vie: greater mekong subregion flood and drought risk ... · external resettlement monitoring...
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External Resettlement Monitoring
Document stage: Final Project number: 40190 December 2016
VIE: Greater Mekong Subregion Flood and Drought Risk Management and Mitigation Project
Prepared by VIETNAM WATER, SANITATION AND INVIRONMENT JSC (VIWASE) for the Ministry of Rural development and agriculture and the Asian Development Bank.
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ABBREVIATIONS
ADB Asian development Bank (ADB)
AusAID Australian Agency for International Development
BAH Affected household
CPO Central project office
CPMU Central Project Management Unit
RDD ResettlementDue Diligence
PPMU Provincial project management unit
DCCS District Committee for Compensation and Site Clearance
DCLFP District LFDC
IMO Independent monitoring organ
ODA Official development assistance
TOR Term of Reference
RF Resettlement frame
RP(s) Resettlement plans
uRP Update Resettlement plans
VIWASE Vietnam water, sanitation and environment JSC
CPC Commune People’sCommittee
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NOTE
(i) In this report, "$" refers to US dollars. This external resettlement monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
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Contents I. INTRODUCTION ..................................................................................................................... 6 II. KEY CONTENTS OF RESETTLEMENT ............................................................................... 8 III. TARGET OF THE ASSIGNMENT AND SCOPE OF WORK ............................................ 13
3.1. Target of the Assignment ............................................................................................... 13
3.2. Scope of work .................................................................................................................. 13
IV. APPROACH AND METHODOLOGIES OF MONITORING IMPLEMENTATION ............ 17
4.1. Approach .......................................................................................................................... 17
4.2. Methodologies ofmonitoring implementation ............................................................. 17
4.3. Implementation arrangement:................................................................................... 18
V. MONITORING RESULTS .................................................................................................... 19
5.1. Results of Desk review ................................................................................................... 19
5.2. Results of site monitoring .............................................................................................. 24
5.2.1. Information disclosure and public consultation ...................................................... 24 5.2.3 Compensation plans ................................................................................................ 28 5.2.5 Restoration of the affected people’s lives and livelihood........................................ 38 5.2.6. Siteclearance and land hand-over ......................................................................... 56 5.2.7. Arrangement for resettlement ................................................................................ 57 5.2.8. Grievance Redress Mechanisms ........................................................................... 59 5.2.9. Satisfaction of the Affected People on Resettlement Implementation. ................. 59 5.2.10. Gender impacts and strategy . ............................................................................. 60
5.3. Outstanding issues ......................................................................................................... 61
5.4. Responsibility for implementing the action plans ...................................................... 61
VI. CONCLUSION AND RECOMMENTDATION .................................................................... 63
6.1. Conclusion ....................................................................................................................... 63
6.2. Recommendation ............................................................................................................ 64
APPENDIX
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TABLE Table1: The types of land affected by subproject Ba Rai – Phu An .......................................... 8 Table 2: Summary of affected households ................................................................................ 9 Table 3: The types of land affected by construction activities of the subproject ..................... 11 Table 4: Indicators for Monitoring............................................................................................ 13 Table 5. Status of Site Clearance of Ba Rai – Phu Ansubproject ........................................... 21 Table 6.Status of Site Clearance of Cai Cai channelsubproject ............................................. 23 Table 7: Numbers of Ba Rai –Phu An subproject Meeting Participants ................................. 25 Table 8: Numbers of Cai Cai channel works Meeting Participants ........................................ 26 Table 9: Compensation price of Subproject – Cai Lay town (unit: Dong per m2) .................. 31 Table 10: Compensation price of Subproject–Cai Lay district (unit: Dong per m2) ................. 31 Table 11: Assistances for PAHs ............................................................................................... 41
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I. INTRODUCTION
1. The GMS Flood and Drought Risk Management and Mitigation Project (the Project) will
be implemented in Cambodia, Lao PDR and Vietnam. The Project aims to improve the
capacity of the countries and communities to prepare for, respond to, and recover from
the negative impact of floods and droughts. For Vietnam, the investments proposed
comprise of three non-structural sub-projects and four structural subprojects to mitigate
the adverse impacts of extreme weather events in two provinces (Tien Giang, and Dong
Thap) in the Mekong Delta. The proposed structural subprojects are: (i) Go Cong water
management improvement; and (ii) flood control system for Ba Rai – Phu An area. With
Dong Thap, the subprojects to be considered include: (iii) Upgrading and rehabilitation of
four primary canals in Plain of Reeds; and (iv) Embankment erosion control in Thuong
Thoi Tien Town, Hong Ngu District, Dong Thap Province.
2. The impact of the project is reduced economic losses resulting from floods and droughts.
The outcome of the project is improved capacity and preparedness to manage and
mitigate the impacts of flood and drought events. The projecthasfour components: (i)
Component 1: Enhanced regional data, information, and knowledge base for the
management of floods and droughts; (ii) Component 2: Upgraded water management
infrastructure; (iii) Component 3: Enhanced capacity for Community-based Disaster Risk
Management (CBDRM); and (iv) Component 4: Effective Project Implementation. The
executing agency is MARD, through CPO. The implementing agencies (IAs) are the
provincial Department of Agriculture and Rural Development (DARD) of the two
participating provinces, Tien Giang and Dong Thap provinces. The project was approved
on 11 November 2012, signed on 21 December 2012 and declared effective on 10 May
2013. The project is expected to be complete by 31 March 2019.
3. Implementation ofComponent 2 of the Project shall result in the involuntary resettlement
through loss of land and assets of households, utilities and organization. To minimize
these impacts several Resettlement Plans (RPs) has been developed by the Technical
Assistance (ADB) and agreed by the Ministry of Agriculture and Rural Development
(MARD).
4. RPs of the 4 sub-projects have been prepared in the basic design phase. As required,
RPs shall be updated after Loan Agreement was signed and became effective to reflect
changes and requirements occurred recently. The updated RP shall be the base for the
implementation of Project resettlement activities by Central Project Management Units
(CPMUs); District Compensation, Assistance and Resettlement Boards (DCARBs) and
stakeholders.
5. The implementation of independent resettlement moritoring aims to ensure that
objectives, policies and principles on social safeguard (Involuntary resettlement),
entitlements of affected persons (APs) specified in the RPs will be complied.
Independent resettlement moritoring will be conducted on periodically base, two times
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per year. Periodic reports on independent resettlement moritoring shall be developed
aiming to provide the funding agencies, executing agency and stakeholders independent
review and assessment of: (i) achievement of resettlement objectives; (ii) changes in
living standards and livelihoods of affected people; (iii) restoration and/or improvement
of the economic and social base of the affected people; (iv) effectiveness and
sustainability of entitlements; and (v) the need for further mitigation measures of
project adverse impacts.
6. Two subprojects have been carried out the Independent monitoring program (IMO), 3rd
phase, including (1) Construction of flood controlling system in Ba Rai – Phu An region,
Tien Giang province and (2) Rehabilitation and upgrading for the flood drainage and
irrigation system to the Dong Thap Muoi region, Dong Thap province – Cai Cai canal
works. Those subprojects are carrying out compensation, support and resettlement for
the affected households according to regulations of updated RP dated August and
September 2016. For two subprojects “Embankment erosion control in Thuong Thoi Tien
Town, Hong Ngu District, Dong Thap Province”and “Upgrading the controlling system of
saltwater intrusion in Go Cong region, Tien Giang province” have been already
completed the compensation and adopted by ADB. It is expected the final independent
monitoring program for two subprojects would be carried out in Quarter 1, 2017. For the
Tan Cong Chi and Khang Chien channels – Rehabilitation and upgrading for the flood
drainage and irrigation system to the Dong Thap Muoi region has already completed the
plan of detailed measurement survey (DMS) and submitted it to Dong Thap province
DONRE. The updated RP for two works is expected to be completed in Quarter 1, 2017
7. Therefore, 3rdperiodic report on independent resettlement monitoring- IRM (for the
duration from the start of RP implementation till 30 November, 2016) is the resettlement
monitoring Report which is prepared for the above objectives and focused on two
subprojects (1) Construction of flood controlling system in Ba Rai – Phu An region, Tien
Giang province and (2) Rehabilitation and upgrading for the flood drainage and irrigation
system to the Dong Thap Muoi region, Dong Thap province – Cai Cai channel works.
The Report is developed on the basis of: ADB Safeguard Policy Statement (SPS
2009); policies and regulations of Viet Nam on compensation, support and land
recovery; RF; RP; reports, data and information provided by: (1) CPO; (2) Tien
GiangPPMU; (3) Go Cong DCCS/Go Cong LFDC; (4) Dong Thap PPMU; (5) Tan Hong
DLFDC; (6) Ward/commune PCs in project area: Ward No.2 PC, Tan Binh CPC, Thanh
Hoa CPC – Cai Lay town, Dong Hoa Hiep CPC in Cai Be district belong to “Construction
of flood controlling system in Ba Rai – Phu An region, Tien Giang province” and Tan
Phuoc CPC, Tan Thanh A CPC, Thong Binh CPC in Tan Hong district, Dong Thap
province belong to “Rehabilitation and upgrading for the flood drainage and irrigation
system to the Dong Thap Muoi region - Cai Cai channel works”; (7) RP experts and (8)
local people and persons affected by land acquisition of the subproject.
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II. KEY CONTENTS OF RESETTLEMENT
8. As mentioned above, 3rdperiodic independent resettlement monitoring report (during the
time from the start of RP implementation till 30 November, 2016) focused on monitoring
two subprojects (1) “Construction of flood controlling system in Ba Rai – Phu An region,
Tien Giang province” and (2) “Rehabilitation and upgrading for the flood drainage and
irrigation system to the Dong Thap Muoi region - Cai Cai channel works”.
Scope of land acquisition of the subproject:
9. 1. Subproject “Construction of flood controlling system in Ba Rai – Phu An region,
Tien Giang province”: The subproject acquired 90,939.21 m2 of land of 9
wards/communes in Cai Lay town, Cai Lay district and of Cai Be district, Tien Giang
province. In which, the subproject permanently acquired 47,902 m2 and temporarily
acquired 43,037.21 m2 of land (equivalent to 47%). There are 3,833.8 m2 of residential
land and 44,068.2 m2 of agricultural land in the total of 47,902 m2 of permanent acquired
land. The types of land affected by subproject are presented in the Table below.
Table 1: The types of land affected by subproject Ba Rai – Phu An
unit: m2
Name of Ward/Town Permanently
Affected Residential land (m2)
Permanently Affected
Agricultural land (m2)
Temporarily Afffected
Agricultural Land (m2)
(m2) I Cai Lay town 2,314.7 10.324,70 9.158,81
1 Thanh Hoa commune 611.2 3,795.7 4,680.16
2 Tan Binh commune 247.5 2,078.7 1,986.5
3 Ward no.2 1,456 4,450.3 2,492.15
II Cai Lay district 1,519.1 33,743.5 32,378.4
1 Cam Son commune 300 12,647.1 4,011.1
2 Hoi Xuan commune - 4,415.8 7,690.5
3 Hiep Duc commune - 1,760.2 3,914.5
4 Phu An commune 203.2 9,503.4 9,392.2
5 Binh Phu commune 1,015.9 5,417 7,370.1
III Cai Be district - - 1,500
1 Dong Hoa Hiep commune - - 1,500
Total 3,833.8 44,068.2 43,037.21
Source: Detailed Measurement Survey (DMS), January
2015
10. The implementation of sub-project affected lands and properties of 247 households
(1,159persons) specifically as follows:
- Among 247 affected households, 52 households (235 persons) have to displace
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to another place, 29 households would be resettled through building houses on
their remaining part of land. This will mitigate negative impacts on livelihood of the
affected households.
- Out of 247 affected households, 100 households (466 persons, accounting for
40.48%) are severely affected and 147 households (735 persons, accounting for
59.52%) are slightly affected.
- 67 households (337 persons) out of 100 severely affected households were
acquired their agricultural land, in which 37 households (185 persons) lose from
10 to under 30% their agricultural land area, 23 households (115 persons) lose
from 30 to under 70% their agricultural land and 7 households (35 persons) lose
over 70% their agricultural land.
- 19 households (95 persons) lose 10% or more area of agricultural land and shall
be displaced.
- 79 vulnerable households include: 46 female-headed households, 5 poverty
households (based on Government’s regulations), 01 disabled household and 27
households without land
- 118 households were temporarily affected by construction activities of the
subproject. During subproject implementation, the contractors will attempt to
minimize the temporary impacts caused by land acquisition of the subproject.
- 01 business household was affected a part of land area by construction activities
of the subproject
11. The summary of affected households by severity and vunaribility is shown at Table 2
below
Table 2: Summary of affected households
No
Ward/commune Number of AHs
Number of Aps
Number of
severely affected househo
lds
Households with Loss 10% of
agricultural land
Number of
displaced
households
Number of
vulnerable
households
10 - <30%
30 - <70%
More than 70%
I Cai Lay town 59 273 30 10 3 5 22 13
1 Thanh Hoa commune
20 84 7 2 2 - 5 3
2 Tan Binh commune
14 70 5 2 - - 4 2
3 Ward no.2 25 119 18 6 1 5 13 8 II Cai Lay district 184 871 70 27 20 2 30 66
1 Cam Son commune
26 141 10 4 4 2 1 8
2 Hoi Xuan commune
35 156 7 4 3 - 1 6
3 Hiep Duc commune
21 92 4 2 - - 2 11
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4 Phu An commune
76 361 36 9 11 - 21 34
5 Binh Phu commune
26 121 13 8 2 - 5 7
III Cai Be district 4 15 - - - - - -
1 Dong Hoa Hiep commune
4 15 - - - - - -
Total 247 1,159 100 37 23 7 52 79
Notes: 19 households lose 10% and more agricultural land holding and have to relocate.
Figure 1: Location map of project– red points are location of sewers
12. An updated Resettlement Plan for this subproject was prepared and concurred by Tien
Giang PPC, CPO on behalf of MARD, and ADB in August, 2016.
13. The tasks of compensation, support and resettlement for
organizations/individuals/households affected by land acquisition of subproject, have
been carried out by LDFC of Cai Lay town, Cai Lay and Cai Be districts, and Tien Giang
province.
14. 2. Subproject “Rehabilitation and upgrading for the flood drainage and irrigation
system to the Dong Thap Muoi region, Dong Thap province – Cai Cai channel
works”.
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15. Total households affected by construction works of subproject are 153 households (632
populations). Details on affected households are as follows:
- Impacts on land: Total permanently acquired land area is 136,156.2 m2, in which,
135,517.9m2 is agricultural land and 638.3m2 is residential. There are about 63,000 m2
land area would be affected temporarily at disposal site No.4. 55 households (233
persons) are acquired land permanently, in which, 51 households (222 persons) lose
their agrilcultural land, 3 households (10 persons) lose both agricultural and residential
lands, 1 household lose residential land only (1 person).
Table 3: The types of land affected by construction activities of the subproject
No Commune Agricultural land Residential land Total
1 Thông Bình 54,725.9 60.0 54,785.9
2 Tân Thành A 78,072.9 - 78,072.9
3 Tân Phước 2,719.1 538.9 3,297.4
Total 135,517.9 638.3 136,156.2
- Impacts on houses and shelters: 87 affected households (324 persons) located at
disposal site of soil no.4 in Tan Phuoc commune, shall be relocated temporarily at
another place during project implementation. After project completed, such households
would come back and rebuild their houses. 4 households located at bridge Ca Thap 2
and Ca Thap 3 shall be relocated to other places (3 out of 4 those households relocate
in resettlement area, 01 household resettles on the rest of their land area. 8 households
(34 persons), who located near construction area, could be affected by vibration due to
construction activities. Those 8 households will be received financial support for house
reinforcement.
- Impacts on structures on land: there are 682.41 m2 area of structural works on land of 36
households (148 persons) are affected, including 120.81 m2 kitchen area, 106.5 m2
stable area, 455.05 m2 area of other structural works (for example: bathrooms, toilets,
ditchs, etc); 56 graves of 15 affected households need to be relocated.
- Impacts on crops, trees: The subproject impacts on 2,050 perennial trees of 31
households, including 280 fruit trees and 1,670 timber trees
- Severely affected households: 114 households (501 persons), in which 36 households
(165 persons) lose 10% or more production land, 04 households (14 persons) must
relocate and 75 households (324 persons) temporarily relocate their houses. 01
household (1 person) lose 10% or more agriculture land and must relocate permanently.
- All affected households are Kinh ethnic.
16. 12 households (52 persons) are in vulnerable group, in which 10 households (44
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persons) belong to poverty group and 2 households belong to near-poor group1
17. An updated RP plan has been prepared and approved by Dong Thap PPCs, CPO (on
behalf of MARD), and ADB in September 2016.
18. Tasks of compensation, support and resettlement for organizations, individuals and
households affected by land acquisition of the subproject are being carried out by LFDC,
Tan Hong district, Dong Thap province.
Figure 2: Location map of the project– Cai Cai channel works
1 According to Vietnam GoV’s regulation, poverty threshold during 2016-2020 is below 700,000
VND/person/month and below 900,000 VND/person/month for rural area and urban area respectively.
Near-poor threshold varies from 700,000 to 1,000,000 VND/person/month for rural area and from 900,000 to
1,300,000 VND/person/month for urban area.
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III. TARGET OF THE ASSIGNMENT AND SCOPE OF WORK
3.1. Target of the Assignment
19. Target of independent monotoring for resettlement is to assess compliance with the
rules, regulations and requirements mentioned in the RP/uRP/RDD. Specifically:
- Identify and evaluate the payment of compensation, support and resettlement for
affected people as well as the process of community consultation and information
disclosure and grievance redress procedure of projects have been carried out in
accordance with principles, requirements and procedures have been presented in
the RPs/uRPs;
- Consider whether the objectives of the updated resettlement plan, specifically
livelihood of affected people has been improved or at least restored or not;
- Consider exist problems of the processes of updating the RPs and propose the
solutions to solve such problems to the implementing agencies.
3.2. Scope of work
20. Regarding to independent monitoring, IMO will carry out the following activities:
- Periodic Monitoring: IMO will carry out periodic monitoring with frequency 2 times
per year depending on the progress of updating the RPs, therefore, specific
schedule of periodic monitorings may be due to the CPO/ CPMU mobilization.
- Evaluate after resettlement: Six months (06) after the completion of implementation
of the RPs of the entire project, IMO will conduct post evaluation to assess results
of resettlement implementation and the impact of resettlement to the affected
households by the sub-projects.
- Join the ADB’s monitoring group with CPMU, upon request.
21. 3rd Independent Resettlement Monitoring Report has been prepared to carry out
objectives above and this monitoring mission focused on two sub-projects (1)
“Construction of flood controlling system in Ba Rai – Phu An region, Tien Giang
province” and (2) “Rehabilitation and upgrading for the flood drainage and irrigation
system to the Dong Thap Muoi region - Cai Cai channel works” during the period of RP
implementation till 30 November, 2016
22. Monitoring indicators: According to TOR, independent monitoring consultant shall review
the compliance during updated resettlement plan and implementation phases. For
details, please see in the following table.
Table 4: Indicators for Monitoring
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Monitoring
requirement Monitoring Indicators
1
Monitoring the
implementation of
DMS of affected
properties
� Whether or not land and affected properties are measured
accurately
� Whether or not affected households are invited to
participate in DMS process and sign in the minute of DMS
for their affected assets
� Whether or not grievances and questions of affected
household relating to DMS are addressed promptly and
satisfactorily
2
Monitoring the
compensation and
other supports by cash
� Compensation for affected land: if applying the form of
compensation is land for land, whether or not replacement
land will equal to the area and location as well as
production condition with affected land. If applying the form
of compensation is cash for land, whether or not ensuring
replacement cost.
� Whether or not compensation for affected works are equal
to the replacement cost of construction materials and labor
cost that built affected works, not exclude the old materials
utilized
� Whether or not compensation for trees/crops is equal to
market price.
� Whether or not applying and calculating properly the
compensation and supports as mentioned in RP/uRP to the
affected households;
� Compensation payment to affected households is complete
before civil work commencement and is paid one time or
many times.
3
Monitoring the
implementation of
community
consultation and
disclosure
� Whether or not project documents are provided to the
community (RF, RP, project brochures and other relevant
documents).
� Whether or not the information is disclosed in public places
(prices, paymentV.)
� Affected households must be consulted their ideals on land
acquistion, compensation policies, resettlement, restoration
of living standards as well as the way to access grievance
redress mechanism
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Monitoring
requirement Monitoring Indicators
� How issues, proposals, etcV of affected household during
resettlement implementation phase were solved
4
Monitoring the
resettlement of
affected households
� Verify the living conditions, income generation in
resettlement area and infrastructure condition such as road,
electricity, water supply/drainage systemV), livelihood
� Plan and implementation of relocation: consulting on the
resettlement plan with relocation households, implementing
and publicizing relocation plan, and providing support to the
relocation households
� Life and production stabilization of affected households after
resettlement
5
Monitoring the income
restoration, and
supports for stable life
� Whether or not the supports for income restoration such as
training, credit support provided to severely affected
households
� Identify issues that affected households have to face during
income restoration and life stabilization
6
Monitoring and assess
the level of sastifaction
of affected households
� The level of sastisfaction of inventory minutes of damaged
properties
� The level of sastisfaction of disclosure, community
consultation
� The level of sastisfaction of support, compensation
� The level of sastisfaction of supports for stable life and
income restoration
� The level of sastisfaction of new resettlement area
7 Grievance Redress
� A grievance redress mechanism is functional.
� Number of complaints and the natures of complaints on the
implementation of the uRP and land acquisition
� Number of solved complaints and satisfactions of the HHs on
resolving of complaints
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Monitoring
requirement Monitoring Indicators
Link between
resettlement plan
implementation and
construction progress
� Construction of works will be started when the land
acquisition and resettlement activities are complete
(compensation, support and relocation)
� All issues relating to project work items should be addressed
before starting such work items
� The income restoration programs should be set up before
civil work commencement
Monitoring Gender and
ethnic minority issues
� Number of participations of women in land acquisition and
resettlement activities; the impacts of land acquisition and
resettlement that affecte the livelihoods of women; issues
ofwomen’s income restoration.
� Consult ideal and inform to the affected ethnic minority
households and community (if any); measures had been
taken to avoid, minimize the adverse impacts of land
acquisition for local minority communities; complaints and
grievancesof ethnic minority households; issues of income
restoration for the affected ethnic minority households.
23. These monitoring indicators were specified through questions in survey forms and/or in-
depth interview, group discussion.
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IV. APPROACH AND METHODOLOGIES OF MONITORING IMPLEMENTATION
4.1. Approach
24. This approach requests the participation of community in the resettlement monitoring.
Following, the affected people were participated in monitoring process such as:
interviews, group discussions, visit the site of affected area with monitoring specialists.
Representative of CPO, PPMU and LFDCs, the affected commune People Committee
have also participated in monitoring process by the interviews and group discussions
with monitoring specialists.
4.2. Methodologies of monitoring implementation
25. In 3rd Periodic Monitoring Mission, following methods were applied:
26. Desk review
- IMO has collected documents and data that related to compensation and
resettlement of the subproject for the review, analysis and assessment. The
documents and data were collected from following sources:
+ CPO documents
+ Tien Giang PPMU documents; LFDCs of Cai Lay town, Cai Lay district and Cai
Be district; Ward/Commune PCs of Ba Rai – Phu An subproject: (1) Cai Lay town:
Ward no.2 PC, Thanh Hoa commune PC and Tan Binh district, (2) Cai Lay district:
Cam Son, Hoi Xuan, Hiep Duc, Phu An, Binh Phu commune PC, (3) Cai Be district:
Dong Hoa Hiep commune PC.
+ Dong Thap PPMU documents, LFDCs of Tan Hong district and documents of
commune PCs in subproject area of Cai Cai channel include: Thong Binh, Tan
Thanh A and Tan Phuoc commune.
+ The documents include: (i) RF, RP, updated RP (August - September, 2016) and
memorandums provided by CPO; (ii) reports, RP implementation documents of Tien
Giang PPMU; Dong Thap PPMU;(iii) documents provided by LFDCs of Cai Lay
town, Cai Lay district and Cai Be district (Tien Giang) and Tan Hong district (Dong
Thap), (decisions, reports on compensation and resettlement, minutes of inspection
inventory minutes,etc,V); (iv) policies of ADB, GoV and Tien Giang PPC and Dong
Thap PPC.
- IMO studied project documents and some other documents that are collected on
the field at the office (through form of hard copies and soft copies). The purposes of
this researchs are: (1) to study the process, regulations were proposed and
approved from project document, (2) to study the plans of compensation and
assistances for components of the Thuong Thoi Tien sub-project (3) to view field
reports and internal monitoring reports, (4) to study the actual processes have been
and will be carried out at sub-project’area.
27. Qualitative methods. IMO used the following qualitative methods in monitoring process
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for resettlement:
- Consultation, in-depth interview and group discussion with stakeholders,
implementing agencies, social organizations. Minutes of work are attached to the
Report at Appendix 1.
- Group discussion, in-depth interview with affected households (severely affected
households, displaced households, vulnerable households)
- Site inspection for the areas where the households have handed over the land to
contractor of two subprojects Ba Rai – Phu An and Cai Cai channel work. Besides,
temporary resettlement area also has been inspected in order to identify
difficultiesand potential adverse impacts for local people living in the resettlement
area during construction process.
28. Quantitative method. Beside the qualitative methods mentioned above, the quantitative
method also was used to carry out independent monitoring for resettlement:
- Household Survey using questionnaire with 100% of total severely affected
households and 20% of total slightly affected households (equivalent to about 247
households). In which the number of surveyed households of the subproject Ba Rai
– Phu An is 135 households and of the subproject Cai Cai Cannal is 114
households. List of interviewed households is shown at Appendix 2 of the Report.
- Use available statistical data at communes and District LDFC.
29. Data processing methods: Collected data and informantion from the field were
analyzed on the dedicated software such as SPSS (quantitative) and NVIVO
(qualitative). These parameters were used in monitoring report.
30. Writing report: Analyzed data and information has been synthesized and stored in
resettlement database folder. They were used as a basisline for the first periodic report
meeing requirements in the TOR.
4.3. Implementation arrangement:
31. Based on Official letter dated 1st October 2016 for mobilizing CPO’s monitoring
specialist, VIWASE had moblized a monitoring team including 4 specialists (01 leader,
01 resettlement specialist, 01 community development specialist, 01 gender/ethnic
minority specialist) and 2 supporting staffs for the implementation of monitoring mission.
The preparation for monitoring phase has been carried outimmediately after CPO’s
Official letter sent to. In VIWASE’s office, the specialist of monitoring team has prepared
monitoring tools including the guide documents for in-depth interviews and group
discussions, updated RP and other documents relating to land acquisition and
compensation of Project. Site monitoringfor implementing land acquisition and
compensationhas been started from 15 to 30 November 2016 on two subproject areas.
32. Monitoring consultant worked with Commune/ward PCs, village heads, 100% severely
affected households to participate in group discussions and individual interviews. The
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monitoring specialists of VIWASE conducted 12 group discussions to the affected
persons in 12 communes/wards (there were 244 participants); interviewed leaders and
officers of LFDCs of Cai Lay district, Cai Lay town and Cai Be district (Tien Giang) and
Tan Hong district (Dong Thap), interviewed Chairman/Deputy chairman CPCs, cadastral
officers and directly participated and supervised compensation, support and resettlement
in commune areas thereby gathering necessary information and people’s opinion as well
as complaints if any.
33. After finishing field monitoring, the monitoring team with the support of office staffs had
synthesized results of field monitoring and established a meeting with Tien Giang PPMU
and District and Town PCs and LFDCs of Cai Lay town, Cai Lay, Cai Be district, and a
meeting with Dong Thap PPMU, Tan Hong DPC, and Tan Hong LFDC to inform
preliminary monitoring result. In the meeting, Leader of monitoring team presented
feedbacks of affected persons and the outstanding issues need to be resolved (detail
see in the Section “oustanding issues”.
V. MONITORING RESULTS
5.1. Results of Desk review
34. Subproject “Construction of flood controlling system in Ba Rai – Phu An region, Tien
Giang province” located in Cai Lay, Cai Be districts and Cai Lay town. Tien Giang PMU
cooperates with LDFC of Cai Lay town, Cai Lay and Cai Be districts to implement land
acquisition and resettlement for the subproject “Construction of flood controlling system
in Ba Rai – Phu An region, Tien Giang province“.
35. Subproject “Rehabilitation and upgrading for the flood drainage and irrigation system to
the Dong Thap Muoi region - Cai Cai channel works” are implemented in three
communes (Thong Binh, Tan Thanh A and Tan Phuoc) of Tan Hong district, Dong Thap
province. Dong Thap PPMU has coordinated with Tan Hong DLFDC to implement land
acquisition andresettlement for the subproject “Rehabilitation and upgrading for the flood
drainage and irrigation system to the Dong Thap Muoi region - Cai Cai channel works”.
36. Generally, land acquisition and resettlement procedures for two subprojects have been
implemented as stipulated in Decree No. 43/2014/ND-CP dated 15, May, 2014 and the
uRP of sub-project. Data of detailed measurement surveys, inventory and compensation
are stored at LFDCs of project district/town and Tien Giang PPMU under the forms of
document and computer database. A copy of minutes of inventory of loss with sufficient
signatures of the participants and heads of the households has been given to each
affected household. Plans of compensation, support and resettlement of subproject
“Construction of flood controlling system in Ba Rai – Phu An region, Tien Giang
province” have been approved in:
(1) Decision no.2183/QD-UBND dated 16 May, 2016 of Cai Lay town PC (For detail,
see Appendix 5);
(2) Decision no. 3067/QD-UBND dated 16 May, 2016 of Cai Lay DPC (For detail, see
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at Appendix 6) and
(3) Decision no.4232/QD-UBND dated 1 June, 2016 of Cai Be DPC (For detail, see
Appendix 7).
Plan of compensation, support and resettlement of subproject “Rehabilitation and
upgrading for the flood drainage and irrigation system to the Dong Thap Muoi region -
Cai Cai channel works” has been approved by Decision no.805/QD-UBND.HC dated 10
August 2016 of Tan Hong DPC (detail see at F – Appendix 8)
37. The public disclosure of decisions approving on compensation, support and resettlement
of two subprojects has been carried out in relevant communes/wards, the draft
compensation plan, compensation and assistance values were temporarily calculated for
individual households. District LDFC coordinates with ward/commune PCs to set up a
meeting in order to inform draft compensation plans, compensation and assistance
values to affected households. It took about two weeks for carrying out the public
disclosure. Ward/commune PCs and LFDC confirmed the period finising public posting
and received people’s opinion and complaints if any. After finishing the period of public
posting, if ward/commune PCs and LFDC had received any opinion and complaints of
people, the LFDC would finalize plans and submit it to DONRE and Provincial PC for
approval. In the case araising people’s opinions/complaints, LFDC would coordinate with
ward/commune PC in project area for adjustment and resolving (if complaints are
correct). After that, the LFDC would finalize plans and carry out the next steps for
approval as mentioned above. The minutes of disclosing compensation plans and
detailed compensation plan were shown in details in the following Appendixes:
Appendix 9: Minutes of disclosing the draft compensation and temporary value for
affected households
Appendix 10: Minutes of public posting of compensation and temporary value for
affected households
Appendix11: Minutes of confirmation for finishing the period of public posting on draft
compensation and temporary value for affected households
Appendix 12: Detail compensation plan for each affected households
38. Regarding the compensation, support and resettlement plan: the approved
compensation, support and resettlement plans of both Ba Rai - Phu An sub-project and
Cai Cai canal have followed the principles and requirements as in the RP’s entitlement
matrix. However, due to the long time of RP (2010), there are the changes in policy and
applied unit prices. All changes in scales, affected level, policies and unit prices at the
time of land acquisition were shown in the uRP. Accordingly, for the Cai Cai canal
subproject - the compensation and resettlement plan approved by the People's
Committee of Tan Hong district has followed the policies in the uRP's entitlement matrix.
For Ba Rai-Phu An subproject, compensation, support and resettlement plans approved
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by Cai Lay Town People's Committee, Cai Lay District People's Committee and Cai Be
DPCs were followed the principles of resettlement implementation process, requirements
for compensation land price, for compensation of affected assets which used market unit
price at the time of land acquisition in uRP.
39. For calculating support allowances such as life and production stabilization, support for
income restoration, support for vulnerable people, it takes time to verify the eligible
affected people, the rate of land loss of each household, to get the opinions of the
households on income restoration program, therefore, People's Committees of districts
and towns had the strategy to divide plans into different periods.
40. The policy for the support program has also been announced to the affected people
during the project preparation process, during implementation process in consultation
meetings to disseminate information of project, in consultation meetings on
compensation and resettlement assistance plans.
41. Accordingly, the approved resettlement compensation plan of People's Committees of
Cai Lay District, Cai Lay Town, Cai Be District includes the entire compensation plan,
support for land, assets on land, support for relocation and resettlement, support for job
change and creation, and livelihood support for households whose the production land
loss rate have already been determined. Support programs for AHs are being
implemented by the LFDCs and submit to DPC.
42. According to the report of Tien Giang PMU of Reta subprojects and LDFC of Cai Lay
district, Cai Lay town and Cai Be district, compensation, support and resettlement of the
subproject Ba Rai – Phu An till 30 November, 2016 has been carried out as following:
- Total households affected by subproject: 247 households. Those households
shall be acquired land for the construction of 28 sewers on 9 wards/communes of
Cai Lay town, Cai Lay district and Cai Be district.
- The number of affected households has received compensation, support and
resettlement: 126 households located in Cai Lay town and Cai Lay district and 04
temporarily affected households in Cai Be district.
- The areas where compensation, support and resettlement has been completed
already: 13 sewers belonged to wards/commune: Hiep Duc, Hoi Xuan, Cam Son,
Phu An (Cai Lay district), Thanh Hoa and Tan Binh (Cai Lay town) and Dong
Hoa Hiep (Cai Be district). Details on wards/communes are as following:
Table 5. Status of Site Clearance of Ba Rai – Phu Ansubproject
No Ward/commune Items with completion of compensation, support and resettlement
Items without completion of compensation, support and resettlement
I. Cai Lay district
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1 Hiep Duc commune Cay Sung, Cai Na and Giong Tre sewer
2 Hoi Xuan commune Khang Chien, Ba Gon, Hai Hue and Thay Thanh sewer
3 Cam Son commune Thay Thanh and Ong Bang sewer
Tham Rom and Ong Kham sewer
4 Phu An commune Thong Luu sewer Cống Bờ Keo, cống Rạch Rồng, cống Ranh Làng, cống Ấp 2, cống Đồng Sao-Cả Nứa
5 Binh Phu commune Giong Tre 1, Dap Chua, Rach Giong, Cay Me and Lo Hoa Thuong sewer
II Cai Lay town
1 Thanh Hoa commune
Cống Cả Chát, cống Cả Nứa 30 June sewer
2 Tan Binh commune Khach Minh and Lo Lang sewer
3 Ward no.2 Hai Liem, Kenh Dung and 30 June sewer
III Cai Be district
1 Dong Hiep Hoa Giong Tre 2 sewer
Note:
1. Giong Tre 2 sewer located in area of two communes Hiep Duc (Cai Lay district) and
Dong Hoa Hiep (Cai Be district)
2. Thay Thanh sewer located in area of two communes Hoi Xuan and Cam Son (Cai Lay district).
43. Total amount paid for affected households was 26.204.766.000 VND out of
54.394.096.000 VND. In which, the amount paid for affected households in Cai Lay
town was 14.060.000.000 VND/18.968.556.000 VND and for affected households in
Cai Lay District was 12.144.766.000 VND/35.425.540.000 VND.
44. The implementation of compensation, support, resettlement of Dong Thap PPMU and
Tan Hong DLFDC for subproject “Rehabilitation and upgrading for the flood drainage
and irrigation system to the Dong Thap Muoi region - Cai Cai channel works” till 30
Nomvember, 2016 has been carried out as following:
- Total households affected by the subproject: 153 households belong to three
communes Thong Binh, Tan Thanh A and Tan Phuoc, Tan Hong district
- Affected area includes: Plot no.1 (Thong Binh commune), plot no.2, plot no.3, At Bo
sewer, Ba Hai Mot sewer, Bay Thua sewer (Tan Thanh A commune), plot no.4, Ca
Trap 1, Ca Trap 2 bridges and Nga Tu sewer (Tan Phuoc commune).
- The number of households has been received compensation, support, and
resettlement: 145/153 households
- Areas with completion of compensation, support and resettlement are shown at Table
below:
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Table 6.Status of Site Clearance of Cai Cai channel subproject
No Ward/commune Items with completion of compensation, support and resettlement
Items without completion of compensation, support and resettlement
1 Thong Binh Plot no.1
2 Tan Thanh A Plot no.2
Plot no.3
At Bo sewer
Ba Hai Mot sewer
Bay Thua sewer
3 Tan Phuoc Ca Trap III bridge Plot no.4
Ca Trap II bridge
Nga Tu sewer
45. The area where the compensation, support and resettlement assistance have not been
complete was plot no 4 in Tan Phuoc Ward. Among 83 affected households in plot no
4, 75 households received compensation, support and resettlement cash and are
constructing their houses on the temporary resettlement area, the 8 remaining
households have been not received compensation, support and resettlement cash
because theses households requested compensation, support to relocate their houses
away from plot 4 as 75 household mentioned above. These households include:
1. Pham Anh Dung
2. Tran Van Phu
3. Nguyen Van Dung
4. Tran Buu Tai
5. Pham Thi Diem
6. Lam Thi Thu
7. Nguyen Thi Duyen
8. Tran Thi Hanh
46. According to the results of work between the monitoring consultant and the People's
Committee of Tan Phuoc Commune, Center for Land Development in Tan Hong
District, these 8 households are households with relatively stable builders and do not
want to move temporarily. Therefore, during the preparation of the compensation,
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support and resettlement plan for the subproject, these households did not want to
relocate and offered to get in cash support to strengthen the house. However, when the
Tan Hong district land fund disclosed the compensation and assistance plan and paid
for the AHs, these 8 households requested to have cash assistance to relocate as
other households living in same land area No. 4. After receiveing such request of
stated above 8 households, the People's Committee of Tan Hong district has directed
the LFDC of Tan Hong district in coordination with the Tan Phuoc CPC to invite these
households to CPC office to dialog. As a result, 6 households (including Tran Van
Phuc, Tran Buu Tai, Tran Thi Hanh, Pham Thi Diem, Pham Anh Dung and Nguyen Van
Dung) agreed to receive cash support for house and assiatance for life stabilization
(rice support) according to approved policy; Such households require competent
authorities to consider to provide additional support for solid fencing around the home
and if during the construction process, the house are collapsed, the competent
authority should consider compensation, support as prescribed. The remaining two
households (including Nguyen Thi Duyen, Lam Thi Thu): requested the state to
compensate and relocate the house becasue they are afraid of collapse. From the
requirements of these 8 households, Tan Hong LFDC and the Tan Phuoc CPC agreed
to submit to the Tan Hong DPC to consider the requests of households. (Annex 12-
Minutes of working between these 8 households with Tan Hong District LFDC and Tan
Phuoc CPC).
47. Tien Giang and Dong Thap PPMUs have assigned a staff in charge of resettlement-
compensation accompanying with compensation council/LFDC in subproject area to
carry out compensation and Clearance. This staff has worked at the site to receive and
respond to the affected people’s queries. By doing this, the Tien Giang and Dong Thap
PPMU have been proactive in implementing resettlement, land acquisition, site
clearance, and resolves the complaints timely
5.2. Results of site monitoring
5.2.1. Information disclosure and public consultation
48. Information that related to land acquisition, compensation, assistances and resettlement
was provided sufficiently to the affected households and communities by effective
manners such as publicly posted at the commune/ward, project leaflets sent to AHs,
public consultation meeting:
49. For Bai Rai -Phu An subproject, the information providing for affected people includes:
- Project documents, regulations related to the compensation, support and resetlement
of the subproject (Policies of the project, law, regulations of Vietnam gorverment,
current regulations of Tien Giang People's Committee at the time of the RP and at the
present time); were provided;
- The information such as results of DMS, draft compensation plan which was updated
unit price for compensation, support and resettlement, and current policies of the
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government and Tien Giang People's Committee) was adopted in public consultations
and posted publicly at the commune/ward People's Committee for consultation with
APs. Information on livelihoods support programs, vulnerability assistance and
livelihood restoration programs were also reported to villagers and were further
publicized and informed to individual households through local consultation meetings.;
50. For Cai Cai Canal sub-project: Information provided to AHs in community consultations
also includes project policies, current regulations of the Government, of Dong Thap
Provincial People's Committee and the updated draft compensation, support and
resettlement plan according to the project policy (updated according to the draft
Resettlement Plan).
- Consultation with the affected households about land acquisition, compensation
policies, support and relocation, livelihood restoration program and grievance redress
procedure
51. The opinions, suggestions and concerns of the affected households and communities
were addressed in the process of land acquisition, compensation, assistances and
resettlement. Local people actively participated in the related activities. The numbers of
participants of the consultative meetings are presented in the Table 7 and 8 below.
Table 7: Consultation meetings conducted for Ba Rai –Phu An subproject
Content of consultation
meetings Location Time
Participant
Male Female Total
Consultation on goals and resettlement policies
Thanh Hoa 5/2015 11 8 19 Tan Binh 5/2015 7 7 14 Ward 2 5/2015 18 10 28 Cam Son 5/2015 12 14 26 Hoi Xuan 5/2015 20 15 35 Hiep Duc 5/2015 9 12 21 Phu An 5/2015 45 31 76 Binh Phu 5/2015 14 12 26 Đong Hoa Hiep 5/2015 3 1 4
Consultation on compensation, support and resettlement
Thanh Hoa 9/2015 11 8 19 Tan Binh 9/2015 7 7 14 Ward 2 9/2015 18 10 28 Cam Son 9/2015 12 14 26 Hoi Xuan 9/2015 20 15 35 Hiep Duc 9/2015 9 12 21 Phu An 9/2015 45 31 76 Binh Phu 9/2015 14 12 26 Đong Hoa Hiep Sep./2015 3 1 4
Consultation on income restoration program
Thanh Hoa Oct./2015 6 5 11 Tan Binh Oct./2015 3 4 7 Ward 2 Oct./2015 12 8 20 Cam Son Oct./2015 8 8 16
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Content of consultation
meetings Location Time
Participant
Male Female Total
Hoi Xuan Oct./2015 7 5 12 Hiep Duc Oct./2015 8 5 13 Phu An Oct./2015 26 19 45 Binh Phu Oct./2015 10 6 16
Consultation on draft compensation plan, support and resettlement
Thanh Hoa Jan./2016 11 8 19 Tan Binh Jan./2016 7 7 14 Ward 2 Jan./2016 18 10 28 Cam Son Jan./2016 12 14 26 Hoi Xuan Jan./2016 20 15 35 Hiep Duc Jan./2016 9 12 21 Phu An Jan./2016 45 31 76 Binh Phu Jan./2016 14 12 26 Đong Hoa Hiep Jan./2016 3
1 4
Cai Lậy town 8/Aug./2016
6
0 6
Table 8: Numbers of Cai Cai channel works Meeting Participants
Content of consultation
Location Time Participant
Male Female Total
Consultation before conducting DMS
Provincial PMU office
April/2014 6
6 Tan Hong DPC April/2014 8 8 Thong Binh commune
April/2014 22 9
31 Tan Thanh A commune
April/2014 24 13
37 Tan Phuoc commune
April/2014 35 15
50
Consultation after conducting DMS
Provincial PMU office
April/2014 8 - 8
Tan Hong DPC March/2015 12 - 12 Thong Binh commune
March/2015 23 7 30
Tan Thanh Acommune
March/2015-April/2015
38 17 55
Tan Phuoc commune
March/2014 12 10 22
Consultation on compensation plan and resettlement
Provincial PMU office
July/2015 7 - 7
Tan Hong DPC July/2015 10 - 10 Thong Binh commune
July/2015 30 21
51
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The rate of women participants in the meeting of the subproject Ba Rai – Phu An and
subproject Cai Cai channel works respectively is 43.67% and 30.4%.
52. The results of surveying households by questionnaireshow that: 100% respondents said
that Project information, policies, options and entitlements for compensation, assistance
and resettlement were provided to AHs during these meetings and posted at public area.
Besides, information on project implementation and preparation, affected scope,
implementation plan, current laws/policies of Vietnam Govement and Donor’s safeguard
policies also were provided to Ahs through meetings. By this way, AHs have aware of
their rights. Results obtained from focus group discussion and interviews with officers
indicated that the cooperation between local relevant stakeholders and updated
resettlement plan consultants to carry out the public consultation, and disclosure
information of the project. In general, the public consultation process and content of both
the Ba Ra- Phu Rai and Cai Cai canals were implemented in accordance with the
updated project policy in the uRP benefits matrix, satisfied the regulations of Vietnam
and also conformity to with the requirements of the approved resettlement documents
and the ADB Safety Policy Declaration (SPS, 2009).
5.2.2 Detailed Measurement Survey (DMS) of affected assets
53. Detailed Measurement Survey (DMS) of affected assetshas been carried out in line with
Government’s regulations. DMS of subproject Ba Rai-Phu An has been completed in
January, 2015. DMS of subproject Cai Cai channel works has been completed in
January, 2014. The form was completed by the households presenting all the affected
lands and assets of the household and with signatures of husband and wife (Appendix
14 and Appendix 15). Afterthat, District/town LFDC conducted the detailed
measurements to verify the impacts for the households with participations of the heads
of the households, village leaders, organizations and PPMU. At the same time, LFDC
also coordinated with ward/commune PC to identify origin of land and affected
properties.
54. After DMS completion, LFDC prepared a draft compensation plan and estimated amount
for individual affected assets of each AHs. Information on draft compensation and
estimated amount announced to AHs through official meetings and a hard copy of draft
compensation and estimated amount would be given to AHs. After meetings, draft
compensation and estimated amount also was disclosed publicly at public areas
(ward/commune office, street, hamlet). In consultation meetings, AHs’ queries and
Tan Thanh A commune
July/2015 50 23
73 Tan Phuoc commune
July/2015 60 34
94
Consultation with displaced households
Tan Phuoc commune’s conference hall
26/August/2016 23 8
31 26/ August/2016 12 9 21
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complaints on DMS and draft compensation plan would be cleared. People’s option
would be recorded and integrated into final compensation plan before it was approved by
DPC.
55. According to the survey results, which were investigated by household questionnaires,
showed that:
- 100% respondents said they attended to the DMS process to measure the properties
affected and signed minutes of loss inventory and kept a copy of minute of loss inventory
and disclosed document with full signature of the participants.
- Results from household survey and interview of staff CPC show that there are some
AHs’ opinions on DMS. Those opinions have been solved by District/town LFDC and
Commune PCs. For example: Subproject Ba Rai – Phu An: Mrs. Pham Thi Nguyet (Hoi
Xuan commune) requested to resurvey the clearance milestone because its location is
too close with pigsty so this activity would affect livestock of her household. Another
opinion arising in DMS process, there was a new stone-grave two years ago of Mr. Tran
Van Giau household. This grave would be lost a part according to the marks of land
acquisition. Therefore, Mr.Tran Van Giau household proposed to adjust the scope of
land acquisition to avoid the impact on the grave
56. The implementation of DMS for two subprojects was consistent with national laws and
regulations. The process of carrying out DMS was also conformity to requirements of the
approved resettlement documents and the SPS, 2009.
5.2.3 Compensation plans
57. The detailed compensation plans made based on the entitlements and resettlement
policies proposed in uRP that were the reconcilation between the legal documents of the
Government of Vietnam, decisions of Tien Giang PPC, Dong Thap PPC on
compensation, support, resettlement and ADB’s safeguard policies. Regarding the
approval of compensation, support and resettlement plans of subprojects, in order to
satisfy the progress of the project, the People's Committees of districts/towns had
approved the compensation, support and resettlement regime for sub-projects before
the updated resettlement plan was approved by ADB. However, this regime was in
accordance with the project policy. Specifically, the LAR implementation of the Cai Cai
canal subproject and Ba Rai-Phu An subproject, has followed the principles of
compensation price, policies and regulations on compensation, support and resettlement
of government, of PPC mentioned in the updated resettlement plan. Particularly for such
ADB policy support programs as mentioned in the entitlement matrix of the updated RP,
the relevant stakeholders including Tien Giang PPMU, Cai Lay DPC, Cai Lay town PC,
Cai Be District, Đồng Tháp PPMU, Tan Hong DPC all agreed that in the next round this
plan was also disseminated to the public through community consultation meetings.
Accordingly, the policies and regulations used in land acquisition and resettlement for
two sub-projects are as follows:
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Vietnam GoV’s regulations
- Land Law dated 29/11/2013
- Decree 43/2014/ND-CP, dated 15/5/2014 of the Government regulated in detail
some regulations of Law on land;
- Decree 47/2014 / ND-CP dated 05/15/2014 of the Government regulations on
compensation, support and resettlement when the State recovers land/TT-BTNMT
dated 30 June, 2016 of MONRE regulated in detail on compensation, support and
resettlement when the State acquires land
- Circular no.37/2014
Tien Giang PPC’s regulation
- Decision No. 40/2014/QD-UBND dated 12/16/2014 of People's Committee of Tien
Giang province issued regulations on compensation, support and resettlement
when the State acquires land in Tien Giang province.
- Decision No.44/2015/QD-UBND dated 21/12/2015 of People's Committee of Tien
Giang province issued the prices for various land types in the area of Tien Giang
province for the period 2016-2020.
- Decision No.350/QD-UBND dated 17/1/2016 of Tien Giang PPC for approval of
land compensation price to implement land acquisition and compensation for
subproject Ba Rai – Phu An.
- Decision No.18/2016/QD-UBND dated 20/4/2016 of Tien Giang PPC regulated on
amendment and supplement of the content of compensation, support and
resettlement when the State acquires land on Tien Giang PPC regulated in
Decision No.40/2014/QD-UBND dated 16 December, 2014 of Tien Giang PPC.
- Decision No.05/2015/QD-UBND dated 02/9/2015 Tien Giang provincial regulations
on damage compensation unit prices of fruit, vegetables and aquatic animals when
the State acquires land.
- Decision No.29/2015/QD-UBND dated 09/04/2015 of Tien Giang Province People's
Committee issued the unit price of housing construction and common structures in
Tien Giang province area.
- Official letter no.1796/UBND-KTN dated 4/5/2016 of Tien Giang PPC regulated on
compensation and support for durian to implement land acquisition and
compensation for subproject Ba Rai – Phu An.
- Official Letter No.2966 dated 26/6/2014 of Tien Giang PPC regulated on specific
unit price for subproject “Upgrading the controlling system of saltwater intrusion in
Go Cong region, Tien Giang province”.
- Official Letter No.3654/UBND-KTN dated 4/8/2015 of Tien Giang PPC regulated on
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additional approval for policy of compensation, support and resettlement of
Subproject “Upgrading the controlling system of saltwater intrusion in Go Cong
region, Tien Giang province”.
Dong Thap PPC’s regulation
- Decision no.27/2014/QD-UBND dated 27/11/2014 of Dong Thap PPC issued
regulation on compensation, support and resettlement when the State acquires land
on Dong Thap province area
- Decision no.37/2016/QD-UBND dated 26/7/2016 of Dong Thap PPC regulated on
amendment and supplement of regulation on compensation, support and
resettlement when the State acquires land on Dong Thap province area
- Decision No.34/2014/QD-UBND of Dong Thap PPC dated 19/12/2014 issued the
regulation on table of land prices in Dong Thap province area every 05 years
(period 2015-2019).
- Decision No.16/2012/QD-UBND dated 12/06/2012 of Dong Thap PPC issued the
prices of housing and structure in Dong Thap province area.
- Decision No.36/2014/QD-UBND dated 25/12/2014 Dong Thap PPC regulated on
compensation prices for crops, aquatic, the grave relocation costs when the
Stateacquires land in Dong Thap province.
- Official Letter No.314/UBND-KTN dated 26/05/2016 of Dong Thap PPC regulated
on approving the replacement cost of sub-project Cai Cai canal works (phase 1)
and the level of support for vulnerable groups in subproject Plain of Reeds
58. For the Ba Rai – Phu An subproject: Base on legal documents mentioned above, LFDCs
of Cai Lay town, Cai Lay district and Cai Be district, Tien Giang province have prepared
the detailed compensation, support and resettlement plans and these plans have been
approved by Cai Lay town PC, Cai Lay and Cai Be DPCs according to Decision No.
2183/QD-UBND dated 16/5/2016; Decision No.3067/QD; and Decision No.4232/QD-
UBND dated 1/6/2016 respectively:
- Compensation for land
+ Compensation prices for various kinds of land have been approved specifically
for sub-project “Construction of flood controlling system in Ba Rai – Phu An
region, Tien Giang province” in Cai Lay town, Cai Lay district and Cai Be district
based on the results of the market price survey under Decision No.350/QD-
UBND dated 17/2/2016 issued by Tien Giang PPC. Compensation prices of
subproject Ba Rai – Phu An are higher than land prices stipulated periodically by
PPC. These prices have been updated in the updated RP August, 2016 of
subproject. Details of compensation prices for Cai Lay town, Cai Lay district and
Cai Be district are shown in the Table below:
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Cai Lay town area
Table 9: Compensation price of Subproject – Cai Lay town (unit: Dong per m2)
No Ward
/commune Name of
street/area/location
Land price under
Decision no. 44/2015
Compensation price according to
Decision No.350/QD-UBND
Perennial crop land 1 Tan Binh Khach Minh, Lo Lang sewer
KV1-KV3 105,000 585,000 KV3-VT3 50,000 219,000
2 Ward no.2 Kenh Dung, Hai Liem sewer KV1-VT4 90,000 602,000 KV1-VT4 90,000 273,000 30 June sewer KV1-VT4 90,000 314,000 KV1-VT4 90,000 241,000
3 Thanh Hoa 30 June sewer, Ca Chat sewer, Ca Nua sewer KV2-VT2 65,000 285,000 KV2-VT3 55,000 219,000
Residential land 1 Tan Binh Khach Minh sewer, Lo Lang sewer
1 Ward road 57B
450,000 946,000
2 KV2-VT3 120,000 410,000 2 Ward no.2 Kenh Đung, Hai Liemsewer
Tay Ba Rai road 600,000 903,000
KV1-VT4 350,000 539,000 30 June sewer Tay Ba Rai road 600,000 614,000
KV1-VT4 350,000 428,000
3 Thanh Hoa 30 June sewer,Ca Chat sewer, Ca Nua sewer Tây Ba Rài road 230,000 585,000 KV1-VT3 120,000 408,000
4 The cost to hire temporary land for the construction of works subproject is 20,000 VND/m2/year and its duration is about 02 year.
Cai Lay district area
Table 10: Compensation price of Subproject–Cai Lay district (unit: Dong per m2)
Rural land price
No Ward
/commune
Name of street/area/l
ocation
Land price under Decision
no. 44/2015
Compensation price
according to Decision
No.350/QD-UBND
Note
1 Cam Son Ong Ban sewer, Tham Rom sewer, Ong Kham sewer, Thay Thanh sewer West of Ba
Rai river 280,000 525,000 NearWest road of Ba
Rài river (asphalt,
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3.0m of width) West of Ba
Rai river 280,000 500,000 NearWest road of Ba
Rài river (broken stone, 4.0m of width)
KV1-VT3 120,000 394,000 Near Dall road, made by broken stone, 1.5m of width (NearWest road of Ba Rài river, 4.0m of width)
KV1-VT4 100,000 280,000 Remaining locations 2 Hoi Xuan Thay Thanh sewer, Ba Gon sewer, Hai Hue sewer West of Ba
Rai river 280,000 500,000 NearWest road of Ba
Rài river(broken stone, 4.0m of width)
KV1-VT3 120,000 394,000 Near Dall road, made by broken stone, 1.5m of width(Near West road of Ba Rài river, 4.0m of width)
Khang Chien sewer Provincial
road 864 600,000 1,177,000 Near provincial road
864 (the segment from Ba Rài river to Dong Hoa Hiep commune)
KV1-VT2 160,000 526,000 Near broken stone road, 3.0m of width, over 15m of channel width (near provincial road 864)
KV1-VT3 120,000 407,000 Near Dall road, made by broken stone, 15m of width (near provincial road 86).
3 Hiep Đuc Cay Sung sewer, Cai La sewer, Giong Tre 2 sewer Provincial
road 864 600,000 1,177,000 Near provincial road
864 (the segment from Ba Rai to Dong Hoa Hiep commune)
KV1-VT2 160,000 526,000 Near Dall road, made by broken stone, 15m of width (near provincial road 86).
KV1-VT3 120,000 407,000 Near Dall road, made by broken stone, 1.5m of width (near provincial road 86).
4 Phu An Đong Sao- Ca Nua sewer, Bo Keo sewer, Thong Luu sewer, Ap 2 sewer, Ranh Lang sewer
District road 67
550,000 1,027,000 Near district road 67 (the segment from provincial 75 to Phu An bridge)
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East of Phu An river
280,000 454,000 Near the East road of Phu An river (broken stone, 3.0m of width) over 15m of channel width
KV1-VT3 120,000 373,000 Near Dall road made be brokenstone, 1.5m of width (near the East road of Phu An river, 3.0m of width)
5 Binh Phu Rach Giong- Ba So sewer, Đap Chua sewer, Cay Me sewer, Giong Tre 1 sewer
East of Phu An river
280,000 454,000 Near district road 67 (The segment from provincial road 875 to Phu An bridge)
KV1-VT3 120,000 373,000 Near East road of Phu An bridge (broken stone, 3.0m of width), over 15m of channel width
Lo Hoa Thuong sewer KV1-VT2 220,000 468,000 Near Dall road, 2.0m
of width KV1-VT3 120,000 373,000 Near broken stone
road, 2.01.5mm of width
Agricultural land price (Perennial crop)
No Commune Name of street/area/location
Land price under Decision no. 44/2015
Compensation price according to Decision No.350/QD-UBND
Note
1 Cam Son Ong Ban sewer, Tham Rom sewer, Ong Kham sewer, Thay Thanh sewer KV2-VT1 80.000 273.000 NearWest road of Ba
Rài river (asphalt, 3.0m of width)
KV2-VT2 65.000 260.000 NearWest road of Ba Rài river (broken stone, 4.0m of width)
KV2-VT3 55.000 206.000 Near Dall road, made by broken stone, 1.5m of width (Near West road of Ba Rài river, 4.0m of width)
KV2-VT4 50.000 159.000 Remaining locations 2 Hoi Xuan Thay Thanh sewer, Ba Gon sewer, Hai Hue sewer KV2-VT1 80.000 273.000 Near Dall road, 3.0m
of width KV2-VT2 65.000 260.000 Near West road of Ba
Rai river (broken
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stone, 4.0m of width) KV2-VT3 55.000 206.000 Near Dall road, made
by broken stone, 1.5m of width (NearWest road of Ba Rài river, 4.0m of width)
Khang Chien sewer KV1-VT2 120.000 557.000 Near provincial road
864 (the segment from Ba Rài river to Dong Hoa Hiep commune)
KV2-VT 65.000 272.000 Near broken stone road, 3.0m of width, over 15m of channel width (near provincial road 864)
KV2-VT3 55.000 214.000 Near Dall road, made by broken stone, 15m of width (near provincial road 86).
3 Hiep Đuc Cay Sung sewer, Cai La sewer, Giong Tre 2 sewer KV1-VT2 120.000 557.000 Near provincial road
864 (the segment from Ba Rai to Dong Hoa Hiep commune)
KV1-VT2 120.000 557.000 Near Dall road, made by broken stone, 15m of width (near provincial road 86).
KV2-VT2 65.000 272.000 Near Dall road, made by broken stone, 1.5m of width (near provincial road 86).
KV2-VT2 55.000 214.000 Near provincial road 864 (the segment from Ba Rai to Dong Hoa Hiep commune)
4 Phu An Đong Sao- Ca Nua sewer, Bo Keo sewer, Thong Luu sewer, Ap 2 sewer, Ranh Lang sewer
KV1-VT3 105.000 416.000 Near district road 67 (the segment from provincial 75 to Phu An bridge)
KV2-VT2 65.000 230.000 Near the East road of Phu An river (broken stone, 3.0m of width) over 15m of channel width
KV2-VT3 55.000 185.000 Near Dall road made be brokenstone, 1.5m of width (near the East road of Phu An
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river, 3.0m of width) KV2-VT4 50.000 159.000 Remaining location 5 Binh Phu Rach Giong- Ba So sewer, Đap Chua sewer, Cay Me sewer, Giong Tre 1
sewer KV1-VT2 120.000 654.000 Near district road 67
(The segment from provincial road 875 to Phu An bridge)
KV2-VT2 65.000 230.000 Near East road ofPhu An bridge (broken stone, 3.0m of width), over 15m of channel width
KV2-VT3 55.000 185.000 Near Dall road made by broken stone, 1.5m of width (Near East road of Phu An river, 3.0m of width).
Lo Hoa Thuong sewer KV2-VT2 65.000 236.000 Near Dall road, 2.0m
of width KV2-VT3 55.000 185.000 Near broken stone
road, 1.5m of width
Cai Be district area
Clearance milestone at Giong Tre 2 sewer is coincident with clearance milestone of
provincial road 864 (Clearance implemented in 2008). Therefore, there is no land acquisition
and no compensation. The subproject only supported cost of hiring temporary agricultural
land during construction. Support shall be provide in compliance with policy in uRP, detail the
provisions of Clause 10, Article 1 of Decision No. 18/2016/QD-UBND dated 28/4/2016 of
Tien Giang PPC.
Compensation for housing, structures and graves:
+ Compensation for affected houses and structures applied the compensation rates
regulated in the Decision No.29/2015/QĐ-UBND, dated 4/9/2015 of Tien Giang PPC
and Article no.20 of Decision no.40/2014/QD-UBND dated 16/12/2014 of Tien Giang
PPC regulated on compensation, support and resettlement when the State acquires
land in Tien Giang province area.
- Compensation for crops/trees and cattles
+ Compensation for crops/trees and cattles affected by Subproject will be applied unit
price that issued on Decision no.05/2015/QD-UBND dated 9/2/2015 and Article no.28
of Decision no.40/2014/QD-UBND dated 16/12/2014 of Tien Giang PPC regulated on
compensation, support and resettlement when the State acquires land on Tien Giang
province area.
+ All the surveyed and consulted households confirmed that the compensation rates
made for affected annual crops/trees and cattles were equal to the values of the
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productivities of the crops/trees and cattles in that harvesting year; for affected
perennial trees, compensation unit rates were equal to the values of the trees in the
market at time of compensation. Affected households are satisfied with the applied
compensation rates and there is no complaint on the rates.
+ Due to the construction area of Giong Tre 2 sewer without land acquisition and no
impact on houses or buildings, support policies did not apply.
+ Support policies: Ba Rai-Phu An project is now being implemented in accordance
with the regulations of Tien Giang People's Committee. Supporting Program under the
policy of the project is arranged for implementation in the next period.
59. For the Cai Cai channel works subproject: Base on legal documents mentioned above,
Tan Hong DLFDC, Dong Thap province has established plan of compensation, support
and resettlement and this plan has been approved by Tan Hong DPC according to
Decision No. 805/QD-UBND dated 10/8/2016. Accordingly:
- Compensation for land: According to Official letter no. 574/UBND-KTN dated
23/11/2015, compensation prices for land have been approved specifically for sub-
project “Rehabilitation and upgrading for the flood drainage and irrigation system to
the Dong Thap Muoi region, Dong Thap province – Cai Cai channel works” in Tan
Hong district area, Dong Thap province. These prices were determined based on
site inspection and market price, under Decision No.574/QD-KTN dated 23/11/2016
issued by Dong Thap PPC. Accordingly, compensation price of subproject Cai Cai
channel works is higher than PPC’s compensation price. This price has been
updated in the updated RP August, 2015 of subproject. Details on compensation
price for Cai Lay town, Cai Lay district and Cai Be district are presented as
following:
+ Residential land in rural (plot 4, KV2): 150,000 VND/m2
+ Perennial crop land (KV2-KT2): 220,000 VND/m2
+ Paddy land (KV2-KT2): 180,000 VND/m2
For the affected agricultural land of AHs, those affected households not only receive
compensation cash based on replacement cost but also receive an amount of
money for job chagne with its value is more than three times the value of the
affected land. Affected households can immediately buy a new agricultural plot with
its area is larger than their old agricultural plot, after received compensation cash of
the subproject.
- Compensation price for affected housings and structures on land: applied according
to the Decision No.16/2012/QĐ-UBND, dated 12/6/2012 issued by Dong Thap PPC.
- Compensation price for crops, livestock, relocating grave: applied according to
Decision no.36/2014/QD-UBND dated 25/12/2014 of PPC regulated on
compensation price for crops, livestock when the State acquires land on Dong Thap
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province area.
Amount of money to support vulnerable groups: 8 millions per household. Supporting
program under the project policies such as supporting to stabilize production and life,
to vulnerable groups has been approved to such households to comply with the
contents mentioned in entitlement matrix of the updated resettlement plan.
5.2.4 Compensation payment
60. Payment time: payment of compensation of Ba Rai-Phu An Subproject started on
21/7/2016. Payment compensation of Cai Cai Canal sub-project commenced in
September 2016.
61. Payment organization
- The order of execution, payment of compensation and support for sub-projects shall
comply with the following 3 steps. Accordingly:
+ Step 1: Notify the affected households about the location of compensation
payment. When the AHs come to receive the payment, it is necessary to
present their ID card or household residential registration book and to bring
LUR certificates to adjust or withdraw. In case of household head is unable to
go, who is representative of household head must show authorization paper
certified by competent authority.
+ Step 2: Carry out payment for households, persons who receive money must
sign and inscribe their names clearly on the payment vouchers that issued by
Compensation Council. In case the household heal is unable to sign, person
who receives money must fingerprint in the payment record. For the Ba Rai –
Phu An subproject, LDFC of Cai Lay town, Cai Lay district and Cai Be district
directly paid compensation cash, support for AHs. For the Cai Cai channel
works subproject, the payment of compensation cash, support for AHs also
has been carried out by Dong Thap PPMU.
+ Step 3: Completing settlement procedure. For the Cai Cai channel works
subproject, PPMU carried out payment, thus, after completing the payment,
PPMU has responsible to complete settlement procedure of the subproject.
Settlement procedure would be sent to Compensation council and
Compensation council will synthesize the whole payment vouchers to pay with
Investor according to regulations
- Implementing agency of administrative procedures: LDFC of districts/towns,
compensation council of districts/town
- Profile compostion:
+ Compensation, support and resettlement for two subprojectshas been approved
by PPC
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+ Decisions approved for compensation, support and resettlement of the
subproject include:
List of affected householdsreceiving compensation cash (Appendix 16)
+ Payment voucher (Appendix 17)
62. The monitoring results show that all affected households, those households have been
informed of the date, time and place of payment. Payment was implemented quickly with
simple procedures and favorable to PAHs. Compensation for land, affected
houses/structures, crops/trees, and affected assets by the subproject was compliant with
the provisions of national laws and regulations, conformity to requirements of the
approved resettlement documents and the SPS, 2009.
5.2.5 Restoration of the affected people’s lives and livelihood
63. In addition to compensation for land and assets on the affected land, Tien Giang PPMU
and Cai Lay town PC, Cai Lay DPC, Cai Be DPC and Dong Thap PPMU, Tan Hong
town PC also apply many other assistances (such as support for career change and
creating jobs, stabilization of production life, support for vulnerable groups, policy
households, support due to interruption of production and business activities) for affected
households for the stabilization of their lives and incomes
64. As mentioned in Section 5.1, due to the time of the resettlement plan of the two sub-
projects BaiRai – Phu An and Cai Cai canal (2010), beneficial policies proposed in the
resettlement plan has been changed and no longer appropriate. These changes in the
updated resettlement plan of the sub – projects have been adjusted to be adequate to
current regulations and policies of the project. Accordingly, the compensation, support
and resettlement plans of both subprojects adhered to the proposed principles and
policies in the benefit matrix of the updated resettlement plan. That also means the
compensation, support and resettlement plans of both sub – projects have been
adequate to policies in the previous resettlement plans. However, the progress of
deploying the compensation, support and resettlement work of the two sub-projects was
divided into two different stages. The first phase includes the compensation of land,
houses, building, and assets, changing occupation and creation jobs program,
stabilization production life in accordance with Provincial People's Committee, support to
policy families, families of war invalids / martyrs, poor households according to PPC. The
support program under policies of the project (proposed in benefit matrix) containing
support for stabilization production life of BAHs, income restoration program, support for
vulnerable households were additionally implemented for the next phase. According to
LFDC of district/wards of the sub-project Ba Rai – Phu An Tien Giang and LFDC of Tan
Hong District of the subproject Cai Cai canal, locality had to implement periodically to
create the policy uniformity among projects on area, avoiding complaints of affected
households belonging to other projects in the area.
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65. For the Cai Be Canal subproject, support programs for APs under the policy of Dong
Thap Province People's Committee have been completed including programs to support
occupation change and job creation, support poor households, policy households,
support production life stabilization for AHs. Currently, the program to support livelihoods
and production for severely affected households in accordance with the regulations of
the People's Committee of Dong Thap province has higher levels than the proposed
support level in the uRP entitlement matrix. Specifically, at the rate of over 70% of
agricultural land, BAHs are supported to 12 months of allowance for non-relocation, 24
months for relocation households; while regulation in uRP is 9 months for non-relocation
and 12 months for relocation households. Or at the acquisition rate of 30-70% of the
agricultural land, according to the regulations of Dong Thap province, the support is 6
months without relocation, lower than the 9-month support offered by the URP. For
mobility, 12 months are supported by the level of support offered in uRP. The difference
in support against the proposed policy in uRP will be added in the next phase when
implementing other policies under the uRP including support for 10- 30% of agricultural
land, income restoration programs and support for vulnerable households.
66. For Ba Rai -Phu An sub-project, such programs as assistancefor job change and job
creation, for poor households, policy households and for productionand
livelihoodstabilizationof AHs. Are also implemented in accordance with the policy of
TienGiang Provincial People's Committee and in the first phase. The program to support
livelihoods and production for severely affected households under the uRP proposed
benefit policy in uRP, income restoration and support for vulnerable households
programsis also implemented in the next phases. According to the compensation,
support and resettlement plan approved by the People's Committees of Cai Lay, PC of
CaiBe and Cai Lay Town, the assistance for livelihood and production stabilization of
affected people having over 70% of the area of agricultural land is equal to the support
proposed in the uRP: 12 months support if non-relocation and 24 months support if
relocation; In cases affected by 30-70% of agricultural land, theallowance for relocation
according to the province regulations and according to the uRPis 12 months, if not
relocated, the support of Dong Thap province is 6 months, lower than 9 months in uRP;
In cases affected by 10-30% of agricultural land, the allowance according to the People's
Committee of Dong Thap province is 3 months if no relocation and 6 months if
relocation, lower than the support level proposed in uRP which is 6 months if no
relocation and 9 months if relocation. However, the policy of Dong ThapPPC also has
advantages compared to the proposed policy in uRP that ispeople are still supported to
stabilize their life for 3 months if no relocation and 6 months if relocationin the case of
acquisition less than 10% of agricultural land. Meanwhile, according to the uRP benefit
policy, the affected people are not supportedwhen affected by less than 10% of
agricultural land. The differences in the support level between the regulation of
TienGiang PPC and uRP will be added and implemented in subsequent phases together
with the income restoration program and support program for vulnerable households.
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67. Details of the support program for affected people have been implemented and the
proposed benefit policy in the RP, uRP of the subprojects is detailed in the table below:
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Table 11: Assistances for PAHs
No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
1 Assistance for job-change and job creation
Agricultural HHs do not receive compensation according to land for land when the State acquires land
Cash support equal to 2,5 times the agricultural land price for the whole area of agricultural land acquired but not exceeding the allocation of agricultural land at locality
Cash support equal to 3 times the agricultural land price for the whole area of agricultural land acquired but not exceeding the allocation of agricultural land at locality
Cash support equal to 3 times the agricultural land price for the whole area of agricultural land acquired but not exceeding the allocation of agricultural land at locality
Cash support equal to 3 times the agricultural land price for the whole area of agricultural land acquired but not exceeding the allocation of agricultural land at locality
Cash support equal to 3 times the agricultural land price for the whole area of agricultural land acquired but not exceeding the allocation of agricultural land at locality
Cash support equal to 3 times the agricultural land price for the whole area of agricultural land acquired but not exceeding the allocation of agricultural land at locality
2 Assistance for life stabilization
Support 30kg of rice/person/month Support 30kg of rice/person/month Over 70% of agricultural land area acquired
- Support 12 months if they are not required to move out - Support 24 months if they are required to move out - Support 36 months if they are required
- Support 12 months if they are not required to move out - Support 24 months if they are required to move out
- Support 12 months if they are not required to move out - Support 24 months if they are required to move out
Support 12 months
- Support 12 months if they are not required to move out - Support 24 months if they are required to move out
- Support 12 months if they are not required to move out - Support 16 months if they are required to move out
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
to move to the difficult areas
- Support 36 months if they are required to move to the difficult areas
- Support 36 months if they are required to move to the difficult areas
- Support 24 months if they are required to move to the difficult areas
From 30% to 70% of agricultural land area acquired
- Support 6 months if they are not required to move out - Support 12 months if they are required to move out
- Support 6 months if they are not required to move out - Support 12 months if they are required to move out
- Support 6 months if they are not required to move out - Support 12 months if they are required to move out - Support 16 months if they are required to move out and in vulnerable group
Support 9 months - Support 6 months if they are not required to move out - Support 12 months if they are required to move out - Support 24 months if they are required to move to the difficult areas
- Support 6 months if they are not required to move out - Support 12 months if they are required to move out - Support 16 months if they are required to move out and in vulnerable group
From 10% tounder 30% of agricultural land area acquired
- Support 6 months - Support 3 months if they are not required to move out - Support 6 months if they are required to move out
- Support 6 months if they are not required to move out - Support 9 months if they are required to move out - Support 12 months if they are
Support 6 months - Support 6 months if they are not required to move out - Support 9 months if they are required to move out
- Support 6 months if they are not required to move out - Support 9 months if they are required to move out - Support 12 months if they are
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
required to move out and in vulnerable group
required to move out and in vulnerable group
Under 10% of agricultural land area acquired
No support - Support 3 months if they are not required to move out - Support 6 months if they are required to move out
No support No support No support No support
3 Reloca
tion assistance
Households and individuals who lost housing and the rest of land area is not enough to rebuild new house/must to
For the households must relocate -The cost of relocation assistance in range of Province: 5,000,000 dong/household - The cost of relocation assistance to other Province: 7,500,000 dong/household
For the households must relocate -The cost of relocation assistance in range of Province: 7,000,000 dong/household - The cost of relocation assistance to other Province: 10,000,000 dong/household
For the households must relocate -The cost of relocation assistance in range of Province: 7,000,000 dong/household - The cost of relocation assistance to other Province: 10,000,000 dong/household
For the households must relocate + support 5,000,000 dong/household for the relocation + Cash benefits: 900,000 dong/household for for the relocation of the water meter and electricity meter -For the households, who affected a part
People affected by land acquisition/ temporary influence (75 households must carry out temporary relocation) For the households, who selected constructing a temporary house on channel bank under design of the GoV:
People affected by land acquisition/ temporary influence (75 households must carry out temporary relocation) For the households, who selected constructing a temporary house on channel bank under design of the GoV:
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
relocate to other place/ resettle on the rest of their land area
residential land and the rest of land area is enough to rebuild house: + support 5,000,000 dong/household for the relocation + Cash benefits: 900,000 dong/household for for the relocation of the water meter and electricity meter
• Financial support (based on replacement cost) to build a safety temporary house on channel bank2
• Give an allowance for the relocation to new house
• Give an allowance for severely affected households
-Households resettled in province, will receive an allowance as following:
• Financial support (based on replacement cost) to build a safety temporary house on channel bank3
• Give an allowance for the relocation to new house
• Give an allowance for severely affected households
-Households resettled in province, will receive an allowance as following:
2 Should ensure that those houses would meet the minimum standards of housing – Similar or better than the old one with facilities such as hygienic toilet, electricity and
clean water source 3 Should ensure that those houses would meet the minimum standards of housing – Similar or better than the old one with facilities such as hygienic toilet, electricity and
clean water source
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
+ Housing area under 15m2: 2,000,000 VND/household + Housing area from 15m2 to 30m2: 3,000,000 VND/household + Housing area from 31m2 to 45m2: 4,000,000 VND/household + Housing area over 45m2: 6,000,000 VND/household
+ Housing area under 15m2: 2,000,000 VND/household + Housing area from 15m2 to 30m2: 3,000,000 VND/household + Housing area from 31m2 to 45m2: 4,000,000 VND/household + Housing area over 45m2: 6,000,000 VND/household
b. Assistance for renting house
Applied for households, and individuals who have got housing before .
a) Relocation to the resettlement area - For the household has 01-04 members, will be supported 900,000 dong/month/household. - The household has more 04 members:
a) Relocation to the resettlement area - For the household has 01-04 members, will be supported 1,200,000 dong/month/household; - The household
a) Relocation to the resettlement area - For the household has 01-04 members, will be supported 1,200,000 dong/month/household;
- For the household must relocate to other place: support cash for renting house in 6 months according to regulation of PPC - For the household must relocate the
For the households, who affected a part or entire residential land and the rest of land area is
enough to rebuild house, they
For the households, who affected a part or entire residential land and the rest of land area is
enough to rebuild house, they
GMS Flood and Drought Risk Management and Mitigation Project (ADB-GMS1) #3 PERIODIC REPORT
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
5th person will be received 200,000 dong/month/person - Time of support is calculated at the time of handing over the land until they receive land for resettlement and adds 04 months to build housing, while the minimum supporting periodis 06 months b) Resettlement on their plot - For the household has 01-04 members, will be supported 900,000 dong/month/household. - The household has more 04 members: 5th person will be received 150,000 dong/month/person. - The maximum
has more 04 members: 5th person will be received 200,000 dong/month/person - Time of support is calculated at the time of handing over the land until they receive land for resettlement and adds 04 months to build housing, while the minimum supporting periodis 06 months b) Resettlement on their plot - For the household has 01-04 members, will be supported 1,200,000 dong/month/household. - The household has more 04
- The household has more 04 members: 5th person will be received 200,000 dong/month/person - Time of support is calculated at the time of handing over the land until they receive land for resettlement and adds 04 months to build housing, while the minimum supporting periodis 06 months b) Resettlement on their plot - For the household has 01-04 members, will be supported 1,200,000 dong/month/household.
shelter to the rest of their land: support cash for renting house in 3 months
would be
received an allowance for
renting house:support 6
months allowance for renting house for households, who
must dismantle totally their house
would be
received an allowance for
renting house:support 6
months allowance for renting house for households, who must
dismantle totally their house
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
support period is 6 months
members: 5th person will be received 200,000dong/month/person - Support period is 6 months
- The household has more 04 members: 5th person will be received 200,000dong/month/person; - Support period is 6 months
c Support for resettlement, relocation
Support for HHs must relocate and make their own shelter
- No regulated - Support: 80,000,000 dong/household
- Support: 80,000,000 dong/household
No regulated No regulated
Support for HHs acquired a part of hosing land, must move housing
-No regulated - Support for the cost of foundation repair: 30,000,000 dong/household
- Support for the cost of foundation repair: 30,000,000 dong/household
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
to the remaining land area Support for relocated HHs but they are incapable of resettlement4
- No regulated Support: 64,000,000 dong/household
Support: 64,000,000 dong/household
Support for poor households, who are required to move out
- Support 30kg of rice /month/household during 5 year.
- Support 30kg of rice /month/household during 60 months, equal to 21,600,000 dong/household.
- Support 30kg of rice /month/household during 60 months, equal to 21,600,000 dong/household.
4 Support for vulnera
Poor households,
- Support for stabilization by cash cash
- Support for stabilization by cash cash
- Support for stabilization by cash cash
- Support for stabilization by cash cash
For the vulnerable
4For HHs built housing on acquired agricultural land and had no other place in the commune area
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
ble households
women headed households with dependents, social protection policies, the lonely elderly, landless people, ethnic minorities
equivalent to 30 kg of rice/person/month for 12 months
- AHs frequently receive social allowance of the GoV, will be received an allowance equivalent to 2,000,000 dong/household
- For the martyrs' families, if they are required to move out, they will be received an allowance equivalent to 6,000,000 dong/household
equivalent to 30 kg of rice/person/month for 24 months at the market price at the time of compensation.
- Beside, the poor will receive monetary support equivalent to 30 kg of rice/person/month for 6 months. Rice price: 12,000 VND / kg
- AHs frequently receive social allowance of the GoV, will be received an allowance equivalent to 2,000,000 dong/household
- For the martyrs' families,
equivalent to 30 kg of rice/person/month for 24 months at the market price at the time of compensation.
- Beside, the poor will receive monetary support equivalent to 30 kg of rice/person/month for 6 months. Rice price: 12,000 VND / kg
- AHs frequently receive social allowance of the GoV, will be received an allowance equivalent to 2,000,000 dong/household
equivalent to 30 kg of rice/person/month for 24 months
- Thepoor households will be received an amount of monetary support equivalent to 30 kg of rice/person/month for 6 months.
households,
those households would be
received an amount of money
ranging from 4,000,000 to 8,000,000 dong to improve their
economic condition (according to Decision no.27/2014/QD-
UBND dated 27 November, 2014
of Dong Thap PPC regulated on compensation, support and resettlement when the State
acquires land on
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
if they are required to move out, they will be received an allowance equivalent to 6,000,000 dong/household
- For the martyrs' families, if they are required to move out, they will be received an allowance equivalent to 6,000,000 dong/household
Dong Thap
province area) as following:
- Family policy : 8,000,000
dong/household
- AHs frequently receive social
allowance of the GoV: 4,000,000 dong/household
- Near-poor household:
4,000,000 dong/household
If households are in both poverty household and family policy, they would be
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
received the highest amount. Other vulnerable households: 8,000,000 dong/household
5 Assistance for income disruptions for the affected business households
Business households affected by land acquisition activities of the subproject
- For the business households with business license: Support 30% of income by cash (1 year) according to average income of Three consecutive years before (based ontax receipt). It is regulated at Section 4, Article 26, Decision no.36/2009/QD-UBND of Tien Giang PPC - For the business households have not been approved by tax authority: After-tax imcome of those business
- Organizations and business households with business license will be supported under Paragraph 5 of Article 31 of Decision No. 40/2014/QD-People's Committee of Tien Giang Province: + If relocation to
other places: Support 30% of after-tax income (1 year) according to average income of
- Organizations and business households with business license will be supported under Paragraph 5 of Article 31 of Decision No. 40/2014/QD-People's Committee of Tien Giang Province: + If relocation
to other places: Support 30% of after-tax income (1 year)
No regulated There is no affected business household so compensation plan does not mentioned
Support amount applied according
to Decision no.27/2014/QD-UBND of Dong Thap PPC
regulated on compensation,
support and resettlement
when the State acquires land on Dong Thap province area. - Support by
cash in
transition period. The
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
households will be based on financial report, report on business result, which were submitted to tax authority
Three consecutive years before
+ If no relocation: Support 15% of after-tax income (1 year).
- Organizations and business household without business license but still paying tax: + If relocation to other places: Support 50% of after-tax income (1 year) + If no relocation: Support 10% of after-tax income (1 year).
according to average income of Three consecutive years before.
+ If no relocation: Support 15% of after-tax income (1 year).
- Organizations and business household without business license but still paying tax: + If relocation to other places: Support 50% of after-tax income (1 year) + If no relocation: Support 10% of after-tax income
support amount
is equivalent to 80% of
business household with
business license
- Workers working in
business facilities must leave off, will be received an minimum salary
level according to regulations
of current labor law (no more than 6 months for each person)
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
(1 year). 6 Bonus Allowan
ce bonus if the land was handed over on schedule
According to Section 4 Article 30, Decisionno 36/2009/QĐ-UBND of Tien Giang PPC - Bonus 5,000,000
dong/household for households have affected housing land and house
- Bonus 3,000,000 dong/household for households have affected house
- Bonus 2,000,000 dong/household for for households having their land; fruit trees; flower color; Structures (not affecting home) affected
According to Section 7, Article 37, Decision no. 40/2014-QĐ-UBND of Tien Giang PPC - Bonus 5,000,000
dong/household for households have affected housing land and house
- Bonus 3,000,000 dong/household for households have affected house
- Bonus 2,000,000 dong/household for for households having their land; fruit trees; flower color; Structures (not affecting home) affected;
The bonus does not exceed the
According to Section 7, Article 37, Decision no. 40/2014-QĐ-UBND of Tien Giang PPC - Bonus
5,000,000 dong/household for households have affected housing land and house
- Bonus 3,000,000 dong/household for households have affected house
- Bonus 2,000,000 dong/household for for households having their land; fruit trees; flower color;
Award a bonus for households handling over their land on schedule: 2,000,000 dong/household
No regulated No regulated
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No Assistance
Subject for
assistance
Ba Rai – Phu An Subproject Cai Cai channel subproject Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
Assistance level according to RP
Assistance level according to
compensation, support and resettlement
approved
Assistance level according to updated RP
compensation value
Structures (not affecting home) affected;
The bonus does not exceed the compensation value
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68. Support for income loss of business households: According to the report of Tien
Giang PPMU, LDFCs of Cai Lay town, Cai Lay district and Cai Be district, there was 01
household out of 247 affected households (Mr.Doan Van Banh household) affected by
business interruption. This household located in the area for constructing Dap Chua
sewer, Cai Lay district. This household is doing the business in sector of supplying
agricultural material. Within the landmark of site clearance, Doan Van Banh household
has to relocate his warehouse of agricultural material and this will affect his household’s
income and business. According to regulations at Article 31, Decision no.40/2014/QD-
UBND dated 16 December 2014 of Tien Giang PPC, Mr. Doan Van Vanh household
only had to relocate his warehouse within his existing land plot. The householdhas
received 15% after-tax income (one year), according to three consecutive years. The
total amount he received is 5,180,000 dong (details see at Appendix 18 –
Announcement on confirmation of Mr. Doan Van Banh’s tax money submitted to the
State and detail table on support for interrupted business). The program of supporting
income loss would be carried out in line with regulations of Tien Giang PPC and project’s
policies.
69. According to report of Dong Thap PPMU, Tan Hong LFDC, there was no household
affected by business interruption out of 153 affected households.
70. Assistance for job-change and job creation in case of recovery of agricultural land in
cash equal to 3 times the agricultural land price for the whole area of recovered
agricultural land at 3 times the price support compensated by agricultural land is done
with all households and individuals directly engaged in agricultural production. With this
assistance, many households with affected agricultural land had purchased larger
replacement land for production than the acquired area. For other families, the area
remaining agricultural land is still enough to produce, they continue to cultivate in the
remaining land and acquired land of the sub-preojct. They have not purchased the
replacement land, but intend to purchase upon request of land hand over for
construction. Those having over 10% of the agricultural land area under use recovered
had received support for life and production stabilization by cash equivalent to 30kg of
rice for a month (from 6 to 24 months). Support to overcome poverty according to plan of
compensation, support and resettlement, which was approved by Tien Giang and Dong
Thap PPC and other PPCs in project area. Ba Rai –Phu An channel subproject, for the
households lost under 10% of their land, they also receive an amount for production
stabilization, 3 months and 6 months for relocation and no relocation respectively.
71. Livelihood restoration program: Tien Giang PPMU, Dong Thap PPMU coordinated
with consultant unit for updating Resettlement plan set up a livelihood
restorationprogram for severely affected households in project area, based on the results
of consultations with affected households, DCARB, local government and the
commune/district People's Committe.
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+ For the Ba Rai – Phu An subproject: There were 11 households interested in
supporting the improvement of agricultural production, in which 6 households interested
in cow breeding, 01 household interested in pig breeding and 04 households interested
in planting durian. In order to ensure that households are eligible to participate livelihood
restoration program and livelihood restoration program would be carried out, DCARB
and affected persons have agreed that livelihood restoration program would be
intergrated with vocational training policiesof Tien Giang PPC. However, payment of
compensation cash, support and resettlement for affected households in Ba Rai – Phu
An subproject are in process of implementation so livelihood restoration program has not
been carried out. It is expected to carry out livelihood restoration program after finishing
compensation for AHs. LFDC of Cai Lay district and Cai Lay town will cooperate with
wards/communes PC in project area to implement public consultation for AHs on
livelihood restoration program and redefine AHs’ demand. After that, an appropriate
livelihood restoration program will be set up.
+ For the Cai Cai works channel subproject: there were 02 models of income restoration
program selected, include training of high-quality rice production and Sind cow breeding.
There were 30 severely affected households interested in training of high-quality rice
production and 20 severely affected households interested in Sind cow breeding. It is
expected that 6 training courses would be established to carry out for households
interested in two models. Monitoring results show that payment for compensation cash,
support and resettlement for Cai Cai channel works subproject has almost done (except
8 households located at plot no.4 – Tan Phuoc commune, are recommending for more
support of compensation cost). However, according to opinions of local government and
people, the construction of byre will face diffcults or building barns near their housing
wouldn’t guarantee sanitation because of ordor arising from cattle’s waste due to small
construction area and not enough space to build barns. Hence, Dong Thap PPMU and
Tan Hong DLFDC will coordinate with commune governments Tan Binh, Tan Thanh A,
Tan Phuoc to identify the demand of livelihood restoration program for people,
72. Thus, although affected households in two subprojects had received compensation cash,
support and resettlement but cash support for livelihood restoration program has not.
Therefore, Tien Giang PPM, Dong Thap PPMU and relevant agencies should resolve
quickly and as soon as possible the outstanding issues in line the requirements of the
URP, Safety Policy Statement of ADB (SPS, 2009) and the regulations of the
Government of Vietnam.
5.2.6. Site clearance and land hand-over
73. As mentioned above, and monitoring results of IMO: compensation, support and
resettlement for two subprojects has not been completed 100%
+ For the Ba Rai – Phu An subproject: has completed payment for 130/247 affected
households at 13 sewers, in which 9 sewers located in Cai Lay district including: Cay
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Sung, Cai Na, Giong Tre 2 (Hiep Duc commune), Khang Chien, Ba Gon, Hai Hue (Hoi
Xuan commune), Thay Thanh (Hoi Xuan and Cam Son commune); Thong Luu (Phu An
commune), Ong Bang (Cam Son commune); 4 sewerslocated in Cai Lay town including:
Ca Chat, Ca Nua (Thanh Hoa commune), Khach Minh, Lo Lang (Tan Binh commune).
All AHs have received compensation, support and resettlement and committed that they
will hand over the land as regulated (Appendix 19).
+ For the Cai Cai channel works subproject: has completed payment for 145/153
AHs, in which 70 households located at plot no.1 (Thong Binh commune), plot no.2 and
no.3 (Tan Thanh A commune), At Bo sewer, Ba Hai Mot sewer, Bay Thua sewer (Thong
Binh commune), Nga Tu sewer (Tan Phuoc commune), Cau Ca Trap II, Cau Ca Trap III
and 75/83 AHs located at plot no.4 (Tan Phuoc commune). Therefore, there were 08
remaining households located at plot no.4 have not been received compensation
cash/support. AHs received cash compensation, support and resettlement and
committed to hand over the land as regulated
74. Monitoring results show that households had handed over their land after receiving
compensation in cash because they agree with compensation policies of the subproject.
Besides, those households also expected to receive a bonus for handing over the
ground on schedule as mentioned in subproject’s policies.
75. Currently, where the project locations have completed payment of compensation, LDFC
of towns/districts have handed over the ground to Employer and contractors. In the pre-
construction period, IMO recommended Employer managing tightly the site to avoid re-
encroachment in project area.
5.2.7. Arrangement for resettlement
76. According to the updated RP, 52 households must relocate due to land acquisition in Ba
Rai – Phu An subproject, in which 29 households shall not move to other place. Such
households only have to resettle in place and rebuild their houses on the remaining land
area. This significantly reduces negative impacts to their life, livelihood and income.
However, 23 remaining households have to relocate to new place. After public
consultation meeting, these households recommended to local authorities for staying
instead relocating to new resettlement area (because new resettlement area is quite far
from their current place). 53 households would be received compensation cash for
affected assets and support for livelihood restoration. For example, for the households
resettled in place, they are not only received compenstation cash for affected assets at
replacement cost and cash support for construction of new housing but also received
support for livelihood restoration. For the households who have to relocate to other
place, in addition to payment for affected assets, they will receive a financial support
higher than households who resettle in place. Those households also will receive an
amount 80,000,000 dong instead 64,000,000 dong for the households selected to build
housing on channel bank (illegal construction). All relocation households will be invited to
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participate to livelihood restoration program.
77. However, as mentioned above, compensation for AHs in Ba Rai – Phu An subproject is
being carried out. Therefore, some households located at construction area of sewers
had received compensation above in the first compensation phase of the subproject. The
households located at remaining communes would be received compensation above in
the next compensaton phase. For the households already received cash compensation,
they are rebuilding their new house. Survey results show that, households are satisfied
with resettlement policies, support of the subproject.
78. General, the support for relocation have not been provided to all relocation households.
Tien Giang PPMU and authorities at all levels have actively solved to ensure affected
people’s entitlements through compensation and assistance implementation was
compliant with the provisions of national laws and regulations, conformity to
requirements of the approved resettlement documents and the SPS, 2009 and
regulations of GoV.
79. For the Cai Cai channel works subproject, three (03) communes in low lying areas would
be embanked to ensure living condition for people in subproject area. This will reduce
negative impacts of inundation by leveling. Soil for leveling would be taken from channel.
75 households located at plot no.4, Tan Phuoc commune must temporarily relocate to
another place for leveling in this area. 75 households will lose their current housing but
their land would not. After leveling completed, these households will go back and rebuild
their housing. These households must resettle twice. There are 8 permanent houses (4
houses were made by reinforced concrete structure and remaining houses were made
by wood) of 8 households. Heads of the householdsare required to retain their house
instead of breaking down it. Therefore, such households would be reinforced to avoid the
influences of leveling process. 4 other households would lose their house by
construction of two bridges, in which, 3 households must relocate to new resettlement
area, the remaining household will rebuild house on their residentialland plot.
80. Monitoring results show that, 75 households located at plot no.4, Tan Phuoc commune
must relocate and conduct temporary resettlement at opposite side of river. These
households had already received compensation and are constructing their house on new
resettlement area as well as moving on temporary house at temporary resettlement
area. Some households are building new house in new resettlement area and they are
still staying at their current house till the subproject starts the construction. All
households are satisfied with compensation of the subproject. The current life of the
households does not change because the temporary resettlement location is opposite to
their old house (just across the road). However, some households recommended that
when project completed, they will go back to rebuild house. These households were
concerned that compensation cash is not enough to buy new house on old place if
occurring the incurred charges. For 04 households affected by construction of bridges
Ca Trap II and Ca Trap III, these households already received cash compensation,
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allowances and land plot in resettlement site and their life is stable in new place.
81. For 8 households located at plot no.4, according to initial plan, 08 permanent houses (4
houses were made by reinforced concrete structure and remaining houses were made
by wood) will be strengthened to avoid the impacts of leveling process. The cost for
strengthening these houses has been calculated, however, at the time of compensation
payment for 8 households, they desired to receive additional cost compared to initial
cost, 2/8 households have changed their options and want to be relocated in temporary
resettlement site like 75 AHs mentioned above. Currently, plan to provide additional
support cost for 8 households are being considered and submitted to Tan Hong PPC for
approval.
5.2.8. Grievance Redress Mechanisms
82. RP and RP updated of sub-projects have a well-defined grievance redress and
resolution mechanism has been established with 4 steps. Complaint Files are stored at
all levels. At commune level, The People Commitee is responsible for documenting and
keeping file of all complaints that it handles. At districtlevel, LFDC is responsible for
documenting and keeping file of all complaints that it handles.
83. Two subprojects didn’thave any complaints/claims, only issue of 8 households located at
plot no.4, Tan Phuoc commune in Cai Cai channel works subproject area. These
households recommended to have an additional cost and 2/8 households want to be
arranged in temporary resettlement area. Besides, some households complained
verbally during DMS process and requested to verify the legal status of land and
property. Most of these problems have been reviewed thourougly by DCFLPs in
coordination with local government communes/wards in the sub-project area, and
specific solutions have been provided as mentioned in paragraph 43 above.
84. Thus, excpet to the requests of 8 households located at plot no.4 for additional cost, the
subproject does not have any unresolved complaint relating to compensation, support
and resettlement. For Cai Cai canal works, Dong Thap PPMU and relevant agencies
should review fast and consider requests of 8 these households (if it is reasonable). For
Ba Rai – Phu An subproject, Tien Giang PPMU/LDFCs of Cai Lay town, Cai Lay district
and Cai Be district should coordinate with relevant departments to make payment of
compensation, support soon for AHs.
5.2.9. Satisfaction of the Affected People on Resettlement Implementation.
85. All affected households are aware the importance and benefit of Subproject. Hence,
affected people as well as non-affected people extremely welcome to this subproject,
they also recommend Tien Giang PPMU and Dong Thap PPMU shall deploy soon the
works.
86. The results of monitoring show that most of affected people are satisfactory with
compensation of project: i) All households that received compensation cash, support and
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resettlement are satisfied with project’s policies as well as compensation cost; ii) For the
households that have not received cash compensation or partial cash compensation,
they also feel satisfied to receive cash compensation, support and resettlement in the
next phase. Therefore, they want Tien Giang PPMU and Dong Thap PPMU will quickly
arrange payment for compensation, support and resettlement, so they can stabilize their
life soon.
87. According to IMO, Tien Giang PPMU, Dong Thap PPMU and LFDCs and authorities at
all levels have actively solved issues araising in land acquisition and resettlement
process to ensure that the implementation of affected people’s entitlements through
compensation and assistance was in compliance with the provisions of national laws and
regulations, conformity to requirements of the approved resettlement documents and the
SPS, 2009.
5.2.10. Impacts on gender and strategy .
88. The subproject “Construction of flood controlling system in Ba Rai – Phu An region, Tien
Giang province” has totally 247 households (309 populations) affected by agricultural
land acquisition, in which has 46/247 households with female-headed. For the Cai Cai
channel works subproject, total affected households is 153 households (632
populations), there is no female-headed household. Women are more affected than men
because the opportunity of finding new job of women are more difficult than men (due to
health, knowledge, awareness, and sometimes it also is prejudices).
89. In process of land acquisition and site clearance, Tien Giang PPC, LDFCs of Cai Lay
town, Cai Lay district and Cai Be district, CPCs in project area have focused on solving
issues above and supporting such affected people, especially affected households that
woman is female-headed. The following activities were conducted:
- Socio-economic data, labor distribution and scope of effect have been collected and
separated by gender
- Disclosure information and public consultation have been carried out to ensure the
participations of male and female in an effort encouraging female’s participation to
make a decision. Series of disclosure information and public consultation have been
implemented with 43.67% of total meeting participants are females.
- Assistance measures to protect economic-social status for vulnerable households
such as households headed by women, poor householdsV with an appropriate
cost.
- In case the project allocates new land or house rights for,relocated households,
land use right have to issue to both husband and wife.
- Compensation and assistance in cash was given to both husband and wife.
90. Besides, Women's Unions in Hong Ngu district, especially Thuong Phuoc 2 and Thuong
Thoi Tien commune have been frequently carried out well their own roles in
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implementation and coordination with PC at all levels to disseminate, propagate and
raise women’s role in supervision and social commentary. This Women’s Union also
participates in checking, monitoring the implementation of the policies that related to
women, children, elderly people, people with disabilityV. to protect the rights of
vulnerable groups and promote equal rights for women in province in general, and
affected people (mainly are women) by the subproject in particular.
5.3. Outstanding issues
91. As mentioned in Section 5.2, the outstanding issues to be solved can be summarized as
follows:
- For the 8 AHs located at plot no.4, Tan Phuoc commune in Cai Cai channel works
subproject, those households desire to receive additional cost for reinforcing their
house and 2/8 households want to be moved in temporary resettlement site similar to
75 households as mentioned above. Such cases would be reviewed and considered by
Dong Thap PPMU, Tan Hong DPC and local authorities for approval (if it is
reasonable).
- For Ba Rai – Phu An subproject, up to now, no complaints/claims of households do
existhowever, payment for compensation, support and resettlement is quite slow. Thus,
Tien Giang PPMU, Tien Giang PPC, LDFCs of Cai Lay town, Cai Lay district and Cai
Be district should coordinate with relevant agencies to accelerate the payment process
to the remaining AHs to avoid the influence to project progress.
- Both Ba Rai – Phu An and Cai Cai channel subprojects, livelihood and production
stabilization program for AHs (lost over 10% agricultural area). The AHs received an
amount according to regulation of Tien Giang and Dong Thap PPC. Thus, an plan for
additional fund to offset the difference between PPC’s regulations and the proposed
policies in uRPs needs to be quickly finalized, submitted for approval and implemented
for APs
- Income restoration program for severely affected households and vulnerable
households in two subprojects has not been carried out. Therefore, after compensation
completed, Tien Giang PPMU, Dong Thap PPMU and LFDC should coordinate with
local authorities to deploy livelihood restoration program, ensure a stable life for local
people after carrying out land acquisition.
5.4. Recommended action plan and responsibility for implementing action plan
92. After the report has been reviewed and disclosed by ADB, CPO/CPMU will take the
responsible to implement action plan to fix all findings.
93. CPO/CPMU will officially inform to DARD and Tien Giang PPMU, DARD and Dong Thap
PPMU all findings and request Tien Giang DARD/PPMU, Dong Thap DARD/PPMU for
action. Although Tien Giang DARD/PPMU and Dong Thap DARD/PPMU discussed and
agreed with the results and the actions needed in the monitoring reports, official letters
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from CPO/CPMU about the findings and request the executive action is crucial to
DARD/PPMU can work with PPCs participating to the project.
94. Tien Giang, Dong Thap Province People's Committee makes a decision for solving the
problem and allocate budget for the implementation of solving problems that still exist.
95. DARD/PPMU of Tien Giang and Dong Thap province, PCs of districts/towns, LDFC will
perform the action.
96. Independent monitoring consultant will monitor the implementation of the action plan.
Table 12: Proposed action plan and responsibility of stakeholders
STT Activites Responsible Time frame
1
Announcement/discussion with
CPO/CPMU on the findings and
necessary actions
ADB First week of
January, 2017
2
Announcement/discussion with Tien
Giang DADR/ Tien Giang PPMU on
the findings and necessary actions
CPO/CPMU Second week of
January, 2017
3
Working with Tien Giang/Dong Thap
Province People's Committee for
decision-making for solving the
problem
DADR/PPMU Fourth week of
January, 2017
4 Making decisions for solving the
problem and allocate budget
Tien Giang Province
People's Committee
Fourth week of
January, 2017
5
Summary the content of Monitoring
Report # 3on an one page
information paper
Tien Giang/Dong Thap
Province People's
Committee
Fourth week of
January, 2017
6
Annoucement the information
document and decision of Tien
Giang Province People
PPMU/ PCP, District
Fourth week of
January, 2017
7 Solving the problems PPMU/ PCP, District February, 2017
8 Monitoring implementation of the
action plans
Independent
monitoring consultant
Beginning of May,
2017
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VI. CONCLUSION AND RECOMMENDATION
6.1. Conclusion
97. As mentioned above, the compensation, support and resettlement plans of the two sub-
projects Bai Rai – Phu An and Cai Cai canal divided into several phases. The first phase
includes the compensation of land, houses, building, plans, animals and assets
compensation assistance for resettlement, changing occupation and creation jobs
program, stabilization production life in accordance with Provincial People's Committee.
The support program under policies of the project proposed in uRP containing income
restoration program, support for vulnerable households, the difference of the amount
supporting for livelihood and production stabilization program between PPC’s regulations
and the proposed policiesy in uRPs would be additionally implemented for the next
phases
98. Up to now, the Ba Rai – Phu An subproject has carried out payment of compensation
cash, support and resettlement for 126/247 households located at construction area of
13 sewers, in which 9 sewers located inCai Lay district including: Cay Sung, Cai Na,
Giong Tre 2 (Hiep Duc commune), Khang Chien, Ba Gon, Hai Hue (Hoi Xuan
commune), Thay Thanh (Hoi Xuan and Cam Son commune); Thong Luu (Phu An
commune), Ong Bang (Cam Son commune); 4 sewer located in Cai Lay town including:
Ca Chat, Ca Nua (Thanh Hoa commune), Khach Minh, Lo Lang (Tan Binh commune).
Total compensation cost, which has been directly paid to AHs, is about 26,204,766,000
VND out of 53,394,096,000 VND. The remaining AHs have not been received
compensation cash, support and resettlement because of the delay in allocating budget
for land acquisition.
99. The Cai Cai channel works subproject already completed payment of compensation,
support and resettlement for 145/153 AHs, including 70 AHs located in plot no.1 (Thong
Binh commune), plot no.2 and no.3 (Tan Thanh A commune), At Bo sewer, Ba Hai Mot
sewer, Bay Thua sewer (Thong Binh commune), Nga Tu sewer (Tan Phuoc commune),
Cau Ca Trap II, Cau Ca Trap III and 75/83 AHs located at plot no.4 (Tan Phuoc
commune). Total compensation cost, which has been directly paid to AHs, is about
31,600,000,000 VND out of 31,948,882,500 VND. Thus, only 08 remaining households
in the subproject have not received compensation and support. Currently, plan to provide
additional support cost for 8 households are being considered and submitted to Tan
Hong PPC for approval.
100. With the argument presented above, therefore Income restoration program for
severely affected households and vulnerable households and stabilization of production
life for severely affected households under policies in two subprojects has not been
carried out. After compensation completed, Tien Giang PPMU, Dong Thap PPMU and
LFDCs should coordinate with local authorities to immediately deploy plans to ensure
benefits and life stabilization for local people.
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101. Basically, Tien Giang PMU, Dong Thap PPMU and DCCS have complied with
the resettlement procedures presented in the sub-project RP and in Decree No.
84/2007/ND-CP by the Government of Vietnam. Representatives of the affected people
and relating sectors participate in and monitor the project information disclosure,
inventory, and compensation payment. Complaints by the affected people have been
received and settled timely by the PMU and the authorities. Internal monitoring has also
been implemented by Tien Giang PPMU, Dong Thap PPMU.
102. Resettlement data, documents are stored at DLFDCs and PPMU in form of
paper documents and computers for management and reporting purposes. Tien Giang,
Dong Thap PPMU has assigneda staff in charge ofCompensation and resettlement to
cooperate with DLFDCs in implementing compensation and clearance for the project.
With this operation, implementation of the project compensation and resettlement has
been precise, objective and easy, the affected people’s grievances have been treated
timely and the resettlement implementation progress has been ensured.
6.2. Recommendation
103. To ensure rights and benefits of the affected people, help them promptly
settling down, developing production and to be able to construct the sub-project at the
planned progress, IMO have some recommendations as follows:
For the Ba Rai – Phu An subproject:
- Tien Giang PPC should quickly approve and provide budget to Tien Giang PPMU
and LFDCs for the payment of compensation cash to 121 remaining AHs
- Tien Giang PMU, DCCS and DLFDC need make payment of compensation and
assistances to AHs quickly.
(i) Tien Giang PPMU needs to enhance monitoring during the construction phase to
ensure that any negative impacts on the local people during construction will be
measured and compensated timely in accordance with the project policies. During
this period, the PMU still needs to arrange specialized staff to perform the tasks of
internal supervision, uses the form 1 and 2 referred to in Annex 6 of this report.
For the Cai Cai channel works subproject
- For the 8 AHs located at plot no.4, Tan Phuoc commune in Cai Cai channel works
subproject, those households desire to receive additional cost for reinforcing their
house and 2/8 households want to be arranged in temporary resettlement area
similar to 75 households as mentioned above. Such cases shall be reviewed and
considered by Dong Thap PPMU, Tan Hong DPC and local authorities (if it is
reasonable) to avoid negative impacts to project progress.
General issues of two subprojects:
- Tien Giang PPMU/Dong Thap PPMU should enhance to supervise contractor to
ensure that there have no adverse impacts occurring during construction. In this
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stage, PMU should arrange staffs for performing internal supervision by using
forms no.1 and no.2, which have been attached to appendix 4 in the report.
- Income restoration and support for stabilization of production life program for
severely affected households and for vulnerable households in two subprojects
has not been carried out. Therefore, after compensation completed, request to
Tien Giang PPMU, Dong Thap PPMU and LFDC should coordinate with local
authorities to accelerate immediately after completing the first payment for BAHs
and implement livelihood restoration program after completing the compensation
payment for AHs to ensure stable life for local people after carrying out project
- The payment of compensation cash of two subprojects has not been completed
fully however, the payment of compensation cash had been carried out well at
several works of two subprojects such as construction area of sewers (Ba Rai –
Phu An subproject); plots, construction area of sewers and bridge (Cai Cai channel
works subproject). Therefore, in order to ensure project progress, Tien Giang
PPMU/Dong Thap PPMU should recommend CPO for the commencement of
construction in several locations, which had been completed payment of
compensation cash to AHs, These locations include:
+ Sewers in Ba Rai – Phu An subproject: 9 sewers belonged to Cai Lay district
include sewers as following: Cay Sung, Cai Na, Giong Tre 2 (Hiep Duc commune),
Khang Chien, Ba Gon, Hai Hue (Hoi Xuan commune), Thay Thanh (Hoi Xuan and
Cam Son commune); Thong Luu (Phu An commune), Ong Bang (Cam Son
commune); 4 sewers belonged to Cai Lay town include sewers as following: Ca
Chat, Ca Nua (Thanh Hoa commune), Khach Minh, Lo Lang (Tan Binh commune).
+ All items of Cai Cai channel works subproject, except area of plot no.4
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1. Minutes of work between the IMO and the implementing agencies 2. Some typical images during monitoring 3. List the interviewed households 4. Internal monitoring form
5. Decision no.2183/QD-UBND dated 16 May, 2015 6. Decision No 3067/QD – UBND dated 16 May, 2016 7. Decision no 4232/QD-UBND dated 01 June, 2016 8. Decision No 805/QD – UBND dated 10 August, 2016 9. Minute of approving the draft compensation plan and the temporary
compensation value for households 10. Minute of public posting of the draft compensation plan and the temporary
compensation value. 11. Confirmation of the ending time of the public posting of the proposed
compensation plan and the value of temporary compensation for affected households.
12. Detail compensation plan for each affected households 13. Working miniute between 8 Ahs and LFDC of Tan Hong Dictrict with Tan Phuoc
CPC 14. Affected property declaration 15. Inventory minutes of land, housing, structure on land and crops, trees of AHs
16. List of BAHs receiving cash aid
17. Payment for AHs
18. Notification of the confirmation of sales, the amount of tax paid to state budget by Doan Van Banh’ household and details of support
19. Minutes of receiving and commiting to relocate
LFDCS
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Appendix 1–MINUTES OF WORK BETWEEN THE IMO AND THE IMPLEMENTING AGENCIES
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Appendix 2–SOME TYPICAL IMAGES DURING MONITORING
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Appendix 3– LIST OF THE INTERVIEWED HOUSEHOLDS
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Appendix 4 - INTERNAL MONITORING FORM Sample 1: Monitoring the social security problem in the construction phase
(Applicable to the sub-projects in the construction phase)
PMU of VVVVVVVVVV. Date: VV./VV./VVV
Report period From: VV./VV./VVV To: VV./VV./VVV
Name of subproject:
Investment location:
No. The monitoring content The level / progress
1 Actual progress of ongoing projects (which stage?)
2 Site clearance and payment of compensation to affected people
3 The complaints related to compensation, support and resettlement of affected people by the time of reporting (if applicable)
The problems arise after completing the support policy of resettlement and livelihood recovery? (if any)
4 Assessment construction process, what effects that the project activities affect to the community (positive / negative)?
5 Conclusion, suggestions
[Signature and stamp]
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INTERNAL MONITORING FORM
Sample 2: Settlement of complaints status.
PMU of VVVVVVVVVV. Date: VV./VV./VVV
Report period From: VV./VV./VVV To: VV./VV./VVV
Name of subproject:
Investment location:
Subproject/ Items
Commune level District level Board of compensation Ban QLDA tỉnh PPMU Cấp tỉnh Tòa án
Number of households complaint
Number of households were satisfactorily resolved
Number of households complaint
Number of households were satisfactorily resolved
Number of households complaint
Number of households were satisfactorily resolved
Number of households complaint
Number of households were satisfactorily resolved
Số hộ khiếu nại
Số hộ được giải quyết thỏa đáng
Số hộ khiếu nại
Số hộ được giải quyết thỏa đáng
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Appendix 5: Decision no.2183/QD-UBND dated 16 May, 2015
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Appendix 6: Decision No 3067/QD – UBND dated 16 May, 2016
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Appendix 7: Decision no 4232/QD-UBND dated 01 June, 2016
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Appendix 8 Decision No 805/QD – UBND dated 10 August, 2016
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Appendix 9: Minute of approving the draft compensation plan and the temporary compensation value for households
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Appendix 10: Minute of public posting of the draft compensation plan and the temporary compensation value.
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Appendix 11: Confirmation of the ending time of the public posting of the proposed compensation plan and the value of temporary compensation for
affected households.
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Appendix 12. Detail compensation plan for each affected households Phương án đền bù được lập chi tiết cho từng hộ BAH
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Appendix 13: Working miniute between 8 Ahs and LFDC of Tan Hong Dictrict with Tan Phuoc CPC
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Appendix 14: Affected property declaration
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Appendix 15: Inventory minutes of land, housing, structure on land and crops, trees of AHs
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Appendix 16: List of BAHs receiving cash aid
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Appendix 17: Payment for AHs
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Appendix 18: Notification of the confirmation of sales, the amount of tax paid to state budget by Doan Van Banh’ household and details of support money
UBND HUYỆN CAI LẬY CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
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TT PHÁT TRIỂN QUỸ ĐẤT
Độc lập - Tự do - Hạnh phúc
Cai Lậy, ngày tháng năm 2015
BẢNG TỔNG HỢP MẤT LỢI TỨC KINH DOANH ĐỐI VỚI HỘ ÔNG ĐOÀN VĂN BẢNH
TIỂU DỰ ÁN KIỂM SOÁT VÀ GIẢM RỦI RO DO LŨ VÙNG BA RÀI - PHÚ AN
Cống Đập Chùa - xã Bình Phú
STT Họ và tên Thu nhập chịu
thuế (đồng/tháng)
Đơn vị tính
(tháng)
Mức hỗ trợ (%)
Thành tiền (đồng)
Ghi chú
1 Đoàn Văn Bảnh (Cống Đập Chùa)
2013 5,264,000 12 15% 9,475,000
2014 2,340,000 12 15% 4,212,000
Quí I, II, III năm 2015
2,080,000 12 15% 3,744,000
Tổng: 03 năm 9,684,000 17,431,000
Tổng mức hỗ trợ (bình quân 3
năm) 3,228,000 12 15% 5,810,000
Bằng chữ: Năm triệu, tám trăm mười nghìn đồng đồng.
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Appendix 19: Minutes of receiving and commiting to relocate
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