance Redress Committees will

be established from villages to provincial levels built on the existing structures .. consisting of concerned departments, mass organizations, women and ethnic .. representatives.

(xii) 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

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


•III

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implementation of the gender strategy (see Annex 4 of RPF), to ensure that these measures are adequately implemented.

3.3 Compensation and entitlements

Eligibility: All PAPs who are identified in the project~impacted areas on the cut-off date of the Project will be entitled to compensation for their affected assets, and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date will be the final day of the detailed measurement survey (DMS) in the subproject/investment. Those who encroach into the investment area after the cut-off date will not be entitled to compensation or any other assistance.

-

Entitlements: Based on the types of impacts, category of PAPs, and their entitlements the

project will prepare specific entitlements to each category of PAPs following the entitlement

matrix below as appropriate. Following detailed design, DMS and social assessments will be

the basis for determining actual impacts, and replacement cost surveys will be carried out to

determine actual replacement costs and rates and to update this RAP and the entitlement

matrix below.

... Table 25. Entitlement matrix of tbe project

I Type of Losses

.... Permanent loss of productive Land (paddy land, garden land, forest land, and aquacultural land)

..

Entitled Persons Entitlements

Owners with. For marginal loss (less than Land User Rights Certificate (LURC), owners in process of acquiring LURC, owners eligible to acquire LURe and public organizations

20%) ofland: cash compensation at replacement cost which is equivalent to the current market value of land within the village, of similar type, category and productive capacity, free from transaction costs (taxes, administration fees),

Implementation Issues 1

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If the remaining land is total productive land: • For loss of20 % or more of the

not economically as a priority, a replacement land viable, at the request of nearby with equal productive PAPs, the Project will capacity acceptable to the PAP acquire the entire the would be provided with land title or remaining land. The land use certificate without any size of the entire land

. fees, OR cash compensation at holding will be the basis replacement cost in case for providing replacement land is unavailable; replacement land or

,AND entitlement to receiving cash compensation and . rehabilitation and allowance relevant allowances.

package as defined below for severely affected PAPs.

Owners without DRC should work with LURC

• Compensation for land at CPC to identify the

no violation with announced replacement cost if no dispute and

origin of the affected planning. land and the starting

point of land use. compensation, PPC considers for support.

• If not meet conditions for

Users with Residential • With remaining land sufficient • PAPs may Land LURC, or in the to rebuild houses/structures: (i) voluntarily donate

process of Cash compensation at replacement portion of their acquiring LURC cost which is equivalent to the residential land to the

current market value of land of project. However, similar type and category, and free voluntary donation of from transaction costs (taxes, minor strips of administration fees) and (ii) cash for residential land will improvement of remaining only be allowed by the residential land (e.g. filling and Project when the leveling) so PAPs can move back following criteria are and build house on remaining plot. strictly complied with: • Without remaining land (i) the PAP's total sufficient to rebuild residential land area is houses/structures: not less than 300 m2; (i) Replacement land compensation (ii) the strip of land that in resettlement sites or in commune, can be donated cannot with the same area, type and be more than 5% of the category, without charge for taxes, total land area; and (iii) registration and land transfer, with there are no houses, land title or land use certificate, OR structures or fixed (ii) cash compensation at assets on the affected replacement cost which IS portion of land. (iii) the equivalent to the current market project infrastructure is value of land of similar type and not location or site category, free from transaction costs specific. If the location (taxes, administration fees) plus cannot be changed OP allowance for leveling and register 4.12 will apply land.

• II

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User without legal

or legalizable rights

to use land

Temporary Legal user or Use ofLand occupant_.

...

-,-, -

• Partially Affected Houses/Shops and secondary - structures but

• remaining part is viable

Owners of affected houses whether or not land is owned

-• ---

Totally Affected HouseS/Shops , and Secondary Structures (kitchen, rice bins) or partially affected but no longer viable (will require relocation)

Owners of affected houses whether or not land is owned

• Compensation for affected land DRCs in combination through either replacement land or with CPCs identify the cash payment will be at replacement eligibility ofland for cost, however no dispute and no compensation violation with announced planning, otherwise no compensation for land but only support for losses . • If PAPs have no other residence, PPC considers to allocate residential land and rehabilitation and allowance package for PAP. • For agricultural and residential The construction land to be used temporarily by the supervision consultant project, (i) cash compensation but and IMO will ensure should not be less than the that the (i) location and unrealized income and revenue that aligmnent of the could be generated by the property temporary use area will during the period of temporary use have the least adverse of the land; (ii) cash compensation social impacts; (U) that at replacement cost for affected the landowner is fixed assets (e.g., structures, trees, adequately informed of crops); and (iii) restoration of the hislher rights and temporarily used land within I entitlements as per the month after completion of investment project construction resettlement policy; and

(iii) agreement reached between the landowner

and the civil works contractor are carried out. Environmental

Management Plan will specify the procedure.

• Cash compensation at. Adequate time replacement cost for the new provided for PAPs to Houses/Shops, structure with no rebuild/repair their deduction for depreciation of the structures structure or salvageable materials; • Affected houses and rehabilitation and allowance and shops that are no package for PAPas defmed below longer viable are those for severely affected PAPs, whose remaining including housing rent during affected portion are no construction ofnew house. longer usablelhabitable.

• Cash compensation at Reparation cost should replacement cost for the affected negotiated with PAP by part and cost for repairing the DRC remaining part.

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Loss of business

income during relocation or

during dismantling!

repair of affected portion (without

relocation)

Owners ofshops regardless of

whether or not they register

• Cash compensation equivalent to the average of daily income rate multiplied by the number of days of business disruption.

The number ofdays of business disruption and

rate will be verified through interviews with informal shop owners to get an estimate ofdaily

net profit.

Provide customer access to the business and shops to mitigate

disruptions and avoid or prevent closure.

Crops and Owner ofcrops • If standing annual crops are DRC should inform to Trees and trees whether

or not land is owned

ripening and cannot be harvested, cash compensation at market price equivalent to the highest production of crop over the last three years multiplied by the current market value ofcrops • For perennial crops and trees, cash compensation at current market value based on type, age, and productive capacity. • For timber trees, cash compensation at current market value based on type, age and diameter at breast height (DBH) of trees

PAPs at least 3 months before land acquisition

Permanent Villagers or • Compensation at replacement loss of village cost based on its present value for

physical households the affected structures/facilities or cultural reconstruction, reinstallation, if

resources/ required by the owner. public

structures/ village or collective

ownerships Graves Owners ofgraves Compensation to removal of graves

located in the will be paid directly to PAPs, affected areas including costs of excavation,

relocation, reburial, purchasing!obtaining land for relocation of graves and all other reasonable costs in accordance with local rituals.

Electricity Poles

Electricity Companies

Cash compensation for cost to dismantle, transfer and rebuild

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Support for acquired

agricultural land

Eligible affected households

having acquired agricultural land located within

rural resident area or urban area

Eligible affected households

directly cultivate on the acquired agricultural land

and

Additional to compensation for acquired land at replacement cost,

households will be provided a cash allowance, equal to from 20% to 50% of average residential land cost in the project area but supported area is not exceed 5 times ofquota of residential land in locality. PPC will decide specific support levels to apply for its territory.

Beside of compensation for acquired agricultural land, affected households are provided one of two below options: - occupation change/job creation allowance in cash, equal to from 1.5 to 5 times of compensation value of entire acquired agriCUltural land area but not exceed quota of land allocation in locality; OR - a residential land plot or an apartment or a productive/commercial land plot, if locality has land fund. PPC will decide specific support levels to apply for its territory.

Payment should be provided for households one time at the time of

compensation payment.

Payment should be provided for households one time at the time of

compensation payment.

- If labor age members of affected households require vocational training for them, a free training

- course will be provided based on their needs. - An additional allowance for vocational training/job creation is 6

- million VND/time (Decision 04/2010/QD - UBND dated 5/3/2010 ofBac Lieu PPC

Support for garden land

and pond

Households acquired garden land, pond in the same residential

Beside of compensation at replacement cost for affected land, affected households will be supported by cash, equal to from

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

-land plot with houses thereon but not considered as

20% to 70% of price of the residential land plot. PPC will decide level of the support.

residential land Relocating PAPs will be provided Transition Relocating-

--subsistence allowance

households -relocating on residual land or to other sites

-

with cash or in-kind assistance equivalent to 30 kilogram (kg) of rice at current market value for 6 months per household member

- Mekong Delta Water Resources Management for Rural Development Page 42

•.. Severely affected PAPs directly cultivating on PAPs losing 20% affected land and losing: or more of their • From 20% to 50% of their

productive productive land/income will be land/income provided with cash or in-kind

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

Businesses Structure totally Cash assistance for loss of income Affected businesses will households affected and must based on the minimum wage in the be notified 2 months in with non be relocated OR respective province for the duration advance to relocate registered partially affected that the business/income-generation and/or rebuild new business and must be

rebuilt. activity is disrupted.

Cash compensation for affected structures at replacement costs.

structures, so as to be able to continue to operate businesses while resettling.

Registered Structure totally Cash assistance for loss of income business affected and must equal to 30% of taxable revenues of owners be relocated OR

partially affected and must be

rebuilt.

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

Transportatio n allowance

Relocating households - to

other sites

- Support for transfer all old and new building materials and personal possessions by cash:

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Housing rent Relocating households

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

The support should be provided at the time of

compensation.

Severely Severely affected • An additional allowance of The poor households impacts on vulnerable PAPs 30kg of rice per person in the non will be those meeting vulnerable such as the poor poor household. the poverty criteria as

PAPs household (based on MOLlS A

criteria), households headed by

women, the elderly, disabled, landless, and poor

ethnic groups

• An additional allowance of 30kg of rice per person for not less than 3 years and lower than 10 years in the poorest household. • Eligible to participate in income restoration program • The contractors will make all reasonable efforts to recruit severely affected and vulnerable PAPs as laborers for construction

set by MOLlS A identified at the time of DMS implementation.

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

relocating households that dismantle structures from affected land in a timely fashion, in addition to all entitlements

directly to households immediately upon

removal.

IV. COMPENSATION AND RESETTLEMENT STRATERGIES -4.1 Procedures for Payment of Compensation and Allowances

The RCs is responsible for payment of compensation and allowances to PAPs. This will be- done with assistance from commune and hamlet authorities. The procedures to be followed include: -

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

(ii) The RCs and local authorities notify PAPs about the date, time and place as well as -

.' documentation required, for payment of compensation and allowances. Notice is delivered to PAPs at least one week before payment; notification is also posted at commune and hamlet offices. Compensation is paid in each commune.

(iii) At the time of payment, both husband and wife of each PAP should signs a

- compensation document to acknowledge the amount and receipt of payment. Representatives of the PPMU, RCs and commune witness the payment.

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

Mekong Delta Water Resources Management for Rural Development Page 44 ---

.. •..

Resenlement support measurements

The affected households who relocate in the same site; have to move; and the production land is affected will be entiled to following support:

Transition subsistence allowance for households that will be relocating on residual land or to other sites: Subsidy by cash or in-kind assistance equivalent to 30 kilogram (kg) of rice .. at current market value for 6 months per household member. • Severely affected PAPs losing 20% or more of their productive land/income: Households who are directly cultivating on affected land and losing: !..

- From 20% to 50% of their productive land/income will be provided with cash or in-kind assistance equivalent to 30 kg of rice at current market value for 6 months per household member ifno relocation, 12 months if relocation, and 24 months if relocation to sites with harsh socioeconomic conditions.

- From more than 50% to 70% of their productive land/income will be provided IIIwith cash or in-kind assistance equivalent to 30 kg of rice at current market value

for 9 months per household member if no relocation, 18 months if relocation, and i 24 months if relocation to sites with harsh socioeconomic conditions

- From more than 70% of their productive land/income will be provided with cash or in-kind assistance equivalent to 30 kg of rice at current market value for 12 "•months per household member if no relocation, 24 months if relocation, and 36 months if relocation to sites. " Transportation allowance: for households that will be relocating to other sites: Support for •

transfer all old and new building materials and personal possessions by cash with maximum of5,000,000VND/relocating household. •.. Severely affected vulnerable PAPs such as the poor household (MOLISA criteria), or households headed by women, the elderly, or disabled, and ethnic groups:

+ An additional allowance of 30kg of rice per person in the non-poor ..• household.

+ An additional allowance of 30kg of rice per person for not less than 3 years and lower than 10 years in the poorest household. ".. + Eligible to participate in income restoration program

+ The contractors will make all reasonable efforts to recruit severely affected and vulnerable PAPs as laborers for construction. " •

Relocating households: Cash bonus up to a maximum ofVND 5,000,000 per household for relocating households that dismantle structures from affected land in a timely fashion, • in addition to all entitlements. •

4.2 Income Restoration Strategies .. As analysis in previous parts, many affected households (69 households, accounting for .. 30.1 %) have selected option in agricultural extension technique assistance. So income restoration will mainly focus on agriculture sector. Opportunity to switch careers is difficult because people do not focus in changing careers.

In addition to compensation, opportunities for affected households to receive more benefit from project (better irrigation water, access to water/sanitation services, agricultural extension trainings, access to agricultural inputs ... ) will be provided, where appropriate .. Mekong Delta Water Resources Management for Rural Development Page 45 • ....

-- The results of public consultation on the aspirations of people and ideas from the technical

agencies, the plan to support livelihood recovery activities include the following:

Cultivation

Focusing on the introduction of new varieties and production techniques to improve productivity of food crops contribute to ensuring food security. Expanding the model of crop

1~-9 production and aquaculture are of high economic efficiency in the district which can be mainstreamed in the project as (Rice-Shrimp, Rice - Fish - Secondary crop) for households.

The result of project implementation of Rice - Fish - Secondary crop in Vinh Loi district, in September 2010 District Agriculture and Rural Development Division is summarized as follows:

Models of rice: production costs tllha: 8,726,000 VND

o Income per 1 ha: 17,040,000 VND

o Profit on 1 ha: 8,314,000 VND

Fish farming: production costs per hectare: 4,632,000 VND

o Income / ha: 7,052,500 VND.

o Profit / ha: 2,420,000 VND

Models crops (pumpkin): Cost / ha: 13,950,000 VND

IfIIoiI o Earnings: 32,182,400 VND

- o Profits: 18,232,400 VND

Table 26: Support in agricultural production

-

------

No. Activity ImpIementamn

medtod Scale Duration 0IJire incharge O&(VND)

1 .P!diy dem<nstniion rn<:d:l

Applying new rice variety inthe remaining land area

3ha 2012-2013

District DARD andagricuIIuml extension station

21,678,000

2 Sluimp demonstration mcdel

AppIyingmodels ofRice. Slnimp in the low yield rice field

2ha 2012-2013

DistrictDARD and agriculturnl exlensionstation

9,264,000

3

Rioo-fishsecondary crop demonstration

ApplyingmOOels ofRioo- Sluimp inthe lowyield rice field

20ha 2012-2013

DistrictDARD andagricultuml extension station 27fXJ.),000

mcdel

TOOlI 58,842,000

• Animal husbandry -• -


-

• •

Table 27: Support in animal husbandry

No. Activity ImpIemenfaOOn method SatIe Duration 00icein charge Cost(VND)

1 Cow fur ~& reef

Suwortfur bJying pigletbygroup

10 pigle1s

2012-2013 District DARD andDistrict Veterinm) Station

100,000,000

2

D;welql'i!lJW Suwortfurbuying In'OOsat1he fust time furthose who want to raise~

10 HH

2012-2013

District DARD andDistrict VeterinaryStation

1,5000,000

3

Applying<:la& ~pig

Suwort furbuying In'OOs at1he fust time furthose who want toraisepig)

10 HH 2012-2013

District DARD andDistrict VeterinaryStation

7,000,000

4

Fish rearing Give loanfur :fish rearingand fish ~fur houseOOJd

10 HH

2012-2015 DistrictDARD andagricultural extension station

36,000,000

TOOd 158,000,000

Detailed Cultivation Component

Planting component will be carried out by DistrictDARDandagriculturalextension station ofVinh Loi district. During the implementation they should cooperate with the commune officials, village to identify the beneficiaries and a specific plan for each item.

District DARD and agricultural extension station will provide sufficient material for producing such varieties of crops such as high-yielding upland rice, hybrid corn, soybean right type, quantity, quality and the variety of fertilizer from the time such services have been identified for farmers in the form delivered directly to households to take delivery records.

Extension staff at district level and commune level (if any) will direct the implementation of the households in the area of the household, from soil preparation, fertilizing, sowing, care, pests control in each stages, harvesting and post harvesting.

During the implementation of cultivation sector, the households should the cost of labor and other items necessary to conduct development of the model.

For cultivation component, the subproject will support to the beneficiary within 2 years. First-year, project supports the entire seed, supplies, fertilizers, pesticides. Second year project supports only technical assistance, households must spend their own money to buy seeds and agricultural materials.

Detailed Animal husbandry component

- Big cattle raising: The project will support the capital grant for the beneficiary in the area to buy cattle breeds. Standard breeding cows is at least 12 months old, have fertility and maximum cost not to exceed 10 million per breed


.. • .... .. ..

..II ".. .. II .... ..III .... •III

••

.... .. • .. iii

.." .. •

-

District DARD and District Veterinary Station will be directly involved in supporting the breeding programs (techniques and veterinary). To ensure the quality ofthe breed, the district veterinary stations will be coordinate with households to find and select breeding cattle to suit local conditions and aspirations ofhouseholds.

Animal breeding in the form of household groups, every three households will raise just one

- cow. The beneficiary will be defined by District DARD and local authority at commune level, the priority will be given to poor households and households who have less animal

- . When breeding cows, calves will be permanently owned by farmers who raise the cow in the first year and the cow will be transferred to the second households after the small can live independently, at least 6 months old. After the animal raising group has a calf, cow will be owned by the community, district DARD together with commune leaders will select the poor households and the household who own less animal will receive this cow.

Along with the big cattle breeding program, project will also support farmers growing grass for livestock development, to ensure enough food for cows in captivity. Projects do not support stable supplies for households. Pens to be done before receiving breed

- Small cattle raising: including hybrid pigs and other livestock.

District DARD and District Veterinary Station will be directly involved in breeding programs supported of households through technical assistance and livestock breeding and veterinary. Responsible officials in this task have to build specific plans for each village based on the time and scale has been established in the plan. Projects do not support stable supplies of households. Pens to be done before receiving seed

For households who raise reproduction sow: The project will fully support fund to buy breed and feed for pigs within 9 months. To ensure the quality of the breed, the district veterinary stations will contact with reputed pig breeding centers t to purchase breed, the breed weight to achieve at least 10 kg or more, no sick is characterized by a good breed. Price not more than 1 million per sow.

...., Raising forms: each household in supported program will be provided a breed and feed pigs within 9 months; from month 9 onwards the cost will be shouldered by the household. The project will support technical and animal husbandry and veterinary services within 2 years. Those households who received cattle will not be supported in this category.

Projects do not support stable supplies for households .Pens to be done before receiving seed

For households who raise hybrid pigs: The project will fully support fund to buy breed and feed for pigs within 6 months. To ensure the quality of the breed, the district veterinary - stations will have to contact the National Center pigs. In the least amount of breed should reach 10 kg or more, no disease is characterized by a good seed. Price not exceeding five hundred thousand per breed. -

--, Raising forms: each household in supported program will be provided Fl hybrid pigs and

food for 6 months; from month 6 onwards the household will have to shoulder the cost of feed. The project will support technical and animal husbandry and veterinary services within - 2 years. These households who received cattle, pigs will not be supported in this activity

Projects do not support stable facility for households .Pens to be done before receiving seed

- Training component

-Mekong Delta Water Resources Management for Rural Development Page 48--

The training program will last for two years. Each year a class with topics that has been set up in the plan. Thus each topic will be minimal training 3 times. The training program will be held for all households in the village, the household may participate depending on preferences, one person per household. Each session will be held a day of both theory and practice. The training program will be developed specifically for each kind of breed and seedling varieties that have supported by the project.

The training will be held at the village with 1 day per class. For training on planting techniques, training programs must be implemented before the season started at least 10 days. Technical training on livestock extension, the extension staff must make arrangements with the Minister of Tourism and the village head to determine training date. District extension officers are directly to compile and teach farmers. The project will support 10,000 VND / person / day for participating training.

The field- workshop will be held on the field during harvest time to introduce to all households in the more techniques. Funding support to attend the workshop is 10,000 VND per person per day.

,

Table 28: Support for technical training for farmers

No. TraiokJg c:oofmt M~

No.of ~

Dumb Oftioo incharge Estirnak'd cost (VND)

1 New ~of rlcea.Ut.Mtim

Provid::trainingand dirroJya:ndninlre fields

2 ems 2011-2012 DSrid:DARD andagrirultual extm;imstmim

2,190,000

2

Tedlnkjuesof saxnhyaq> rultivatim ~)

IroviJetrainingand dirroJya:ndnin Ire fiekls

2ems 2011-2012

DSrid:DARD andagrirultual extm;imstmim

2,190,000

3

Tedlnkjuesof animal huhniy, shimp and fish rearing

Provid::trainingand dirroJy cmh:tat lKxBfuld

21 cIas<; 2011-2012

DSrid:DARD andDS:rict Vetainary Statim

2,190,000

Total 6,570,000

•• •.. .." " ..

•II

".. II•

".. .... ill " III " .." " 4.3 Recovery solution for public infrastructure works •

For public facilities damaged as the electricity system, the system of village road, the travel .. system ... For this structures, the subproject agreed to pay cash compensation to recover • under the general planning of the locality. Location and scale of construction works will be ..III approved by the competent authority.

• Mekong Delta Water Resources Management for Rural Development Page 49 ..

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.' 4.4 Gender strategy

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

Based on the gender strategy proposed in the RPF a specific gender strategy should be established and implemented during project implementation as follows:

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

(ii) Consult SUbproject affected households about proprietary arrangement will ensure that ..' women (including women who own their family and is a member of family) have correct knowledge with their selections and obligation; and women's opinions are reviewed is make decision ..

(iii) The payment of compensation will be signed by both wife and husband or woman who owns their family.

(iv) Subproject construction contract includes gender equal commitment: i) ensure not to

- use child and illegal labour as labour force; ii) not distinguish, against woman labour; and iii) not pay differently between woman and man.

(v) Resettlement information system of subproject will ensure that all documentation and supervisor won't concentrate on gender.

-..' Women who own their family are affected as well as members of subproject committee will

be encouraged and supported in participation fully in subproject resettlement plan implement and planning by impact on knowledge, skill and their interest. These activities and resettlement framework aim at creating facility to participation, including:

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

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

-(iii) The affected women and others of local committee will propose their opinion to

indicate social and environment impact of subproject. .. V. CONSULTATION, INFORMATION DISCLOSURE AND GRIVANCE REDRESS -.. Disclosure of information' and consultations is conducted during preparation and

- implementation of subproject to ensure that PAPs and other stakeholders have timely

Mekong Delta Water Resources Management for Rural Development Page SO

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•.. II " information about land acquisition, compensation and resettlement, as well as opportunities

to participate in and express their preferences and concerns regarding the resettlement

program. Representatives of district, commune, ward and/or hamlet authorities in

coordination with resettlement consultants organized meetings and consultation, distributes •information and took other necessary steps to keep PAPs informed. .. Additionally, the organization and people related to land and asset's acquisition and

resettlement including, social organizations such as Framer Union, Women Union, .. Fatherland Front and other related organizations of affected communes in subproject area are " also invited to participate the meetings for information disclosure and consultation on land

acquisition, compensation and resettlement ofthe subproject. '"II S.I Consultations and Information Disclosure during Preparation of Resettlement ,

Action Plan •The purpose of information disclosure is to provide information of impacts, compensation and assistance to PAPs and affected communities. As the mater a fact, due to farmers' limited social relationship and habit of hesitating to talk with authorities, the worries relating to policy are rarely exchanged between local authorities and PAPs. Therefore, participatory rural appraisal approach (PRA) has been applied in all information disclosure and consultation meetings in order to encourage participants (PAPs) to freely speak out their expectations as well as to fully participate in those meetings.

As mentioned above, resettlement consultants have cooperated with local government leaders •II in the subproject area to conduct meetings with all the PAPs to inform and discuss about

potential negative and positive impacts of subproject works, implementation plan of

activities, resettlement, compensation, assistance, process of compensation and specific

policies on compensation as prepared in resettlement policy framework. Document of the

subproject activities also are distributed to the PAPs at the same time in the meetings. "II In case of unclear questions relating to subproject activities or policies, the consultant and

local leaders will directly explained, answered in the meeting at once. Entitlement matrix .. with specific policies on resettlement compensation, assistance are printed out and distributed •

" to PAPs, posted in communes/wards/towns offices and village cultural house in the

iiisubproject area.

Work of EOL have been conducted with the participation of representatives of •..communes/wards/towns, head, deputy-head of villages, mass organizations, and PAPs.

Results of valuation, compensation, assistance, and resettlement (based on entitlement matrix .. and EOL) are calculated by household and distributed to every PAPs. These results will be .. posted in communes/wards/towns offices and a copy will be sent to head, and deputy heads •ofvillages for re-disseminating in future village's meetings. .. 5.2 Consultation meetings

Mekong Delta Water Resources Management for Rural Development Page 51 ".. •..

-5.2.1 First consultation meeting in December 2010

The purpose of the consultation meeting - The affected persons and affected communes are fully, free and democracy informed of Dong Nang Ren subproject information

Inform of RAP preparation plan to affected district and communes

Survey and inventory of affected person by interview format include: The comments on -

o The construction of Dong nang Ren 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 ofaffected household and local authority ofall level:

o The impact of the construction to local people's lives to local - infrastructure, advantage and disadvantages when relocation

o Comments of compensation and proposed resettlement plan

The public consultation meeting was held in the communal areas of sub-projects during

12/2010 b.lil

(i) In the community meetings with the participation of all households in the sub

project area. A total of nearly 600 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 be disseminated during the meeting include: (i) the scope and - purpose of the mini project based on the provisions of the Project on Management

of Irrigation for Rural Development of the Mekong Delta; (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 -- Mekong Delta Water Resources Management for Rural Development Page 52

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•.. •..

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 January 2011 •

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 Dong Nang Ren Subproject policy frame work, (ii) the results of estimated losses .. projected in the unit costs of compensation and benefits, (iii) the procedures for paying

compensation and resettlement activities.(iv) Income restoration plan for relocated ....households

Collect adequate and exact comments of local affected persons, which can create

opportunity for affected persons participate fully in resettlement plan preparation to "II ensure the democracy in development

In the process of preparing Resettlement Action Plan, representatives of district .." People's Committee in collaboration with Consultant of Resettlement, local authorities

organized meetings ofaffected households. .." • Time and place of consultation: consultation meeting with affected persons are

made in January 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 ofthe commune I town in the .. sub-projects. ..

5.3. Result of consultation meeting •At the consultation meetings, the local government and local people, the affected III households have both supported the construction of small irrigation and transportation project ofDong Nang Ren in Bac Lieu province. They said this is a good opportunity for .. people in regions with to develop socio-economic rapidly, particularly creating favorable • conditional for doing business and development services, creating integrated into the general economy of the region. Besides, they want to be fair compensation, transparency III

and support enough to stabilize the conditions of life and income restoration. • Mekong Delta Water Resources Management for Rural Development Page 53 II "

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5.3.1. Impact of dike construction and canal dredging and bridge construction over canal.1IiI1'

Mainly loss of house and residential land area, structures, auxiliary structures, garden, and some business shop.

5.3.2. Livelibood

Development of agricultural production: currently no shortage of productive land, affected households wish to be supported by agriculture extension programs to create

"Ii

new economic growth.

- Livestock in areas are less developed due to lack of funds, lack of farming techniques. ..." The desire of households to be supported with low-interest rate loans to raise cattle (2

cows per household), 3- 5 pigs per household, 30-50 chickens per household. Be trained to prevent and treat disease: avian flu, foot and mouth disease in cattle and pigs.

... - Business activities: The households who are doing business and petty trading want to switch from agriculture to industry and business sales or getting loan to initial investment to build business premises, buying goods, equipment and goods

....' transportation .

- Job switch: some PAHs want their children to take part in vocational trainings and to be employed by businesses, state agencies in the local area or move to city to find employment because they think their children will have a stable job with higher income than agriculture production.

5.3.3. Compensation

- Households agreed to receive compensation in cash for loss of land, buildings, trees ...

- The households also 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 it difficult for them to secure their lives by other occupation.

- Some argued that the government should directly compensate to the affected people, not through intermediaries, but the witness ofthe CRC. -

- - The policy framework for compensation, people are not satisfied if just compensation for loss of trees at present, they said that if the trees are not cut, then they will grow, will be larger than many times the current number of trees.

- The traders are unsatisfactory with compensation and resettlement assistance as the same as agricultural based farmers. They want to be compensated for losses due to stop doing business while waiting for new business establishment and operation. -

5.3.4. Desire for relocation -• - Most people desire to be free to relocate as this would satisfy the conditions of their

requirements such as satisfactory location, close to their relatives. However when the - new house built, the electricity, water supply and public roads are provided to

• individual households.

- - If the resettlement would be arranged by local authority, the affected household want to receive cash to build their house, the resettlement area should complete electricity

• line, water supply, road, health care, education before they move to.

-Mekong Delta Water Resources Management for Rural Development Page 54 •

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• • • •

• •

5.4 Mechanism of grievance redress

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. •

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 •i CPC, in writing or verbally. It is incumbent upon said member of CPC or the village

chief to notify the CPC about the complaint. The CPC will meet personally with the i "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 " i 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 household can elevate hislher complaint to the OPC. i

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.

Third Stage, Provincial People's Committee ..• Upon receipt of complaint from the household, the PPC will have 30-45 days (or 45-60

days if it is in remote or mountainous areas) following the lodging of the complaint to

resolve the case. The PPC is responsible for documenting and keeping file of all

complaints that reaches the same. • Upon issuance of decision of PPC, the household can make an appeal within 30 days. If • the second decision has been issued and the household is still not satisfied with the .. III decision, the household can elevate hislher complaint to the court within 45 days. PPC

will then deposit the compensation payment in an escrow account.

Final Stage, the Court of Law Arbitrates • iii

Should the complainant file hislher case to the court and the court rule in favor of the

Mekong Delta Water Resources Management for Rural Development Page 55 .."

-

-

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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 favor 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. Ethnic minority characteristics

have been considered and efforts will be made to identifY and determine which culturally

acceptable solutions for grievance are.

The affected people are exempted from expenses related to administrative procedures -and legal. The appeal court has the right to be free of cost for filing the application. All

records and 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 fonn 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 ORCs, recruiting external • monitoring agency, supervising, reporting on resettlement issues and managing the project resettlement budget.

Project Management Unit 10 (PMUI0) established in Can Tho under the MARD would be responsible for overall implementation of the project. Under the PMU 10, at eaqh of the 6 provinces and Can Tho Municipality, a provincial project management unit (PPMU) would be established to manage provincial level subprojects.

-• Mekong Delta Water Resources Management for Rural Development Page 56

" II

iThe provincial project management unit (PPMU) established by PPC would monitor and " supervise the implementation of resettlement and land acquisition program. The PPMU will work in close collaboration with the local authorities involved in implementation of "iiiresettlement 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 program, including PAP identification, socio-economic surveys, provision of information to PAP's and administration ofall compensation and related issues.

A training programs for PPMU, PRC and DRC 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 197/20041ND-CP, Decree 1712006/ND-CP on amendment of some provisions guiding implementation of the Land Law 2003 and Decree 69/2009/ND-CP providing additional guidelines on land use, compensation, support and resettlement which will further strengthen the performance and compliance of PMUlO, PPMU, PRC and DRC onRPF. .." People's Committees

The RAP will be implemented by the PCs at two levels (district and village) under the guidance, assistance and monitoring ofPRC. 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 :1 " Provincial People'S Committee (PPC):

• establishing provincial resettlement committee and appointing head of district resettlement committee with assigned responsibilities and tasks, appointing members of Provincial Resettlement Committee and its chairman.

• signing contract with Provincial Resettlement Committee based on cost estimate "..approved by MARD-CPO • 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 ofland for Project • approving land plots to illegally relocated families • • task assignment for districts in province. ..

District People's Committee (DPC): ••DPC will decide the effectiveness ofdetailed compensation and resettlement works.

DPC's are assumed to: .. lit

• appoint members of District Resettlement Committee, its chainnan and assign functional tasks for DRC. •• appoint heads ofvillage resettlement team as required.

• certify land use right applications ofPAP's and their property title. • .. Mekong Delta Water Resources Management for Rural Development Page 57 ..

•..

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• sign contract with PRC for running District Resettlement Committee based on operating cost estimate approved by MARl)..CPO and MDWRM-RD Project. .. • reimburse to CRC and DRC operating costs .

Commune People's Committee (CPC):

• appoint members working in village resettlement team and team leader to work in D RC' s task forces

• sign compensation documents of PAP's ... • receive operation fund allocated by DPC . • organize PAP's information and consultation meetings. • PAP's information and consultation, PAP's meeting arrangement-

Responsibilities of resettlement committees

Provincial Resettlement Committee (PRC) responsibilities: In all provinces resettlement Committees for the Water Resources Project have already been established.

- • coordinating, scheduling, supervising and monitoring RAP activities in respective

- provinces. • drafting compensation rates (to be applied to PAP's in province) .

.... • hold regular meetings to assess progress and modify activities whenever needed . • prepare professional training schedule for project affected adults including,

particularly in-home manufacturing programme for women. - District Resettlement Committee (DRC) responsibilities: • canying out DMS, document and complete survey sheets for compensation (land, property, - trees and crop lost) for all affected families. It canying out replacement cost survey to ensure that project rates for all categories ofloss will

be equivalent to replacement cost at current market values.

- • check and sign compensation documents before forwarding them to RC. • data base management ofPAP's, calculation ofcompensation entitlement • Payment ofcompensation and allowances to PAPs

- • apply to DPC for land use right certificates for relocated families. • training resettlement in villages.

-- • scheduling resettlement activities and reporting regularly (monthly, bi-monthly) progress and issues pending to PRC.

Commune Resettlement Committee (CRC) responsibilities:

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

• working with DRC in DMS and docUIIientation.-• VII. MONITORING AND SUPERVISION

- 7.1 Internal Monitoring for the Subproject .. Implementation of the RPF will be regularly supervised and monitored by the PMU 10 and the Provincial Project Management Units (PPMUs) responsible for implementation of the-

Mekong Delta Water Resources Management for Rural Development Page 58 ---

• •

.. • ..

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. Ii "

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

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 iii h. ensure transition between relocation or site clearing and commencement of civil works

is smooth and that sites are not handed over for civil works until displaced persons have II..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 ofRPF). ...

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

When updating RAP, the RAP outline provided in Annex 7 must be used. Data related to resettlement and 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 ofdata related to compensation.


•..

••

....

-. 7.2 External Monitoring of PAPs

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

..i 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 (DMS forms, compensation documents,) as per agreed RAP; -

(iii) Coordination of resettlement activities with construction schedule; -(iv) Land acquisition and transfer procedures;

(v) Construction/rebuilding of replacement houses and structures on residual ""'" land or to new relocation sites;

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

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

- (viii) Effectiveness, impact and sustain ability of entitlements and rehabilitation measures and the need for further . improvement, as required in the

-sustainable restoration oflivelihood of PAPs;

(ix) Gender impacts and strategy;

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

(xi) Resettlement impacts caused during construction activities;

- (xii) Participation of PAP in RAP planning, updating and implementation;

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

(xiv) Channeling of government funds for payment of land, non-land assets;

• allowances to the displaced persons.

Monitoring of RP implementation will be based on desk review and field visits, meetings with various ministries and local officials, and displaced persons. Separate meetings wilt be - held with women and vulnerable households. -7.1.1 Co-ordination ofPPMU, PRC with EMA

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

Mekong Delta Water Resources Management for Rural Development Page 60--

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

consultations with PAPs. •(iii) Accommodate the EMA to participate in, monitor and receive relevant information •about resettlement activities .,..VIII. BUDGET AND COST ESTIMATES

8.1 Source of Resettlement Funds I...All land acquisition, compensation and resettlement costs of the subproject are taken from provincial counterpart funds of Bac Lieu province (Government budget) .

8.2 Compensation with replacement costs

Compensation rates will be established in each project province, the replacement cost based on market prices. 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 to apply in its territory. Compensation rates will be continuously updated to ensure that PAPs receive compensation at replacement cost at the time of compensation payment. •..

I

Resettlement Consultant conducted replacement unit prices survey in the area of affected communes, 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 ofcompensation.;

•lIP

Replacement Cost Survey was conducted through (i) study of the average revenue for agricultural industries (income generated from land) in the locality, (ii) interviews and surveys of project affected households and non-project affected households and (iii) .,observations and surveys in residential areas. Thereby, replacement unit price is ..proposed for the subproject.

Currently, regulations on compensation unit price and allowances for land, trees, crops as well as architectural objects, houses in Decision 04/2010/QD - UBND dated 5/3/2010 of •II Bac Lieu PPC regulation for compensation, assistance and resettlement when the Government acquires land on Bac Lieu territory; 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 2009, and realized that the market price are equivalent or lower than unit price released by PPC. Prices issued by the province are relatively close to the market prices. •..

• Price is calculated before moving, including tax as followings:

(i) Production land is based on latest market price, if not based on production "•value;

(ii) Residential land is based on latest market price, if not, based on the price of • the same characteristic and location; ..

(iii) House and other related structures are based on market price on maerial,

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labour no deduction of depreciation as well as salvageable material; .." (iv) Annual crops has been compensated equivalent to the highest production in "I~ last 3 years multiply with current market price at compensation time;

(V) The prenial crops is calculated equivalent to current market price of similar_I type, age and production value at time of compensation. ""''''1'

-, (vi) Timber tree is calculated basing on diameter, height, age at current market

price Il101

.' Updated Replacement Cost Survey (RCS) will be done immediately after the results of Detailed Measurement Survey is completed. This aims to enable a comparison between proposed compensation tariffs (based on Provincial People's Committee's compensation regulations) and replacement costs (identified through the survey). The comparison aims to identify the differences in compensation tariff (between provincial rates and replacement cost survey results) and allow adjustment (to reflect replacement cost) and facilitate consultation and consensus among affected population. Prices will be updated to take into account price increase, especially if resettlement implementation is delayed.

- Given the small magnitude of impact at household level (based on the nature of project interventions) location of subprojects being in rural area where fluctuation in land prices is limited, the RCS could take the form of collecting information on land trading transactions - (primarily at the time of compensation). This information could be collected by interviewing local people residing in the neighborhood of PAP. Sampling should be reasonably sufficient to allow the comparison between proposed provincial compensation rate~ and replacement costs to achieve consensus from affected households and the Task Team will follow up

8.3. Cost estimation - Tables below details the subproject resettlement costs including (i) compensation for land acquired permanently or temporarily, (ii) compensation for structures, architectural objects, houses, crops and trees; (iii) allowances; and (iv) implementation and contingency costs - According to replacement cost survey, the unit prices regulated by provinces are different from the market prices applying for affected assets. The unit prices which are applied at provinces and cities as follows:-

Table 29: Unit price for residential affected land .. Unit: VNDlm2

---.. -..

No. District/commune Decision 25/2009/QI>

UBND - Bac Lieu province

Market price Proposed

compensation price

1 Hung Thanh commune 140,000 300,000 - 500,000 300,000 - 500,000

2 Hung Hoi commune 140,000 300,000 - 500,000 300,000 - 500,000

3 Chau Hung A commune 140,000 300,000 - 500,000 300,000 - 500,000


•.. Chau Hung district town 140,000 300,000 - 500,000 300,000 - 500,000

According to below Table, the residential and area has been compensated as Decision No.

68/2009/QD - UBND of Bac Lieu province. The replacement cost survey at commune and

district area is higher than the regulated unit price of the province, basing on that issue we • recommend unit prices as follow. Ii The market price apply to production land (include garden, agricultural land, surface water

for aquaculture), it is difficult to asses to some areas with less market transactions. The

affected persons supposed that there is not different between unit price applied for

agricultural land compensation between market price and regulated from the province, we I also recommend unit price apply for areas in the subproject area. II Table 30: Compensation price and market price apply for garden, agricultural land and

aquaculture land I " Unit: VNDlm 2

I ! No. Type ofland

Decision No. 25/2009/QI)

UBND Bac Lieu province

Market price Proposed compensation price

] Hung Thanh commune 22,000 - 60,000 40,000 100,000 40,000 - 100,000

2 Hung Hoi commune 22,000 - 60,000 40,000 -100,000 40,000 - 100,000

3 Chau Hung A commune 22,000 - 60,000 40,000 - 100,000 40,000 - 100,000

4 Chau Hung district town 22,000 - 60,000 40,000 100,000 40,000 - 100,000 •" •..

According to replacement cost survey, the unit price for structure, architectures regulated by

the Province is correct to some type of structure, architectures at the time of pricing only. •IIBecause, the increasing trend of construction material and labour, this increasing trend is

reflected in the replacement cost, this will be also updated at the time of payment

Table 31: Compensation price and market price applied for structure and architecture

I Decision No. Proposed82412007/QD-

i No. Category Unit UBND Bac Lieu Market price compensation I province price

! A House category

1 Pennanent house VND/m2 1,100,000 3,000,000 3,000,000

House category 4, metal VND/m22 roofing, bricked wall and 960,000

I 1,800,000 1,800,000

foundation

•.. •I "

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No. Category Unit

Decision No. 824/2007lQD

UBND Bac Lieu province


compensation price

3 Metal house, metal surrounding, cemented foundation

VND/m2 940,000 1,500,000 1,500,000

4 Metal house, metal roofing, cement or earth foundation

VND/m2 940,000 1,200,000 1,200,000

5 Temporary house VND/m2 520,000 600,000 600,000

6 Thatched shop VND/m2 520,000 600,000 600,000

B Auxiliary structure VND/m2

1 Permanent kitchen VND/m2 1,000,000 1,500,000 1,500,000

2 Temporary kitchen VND/m2 410,000 500,000 500,000

3 House for boat keeping VND/m2 410,000 450,000 450,000

4 Animal facility VND/m2 410,000 450,000 450,000

5 Toilet VND/m2 300,000 350,000 350,000

6 Drill well VND/unit 3,000,000 5,000,000 5,000,000

7 Earth tomb VND/unit 3,000,000 No price

Follow provincial regulation8 Constructed tomb VND/unit 5,000,000

8 Temple VND/unit 2,000,000 3,500,000 3,500,000

9 Concretized bridge VND/unit 2,400,000 6,000,000 6,000,000 i

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-There are some regulated prices for crops; tree regulated of the province is close to market

especially crops and annual crops. The crops price regulated by the province is higher than

market price that the affected households can get. In some cases, the perennial crops at the

market is higher than regulated by the province, the most variance price in star fruit, grape

fruit, mango, and durian etc and some timber trees such as eucalyptus, cajuput. .. and can be

presented as Table 32 as follows:

Table 32: Compensation price and market price for crops, tree, and perennial crops

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No. Type of crop/tree Unit Compensation price


compensation price

A Annual crop

Paddy VNDlha 6,000,000

No price Follow unit price regulated by the

province Beans VNDlha 7,000,000

Secondary crops VNDlha 5,000,000

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• •

.. ..

I

No. Type of crop/tree Unit Compensation Market price Proposed

price compensation price

B Fruit tree

Jack fruit VND/tree 85,000,000 200,000 200,000

Mango VND/tree 200,000·400,000 200,000·400,000 200,000·400,000

Coconut VND/tree 200,000.400,000 150,000·300,000 150,000·300,000

Banana VND/tree 10,000·15,000

Papaya VND/tree 20,000·35,000 Follow unit price No price regulated by the

Star fruit VND/tree 85,000 i

province

Longan VND/tree 300,000·400,000

C Timber tree, other tree

Eucalyptus VND/tree 5,000·9,000 60,000-120,000 60,000·120,000

Acacia VND/tree 5,000-9,000 60,000·120,000 60,000·120,000

"Gon" VND/bush 5,000·9,000 40,000·120,000 40,000-120,000

I

8.4. Total cost estimation

Tables below details the total cost of subproject resettlement activities costs including (i) compensation for land acquired permanently or temporarily, (ii) compensation for structures, architectural objects, houses, crops and trees; (iii) allowances; and (iv) implementation and contingency costs.

Table 33: Total cost estimation

Unit: IOOOVND

•• ....

.. II

.."

.." .... II i

II.. "Items Amount

I. Compensation 32,636,000

1 Land loss 13,724,970

2. Crops, trees loss 1,367,850

3. Aquaculture loss 35,860

4. Assets loss 10,843,800

5. Public structure loss 6,663,550

II. Support of resettlement 5,069,830

Support for house relocation 330,000

Support for incomes restoration for HH losing agricultural land 3,577,650

Support for HH who lose their agricultural land area of 30-70% 95,940

Ii

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Mekong Delta Water Resources Management for Rural Development Page 65 .." " •

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Items Amount

Support for Illi who lose their agricultural land area ofabove 70%

84,240

Support for household who lose their business shop 135,000

Support for house rent for Illi who have to relocation 29,400 Support to relocation to new rented house ofHH whose lose all house area

21,000

Support for poor households who lose 30-70% of agricultural land area

21,600

Bonus for Illi who hand over their land on time 550,000

Support for poor households who lose 70% ofagricultural land area

15,000

Support resettlement earth foundation for 7 Illis who lose all house and residential land area

210,000

III. Support for production development 223,412

1. Cultivation 58,842

2. Animal husbandry 158,000

. ning , capacity building 6,570

1+11+ III) 37,929,242

III. Management cost (2%) 758,585

IV. Contingency (15%) 5,689,386

Total cost estimate 44,377,210

-X. IMPLEMENTATION ARRANGEMENT

- The implementation plan for resettlement activities has been presented as following table

- includes activity.

:(i) Consultation meeting (ii) RAP activities and (iii) independent monitoring

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Table 34: Resettlement Action Plan

No. Activities Ml M2 M3

I Preparation

World Bank. and GOY Agreement on ~Safeguard Frameworks

2 Implementation

Uploading ofSafeguard Framework and 2.1 RAPs and EMDP on World Bank. and

Government websites 2.2 Establishment ofrelating boards

2.3 Trainings for relating boards and local government in RAP

2.4 Public Consultation and Infonnation Disclosure on RAP

2.5 DMS and updating RAP

2.6 DMS and external monitoring agency (EMA)

2.7 Replacement cost survey. 2.8 Update compensation cost

Public Consultation and Infonnation 2.9 Disclosure on compensation measures to

PAPs 2.10 Complete RAP with updated infonnation

2.11 Submission ofRAP to WB and GOY for approval

2.12 Land acquisition and clearance set up and infonnation disclosure to PAPs

2.13 Implementation ofcompensation and resettlement payment

2.14 Land acquisition and clearance 2.15 Contract bidding on construction work 2.16 Planning and implementing income

Year I (month)

M4 MS M6 M7 M8 M9 MIO Mll MI2

~ ~~

~ ~ ""'-~ ~Vri ~~ l\."-~ ~'" ~~

~ ~~

~ ~ ~~ ~,~~~~,"\~~

~~

~'"~~~~'-~ ~'"~~

Year 2 (quarter) ,~~- -~~ .~~~ -----

Ql Q2 Q3 Q4

~~~'-"\: ~~~~

Year 3 (quarter) ,---~-~

QI Q2 Q3 Q4

I t J

• ;·,,1 I, .• ..~. • ;;;tI ~j;j_\;:m.•.'. .;.• .\. •• a·• .2. Ie• .~.• IE •

r .I I I I I f I I I ( J 1.-1 L-l L---I 1-1 loA I---J C----I J--! .... -1 J J J t I- ~ I- ... ,

No. Activities Year I (month) Year 2 (quarter) Year 3 (quarter)

MI I M2 I M3 I M4 I M5 I M6 I M7 I M8 I M9 I MIO I Mil I M12 I Ql I Q2 I Q3 I Q4 I QI I Q2 I Q3 I Q4

restoration orolITarns

2.17 Implementing income restoration programs and checking situations of severelv venerable PAPs

3 Monitoring and Evaluation

3.1 Internal IDQnitorin

3.2 External monitoring in compensation, income restoration programs and situations ofsevere Iv venerable PAPs

3.3 Uploading monitoring and evaluation reoort on websites ofWB and GOV

APPENDIX

It.II

I

"• I I I :

I •III

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".. II II ....

subproject: dong nang ren water resources system...

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