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SOCIALIST REPUBLIC OF VIETNAM NINH BINH PROJECrI' bIAN:\GEiVIENrI' UNIT
RESETTLEMENT PLAN
THE RURAL WATER SUPPLY AND SANITATION PROJECT
OF 10 COhIhIUNES IN NINH BINH PROVINCE - SECOND STAGE
SIIB-PROJECT: IN CIA THANH, GIA TRAN, MA1 SON, YEN HOA, YEN HUNG, YEN DONG, KHANH TRUNG, KHANH
MAU, KHANH HONG AND LA1 THANH
NINE1 BINH PROVINCE
PIIO.JISC1' INVES'I'OR PROJECT PREPARATOR
IUINl-I UINII PROJEC'T hI:\N,-\GE;\IEN'I' UNI'T ASSOCIATION OF VIETN.Ak1 WATER, SANITATION A N D
EIUVIRONAIENT JOINT STOCK COMPANY (VI\V.ASE) AND ORIENT CONSULTANT AND INVESThIENT FOR
INF'R.ASrTRUCTURE DEVELOPMENT JOINT STOCK
RP280 v9
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MUC LUC
.................................................................................................. 1 INTRODUCTION 6
2 . LEGAL FRAMEWORK AND ENTITLEMENT POLICY ........................................ 7 .................................................................... 2.1 Laws. Decrees and Circulars of Vietnam 7
2.2 World Bank policy on involuntary resettlement .......................................................... 7 ......................................................................... 2.3 Policies to be applied by RRD-RWSS 8
3 . PROJECT AFFECTED SCOPE AND INHABITANT STATUS ............................ 9 ................................................................. 3.1 Project affected area and displaced persons 9
3.2 Displaced person condition in the project affected areas ........................................... 13
................................................................... 4 . INSTITUTIONAL ARRANGEMENT 15 ..................................................................................... 4.1 Central Project Office (CPO) 15
........................................................................ 4.2 Provincial People's Committee (PPC) 15 ................................................... 4.3 Provincial RRD-RWSS Steering Committee (PSC) 15
4.4 Departments of Finance, Construction, Natural Resources and Environment and other related departments ........................................................................................... 16
4.5 Ninh Binh Project Management Unit ......................................................................... 16 ....................................................................................... 4.6 District People's Committee 17
4.7 The Compensation, Allowance and Resettlement Council ........................................ 17 ................................................................................... 4.8 Commune people's committee 17 . .
4.9 Independent Monitoring Organlzatlon ....................................................................... 17
5 . PUBLIC CONSULTATION. INFORMATION ANNOUNCEMENT AND GRIEVANCE MECHANISMS .................................................................................... 18
5.1 Objectives of information announcement and public consultation ............................ 18 .................................................................. 5.2 Consultation during Project's preparation 18
5.3 Grievance Redress Procedure .................................................................................... 20
6 . IMPLEMENTATION SCHEDULE ....................................................................... 21
7 . MONITORING AND EVALUATION .................................................................... 22 7.1 Objectives ................................................................................................................... 22 7.2 Internal Monitoring .................................................................................................... 22
............................................................................................ 7.3 Independent Monitoring 22 ..................................................................... 7.4 Monitoring methodology and reporting 23
8 . COST ESTIMATE AND BUDGETS .................................................................... 25
ANNEXES
Appendix Appendix Appendix Appendix Appendix
1 Entitlement matrix 2 Progress of land acquisition for sub-project 3 Project affected household Information 4 Project affected household's Socio-economic Features 5 Community meeting minute
CARC CPC C&R DMS DP DPC GoV M O PAH PAP PMU PPC RPF. RP RCs RRD-RWSS WB
ABBREVIATION
Compensation, Allowance and Resettlement Council Commune People's Committee Compensation & Resettlement Detail Measurement Survey Displaced persons District People Committee Government of Vietnam Monitoring Office Project Affected Household Project Affected People Provincial Management Unit Provincial People Committee Resettlement Policy Framework Resettlement Plan Resettlement Committees Red River Delta Rural Water Supply and Sanitation Project World Bank
DEFINITION OF TERMS
Vulnerable Groups
Resettlement
Compensation
Income restoration
Resettlement Plan
Replacement cost
Living Standard Recovery
Eligibility
Separate groups who could be adversely affected by the relocation (Poor households, ethnic minority groups, handicapped people ...)
is the general term related to land recovery and compensation, assistant, resettlement and income restoration for loss of assets whether it involves actual relocation, loss of land, shelter, assets or other means of livelihood.
Financial/materialized compensation for DP, including cost estimate anci loss compensation, support.
is the process to recover income, production activities and living standard for long time.
Completion of Action Plan with fully timetable and detailed budget for developing resettlement strategy, objectives, rights, actions, responsibilities, monitoring and evaluation.
is the term used to determine the amount sufficient to replace lost assets and cover transaction costs. When domestic laws do not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standards.
Supplement of compensation for assuring DP who suffer seriously from loss of production material, loss of income/job or means of livelihood to have
have equally or better living standard.
The date of announcement of component boundary to Displaced Persons and local communities, DP will be informed of the cut-off date for each Project component, and that anyone moving into the Project Area after that date will not be entitled to compensation and support under the Project.
Any person who at the cut-of-date was located within the area affected by the project, its components, or other subproject parts thereof, and would: (i) have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); or (ii) do not have formal legal rights to land at the time the census begins but have a claim to such land or assets - provided that such claims are recognized under the laws of the country or become recognized through process identified in the resettlement plan. (iii) Do not have legal nor recognizable by laws right to the land they are occupying where they live orland have properties/assets, within the project area, before the cut-off date. Persons covered under ( i ) and (ii) are provided compensation for the land they lose and other support at full replacement cost. Persons covered untler (iii) are provided resettlement support in lieu of compensation for the land they occupy, and other support, as necessary, to achieve the objectives set in this PF, if they occupy the project area prior to a cut-off date. Persons who encroach on the area after the cut-off date are not ent~tlcd to compensation or any other form of resettlement support.
Water supply and Sanitat~on subProlect in 10 communes in Ninh Blnh Province -
I. INTRODUCTION
Red River Delta Rural Water Supply and Sanitation Project continue implementing in communes proposed during Pre-Feasibility Study (PFS) after being conducted pilot sub- projects in 7 communes in Hai Duong, Thai Binh, Nam Dinh and Ninh Binh provinces. 10 communes of nINH Binh province proposed during Pre-FS include: Gin Thanh, Gia Tran (Gia Vien District District); Mai Son, Yen Hung, Yen Hoa, Yen Dong -Yen Mo District; Khanh Trung, Khanh Mau, Khanh Hong - Yen Khanh District; Lai Thanh - Kim Son District.
Main objects of the project are to expand coverage of clean water and sanitation and improve living standard and support poverty reduction activities to project rural areas. The project will be a direct investment in the National RWSS Strategy developed with World Bank and Danida assistance. Expanding coverage of RWSS has been defined as one of substantial objectives of the National RWSS Target Program.
The Red River Delta Rural Water and Sanitation project including the sub-projects in Ninh Binh province have been executed according to APL programe. Project investment loan is divided into small items that are adjustable and succeeding to assist rural water supply program in a long-term development. Project implementation conforms to guideline of Worldbank and Vietnam's regulations. The project has consisted of sub-projects that have been carried out at commune and inter-commune level.
There are four major Project components:
(i) Construction/Rehabilitation of the RWSS Infrastructure
(ii) Health and Hygiene behavior change education, health improvement
(iii) Capacity building and institutional strengthening for community and local institution for project implementation;
(iv) Project monitoring and management.
The Resettlement Plan (RP) has been based on the Resettlement Policy Framework that prepared during Pre-Feasibility Study and approved to the Prime Minister. This R P will comprise of all activities relating to compensation and land acquisition during the project implementation.
In general, a number of subprojects affected from land acquisition are relatively insignificant. There are total of 17 households in 10 sub-projects whose agricultural land is acquiesced. No household has to be resettled. The project affected people (PAP) - Displaced (DP) are also the project beneficiary. The R P which is prepared during the Feasibility Study include: the compensation and resettlement policy framework; project displaced areas and people; institutional arrangements; budget; monitoring and evaluation.
Water supply and Sanitation sub-Project in 70 communes ln Ninh Binh Provirtce
2. LEGAL FRAMEWORK AND ENTITLEMENT POLICY
The Rese~tlement Plan (RP) is based on the Rese~tlement Policy Framework made during the PFS preparation. This RP will apply the various laws, degrees, and circular regulating use of land in Vietnam as well as the World Bank policy.
2.1 Laws, Decrees and Circulars of Vietnam
Laws, decrees and circulars of Socialist Republic of Vietnam are applied as following: List of regulations of the Socialist Republic of Vietnam have been applied as
follows:
Constitution of the Socialist Republic of Vietnam dated April lYh, 1992.
Land law dated November 26'h, 2003.
Decree No.l81/2004/ND-CP dated October 29Ih, 2004 on the implementation of Land law.
Decree No.l88/2004/ND-CP dated November 16 '~ , 2004 on methods of determining land prices and assorted-land price brackets.
Decree No.l98/2004/ND-CP dated December 03rd, 2004 on collection of land use levies.
Decree No.l97/2004/ND-CP dated December 031d, 2004 regarding Compensation, Assistance, and Resettlement Where Land is recovered by the State.
Decree No.l7/2006/ND-CP dated February 06'h, 2006 supplementing and innovating the articles in the instruction Decrees on land law implementation.
s Decision No. 2967/QD-UBND dated December 28Ih, 2006 for prices of different types of land in province in 2007
The Land Law of 2003 provides for the assignment of land to people by land use right which bears close similarities to individual property. Some of the important issues relevant to land usage, acquisition can be summaries as follows:
a) The State reserves the right to allocate land and determine its usage.
b) Families and individuals who have been assigned with land have the right to exchange their land for another piece; transfer their land use right to another party; and rent, bequeath, or use their land as collateral.
C) The People's Committees at all levels (Province, District, and commune) are responsible for the administration of land use in their localities; the People's Committees at all levels are responsible for managing land within their domain.
d) The State reserves the right to expropriate land when truly necessary, in cases of national defence or security, or national and public interests. In these cases, the land user will be compensated for loss of possessions. The "national and public interest" is defined in GoV Degree No 197/2004/N&CP of 3rd December 2004 which includes infrastructure projects.
Before land is recovered, the land users must be informed of the reason for expropriation, timc schedulc and plan for relocation, if necessary, and options for compensation.
2.2 \Vorld Ilank policy on involuntary resettlcn~ent
Water supplv and Sanitation sub-project In 10 communes
Involuntary resettlement under development projects, if unmitigated, often give rise to severe economic, social, and environmental risks: production systems are dismantled; 'damages on material and immaterial property (housing, land, forest resources, cultural sites, properties of commercial value, social and cultural activities) are inflicted. Such effects can be either temporary or permanent. Thus the World Bank policy regulated by OP/BP 4.12 includes safeguards to address and mitigate these risks.
ne basic guiding principle of the World Bank resettlement policy is that:
a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.
b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced Persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.
c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living 01' at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
2.3 Policies to be applied by RRD-RWSS Resettlement which is applied for RRD-RWSS (including sub-project) will be
harmonious between World Bank requirements (Involuntary Resettlement Policy OP 4.12) and Vietnam laws and regulations. Principles in the project resettlement policy include:
a) ~ 1 1 project affected people, regardless of their owner situation, social economic position, will be reasonably compensated, and supported for their loss of assets, income and business according to the replacement prices and given suitable resettlement measures, in order to assist in their efforts to improve their livelihoods and standards of living or at least restore their living standards, income and production to pre-displacement levels.
b) Land prices for calculating damage compensations (compensation, support) are determined closely with the actual transferred land use right price in the market at normal conditions. When there are differences from the actual transferred land use right price, land prices fol' calculating damage compensations shall be appropriately adjusted.
c) Compensatioll for affected dwelling houses and construction sites according to the new construction value of damaged dwelling houses and construction sites having technical standards equal to dwelling houses are made without discalculate for salvage raw materials or depreciation.
d) People who, lived, worked and had their assets attached to project affected areas or suffered from other damages caused by project implementation prior to thc cut-of- date are entitled to c o m p ~ n ~ a t i ~ r l (compensation, support).
e) Resettlement assessrnerlt monitoring is regularly executed with the participation of affected persons.
Water s~lpply and Sanitation sub-project in 10 commLines in Ninh Binh Province
-3 . PROJECT AFFECTED SCOPE AND INHABITANT STATUS
In recent years, urban and rural area of Ninh Binh province have many innovations ncessantly as well as the development of oher provinces in the country. The living standard of people in rural area is better and better. Their demand of infrastructure improvement including clean water supply and sanitation are necessary. Water supply and sanitation sub- project covering rural comnlunes in Ninh Binh province will make the satisfied condition for socio-economic development.
The size of Water supply and sanitation sub-projects (RRD-WSSP) is commune or inter-commune. The pumping station, water tower and water treatment plant have to acquire land for construction. The delivery and service pipe system is planed to istall in road and there is no effect by land acquisition. Locations of the pumping Station, water tank and water treatment Plant were considered carefully basing on appropriate technology solution and reducing the effect by land acquisition to household. Most of area of recoved land for construction is public land and under administration of commune authority. So, scale affected area by sub-project is small. There are total of 17 households in LO communes whose agricuitural iand will be recovered. 100% of DH also enjoys official involvement form project
3.1 Project affected area and displaced persons
According to the pi-oposed design of a sub-project at all communes, the water supply systems generally consist of: The pumping station I (raw water pumping station) is planed to be installed nearly water source in the area of 150-200m2 (1500-2000m2 for sub-projects having pre-sedimentation pond). Raw water will be moved form the station to water treatment plant. Most of area of recoved land for pumping Station is public land and under administration of commune authority. These areas are either free or to be delivered to HHs every year. The water treatment plant is planed to be installed in the area of 1,500m2-1,700m2 (depending on designed capacity). There are pre-sedimentation ponds in Mai Son, Yen EIoa,Yen Hung sub-projects, therefore raw water pumping stations are located in pond areas. Each sub-project has one water tower located in WTP. Area of land recovery for construction and information of displaced persons by sub-project in Ninh Binh province show in table 1 and 2.
Water supply and Sanitation sub-project in 10 communes in Ninh Binh Province
Gia intake, raw water
District
Table I . Construction components and area of land recovery
Gia Tran commune, Gia Vien District
Water intake, raw water pumping station Water Treatment Plant
No
Mai Son commune, Yen Mo District
Area of land recovery (m2)
Water intake, storage and pre-sedimentation pond, raw water pumping station Water Treatment Plant
il ffecterl f l H Sub-project
Yen Hoa commune, Yen Mo District
Constrziction Cotnponent
Yen Hung commune, Yen Mo District
Water intake, storage and pre-sedimentation pond, raw water pumping station Water Treatment Plant
Water intake, storage 1 964 and pre-sedimentation I
1200
1320
1 pond, raw water 1 1
0
Yen Dong commune, Yen Mo District
pumping station
Water Treatment Plant
Water intake, raw water
1188
51,3
I Khanh Mau
pumping station Water Treatment Plant 1496
Khanh Trung Water intake, raw water 108 commune,
Water intake, raw water 106
Khanh District
1 commune, Yen 1 pumping station Khanh District Water Treatment Plant
Water Treatment Plant
commune, Yen Khanh District
I
pumping station Water Treatment Plant
1848
I Khanh Hong
0
Water intake, raw water
commune, Kim Son I and pre-sedimentation
I
District I pond, ' raw water
Lai Thnnh
Water Treatment Plant
Water intake, storage
Water supply and Sanitatior~ sub-project ~n 10 communes in Ninh Binh Province -- -
Ttle land 'icquisition for the project is a11 agricultural land being used to cultivate rice and mulbery
Table 2. General information of Displaces households
Head of a displaced horrsehold
Water treatment plant
Intake, raw water pumping station
I I Public land 1 1496 I
Gia Thanh commune
Area of land recovery
( tn 2)
Gia Tran commune
1
I o I Legal
Total area (m2)
113 Public land (under administration of CPC)
Intake, raw water pumping station
Rate (%) 7'rnllre Statrrs
l o Ijl
I Public land
Water treatment plant
1 Phsm Van Hanh
1 -
I Legal
Pham Van Hanh
Dinh Thj Hi i
DinhVan Tinh 124 3324 Legal
Mai Son commune*
Intake, storage and pre-sedimentation pond, raw water pumping station
Public land 1 1496
5 Pham Ngoc San 154 360 43
6 Nguyen Van Tui 188 480 1
7 , Dinh Ngoc Vinh 298 5052 5,9
0 1 Legal
Water treatment plant
8
9
I Le Van Tuyin I Legal
Dinh Van Hap
Dinh XuAn Phung
I n ~ ~ t k e , raw Lvillcr puinping s1atic3n
150
204
2
3 --
4
3216
472
Hohng Ngoc Linh 301
4,7
4 3
4432
792
3879 -.
Nguyen Thj Thliy
Dinh Thj Mg
Hohng Ngoc Quygt +- FIoang Ti& Luc
Legal
Legal
6,9
19
2,7 Legal
2744 4378
153
105
153
234 I 5,3 5 6
Water supply and Sanitation sub-Project in 10 commllnes in Ninh Binh Province ----
I I Public 1:lnd 51,3 0
Yen Hoa commune , 1 Intake, storage and pre-sedimentation pond, raw water pumping station
1
LY en Hung commune A
Water treatment plant
1 Intake, storage and pre-sedimentation pond. raw water pumping station
Public land
0 1
1200
Public land b 6 4
Khanh 'l'rung commune I
0
Public land
0 / Legal
Water treatment plant
1 Intake, raw water pumping station I
1320
Public land
1
Legal
1188 Le HiIu Khoa 0
Intake, raw water pumping station
Water treatment plant
Public land Legal
0 Public land
1 Water treatment plant 1
Mali commune
--
1848
1 Public land 1396 0 1 Legal 1 Khanh Hong commune 4 I Intake, raw water pumping station 1 1 Public land 24 0 I Legal ~ Water treatment plant
I 1 I Public land 1 1396 1 0 I Legal 1 Lai Tllanh commune
F l a k e , storage and pre-sedimentation pond, raw water pumping station - 0 1 Legal 1 I I Public land
1 Water treatment plant 1 1706
/ 1 I Public land 1 1584 1 1 0 I ~ e g a l 1
Mai Son commune*: Area of land rccovcry is larger than needed area for the Water intake, R a w !k,:~ter pumping station, Water trcntrnenr plant because remained land is small and is impossible to c~~ l t iva tz . So that, the prqjcc~ can use the I-cmain area with agree of the Commune PC
Water supply and Sanitation sub-Project in 10 commurles ~n Nlrlh Birlh Provlnce
3.2 Displaced person condition in the project affected areas Social surveys and investigations on the sub-project's effect that were conducted in January and February in 2008 have collected various social economic data, identified affected forms, estimated affected levels and inventoried affected properties. These surveys arc carried out in cooperation with local authorities and affected households. The survey results have shown that 17 households (65 members) with 38 labours are affected by the agriculture land accluisition in 3 project communes. PAH's Socio-economic condition is indicated in following table.
Table 3. Displaced household 's socio and economic features
Occiipation The ni in~ber of members
of a hoiiseholcl
The number
of working people
Monthly income of a household
I Gia Thanh commune 1 Public land (under ~ ~ ad$;istration of 1 1
Gia Tran commune
1 Public land
Mai Son commune
1
2
3
4
5
6
7
8
9
10
11
I Yen Hon comlnune 1
12
13
14
15
16 -
Pham Vlin Hanh
Pham Van Hanh
Dinh Thj H6i
DinhVlin Tinh
Phqm Ngoc Son
Nguyen Van Tdi
Dinh Ngoc Vinh
Dinh Van Hgp
Dinh Xudn Phung
Lc Vrin Tuyin
Hoing Ngoc Linh
Nguyen Thj Thuy
Dinh Thl Mp
Hohng Ngoc Quygt
Hoing Tien Luc
L l l Vfin Thao
48
42
42
3 3
64
34
69
44
5 8
63
CC 4 0 1.800.000
Farmer 6 2
Farmer 5 2
52
7 0
52
46
3 8
5
2
4
2
4
7
Farmer
Farmer
Farmer
Farmer
Farmer
Farmer
Retired
4
1
2
0
3
5
46
Farmer
Farmer
Farmer
Farmer
Farmer
person 2 0
Farmer 4 3
1
4
2
5
4
1
3
2
5
1
1.200.000
3 .OOO.OOO
2.100.000
3.600.000
2.000.000
Water supply and Sanitation sub-project in 10 communes In Ninh Binh Province
~ 1 L2 Hiiu Khoa 60 Farmer 4 ~ 4 p500.000
Yen Dong commune 1 1 I Public land I 1 1 i 1 I 1 Khanh Trung commune I
Public land a ( Khanh Mau commune 1
1 Public land m
Almost household and PAHs has average, good and rich economical conditions. Temporary
Khanh Hong commune
works in free time period are developed for increasing income by these households.
1 Public land
Lai Thanh commune
1 Public land
Water supply and Sanitation sub-Project in 10 communes ln Nlnh Binh Prov~nce -- -- --
4. INSTITUTIONAL ARRANGEMENT
Structures of implementation arrangement and an overview of key responsibilities for/in every level/unit participating in implementation of project resettlement can be described as follows:
4.1 Central Project Office (CPO)
A CPO takes a responsibility for overall project coordination. A Project Management Office based in CERWASS provides assistance to the RRD-RWSS SC. The SC is responsible for overall project coordination, includirig liaison between the Government and subproject PPCs and the WB. Specific resettlement responsibilities of the SC are:
(i) Develop policies and strategic guidance to project activities in accordance with approved RP.
(ii) Review and approve objective and project framework justification.
(iii) Work plan and annual budget.
(iv) Monitoring and Approval Project Updating Report.
(v) 0ver;lll responsibility for RPF's and RPs' implementation
(vi) Consolidate project progress reports on land acquisition and resettlement for MARD and WB.
(vii) Consolidate project accounts, and reviewing audited accounts.
4.2 Proviricial People's Committee (PPC)
The PPC is the Executing Agency (EA) responsible for overall implementation of the subproject, including implementation of Abbreviation Resettlement plan (ARP) for its subproject. The PPC is responsible for following project's approved by Prime Minister ARPF for as a condition to participate in the Project. It is of the highest administrative level the body responsible for approving ARP for its subproject after the draft of the ARP got WB's concurrence and making decisions related to project's resettlement issues, including compensation rates and rehabilitation assistances measures for DPs. The PPCs are also responsible for steering relevant agencies to fulfil their assigned tasks.
4.3 Proviricial RRD-RWSS Steering Committee (PSC)
A provincial steering committee (PSC), on behalf of the PPC, will have overall responsibility for project implementation. The PSC consists of the PPC vice-chairperson; directors/deputy directors of provincial line departments including departments of Construction, Finance, Planning and Investment, Land use management, Environment; chairperson/vice- chairperson of the DPC, chairperson of the Provincial Women's Union, and manager of the Project Management Unit (PMU). Key responsibilities include follows, not limited to:
( i ) Assist the PPC review the RP updated by the PMU with revised compensation rates based on a replacement cost survey.
(ii) Advise PPC to issue decisions on acquisition and allocation of land required for development of subproject components, including allocation of land to poor and vulnerable DPs;
( i i i ) Advise PPC to approve resettlement budget and ensure timely disbursement of I ' L I I ~ ~ ;
( i \ ' ) Arl\~isc P1)C to rcvicw and appro\.c rcscttlemcnt docurne~lts subrnittctl by Pb1U for its ;lppro\';~l:
Water supply and Sanitation sub-project in 10 communes in Ninh Binh Province -- -- --
(I/) Advise PPC and PMU on ways to redress and rcsolvc any DPs grievances that
have been appealed to PPC, and refer all DPs grievances to the appropriate
channels.
(vi) Recruitment and monitoring consultants, including recruitment and monitoring resettlement independent monitoring agencies.
4.4 Departments of Finance, Construction, Natural Resources and Environment and other related departrnents
Department of finances:
a) To preside at coordinating with related departments to submit to the PC for approval of land and assets prices.
b) To guide report preparation and preside at appraising options of compensation, allowance and resettlement.
C) To examine the payment of compensation, allowance and costs for implementation of compensation, allowance and resettlement.
Departnzerzt of planning and investrnerzt:
To introduce, check on preparing and implementing resettlement plan.
Department of Natural Resources arzd Environmerzt:
a) To guide the defining of types of land, land areas and conditions for entitlement to compensation when land is recovered by the State.
b) To determine level and scope of impact, recovered land area in order to create a basis for calculating compensation and support to all subjects.
C) To preside at coordinating with the Department of Investment and Planning and the Department of Construction in order to submit to the Ninh Binh PC for decision on scope of land to be recovered for the project.
Departrrzent of Construction:
a) To guide the defining of scope, areas and legality of construction works connecting closely with land recovery.
b) To appraise qualities of dwelling houses, architecture materials, treasure, station and other construction works.
C) To coordinate with authority agencies to determine the position and scope of resettlement areas.
Tax Department:
To guide the Branch of tax in Districts and cities the defining of different types of land that are payecl taxes by individual, household or organization.
4.5 Ninh Binh Project iVIanagement Unit
Project Management Unit (I'MU) under Department of Agricultural and rural Development being representative of Investor is responsible for project implementation, including RP. It comprises technical, institutional, social and resettlement, administrative management, and accounting divisions. The PMU will be responsible for the following key resettlement ~lctivitics. not limited to:
a) To update li l ' at tirne of project implelncntation ufhcn detailed design wlll be available, and submit the updated RP to P I T for approval.
b) To coorditiatc n~ittl otticr- dcpar-~mcnts For cffccti\,c iniplcrncritatiori of tlie RP approvcd undcr tlic .s~thp~.oject. ; I I I ~ i n complii~ncc w111i 11ic rcsetrlcrncnt priticiplcs and
Water supply and Sanitation sub-Project in 70 communes in Ninh Binh Province --
objectives. Ensure proper implementation of rehabilitation measures and supporting activities.
c) To develop the mechmisms through which resettlement disbursements and compensation payments for Dl's will be made; prepare any relevant documents that may be required.
4.6 District People's Committee
The District People's Committee are responsible for identification of land and structures and appointing members of the DRC and assigning functional tasks for the DRC.
a) To conduct, organize, propaganda, campaign all organizations and personnel about policies of compensation and resettlement support.
b) Responsibility for guiding Compensation, allowance and Resettlement Council established by District PC: (1) identify land price for compensation and resettlement appraisal by Financial Department and submit Provincial People's Committee for approval; and implementation in accordance with compensation options.
C) To co-ordinate with related Departments, Agencies, Organizations, Employer
d) To solve cases of complain on compensatio~~, support and resettlement. 4.7 'The Compensation, Allowance and Resettlement Council
The compensation, allowance and resettlement committee (CARC) will be established according to Decree 197/2004/ND-CP issued by government and 3005/2006/QD-UBND issued by Ninh Binh Province.
The resettlement committee will work closely with the PMU on all resettlement-related issues. The DPC chairperson or vice-chairperson will act as the resettlement committee chairperson, and representatives from district departments, including construction, planning and investment, land use management, urban management unit, members of mass organization, representative of DPs, and other members as required. A PMU's staff should be a member of District's resettlement committee, unless otherwise requested. The resettlement committee will assist the DPCPPC in decision-making on resettlement issues. Key responsibilities of CARC are follows:
a) To assist in preparing and submitting Compensation Opinion for approval; implementation of for all resettlement activities in their districts;
b) Chairman of CARC takes responsibilities for instructing members to prepare, submit and implement resettlement option; being accurate and legal data inventory of affected assets that are compensated or allowed.
C) To co-operate fully with the external monitoring organization 4.8 Commune people's committee
CPC will be responsible to coordinate with functional agencies in land and property certification; to carry out studies and campaigns that the inhabitants should adopt site clearance. Propaganda conlent includes land recovery purposes, policies on compensation; support and make good condition for payment and resettlement.
4.9 Independent blonitoril~g Organization
Independent Evaluation can implement by Research Organization, University or NGO that is specialize in social sciencc. These agencies will implement surveys of economic social, monitoring, ;lnd evaluation of implementation of RP. Reports of Progrcss Evaluation and suitabil~ty of R P arid rela~cd proposals is needed to prcpare period.
Water slipply and Sanitation sub-Project in 10 communes in Ninh Binh Province
5. PUBLIC CONSULTA-TION, INFORMATION ANNOUNCEIMENT AND GRIEVANCE MECHANISMS
5.1 Objectives of information annol~ncerrlcnt and public consultation
Ensuring participation of local authority, related organizations and displaced persons into the project in order to speed up project implementation conveniently. Announcing information for DP ancl involved agencies is an important part for project preparation and implementation. Consulting to affected people and ensure that they participate into the project positively. This will reduce the potential for conflicts and minimize the risk of project delays. This will also enable the Project to design the resettlement and rehabilitation program as a comprehensive development program to suit the needs and priorities of the displaced persons, and thereby maximizing the economic and social benefits of investments. The objectives of the public information and consultation program are as follows:
(i) To ensure that local authorities, as well as representatives of DPs, will be included in the planning and decision-making processes. PMU will work closely with the City People's Committee and the District People's Committee during project implementation. DPs involvement in implementation will be continued thereafter by requesting each district to invite DPs' representatives to be a member of the Council for Damages Compensation and Site Clearance- CCC take part in the resettlement activities (property evaluation, compensation, resettlement, and monitoring).
(ii) To fully share information about the proposed project components and activities with the DPs.
(iii) To obtain information about the needs and priorities of the IIPs, as well as receiving information about their reactions to proposed policies and activities.
(iv) To ensure that DPs are able to make fully informed decisions that will directly affect their incomes and living standards, and that they will have the opportunity to participate in activities and decision-making about issues that will directly affect them.
(v) To obtain the cooperation and participation of the DPs and communities in activities necessary for resettlement planning and implementation.
(vi) To ensure transparency in all activities related to land recovery, resettlement, and rehabilitation.
5.2 Consultation during Project's preparation
Local authorities, relevant organizations, DPs and community will participate in all different stages since planning to implementation of the RP.
At the early stage of the project preparation, local authorities and leaders of different administrative levels in each of tlie Project towns were informed about the project proposal, its objectives and proposed activities. In October 2004, Provincial and District Authorize agencies were consulted on their agreement ancl commitments to follow the prqject resettlement policy described in the RPF, reflecting both the Government and WB resettlement objectives and principles. Pre-Feasibility and RPF was approved by Prime Minister anrl adopted by WR.
Consul[ation and Public Info~mation in projecl commune were conducted by public meetings and houscliolti visits combining the houscholcl socio-economic survey. Cornmunity in project ;irca nncl PAI-I n c r e consulted on positive impact and negative impact of sub- project. Social-econornic survey ~ v a s donc for most of PAI-I in 10 communes of the project
Water supply and Sanitation sub-project in 10 comrn~~nes in Ninh Binh Province -- ---
During project implementation, PMUs, assisted by the project consultants, will undertake the following:
( i ) Provide detail information on policies and schedule to resettlement committees and related organizations at all levels.
(ii) Conduct information dissemination to and consultation with DPs throughout the life of the project.
(iii) Update the city unit prices, and confirm land recovery and impact in properties through a Detailed Measurement Survey (DMS) in consultation with DPs.
(iv) The District resettlement committees will then apply prices, calculate compensation entitlements, and complete the Compensation Forms for each affected household. Information on entitlements, and complete the Compensation Forms for each affected household. Information on entitlements will then be presented on an individual basis to DHs in the public meeting and visiting to each household.
(v) DPs will be received the Compensation Form, showing the household's affected assets and compensation entitlements, will the need to be signed by the DPs to indicate their agreement with the assessment. Any complaints form DPs have about the contents of the form will be recorded and solved at this time.
(vi) Consultation regarding DPs preferred option for rehabilitation support. This applies to severely affected and vulnerable DPs. The CCB will inform DPs of options and entitlement to rehabilitation support before asking them to indicate preferences for such rehabilitation support.
As soon as having decision of land recovery and before starting to detailed design, community meetings in every local will be hold to announce supplementary information's for displaced persons and make a chance to cliscuss publicly about policies and resettlement procedures in every affected site. All PAHs will be invited to participate the meeting and give ideas.
Information and documents will be delivered to PAHs in this meeting. Methods of meeting include of:
( i ) Explanations give verbally and in visual format, including written information and drawings of the proposed design for the different component of the Project.
( i i ) Adequate opport~~nities will be provided for DPs to respond with questions and comments. PAHs will encourage contributing their ideas.
(iii) The CCB and District/Ward's authorities will establish a complete list of all PAPS present at the meetings.
( i ) The CCB will make a complete record of all cluestions, comments, opinions and dccisions that arise during the information/consultation meetings, and present a report of all the meetings to the PMU.
Content of the meetings will bc including: Project component informalion, project impacts: compensation entitlements and rehabililation of DPs; grievance mechanism and proceclurcs; part icipution Rc consultation entitlement; reset tlernenl activities; implementation progress etc.
Water supply and Sanitation sub-Project in 10 communes in Ninh Binh Province -.
Announcement letters will be sent to every DP including time, address and procedures to receive compens;ition payment. Affected people who are hardly affected and
.likely injured will be directly met in order to affirm their wishes for restoratiorl support.
By means of public communication such as broadcasting station - television, presses combined to use leaflets with simple content and easy to understand so that they can be imparted necessary information for the project, State policies to all DP.
Besides, these Resettlement Policy Framework and Resettlement Plan are also announced widely in public information centers of the city, Site clearance and compensation Boards, Districts and Wards of Project areas.
5.3 Grievance Redress Procedure
All DPs 'complaints regarding any aspect of compensation policy, rates, land acquisition, resettlement and entitlements relating to rehabilitation assistance programs will be received and resolved by line functional agencies. Local mass organizations, including Fatherland Front, Association of Farmers, Women's Union, mediator groups will be mobilized to actively participate in process of solving of DP's emerged complaints/grievances.
A four-stage procedure for redressing grievances is proposed as follows:
Stage 1: Complaints forms DPs on any aspect of the resettlement program, or losses not
previously addressed shall first be lodged verbally or written form to the people's committee at commune level. The complaint can be discussed in an informal meeting with the plaintiff and the chairman of the people's committee at commune level. The people's committee at commune level will be responsible for resolving the issue within 15 days from the day it is lodged.
Stage 2: If no understanding or amicable solution cannot be reached, or if no response from
the people's committee at commune level is received by the PAPs within 15 days of
registering the complaint, helshe can appeal to the District Resettlement CIommittee. The DRC will provide a decision within 1 month of the registering of the appeal.
Stage 3: If the PAP is not satisfied with the decision of the DRC or its representative, or in
the absence of any response by the DRC, the DPs can appeal to the Provincial People's Committee. The Provincial People's Committee together with the represenlalive of the PSC will provide a decision on the appeal within 30 days from the day it is lodged with the PPC.
Stage 4: If the PAP is slill not satisfied with the decision of the PPC or PSC on appeal, or in
absence of any response from the PPC/PSc within the stipulated time, the PAPs as a last resort, may submit h isher case to the district court.
Water supply and Sanitation sub-Prolect in 10 communes in Ninh Binh Province
6. IMPLEMENTATION SCHEDULE
The Project Site Cle~lrance Plan and Schedule will be included in the RP of each sub- pro-ject. The implementation schedule is as follows:
1. Information Dissemination: Public information meetings will be held in all potentially
affected communes to inform the communities about (i) the project scope; (ii) impacts; (iii)
entitlements for all categories of loss; (iv) schedule of activities beginning with the detailed
design survey; and (v) the grievance mechanism. The PIB will be prepared and distributed to
all affected communities during the meetings.
2. Training for Resettlement staff: The local resettlement staff at PMUs, PRCs, DKCs, and
commune levels will be trained by the PCU assisted by resettlement specialists. Training
subjects will include.
(i) Objectives of UP.
(ii) Principles, policies, and entitlements of the RPs.
(iii) Consultation and inforrnation dissemination methods.
(iv) Implementation steps, procedures, and schedule.
(v) Grievance redress mechanism.
(vi) Powers and obligations of individuals/agencies involved in the process of resettlement programs.
3. Updating Compensation Rates: During the preliminary detailed design process, the PPCs
will update unit rates at replacement cost for all categories of loss and adjust allowances to
account for inflation. This will be done in consultation with DPs and local government agencies.
4. Detailed Measurement and Census Survey: Before each new phases of the project new
DMS will be conducted in each subproject area after completion of the detailed design. These surveys will serve as a basis for compensation and updating RPs.
5. Pricing Application and Compensation to DP: Resettlement committees at all levels will
be responsible for pricing application and preparing compensation charts for each affected comrnune/district. These will be subject to verification by PPMU, PPCs, and PCU of unit
prices, quantity of affected assets, DPs' entitlements, etc, before posting them at each
commune for the people to review and comment. All compensation forms must be checked and signed by the DPs to indicate their agreement.
6. Colr~pensation and allowances: will be handled under instruction of consultants and the
supenlision of representatives of CPC, DRCs and representatives of DPs.
Water supply and Sanrtation sub-Project in 10 communes In Ninh Binh Province -
-
7. MONITORING AND EVALUA-HON
7.1 Objectives
Monitoring anci evaluation activities should be carried out during the implementaion phase and after the resettlement phase in order to ensure that land recovery and resettlement are carried out in accordant with regulations and guidelines which are showed in detail in resettlement plan. Monitoring provide all stakeholders with continuous reflects about impleme~lting situation. This activity helps to asses real successful ability and difficulty which is occurred immediately if possible in order to create conditions for dressing in time during the phase of project implementation.
Objectives of monitoring and evaluation activities are to (i) reviewing project activities which are completed effectively or not, including quantity, cluality and time; (ii) assessing these activities reach the goals and objectives of the proposed project or not and how is the level of achievements.
Regular monitoring of the RP implementation will be conducted by the implementing agencies (PMU and PCU) as well as by an independent external monitoring organization hired by the PCU.
7.2 Internal Monitoring
Internal monitoring of the implementation of the subproject RPs will be in charge of all internal supervision tasks of implementation of resettlement plan (RP) of the project with the consultant's support. The implementing agencies will oversee the progress in resettlement preparation 2nd implementation through regular progress reports.
The main indicators that will be monitored regularly are:
(i) Payment of compensation to DPs in various categories, according to the compensation policy described in the RP;
(ii) Delivery of technical assistance, relocation, payment of subsistence, and moving allowances;
(iii) Delivery of income restoration and rehabilitation assistance entitlements;
(iv) Public information dissemination arid consultation procedures;
(v) Adherence to grievance procedures and outstanding issues requiring management's attention;
(vi) Priority of DPs regarding the options offered; and
(vii) Progress of land acquisition implementation
7.3 Indepcrident Monitoring
In order to have sufficient and objective infonnation, implementation agency will hire an organization for the independent monitoring and evaluation of RP implementation. This organization, to be called the Monitoring Organization (MO) will be specialized in the Social Sciences and experienced in resettlement monitoring. The general objective of the external monitor is to provide an independent periodic review and assessment of nchievcment of resettlement objectives, the changes in living standards and livelihoods, restoration of the economic and social base of the affected people, the organizational effcutiveness, i~npact and sustainability of entitlements, the need for further mitigation n1easu1.c~ i f any, ~ind to Ici11.n strategic lessons for future policy formu1;ition and pla~lning. The bIO should start thcir work as soon as the updated RI' have hcen app~.oved.
?l'lic milin indici~tors of inclcpc~ltlcnt mnnitol-ing and evaluation will includc of:
Water s ~ ~ p p l y and Sanitation sub-Pro~ect in 10 communes - in Ninh Binh Province -- - pp--ppp
(i) Payment of compensation will be as follows: (a) full payment to be made to all affectcd persons sufficiently before land recovery; (b) adecluacy of payment to replace affected ;Issets.
(ii) Provision of income restoration support
(iii) Public co~lsultation and awareness of compensation policy: (a) DPs should be fully infornled and consulted about land recovery, leasing and relocation activities; (b) the monitoring team shoulcl attend at least one public consultation procedures. problems and issues that arise during the meetings, and solutions that are proposed; (c) public awareness of the compensation policy and entitlements will be assessed among the DPs; and (d) assessment of awareness of various options available to PAPS as provided for in the RPs.
(iv) Displaced persons should be monitored regarding restoration of productive activities.
(v) The level of satisfaction of DP with various aspects of the R P will be monitored and recorded. The operation of the mechanisms for grievance redress, and the speed of grievance redress will be mocitored.
(vi) Throughout the implementation process, the trends of living standards will be observed and surveyed. Any potential problems in the restoration of living standards will be reported.
7.4 Morlitoririg nietliodology and reportirig
A socio- economic survey is initial foundation of R P preparation, monitoring, and evaluation. The survey will be required before, during and after resettlement implementation to provide a clear comparison of success/failure of the resettlement plan.
PRA will be applied by project survey. Monitoring will be on a sample basis. The sample size should be 100% of relocating households and severely affected farmers, and at least 10% of all other households.
A Post-Resettlement Evaluation will be carried out 6 to 12 months after completion of all resettlement activities.
B. Dc~tabase Storage
Project monitoring and evaluation is based on database system. It will contain drawing, figures and files on DPs surveyed and will be updated based on information collected in successive rounds of data collection. All databases compiled will be fully accessible by implementing agencies and the PIMU.
Itltertlal iblonitoring Report: is required to prepare during the resettlement and land recovery process. The implementing agencies will be required to submit the report as part of gcneral progress rcport.
The implementing agencies will coordiriate with CCCs to collect information and data concerning to resettlement and displacement process for submitting findings of monitoring and evaluation. The report should contain:
(i) A report on the progress of KP implementation (number of DP by typc of loss and compensation, relocation and rehabilitation schedule by each compollcnt. budgct allocated to proJcct ~lctivi~ics or cornpensation ant1 disburscment arnoulil for each ac~ivities ...
( i l l Gricvalice and rcdr.cbciiig oulput ( i f any);
Water s ~ ~ p p l y and Sanitation sub-project in 70 cornrn~~nes in Ninh Binh Province -. -- ---
(iii) Issues arising during implementation (if any) and solutions.;
(iv) A report on progress of the resettlement and updated report on the cornirig time.
Independent Monitoring Report: is prepared before, during and after resettlement. The report need to reflect the followings:
(i) Determine internal monitoring output;
(ii) Assess whether the RPF objectives have been achieved; how DP living standard and income improved and rehabilitated.
(iii) Review whether the resettlement entitlements are appropriate with DP's conditions.
(iv) Evaluate effectiveness, impacts and level of the resettlement sustainability; lesson learned for planning and developing RPF in future.
'Water suoolv and Sanitation sub-Project in 10 communes in Ninh Binh Province
8. COST ESTIMATE AND BUDGETS
Project affected households will be entitled to compensation and assistance in accordance with regulations of Vietnam and the WB. Compensation rates are paid by the project in compliance with the relevant regulations of Vietnam and appropriate local authorities; the compensation will be handled in a reasonable manner that is appropriate to the households' conditions. Resettlement budget (e.g. compensation cost, assistant actives etc.) will be included in counterpart capital. Compensation and assistant expenses will be paid in cash following the rates set out in the following table:
Table 4 Budgets estimation for the compensation - assistance
I I Cia Tharih commune, Cia Vien 1 1 1 1
Unit: V N D
1 District'
No
I I 1
1. Land (residential land, agricultural land ) m2 ~ y
Items 1 uni t ~ u a n t i t y Price
1 1 I
2. 1 House and structure I m2 I y Standing crop and tree
Allowances (movement, house rent,
1 Sub-total ( A ) I 1
5 .
6.
income restoration . . . ,) - -
Consultation and information
Detail measure survey
1 7. 1 8.
Independent monitoring
Management 2% (A)
Siib-total ( B ) 1 9. Provision 10% (A+B)
1 1. I Land (residential land, agricultural land ) I m2 1 I 1
-- Total I
Cia Trnn cornniune Cia Vierl District 1 1 4. Allowances (movement, house rent.
- House and structure
t,,,,,,,,i,i. tree
m p e n d c n t monitoring i 1.0-
m2
m2
5 . -
1 Sub-total (B) 1 1.084776
1496
income restoration . . . ,) Consultation and information
2.692.800
500.000 6. Detail measure survey 1.496.000
Sub-total (A) 4.238.800
Water sc~pply and Sanitation sub-Project in 10 communes in Ninh Binh Province ---
Items Unit I Quantity ~ Price
1 Mai Sun cornmrme Yen Mo ~ i s t r i c r ' I I
I I I
1. Land (residential land, agricultural land ) I m2 1 2.745 I 60.456.000
2.
3.
4.
Sub-total (A)
5. 6.
1 7. 1 Independent monitoring I I 1 1 .OOO.OOO 1
House and structure
Standing crop and tree Allowances (movement, house rent,
income restoration . . . ,) Consultation and infoimatio~l
Detail measure survey
( 9. Provision 10% (A+B) 1 1 1 7.166.600,8 1
m2
m2
Nguai
630.000
500.000
2.748.000
P a g e m e n t 2% (A) I
I Sub-total ( B )
I IV I Yetz Hoo co t~zmat~e Yeti Mu District' I
2.748
14
1.385.608 1 2.385.608
1 3. 1 Standing crop and tree I m2
1
2.
1 1. Allowances (movement, house rent,
I ( income restoration . . . ,) I
Land (residential land, agricultural land )
House and structure m2
m2
I Sub-total (A) 1 7.556.000 I
5.
6.
Independent monitoring
Management 2% (A)
Consultation and information
Detail measure survey 2.520.000
Sub-total ( B )
9. I Provision 10% (A+B)
Total IV
1 3. 1 Standing crop and tree
1 4. 1 Allowances (movement, house rent,
1.151.120 870.7 12 9.577.832
1188 ' 2.6136.000 1 1.
I 1 income restoration . . . ,) I I I I
1
Land (residential land, agricultural land ) 1 m2
and information 1 500.000 Detail measure survey 1 2.000.21 5
2. , House and structure I m2
Sub-total ( A ) lndcpcndcnt rnoniloring 1 1.000.000
Water suoolv and Sanitat~on sub-project in 10 communes in Ninh Binh Province
Items Unit I Quantity Price
I VI Yen Dung commrrne Yen Mo District6
3.363.729,13 I I --- 1
I 1 3. Allowances (movement, house rent, 1 I 1
Total V
9. 1 Provision 10% (A+B)
1.
2.
3.
I
Land (residential land, agricultural land )
House and structure
Standing crop and tree
1 5 .
1 7. 1 Independent monitoring 1 I 1 1.000.000
I I I
6. Detail measure survey
Sub-total ( A )
m2
rn2
m2
income restoration . . . ,)
Consultation and information 1 S47.000
4.832.140
Khanh Trling commune Yen Khanh ~ i s t r i c t '
500.000
8. I Management 2% (A)
( 1. Land (residential land, agricultural land ) I rn2 I 1 I
1547.3
96.642,8
2.785.140
I 4. 1 Allowances (movement, house rent, I I
Sub-total ( B )
9. I Provision 10% (A+B)
House and structure Standing crop and tree
1.096.642,8 592.878.28
m2
m2
5 .
1848
6. I Detail measure survey
1 Sub-total ( B ) 1 1.113.488 1
income restoration . . . ,) Consultation and information
1.848.000
7. 8.
500.000
VIII Khanh iMau comrtzrrne Yen Khanh I i 7
Sub-total ( A )
Independent monitoring
Management 2% (A)
Total VII
District 1 . Land (residential land, agricultural land ) m2
5.674.400 1 .OOO.OOO
1 13.488
678.788,8 7.466.676,8
Allowances (movement, house rent, i~icome restoratiori . . . ,)
2. 3 .
Sllh-total ( A )
House and structure Standing crop and tree
m2 m2 1496 2.692.800
Water supply and Sanitation sub-project in 70 communes in Ninh Binh Province - -.
Items Unit Quantity Price I I I
7. 1 Independent monitoring py 1 .OOO.OOO ,
1 Total VIII 1 7.288.380 1
Management 2% (A)
Kkanh Hong comntiine Yen Khanh District 1
93.776
( 1. I Land (residential land, agricultural lancl ) I m2 1 I 1
Su b-totcll ( B ) XI 9. Provision 10% (A+B)
I 4. 1 Allowances (movement, house rent,
1.937.000 -.
662.580
2.
3.
1 6. Detail measure survey I 1 I 1 1.496.000 I
House and structure
Standing crop and tree
I 5.
Sub-total (A) Independent monitoring
5 Management 2% (A)
Sub-total ( B )
m2
m2
income restoration . . . ,)
Consult~~tion and information
I 9. ( Provision 10% (A+B) I 1 1 662.580 1
1496 2.692.800
500.000
I Total 1X 1 7.288.380 I
X Lai Thanh cornmrrne hrryen Kim Son'' ~ 1.
2.
I ( income restoration . . . ,) I I I I
3.
4.
Land (residential land, agricultural land )
House and structure
Su b-total (A) 7. Independent monitoring 1 .OOO.OOO
m2
m2 Standing crop and tree 1 m2
Allowances (movement, house rent,
5 .
( 8. 1 Management 2% (A)
3290
Consultation and information
1 Total X ) 12.819.664 1
500.000 6. , Detail measure survey
Sub-total ( B ) 9. 1 Provision 10% (A+B)
1 Grant total (11-X) I 1
3.290.000
1.942.240
1.165.424
1 Grant total (rounded)
I'otill cost for compens;ition and assistance of 10 sub-projects is estimated about 178.776 n~illions VND i n acicquatc to 10,516 USD (Exchanged rate: 17,000 VND/USD). Conipclis:~tion cost lor r.ccovered larld being uncler atlrninistration by local authority (land-to cscrnpr rnoncy from using larid) is in project iri\~estrnent cost.
Water supply and San~tation sub-Project in 10 communes ~n Nirlh Binh Province -- ---
Feasibility Study and Resettlement Plan will be approved by PPC as the proposed procedure in Pre-FS. Budget for implementing RP's will be from counterpart funds. DPs will 'be signed agreement when they finish negotiation step. DPs will be received compensation decision including invitation letter for getting compensation/allowance.
Estimate of budget for land clearance to implement the Project in Ninh Binh will be updated in accordance with the detailed design and based on the time point of land acquisition
I Bltrnk urea, Gicr TI~~rtlh PC u~lmilliste~., 110 need to conzpensute 'Area for I-aw wcltet- pumping s f~rf ion is blarrk LZI-ell, nc1ministe1-ed by G ~ L I TI .L~I I PC, no need to compenstrte. The c~~ltivutot. on LII-etr jot- \W'P tczkes otlle~. cllltivcrte place witlz the satne urea Ji-om the cornrnlltle PC ~ r n ~ l need to be conzpe?lsated for standing crop and nee only. J Areu fit- I . L I M J water pllnzping statioll, stol-age clnd pt-e-sedinzetltation pol~d, \UP is under ~rdministrtltivecl by Yen Hoa cornmllne PC. The cllltiv~rtor on this area ttrkes othet- c~~ltivate p l ~ ~ c e with the strme L L I - ~ L I fi-om the cotntnlltle PC L L ~ L ~ need to be competzsatecl for stunding crop uo~d tree only. 4 At-ell for I . L I M ) wLitel. pllnlpir~g st~rtion, storage crnd PI-e-seditr~etzl~ltion pond, \UP is ~ ~ n d e t - ~rdrni~zist~-~rtivecl by Yen Hlrtlg cotnrnlrne PC. Tlze c l~l~ivt~tol- 01.1 this arecr tcrkes other c~~ltivate plt~ce wlith the same L L I - ~ L I fi-om the con~rnr~ne PC elntl lleed to be compensated for sta~lditlg o-op L ~ I I L ~ tree only. 5 A/-etz JOI . raw water pllrnping st~rfion, storage ancl pre-sedimentation pone1 is rrncler ~~tlmir~ist~-c~tivedecl by Yen H~lng commune PC, the,-efot-e no need to compensate for llzis 01-ecc. The cl~ltivato~. need to be compensa~ed for standing crop and tree only. (i At-eu JOI- /-ahJ water p~~tnpitzg statiorl is L L I I ~ ~ I - ildrni/~ist~-ativecl by Yen Dotlg cot?lmllne PC, the,-efot-e no need to compensule for [ /[ is area. Area for \ U P is 1~1zc1e1- trcltninist~.atived by the cornrn~l~~e PC. The c~~1tivuto1- on tllis area t~lkes other cllltivti~e place ~li t l l the sume urea fi-om tlze commllne PC trnd need to be compensated for stancling crop allel tree only. 7 Area for I-uw wuler pumping statiorz is ~rncler ad1ninist1-ativecl by Khatzlz Tr~rng cornrnlltle PC, t1lerefo1-e 110 neeel to competlsate for this trretr. Area for W P is 1lnc1e1- administ~.atived by the cornmllne PC. The cllltivutor on this 01-ecr lakes other c~~l t ivute placc? with the same are~lf,.orn the commlltze PC atld need to be compensatecl for starz~ling CI-op ancl tree only. R A / - ~ L L for /-ah) ctlcrter pl~rnpitlg station is ~lllcle~- cctlmit~ist1.~7ti~~ed by Khutzh Mall commlltle PC, t1le1.efo1.e no need to compensate for tllis area. Area for \VTP is uncle/- aclmirzistt-atived by tlze conz~nl~ne PC. The clll~ivator on this area tclkes other cllltivate place with the same ureaf,-om the commune PC and neecl to be compensatecl for standing crop atld tree only. Y Area for raw water pllmpitlg station is ~lnder admilzistrutived by Khanh Hong commune PC, therefore no nee~l lo compensate for this area. Area for \ U P is llndet- adt~zi~zist~.atived by tllc cornnlllrze PC. The cll1tivcrro1- on this area takes o~ller cl~ltivate plact> with the sume 01-eafi.orn he commllne PC and tleed to be compensuted for stutlclit~g crop ~rnd tree only. 10 At-ecl for I - C I M ' water pllrnpitlg stutiot~, storage an~ l pt.e-seclimetltatio~l pond, \VTP is ~lnclet- ~rdtninis~~~ativrcl by L~ri Tht11~h cotnml~ne PC. The cll1tivato1- O I L this area takes other c~ll~ivcrte pl~rce ~litll the sntne U I - ~ L I f,-on1 the corrlrnllrle PC L L I K ~ need to be cornpensated for s ta~l~l i t~g L.I.OII L I I ~ ~ tree otlly.
?!er supp!y and Sanitation sub-Project in 10 communes in Ninh Binh Province Nghi&n cau kh8 thi ---
ANNEX 1 ENTITLEMENT MATRIX i I I I I 1 S O 1 1-ypr of 1 . 0 s ~ 1 llrfinition of entitled person Entitlement 1 I I
Agricultural Land
Legal user with permanent or Iegalizable rights to use the affected land.
Less than 30% of HH's total land holding lost
More than 30% of HH's total land holding lost
User of land under dispute
I<esidential Land
DP will be enlitled to cash compensation for acquired land at 100% of replacement cost.
I
Affected Legalpegalizable land user
DP will be entitled to (i) cash compensation for acquired land at 100% of replacement cost. (ii) "Land for land" compensation equivalent productive capacity.
DP will be entitled to (i) cash compensation for acquired land at 10070 of replacement cost. (ii) "Land for land" compensation equivalent productive capacity.
DP will receive assistance equivalent 100% of replacement cost. DP only receive compensation when the disputes are settled. (this amount will be deposited as a guarantee)
IHouse/Struct ure and Grave
Legal or legalizable owner
House renler
(i)Compensation for affected structures at 100% of replacement cost (No deductions will be made for depreciation or salvageable materials). (ii) If house/structure is partially affected, the project will provide not only compensation for the loss of structures also repairing cost for restore structures as former or better.
Person rent State owned house when need to displacement will receive cash
I I I I compensation equivalent to 3 month rent at the current local market price or house (
~ o s G f Graves 'The level of compensation for the removal of graves will be for all costs of e..cavation, relocation, reburial.
(i) ~.:;h compensation for the loss of income during the transtion period, equivalent average monthly net income at least for three moths;
Income, Loss of income and/or
business I (ii) if business' or productive assets are affected, cash compensation for lost 1 - - -
settlement Plan
productive assels,
business/productive assets
I supply dr~u aar~~rar~on SUD-rrojecf ~n 7U communes ln Ninh Binh Province Nghi&n cOu khs thi
I i N o I '1'ype of Loss 1)efinition of entitled person Entitlement
business structure/assets reflecting their full replaceinent cost, without
depreciation;
(iii) if the business has to be relocated, then, a provision of alternative business site of equal size and accessibility tc) customers, satisfactory to the DP, or, in cash for business affected area at replacement cost, plus transportation allowance to remove movable attached assets.
Slanding
I (ii) Compensation for loss of net iricome from subsequent crops that cannot be I planted for the duration of project temporary use, AND
Loss of standing crops
i I crops and
i 1 1 !
(iii) Restoration of land to its previous or better quality by providing measures to improve land quality in cases for land being adversely affected, AND
DP will be entitled to compensation for damaged crops at market price.
Loss of trees 1
during construction
DP will be entitled to compensation on type, age and profitability.
trees
! 1
Temporary impact on business
(i) Compensation for one harvest of cropsltrees at full market prices 1 I
Temporary loss of residential land
1 (ii) Restoration of land to its previous or better quality. I
(iv) If the duration of project's use the land exceed more than two years, then the DPs have option to: 1) Continue using land, OR, 2) "Give it to the Project and be compensated as permanent loss
(i) Compensation for all affected movable properties at full replacement cost. I
I 1 (i) Compensation for temporary loss of income, equivalent an average monthly net 1
'fYemporary affected
~ I I 1 inccme at least for three months I
Arable land that will be temporarily affected
(ii) CuiA ?ensation for all affected movable properties at full replacement cost. I (iii) Restoration of land to its previous or better quality
'tlement Plan 3 1
'1 s ~ y p i y ano ~aniranon sue-~roject in 70 communes in Ninh Binh Province .
Nghi&n cUu khh8 thi .-
So I ' I . J . ~ w of Loss I 1)ufinition of entitled person I Entitlement I
(ii) Damaged property will be restored by contractors immediately, after completion of civil, work, to its former condition.
Ilamages caused by contractors to private or public structures
Persons affected by of Because all secondary DPs are likely to be affected in similar ways as primary resettlement 1 ones
(i) The contractor Lvill be required to pap compensation immediately to affected Families, groups, communities, or government agencies.
1 1 1 1 (iii) Compensation at replacement cost for affected land and public property. 1
1 I
I
agricultural land, sewage systems damaged permanently or temporary.
llehabilitatio n assistance
Village, Ward, Administrative units have public structures, forest,
I S
I
(ii)Relocating to the new site with consultation corninunity and relevant organizations;
llelocation assistance
(i) Damaged structures will be restored or repaired; Community I assets
Assistance for stabilization
DP has lo
and has to house on the old land
social assistance
bonus
Transportation cost of 500,000 VND/HH for the reorganizing DPs and from 1,000,000-3,000,000 VND/HH for relocating ones within province and from 3.000.000 to 5,000,000 VND/HH for relocating outside the pro\lince.
DP has to relocate and DP has to rebuilt house on the old land
currently receiving 1 to rehabilitate their living standards. social assistance
(i) Allowance equivalent 30 kg of rice/person/month for 6 months if DPs have to
relocate to new site; (i) Subsistence allowance equivalent 30 kg of rice/pesson/month for 3 months if
Relocating Dl's DPs have to remove on the remaining land;
DPs will be entitled to suecial social assistance not less than 1,000,000 V m l i H 1
the old land
1 They will receive an incentive bonus
1 (ii) 2,500.000 VND/HH for the partizil land and house acquisition;
I (iii) 200,000 VND/HH for agricultural land acquisition.
For DPs need to relocate or rebuilt on
ttlement Plan 32
(i) 5,000,000 VND/HH for the full land and house acquisition;
1 supply d l l U aar~iiarion suo-rrojecr in 70 communes m Ninh Binh Province
Asset I I
! i
lost
Nghien c0u k h i thi
Tenzrr
Prodrrct
Rice, Crops
Crop
CI-op
CI-op
CI-op
CI-op
CI-011
Crop
Crop
CI-013
Crop
Crop
CI-op
Ci-O/I
Crop
CI-op
! lost
pere
1 t~nia
-.
1;" 1 I
I
~ Ileud of household
I
! 5 i - l ' h g m Ngoc Son .
O I Nguyen Vin T6i
/ 7 1 iiin11 Ngoc ~ i n h --- 1 I S ! Dinh Van Hap
tlinh Xu8n Phung -
I
/ 1 0 1 LO Van 'l'uyen
"a"rs
Legal
Legal
Legal
Legal
Legal
Legal
Legal
Legal
Legal
Legal
Legal
Legal
Legal
Legal
-
1 17 I
/ 13 I
/ 1-1 I 1 1 I
j-- I I0 -
I-Iohng Ngoc Linh
NguyCn ?'hi Thby
Din11 Thl My
liohng Ngoc Quyet
1 I-lohng Ti& Luc
1 2 Viin 'I'hao
i
Agriculture land Total of
-
Residenti a1 larzd
-
' Y c n IIoa commune Yen Mo 1)istrict
l'ublic land
7
I
i j
I ! , j
34
lalld acqui sition
154
188
298
150
204
138
305
153
105
153
234
150
1200
1320
-
I l ' l r f ~ t . I I . P C I I ~ ~ ~ P I I I platif
Public land
Yen IIur~g commune- Yen blo District I<UILS ~ L ~ U ~ P I . pllrnpitig sfafioti
,f+/emen! Plan
Total area
360 -
4801
5052
3216
472
300
4432
792
3879
2744
4378
792
-
%
43
3,9
5.9
4,7
43
46
6,9
19
2,7
5 6
5,3
19
larzd acguisitiorz
Other
r supp:y and Sanltallon sub-Project in 10 communes in Ninh Binh Province . . -- -
Nghien cilu khs thi
ANNEX 4 PROJECT AFFECTED HOUSEHOLD 'S SOCIOECONOMIC FEATURES
7 I ~ a m l e t 2 - Binh Son
Hamlet 2 - Binh San
Hamlet 2 - Binh Son
Hamlet 2 - Binh Sun
Hamlet 2 - Binh San
Ilamlet 2 - Binh San
Hamlet 2 - Binh S011 -
I
i I p I
1;- ! 1
Farmer +I
Gia Thanh conirnunc --
7 . I he commune PC
Gia Tran comrnunc . . 1 hc commune PC
44 Farmer
I-Iamlet 2 - Binh Son
Hamlet 2 - Binh Son
Hamlet 2 - Binh Son
I-Iamlet 2 - Binh Sun
Hamlet 2 - ~inh ~ u n
Hamlet 2 - Binh Sun
Hamlet 2 - Binh Sun
Ig Dinh Van Hap Farmer
48 CC No
1111 IMai Son commune
10 42 Farmer r
42 IFarmer
i
I
/ 2
3
4
I 6
Dinh Xuan Phung
Le Van Tuyen
-
ttien~ent Plan 37
Pham Van Hanh
Pham Van Hanh
/ ~ i n h Th/ Hli
DinhVan Tinh
I'ham Ngpc Son
Nguy6nVBnTai pp
Dinh Ngoc Vinh
1 1 i 11 lohng Ngoc Linh
12 I ~ ~ u ~ i i n ?hi ~ h i ~ y
13
13
Dinh Th/ Mjl
I-loing Ngoc Quy6't
-'- I I 'I 1 1 :)<I aunruwon ayL1,l
payoddns ploy as~zozf JO ~ J I J ~ Z Z
-- !YI FYY nD3 ~ ~ ! Y E N a3u!no~d yu!g q u ! ~ u! saunluluo3 01 ur pa lo~d -qns uo!lel~ues pue / ~ / d d n c
Wafer supply and Sanitation sub-Pro/ect in 10 communes in Ninh Binh Province --
ANNEX 5 COMMUNITY CONSULTATION MINUTE OF MEETING
Community meeting minute in 10 communes
Khanh District: Lai ~ h a n h - Kim Son Di.strict
Commune: Gia Thanh, Gia Tran (Gia Vien District District); Mai Son, Yen Hung, Yen Hoa, Yen Dong -Yen Mo
Participation: Mr. Nguyen Muu Thoa, Position: Director of Ninh Binh PMU
Date: From Jan 3 to Jan 12,2008
Mr. Do Dinh Pho, Position: PMU officer Mr. Phung Ngoc Quang, Position: OCI Director, Team- leader - Consultant team Mr. Nguyen Thanh Chuong - VIWASE staff Representative of Commune People's Committee,
District; Khanh Trung, Khanh Mau, Khanh Hong - Yen ,
Representative of local unions, Representative of households.
Venue: Meeting room in Gia Thanh, Gia Tran (Gia Vien District District); Mai Son, Yen Hung, Yen Hoa, Yen Dong -Yen Mo District; Khanh Trung, Khanh Mau, Khanh Hong - Yen Khanh District; Lai Thanh - Kim Son District.
PMU Staffs and Consultants Content of Discussion
F p r o j e c t Description -
Name of the Project: Red river delta rural water supply and sanitation-subproject: Gia 'fianh, Gia Tran
(Gia Vien District District); Mai Son, Yen Hung, Yen Hoa, Yen Dong -Yen Mo District; Khanh
Trung, Khanh Mau, Khanh Hong - Yen Khanh District; Lai Thanh - Kim Son District.
Province : Ninh Binh
Project Objective: Improve rural water supply and sanitation services.
Main component of the sub-projects: The Project is carried out at commune level
1 components (i) Construction, rehabilitation of the Rural Water Supply and Sanitation Infrastructure (ii) I 1 Health and Hygiene behaviour change education, health improvement (iii) Capacity building and
institutional strengthening for community i ~ n d local institution for project implementation; (iv) Project I monitoring and management.
Total investment: F 1 Water source: Surf~lce water
1 Treatment technology: Surface water 3 mw water pumping s t a~ ion 3 mixer 3 I I filler tank 3 2nd filtcr lank 3 slorage lank
2. Resettlement impacts and issue( including opinions of participants)
Water supply and Sanitation sub-project in 10 communes in Njnh Bjnh province -----
Commune
Gia Thanh commune, Cia Vien District
, Gia Tran commune, Gia Vien District
Mui Soil commune, Yen Mo District
Capaclty of WTP (m '/day)
Servlced population
1 up to2015 (people) 6264 Water intake.
raw water pumping station
Water Treatment Plant
Water intake, raw water pumping station Water Treatment Plant
Water intake, storage and pre- sedimentation pond, raw water pumping station
Water Treatment Plant
--
764 1 7 %
ater intake.
Project aRected households
Public land
Public land
Public land
Public land
1, Pham Van Hanh 14114286 m2
2, Pham Van Hanh 2241840 m2
3, Dinh 'hi Hii 1601900 m2
4, DinhVan Tinh 12413324 m2
5, Pham Ngoc San 1541360 m2
6, Nguyin Van Tiri 18814801 m2
7, Dinh Ngoc Vinh 29815052 m2
8, Dinh Van Hap 15013216 m2
9, Dinh Xuin Phung 2041472 m2
1, LE Van Tuy$n 1381300 m2
2, HoBng Ngoc Linh 30514432 m2
3, Nguykn Thi Thliy 1531792 m2
4, Dinh Thi Mq 10513879 m2
5, Hoang Nggc Quygt 15312744 m2
6, Hohng Ti& LUC 23414378 m2
7, Lc Van Thno 1501793 m2
Public la~ld
Water supply and Sanitation sub-Project in 10 communes in Ninh Binh Province --
commune, Ycn Mo District
Yen Hung commurie, Yen Mo District
Yen Dong commune, Yen Mo District
Khanh Trung commune, Yen Khanh District
Khanh Mau commune, Yen Khanh District
Khanh FIong cornmune, Yen Khanh District
I
4076 Water intake, 1 964 1 Public l a n d 7 1 storage and pre- sedimentation pond, raw water pumping station
Water Treatment Plant
Public land
storage and pre - sedimentation pond, raw water pumping station
Water Treatment Plant
Le HCiu Khoa
1320
1 raw water 1 I I
7171
9716
Treatment 1 Plant
5 1,3
1496
108
Water intake, raw water pumping station
Water Treatment Plant
Water intake, raw water pumping station
Water Treatmcnt Plant
7845
Public land
Public land
Public land
106 Water intake, Public land
I I I
raw water pumping station Water Trealrnent
H 4 9 6 Plant
pp --
909-1 \Val(:r intake. 1076
Public land
Public land
Public larld
24 9597 Water intake,
Water supply and San~tation sub-project in 10 communes in Ninh Blnh Province
commune, Kim So11 District
Ensuret e users' rig1
storage and pre- sedimentation pond, raw water pumping
Water Treatment Plant
Ensure reasonable compensation
Minimize impacts
Selection of substitute areas.
Affected people are informed and involved during the period of site clearance
Use of public land areas
Reasonable compensation
Socio-economic and project-effected survey had been conducted by interview the DPs. From the
preliminary survey, most of PAH were asked a b o ~ ~ t their opinion on resettlement effection of sub-project
as well as PAII's expectation. These household are willing to hand over land as they get compensation
and assistance.
3. Follow-up actions Disclose the ARP report after appraisal