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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT CENTRAL PROJECT OFFICE - CPO

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

ABBREVIATED RESETTLEMENT ACTION PLAN

SUBPROJECT: CONSTRUCTION OF BRIDGES ON SECONDARY CANALS IN QUAN LO PHUNG HIEP AREA - 14 BRIDGES

29 March 2011

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CURRENCY EQUIVALENTS Currency Unit Dong (VND)

VND 1.0 $ 0.00004878048

..

CPC

CPO =

DARD

OMS

DOF

DONRE

DPC =

EA

FHH

GOV

HH IMO

LURC

MARD

MOLlSA

NGO

PAPs

PPMU

PPC

RC

RCS

RPF

RAP

WB

$1.00 VND 20,500

ABBREVIATIONS

Commune People's Committee

Central Project Office

Department of Agriculture and Rural Development

Detailed Measurement Survey

Department of Finance

Department of Natural Resources and Envtolement

District People's Committee

Executing Agency

Female-headed household

Government of Viet Nam·

Household

Independent Monitoring Organization

Land Use Rights Certificate

Ministry of Agriculture and Rural Development

Ministry of Labour. InvaJids and Social Assistance

Non-government Organization

Project A ffected person or persons, household, firm or private institution

Provincial Management Unit

Provincial People's Committee

Resettlement Committee

Replacement Cost Study

Resettlement Policy Framework

Resettlement Action Plan

World Bank

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

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

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

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Definitions of Terms

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

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

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

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

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

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

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

] Project Affected Persons (PAPs) - includes any person or entity or organization affected by the investment project, who, on account of the involuntary acquisition of assets in support of the implementation of the investment project, would have their (i) standard of living adversely

:r affected; (ii) right, title or interest in all or any part of a house and buildings, land (including residential. commercial, agricultural, plantations, forest and grazing land) water resources, fish ponds, communal fishing grounds, annual or perennial crops and trees, or any other moveable or

J fixed assets acquired or possessed, in full or in. part, permanently or temporarily; and (iii) business, profession, work or source of income and livelihood lost partly or totally, permanently or temporarily.

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

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

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

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Severely affected household - project affected household that will, due to the project,.(a) lose _I20% or more of its productive land or assets, and/or (b) have to relocate. For vulnerable household, losing 10% or more of its productive land or assets is considered as severely affected household. "•Vulnerable Groups - distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) •households headed by women, the elderly or disabled, (ii) households living below the poverty •threshold, (iii) the landless, and (iv) ethnic groups. .."

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CONTENTS

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1 INTRODUCTION ................................................................................................................. 6 1.1 Introduction of the project ....................................................................................... 6 1.2 Introduction of the subproject ................................................................................. 6

2. SUBPROJECT IMPACTS ...................................................................................................... 8 3. POLICY FRAMEWORK AND ENTITLEMENTS .......................................................... 9 4. SOCIO-ECONOMIC PROFILES and impact OF SUBPROJECT............................... 19 4.1 Socio-economic profiles ...............................................................................................20

4.1.1 Head of household by gender and ages .................................................................20 4.1.2 Household scale ............................................................................................................ 20 4.1.3 Education background of household head .................................................................... 21 4.1.4 Income level of affected households ..................................................................... 22 4.1.5 Main occupation ofhouseholds ............................................................................. 22 4.1.6 Living standard of affected households ................................................................. 23 4.1.7 Land use rights and assets ownership .................................................................... 24

4.2 Subproject Impact. ..............................................................................................................25 4.2.1 Land acquisition .................................................................................................... 25 4.2.2 Acquired structures on land ................................................................................... 27 4.2.3 Affected crops and trees ......................................................................................... 28 4.2.4 Relocation due to land's acquisition and resettlement .......................................... 28 4.2.5 The loss due to land acquisition impact on business and income ......................... 29 4.2.6 Severely affected households by land and asset acquisition ................................. 29

5. PAYMENT OF COMPENSATION AND ALLOWANCES ........................................... 29 5.1 Procedures for Payment ofCompensation and Allowances ................................. 29 5.2 Proposed compensation options ............................................................................ 30

6. INFORMATION DISCLOSURE AND GRIVANCE REDRESS .................................. 31 6.1 Information disclosure ........................................................................................... 31 6.2 Result of consultation meeting .............................................................................. 32 6.3 Mechanism of grievance redress ........................................................................... 32

7. IMMPLEMENTATION ARRANGEMENT.................................................................... 34 7.1 People's Committees ....................................................................................................... 34 7.2 Provincial Resettlement Committee (PRC) responsibilities: ................................35 7.3 Monitoring, Supervision ........................................................................................ 36

Internal Monitoring for the Subproject ..................................................................................... 36 External Monitoring ofPAPs ....................................................................................................37 8. BUDGET AND COST ESTIMATE .................................................................................38

8.1 Source ofResettlement Funds ........................................................................................ 38 8.2 Compensation with replacement costs ............................................................................ 38 8.3 Cost estimate ................................................................................................................... 38

9. IMPLEMENTATION PLAN ............................................................................................... 39 APPENDIX ...............................................................................................................................42

APPENDIX 1 ........................................................................................................................ 42 APPENDIX 2 ........................................................................................................................ 46 Appendix 3 ............................................................................................................................47

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•• 1 INTRODUCTION "•1.1 Introduction of the project

The Government of Viet Nam ("GOV") through the Central Project Office (CPO) of Irrigation of the Ministry of Agriculture and Rural Development (MARD) is preparing the "Irrigation Management for Rural Development in Mekong River Delta Region Project", which will be funded by the World Bank. About 29 subprojects are proposed in 7 provinces of Mekong River •.. Delta Region: An Giang, Can Tho, Hau Giang, Kien Giang, Ca Mau, Bac Lieu and Soc Trang, in which 5 priority subprojects will be implemented in the first period. The Project includes 4 components: Component A: Assistance for the preparation of a master plan and establishing I water resource capacity; Component B: Investment assistance for infrastructure development to adapt climate change; Component C: Assistance for rural water supply and sanitation; and •..component D: Project implementation and management assistance.

The general objective of the project is to protect and enhance the utilization of water resources in 7 provinces in the western part of the Mekong Delta region in an integrated manner. The project will help sustaining gains in agricultural productivity, raise living standards, and accelerate climate change adaptation .." Detail objectives: co Maintained/improved agricultural/aquacultural productivity attributable to improved

efficiency and availability of the water for 120,000 hectares; o Improve mobility of local people through canal rehabilitation/dredging and investments

in farm access roads and bridges; o Reduced risk for the potential damages on the agricultural production resulting from

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

better communication of the monitoring results to varied stakeholders; and •" o More cost effective management ofwater resources infrastructure The subproject will be implemented in 7 provinces of Mekong River Delta namely: An Giang, Can Tho, Hau Giang, Kien Giang, Ca Mau, Bac Lieu and Soc Trang

1.2 Introduction of the subproject

"The construction of bridges on secondary canals in Quan Lo - Phung Hiep area in Bac Lieu

province Subproject" is one of the 5 priority subprojects that will be implemented in the first

period. •.. General objective of subproject is to contribute completion traffic system in the subproject area

by upgrading old, low quality bridges for ensuring traffic safeness, which create good conditions .." for socio-economic development and improving local people living standard. .. Detail objectives of the subproject: •

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J Investment of construction in the subproject to serve agriculture and rural development in the communes of Hong Dan district, Bac Lieu province includes: construct bridges on secondary canal in Quang Lo - Phung Hiep area, Bac Lieu province.

Complete on farm road system for easy transportation of machines for agricultural purposes, transportation of agricultural products, inputs etc. of local people in the subproject area. Construct rural road system (Construct bridges on secondary canal) which can connect the residential areas with inter-commune main road system.

The main components of the subproject is to construct 14 bridges on secondary canals

located in 5 communes: Ninh Quoi A, Ngan Dua, Ninh Thanh Loi A, Ninh Hoa va Ninh

Thanh Loi in Hong Dan districts of Bac Lieu province.

Table 1. List of bridges and location

I No.

1 1.. 2

3

4

5

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1 i

8

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10

11

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13

J 14

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Name of bridge

Sau Ngan

Khong Tam Ngan

Ninh Quai

SauHi

LeLe

Nga Tu Cai Giang

6ngVi~t

CAu S~t

Muai Ngan

KF - Tam Ngan

KF - Vam XiI Sang

KF - Cai Giang

BaHi~n

LAi Vi~t

Location

Ninh Th~nh Lqi

Ninh Th~h Lgi

Ninh Quai A

Ninh Quai A

Ninh Quai A

Ninh Th~h Lqi

Ninh Th~nh Lqi

Ninh Quai A

Ninh Th~h Lqi

Ninh Th~nh Lgi A

Ninh Th~nh Lgi

Ninh Th~h Lgi

Thi trAn Ngan Dira

Ninh Quai + Ninh Hoa

According to the WB's plocies, in case where the impact ofland and property acquisition by the activity/subproject is minor l

, an abbreviated RAP for each activity/subproject will be prepared in

I Impacts are considered minor ifno affected people are physically displaced and less than 20 % oftheir productive assets are lost or fewer than 200 people are displaced.

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".. ,line with this policy. General results of EOL, the number of 42 households (with 180 persons} will be effected by the subproject. The Abbreviated RAP for subproject "The construction of • bridges on secondary canals in Quan Lo Phung Hiep area - 14 bridges" has been developed to meet the World Bank's policies and requirements on involuntary resettlement.

2. SUBPROJECT IMPACTS

Since detailed engineering design and demarcation marking were not completed at the time of • preliminary social assessment, accurate impact assessment (household level) could not be done. .. Therefore, the impact presented in this RAP is an estimation based on based on basic engineering design. Detailed impact (household level), including impact for ethnic minorities, will be assessed and updated properly and sufficiently in RAP when SA is done during Detailed Ii• Measurement Survey (when the project is implemented and exact scope of impact become clearly known). It is also noted that Replacement Cost Survey (RCS) will be done for all subprojects to ensure compensation/assistance to affected households are done at replacement I costs as per RPF. The TT will work closely with provincial PMUs and their consultants to support them in doing RCS and updating/preparing RAPs properly. II'.. 2.1. Estimate ofloss ..

The census and activity of Estimate of Loss (EOL) of assets was conducted in 5 communes .. of the subproject area in Hong Dan district to collect data on the number of project affected people (PAPs) and the types and amounts of land, structures and other assets that are affected by land acquisition. The survey was carried out for 100% of PAPs. The base ofEOL is basic design and temporary landmarks for ranging subproject. The data collected during the EOL constitutes the fonnal basis for detennining PAP entitlements and levels of compensation. ,...The preparation of EOL was began in November, 2010. The District People Committee of districts Hong Dan were corporate with local authorities of 5 affected communes and Design Consultants set up landmarks for temporary borders of subproject components based on basic design. The border specified the land and households would be affected by the land

•.. acquisition of the subproject construction. The identification of civil work bodering would allow us to estimate land and household affected by the land acquisition of the subproject construction.

In beginning of November, 2010, the EOL team, which includes Consultants Resettlement (members of NIAPP) coordinate with workgroups of local authorities of 5 affected communes (the member of each commune workgroup include: 1 Commune Deputy Chainnan, 1 land management officer, 1 judiciary officer, 1 agricultural management officer, ...all village leaders of affected villages) have carried out inventory the land and assets on the land would be acquired base on the temporary landmarks and basic design of the subproject. •

2.2. Estimation of loss by land acquisition

General results ofEOL show that: land area and assets of 42 households (with 180 people) in subproject communes will be affected; of which 1 household is Khmer; total affected houses: 15 households and business shop: 5 households.

Total acquired land area is 6,561m2; of which penn anent land area is 881m2 (residential areas), temporary acquired land area of 5,800m2 (120 m2 is residential land and 5,680m2 is garden •land); total affected houses and business shop is 1 000m2; total loss area of yard is 190 m2 ; total .. number oftrees affected is 1,127, ofwhich fruit trees 363; timber tree: 764.

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

following parts:

Table 2. Summary of losses of atTected households

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1 1

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. No. Type of loss Unit Total

Communes

Ninh QucriA

Ngan Dira

Ninh Th~nh LQ'iA

Ninh Hoa

Ninh Th~h

LQ'i

I A

Total affecter households HHs

42 23 5 6 2 6

B Land m 2 6,561

1 Permanent residential land loss area

m 2 881 361 270 250

HHs 15 9 3 3

2 Garden land m 2 5,680 2,650 440 2,430 160

HHs 36 22 5 5 4

C Structures and architectures

1 House category N, (IV d)

m 2 100 100

HHs 1 1

2 Temporay house ( A)

m2 366 216 150

HHs 7 5 2

3 Temporary house ( B)

m 2 415 145 270

HHs 7 4 3

4 Other temporary house and tents

m 2 119 89 30

HHs 4 3 I

5 Yards m2 190 190

HHs 4 4

D Trees

1 Fruit tree Tree 363 328 25 10 0

2 Timber tree Tree 764 592 77 75 20

E Business loss HHs 5 1

J 3. POLICY FRAMEWORK AND ENTITLEMENTS

3.1 National Laws on Land Acquisition and Resettlement

J The Constitution of the Socialist Republic of Viet Nam (1992) confirms the right of citizens to own and protect the ownership of a house. In addition, the Government has enacted a

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I number of laws, decrees and regulations that constitute the legal framework for land· acquisition, compensation and resettlement. The principal documents include:

• The 2003 Land Law dated 26 November 2003;

• Decree 181/20041ND-CP dated 29/10/2004 of the Government guiding the execution of amended land law 2003;

• Decree 197/20041ND-CP date 03/12/2004 of the Government on compensation, assistance and resettlement in the event of land recovery by the State;

• Circular No116/2004ITT-BTC dated 1711212004 of Ministry of Finance, providing guideline on implementation of Decree 197120041ND-CP date 03112/2004 of the ,.Government on compensation, assistance and resettlement in the event of land recovery ,,, by the State; ..

• Decree No. 188120041ND-CP dated November 16, 2004 of the Government on methods ,ofdetermining land prices and land prices framework; ..

• Circular No. 1l4/2004/TT-BTC dated November 16, 2004 of Ministry of Finance guiding the implementation of Decree No. 188/2004/ND-CP of the Government; .." • Decree No. 17/20061ND-CP dated January 27, 2006 of the Government amending and supplementing some articles of the Decree guiding the implementation of the Land Law and Decree No. 187/20041ND-CP on the transfer state-owned companies into joint stock companies.

• Decree No. 84/20071ND-CP dated May 25, 2007 of the Government on additional •regulations on the granting of land use right certificates, land acquisition, implementation •of land use rights, compensation order and procedure, resettlement when the State recovers land and settle claims about land; ••• Decree No. 123120071ND-CP dated 27 July 2007 amending and supplementing some articles of Decree No. 188/20041ND-CP dated 16 November 2004 on methods of determining land prices and frame land prices; ..

• Decree 69/20091ND-CP dated August 13,2009 of the Government of Vietnam regulating , " additional planning of land use plan, land prices, land acquisition, compensation, assistance and resettlement; •

• Circular 14/2009ITT - BlNMT dated October 1, 2009 by MONRE regulating .. compensation, assistance and resettlement procedures and land acquisition, land ..allocation, land lease in details;

• Other laws, decrees and regulations relevant to land management, land acquisition and resettlement include the Construction Law 16/2003/QHli on compensation and relocation of people affected by ground clearance for investment projects, Decree 16/2005-ND-CP on the implementation of the Construction Law, Decree 182120041ND­CP on penalties for administrative violations in land issues, Decree 198/20041ND-CP on land use fees, Decree No. 12120091ND-CP dated 1212/2009 on the management of construction investment projects, Decree No. 13112006IND-CP, on the management and use of Official Development Assistance (ODA), and Decree No.70 that stipulates that all documents registering family assets and land use rights must be in the names of both

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husband and wife. Decisions of project provinces relating to compensation and resettlement in provincial territory will be also applied for each relevant project province.

• Laws, decrees and decisions relevant to public disclosure of information include Land Law, No. 13/2003/QHll, Article 39, requiring disclosure of information to project affected people prior to recovery of agricultural and non-agricultural lands of a minimum of90 and 180 days minimum respectively.

• Decrees relevant to protection and preservation of cultural property include Decree No. 186/20041ND-CP requiring that sites currently recognized for cultural and historical preservation and that are situated within the boundaries of waterway safety corridors, should be kept intact according to current legal regulations .

• The Central Project Office ofMARD through its Envtolement and Resettlement Division is responsible for ensuring effective implementation of the RPF in close consultation with other line agencies and the provinces.

With the promulgation of Decree 69/20091ND-CP dated 13 August 2009 of Vietnamese Government regulating additional land use plan, land prices, land acquisition, compensation, assistance and resettlement, policy and legal framework of Vietnamese Government on resettlement is consistent in most respects with the principles ofWB's policy.

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

• Decision 25/2009/QD - UBND dated 22 December 2009 ofBac Lieu PPC regulation for compensation, assistance and resettlement when the Government acquire land on Bac Lieu territory .

• Decision 82412007/QD -UBND dated 4 December 2007 of Bac Lieu PPC promulgated the unit price for compensation of categories of structures when the Government acquire land on Bac Lieu territory .

World Bank Policy for Involuntary Resettlement (OPIBP 4.12)

Social safeguard policy: Operational Policy (OP) 4.12: Involuntary Resettlement are triggered for this Project. The policies describe objectives and guidelines to be followed in situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The OP 4.12 aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. The policy prescribes compensation and other resettlement measures to achieve its objectives and requires that borrowers prepare adequate resettlement planning instruments prior to Bank appraisal of proposed projects.

For preparation and implementation of activities involving land acquisition, compensation, relocation, and restriction of resources uses, the policies require close consultation of the affected population and appropriate mitigation of the potential negative impacts given special attention to ethnic, gender, and other vulnerable group

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issues. The policies also specify the need for information disclosure, monitoring and, evaluation, and ensuring adequate budget and capacity ofthe agencies.

tilt 3.3 Key Differences between Government and WB Policy ..

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

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The World Bank Policy does not consider the absence of legal rights of PAPs on the acquired land as an impediment to receiving compensation for other assets and for rehabilitation assistance. Non-registration of a PAP's business also does not bar them from being assisted in restoring their business. There is also slight difference in the definition of major/severe impacts. Key differences between WB Involuntary Resettlement Policy and Viet Nam's legislation, including measures to address the differences, are outlined in Table 3 below.

Table 3. Differences between Vietnam's policy on

Involuntary Resettlement

Article II, decree 69: The compensation rates for land shall be determined by the PPC in accordance with the Government regulations for the type of land which has been used for at the time of land acquisition. If land compensation price is lower than actual transfer price at normal market conditions in locality, PPC is responsible for re-determining the land compensation price suitable to the actual Article 18, 20 in Decree 197: Houses and structures on non-eligible-for­compensation land, which have not violated announced land use plans or the right of way will be compensated or assisted at maximum of 80 percent of

•.. resettlement and WB's Policy on ....

".. At the time of land acquisition

cost.

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

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••Houses and structures on non­

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

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Land compensation should be based on replacement cost at current market values. A replacement cost survey should be conducted at the time of land acquisition.

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

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article 28 in Decree 197: Only registered businesses are for assistance Article 20 and 22 Decrees 69: AP's losing more than 30 percent of productive land (outside resident area) will be entitled to assistance in living stabilization and vocational training/job creation..

No provision for external monitoring.

are eligible for assistance

Severely affected persons, including persons losing 10 percent or more of productive land/income will be entitled to rehabilitation assistance.

External monitoring of the resettlement process by an independent and qualified institution is

for assistance

+ PAPs lose less than 20% (or less 10% for vulnerable households) of their total productive land for land-based livelihoods will be entitled to

• compensation of lost land at replacement 'cost + PAPs who lose 20% or more (or 10% or more for vulnerable households) of their total productive land for land-based livelihoods will be entitled to rehabilitation assistance, including subsistence, vocational training/job creation (in addition to compensation of lost land at replacement cosO..

Provision will be made for the independent external monitoring of the resettlement and income restoration process.

'i 3.4 Compensation and entitlements.. Eligibility: All PAPs who are identified in the project-impacted areas on the cut-off date

J ofthe Project will be entitled to compensation for their affected assets, and rehabilitation

J measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. The cut-off date will be the final day of the detailed measurement survey (DMS) in each subprojects/investments.

J Those who encroach into the investment area after the cut-off date will not be entitled to compensation or any other assistance. Entitlements: Based on the types of impacts, category ofPAPs, and their entitlements the

J project will prepare specific entitlements to each category of PAPs following the entitlement matrix below as appropriate. Following detailed design, DMS and social assessments will be the basis for determining actual impacts, and replacement cost surveys will be carried out to determine actual replacement costs and rates, including information on affected land and infrastructures as described in the entitlement matrix (Table 4) below.

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Table 4: Entitlement Matrix

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III " Pennanent loss Owners 1. For marginal loss (less than of productive Land User .......S ..."I of land: Land (paddy Certificate cash compensation at replacement land, garden (LURC), which is equivalent to the currenttl land, forest in process market value of land within land, and acquiring L village, of similar type, category and aquacultural owners eligible productive capacity, free land) acquire LURC transaction costs (taxes, administration

and public 2. For 20 % or more the If the remaining land is organizations total productive land: not economically viable,

as a priority, a replacement land at the request of PAPs, nearby with equal productive capacity the Project will acquire acceptable to the PAP would be the entire the remaining provided with land title or land use land. The size of the certificate without any fees, OR cash entire land holding will compensation at replacement cost in be the basis for providing case replacement land is unavailable; replacement land or cash AND entitlement to receiving compensation and rehabilitation and allowance package relevant allowances. as defined below for severely affected PAPs.

Owners 3. Compensation for land at DRC should work LURC replacement cost if no dispute and no CPC to identifY the

violation with announced planning. of the affected land 4. If not meet conditions the starting point of compensation, PPC considers for use. support.

Users with 5. With remaining land sufficient to 7. PAPs may vo Land Residential

LURC, or in the rebuild houses/structures: (i) Cash donate portion of process compensation at replacement residential land to acquiring LURC which is equivalent to the project.

market value of land of similar voluntary donation and category, and free minor strips of ~~'~~'''''''I transaction costs (taxes, land will only be al fees) and (ii) cash for improvement by the Project when remaining residential land (e.g. filling following criteria and leveling) so PAPs can move back strictly complied with: and build house on remaining plot. the PAP's 6. Without remaining land sufficient residential land area to rebuild houses/structures: not less than 300 m2

; (i (i) Replacement land compensation in the strip of land that resettlement sites or in commune, with be donated cannot the same area, type and category, more than 5% of the total without charge for taxes, registration land area; and (iii) there and land transfer, with land title or are no houses, structures land use certificate, OR (ii) cash or fixed assets on compensation at replacement cost affected portion of land. which is to the the

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User

market value of land of similar and category, free from costs (taxes, administration fees) allowance for leveling and land.

without. Compensation for affected DRCs in com bmlahonI through either replacement with CPCs identifylegal

or rights

legalizable cash payment will be at eligibility of land

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

for PAP. Legal user For agricultural and residential occupant land to be used temporarily by the

project, (i) cash compensation and IMO will ensure should not be less than the income and revenue that could be generated by the property during the period of temporary use of the (ii) cash compensation at rep cost for affected fixed assets (e.g.

structure or salvageable materials; Affected houses rehabilitation and allowance package shops that are no for PAP as defined below for severely viable are those whose affected PAPs, including housing rent remaining affected during construction of new house. portion are no longer

usablelhabitable., (will require relocation)

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Temporary Use of Land

bins) or partially affected but no longer viab Ie

structures, trees, crops); and restoration of the temporarily land within I month after of construction

• Cash compensation houses replacement cost for the

or not Houses/Shops, structure with deduction for depreciation of

(iii) adequately informed used hislher rights and

entitlements as per the investment project resettlement policy; and (iii) agreement reached between the landowner and the civil works contractor are carried out. Environmental Management <,,,,••£>.t... , the

Plan wit

compensation

The supervision

the (i) location and alignment of the temporary use area will have the least adverse social impacts; (ii) the landowner

Structures (kitchen,

land is owned

J

__.ltalJ !t4> .... ;111f...........___,'~"I<~~~<l'_,_._ ,_........

Affected houses replacement cost for the affected Houses/Shops not and cost for repairing the remaining and part. structures remaining is viable Loss Owners of shops. Cash compensation equivalent to The business regardless the average of daily income income whether or not multiplied by the number of days relocation they register business disruption. during dismantling/ repair affected portion (without relocation)

Crops Trees

Permanent of phys cultural resources/ public structures/ village collective

Graves 10careiOI Owners of graves in the will be paid directly to PAPs, areas including costs of excavation,

relocation, purchasing/obtaining relocation of graves reasonable costs in accordance

__,:_~"_.___iW~...lj_._ •..,n_.1_h*_._________....IJ!l'I""',,_-"',...."_

number of days

negotiated DRC

business disruption and rate will be verified through interviews with informal shop owners to get an estimate of daily net profit.

Provide customer access to the business and shops to mitigate disruptions and avoid or closure. DRC should inform to PAPs at least 3 months before land acquisition

I I

•.,

I I I : .." .." "• •..

.. • ., .. III

,I..

•"

and Owner of • If standing annual crops nH''''Ll...,1 ripening and cannot be harvested,

or not owned

Villagers village households

compensation at market equivalent to the highest production crop over the last three multiplied by the current market of crops • For perennial crops and trees, cash compensation at current value based on type, age, productive capacity.

For timber

Compensation at cost based on its present value for the affected structures/fac ilities reconstruction, reinstallation, required by the owner.

Compensation to removal of v. " ,"..,,, ,

16

J

..,. J .....

J

J l J J J J J

Electricity Poles Support

local rituals.

Eligible

compensation for cost to transfer and rebuild

aUecteOI Additional to compensation for Payment should be acquired provided for households agricultural

households acquired land at replacement cost, one time at the time having households will be provided a cash compensation payment. land

! agricultural allowance, equal to from 20% to 50% located of average residential land cost in the

project area but supported area is not or urban area exceed 5 times of quota of residential

land in locality.

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

Payment should be provided for

Eligible affected Beside ofcompensation for acquired llV1,,,,,.,llV1IU.:>Ihouseholds agricultural land, affected households

one time at the time directly are provided one of two below on the options: compensation payment. agricultural - occupation change/job creation and allowance in cash, equal to from 1.5 to

5 times of compensation value of entire acquired agricultural land area but not exceed quota of land allocation in locality; OR

- a residential land plot or an apartment or a productive/commercial land plot, if locality has land fund.

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

If labor age members ofaffected households require vocational training for them, a free training course will be provided based on their needs.

Support Households Beside ofcompensation at Payment should be garden acquired garden replacement cost for affected land, provided for households and pond land, pond in the affected households will be supported one time at the time of

same resident~al by cash, equal to from 20% to 70% of compensation payment. land plot wtth price ofthe residential land plot. hbouses thereon PPC will decide level of the support.

ut considered

Relocating households relocating residual land or

. residential land Transition Relocating PAPs wiH be subsistence with cash or in-kind allowance equivalent to 30 kilogram (kg) of

at current market value for 6 months

17

J

• •

I

..•

Businesses households with non­registered business

Severely affected PAPs losing 20% or more of productive land/income

Structure totally affected and must be relocated OR partially affected and must be rebuilt.

PAPs directly cultivating on affected land and losing: • From 20% to 50% of their productive land/income will be provided with cash or in assistance equivalent to 30 kg of at current market value for 6 ...v ....'l~1

per household member if relocation, 12 months if rel()calnorl,1 and 24 months if relocation to

their productive land/income will provided with cash or assistance equivalent to 30 kg of at current market value for 9 ...v ....""1

per household member if relocation, 18 months if rel()Calt10fl,1 and 24 months if relocation to

productive land/income provided with cash or assistance equivalent to 30 kg of rice at current market value for 12 months per household member if no relocation, 24 months if relocation, and 36 months if relocation to sites. Cash assistance for loss of income based on the minimum wage in the respective province for the duration that the business/income-generation activity is disrupted.

Cash compensation for affected structures at replacement costs.

18

I ..'" I I I

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

iii•

•

• •• ••

II

owners must relocated partially affected

Cash assistance for loss of income equal to 30% of taxable revenues of one year. Average annual taxable revenues determined on basis of financial statements for the past 3

J .,... ...,. J

years; And rebuilt. and must be

Cash compensation for affected structures at replacement costs; And

Relocation allowance ifrelocated

Support for transfer all old and new allowance Transportation Relocating

building materials and other sites households to

1 possessions by cash with not less 1,500,000VND/relocating household. This support is not applied relocation in the same affected plot. ..,.

: Support for renting house rlllr.nlT'The support should households RelocatingHousing rent

construction of new house, for provided at the time months per household. PPC compensation.

J the rent but not less than 600,000 per month in rural and million in urban area.

J Severe imJ)ac1tsl Severely affected An additional allowance of The poor households on

J vulnerable PAPs rice per person in the be those meeting

PAPs such as the poor household. poverty criteria as set household (based MOLISA identified at on MOLISA An additional allowance of 30kg time of DMS

J criteria), rice per person for not less than 3 implementation. households years and lower than 10 years in the headed by poorest household.

J J

women, Eligible to participate in income elderly, .......,'..V.,"'..... ,restoration program landless, and ethnic groups The contractors will make all

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

Relocating Cash bonus up to a maximum Payment to beJ Incentive bonus

J households VND 5,000,000 per household directly to households

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

J J

4. SOCIO-ECONOMIC PROFILES AND IMPACT OF SUBPROJECT

19

,4.1 Socio-economic profiles .. 4.1.1 Head of household by gender and ages

35 heads of households are male and 7 are female in total 42 household who are involved

in the survey; 38 household heads are in the age from 18 to 55, they are in working age. This

group are paid more attention because they are head of affected households and who create main ....income ofthe family. 4 household heads are in the age of above .

Table 5 • Household characteristics by gender and age

Ages Male headed household

(hh)

Female headed

households (hh)

Total (hh)

Percentage (0/0)

18 to 30 2 2 4.8

31 to 55 29 7 36 85.7 56 to 70 3 3 7.1

[ Above 71 1 1 2RTotal 35 7 42 100

I4.1.2 Household scale Ii There are 42 households with 180 persons in the interviewed households, 16 households who

have 5-7 members in family (accounts for 38.1%); 25 households who have 4 or less than 4

members (accounts for 59.5%); 1 household who have more than 7 members. ,.Table 6. Household scale in the family

Unit: person • Number of

persons in family

Total 4 or below 4 members

5-7 members

Over 7 members

HHs % HHs % HHs % HHs %

Total 42 100 25 59.5 16 38.1 1 2.4

Xii Ninh Quai A 23 16 7

Xii Ng{ln Dira 5 2 40.0 2 40.0 1 20.0

Xii Ninh Th{lnh

LqiA

6 2 33.3 4 66.7

Xii Ninh Hoa 2 1 50.00 1 50.00

Xii Ninh Th{lnh 6 4 66.7 2 33.3

Ii•

•

20

••

I

J . .,

I

.Ir

-r

. Total 4 or below 4 5-7 Over 7 Number of members members members

persons in family HHs % HHs % HHs % HHs %

LQ'i

4.1.3 Education background of household head

The education background ofhousehold heads has been presented in the table 6 below:

Table 7. Education background of affected household head

Unit: household

]

I

J..

l 1 J J J J J

,

Education background

Illiteracy Primary school Highschool Junior

highschool

Quantity % Quantity % Quanti

ty %

Quantit

Y %

Total 4 9.5 14 33.3 19 45.2 5 12.0

Ninh Qu6'i A 3 16 4

Ng~Dira 1 3 1

Ninh Th~ LQ'i A 2 4

Ninh Hoa 2

Ninh Th~h LQ'i 2 4

The Table 6 shows that: Total number of illiteracy household heads are 4 (accounts for

9.5%), number of households head who finished primary school are 14 (accounts for

33.3%), 19 household heads completed high school (accounts for 44.5%) and number of

households head who finished junior school are 5 (accounts for 12%) .

In comparison with men, the level of educational achievement of women is lower. The difference of education level between men and women is the most in degree of Primary school (4 peoples) and 3 peoples in degree of secondary school.

The reason is that, in some households with difficulty of living standard, the girls stay at home to help their family for working in family or working outside to get more income instead of go to school. The phenomenon reflects the low aware of local people on gender equation: the women do not need to have high education level, but the high education is reserved to men.

] 21

1

"

• •

·,..,_""...._'_biMfo!..,................ "_.J1_._'_'$;.<I'i~ __ .. _·__~_.•_"_,_...._ii!_ ,__l,._._lld ,t '_._r_'_._'________..., e,"""__ ....fflJ""';~\lJirn_iilJ. !l_lj)_r""""'_ ... ...__ ....I_f).............. ....._._'............li:

4.1.4 Income level of affected households

In general, the income of 5 communes in the subproject area is 50 million VND/year or 3.5 million VND/month (main income source comes from agricultural production); the number of household who have average level of income from 3 to 5 million VND/month is highest 17 households (accounts for 40.4%), this is medium income level of households; 14 households who have income from 2-3 million VND/month (accounts for 33.4%),3 households who have income below I million VND/month (accounts for 7.1%) these households are poor household of the commune; Number of household who have income level from 1 to 2 million VND/month are 6 households (accounts for 14.3%). These households are in the thresholds of poor. Only 2 households earn more than 5 millions VND/per month (4.8%).

Table 8. Household classification by income

Income by month (1,000

VND) Total

Percentage %

Hong Dan district

Ninh Qu6iA

Ngtln Dim

Ninh

Thtlnh LqiA

Ninh Hoa

Ninh

Thtlnh Lqi

< 1.000 3 7.1 1 2

1.000 - 2.000 6 14.3 3 3

2.000 - 3.000 14 33.4 7 4 2 1

3.000 - 5.000 17 40.4 11 1 4 1

5.000 • 10.000 2 4.8 1 1

> 10.000

Total 42 100

4.1.5 Main occupation of households

The principal sources of the affected household's income are agriculture (90.5%), in which paddy rice is main crop. Raising animal husbandry is secondary income source from agriculture of the affected households. Besides, affected households have income source from planting timber trees ... The last one earn money from hired labor and wages with a small amount.

Table 9. Main source income of affected households

Agriculture Hired labor WageMain source

...i$l_

.,• •.. IIi

• Iii.

I

.." ,• I

" i

•II Ii•

22

, J. income

Number of HHs

Percentage

%

Number ofHHs

Percentage

%

Number

ofHHs

Percentage

%

Total 38 90.S 3 7.1 1 2.4

Ninh Quai A 23 100

Ng~nDira 5 100

Ninh Th~h

LqiA 3 50 3 50

Ninh Hoa 2 100

Ninh Th~nh

Lqi 5 83.3 1 16.7

Among the affected HHs, most of woman headed HHs have the main income source from agriculture (6 HHs) and the last gains from hired labor (1 household).

4.1.6 Living standard of affected households

Out of surveyed households, 31 households use drill well, 11 households use river and stream water sources. (See more detail in Table 10).

Table 10. Water use situation of affected households Unit' Household

r

No. District/town Household Water use situation

Taped water Drill well River stream water sources

I Hong Dan district 42 31 11 1 Ninh Quai A 23 18 5 2 Ng~n Dira 5 4 1 3 Ninh Th(tnh Lqi A 6 3 3 4 NinhHoa 2 2 5 Ninh Th~h Lgi 6 4 2

..,. i,

l 1 In addition, number ofhouseholds who use unqualified toilet is high (35 households) and

there are only 7 households who have qualified toilet.

l All households can access to electricity grid line. The power for cooking is mainly wood by- products (40 households), 2 households use gas (see more detail in Table 11)

J Table 11. Power for cooking situation in affected households Unit: household

J ]

23

No. District/town Household

Types of power Power for lighting Power for cookin2

Electricity I Others I Wood IGas by-. Others

J

".. product .

I Hong Dan district

42 42 0 2 40 0

1 Ninh Quai A 23 23 0 2 21 0

2 Ng~nDira 5 5 5

3 Ninh Th~h LQ'i A 6 6 0 6 0

4 Ninh Hoa 2 2 0 2 0

5 Ninh Th~h LQ'i 6 6 0 6 0

•.. All households can easily access to services (school, health care and market... )

4.1.7 Land use rights and assets ownership

42 households who are involved in the socio-economic survey in the area of 5 communes and town of Hong Dan district, Bac Lieu province, 40 households are affected land (95.2%), all most are garden land, remain are residential land. In general, the affected ..• households have LURe only 1 households who do not have land use right certificates, 4 households are in the process of applying for certificates. (Table 12) ••Table 12. Characteristics of land ownership of affected households

Unit: Households

District/commune

Total

Ninh Quai A

Ngan Dira

Ninh Th~h LQ'i A

4.1.8 Vulnerable households

Types of land ownership

No land use Land use

certificate certificate

1 35

20

5

5

5

In the

process of

applying for

certificate

4

2

1

1

Total

40

23

5

6

6

•• '"..

•.. Vulnerable households are those who may be at greater risk due to the impacts of land .. acquisition and resettlement and might suffer disproportionately or face the risk of being marginalized by the effects of land acquisition, according to classification in RPF, they include: • (i) households headed by women, (ii) households with disabled household heads, (iii)

IIhouseholds falling under the generally accepted indicator for poverty, (iv) landless households, (v) elderly households with no means of support and landless, and (vi) ethnic minorities. As .. specified in RPF, they are entitled to additional assistance to help them restore living and socio­ .,economic conditions.

• •..

24

• It

J Vulnerable group including ethnic minorities were interviewed and consulted during census survey and preliminary social assessment. Most of these people are affected by land acquisition (agricultural land and garden land).

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

J support them in doing RCS and updating/preparing RAPs properly.

J All affected vulnerable households will be further consulted during DMS and SA exercise when the impact is clear to them. A sample of socioeconomic data collection template (provided in RPF and RAP's annex) will be used during household consultation. Information collected will be adequately analyzed and presented in updated RAPs by agencies updating/preparing RAPs with the support from the IT. Analysis needs to indicate clearly a) the extent to which these

J vulnerable households would be affected (land, crops, structures, business ... ) and b) mitigation measures proposed to address these impacts (as per RPF, EMPF, and local regulations).

J Table 13. Vulnerable households

Unit: HHs

..,.

J J J

Poor Enthnic

households

Total 3 1

! .Ninh Qu6'i A

Ngan Dira

Ninh Th~nh LQ'i A

Ninh Hoa 1

Ninh Th~nh Lqi 2 1

:r 4.2 Subproject Impact

Since detailed engineering design and demarcation marking were not completed at the time of

J preliminary social assessment, accurate impact assessment (household level) could not be done. Therefore, the impact presented in this RAP is an estimation based on based on basic engineering design. Detailed impact (household level), including impact for ethnic minorities,

J 25

J

., •

will be assessed and updated properly and sufficiently in RAP when SA is done during Detailed· Measurement Survey (when the project is implemented and exact scope of impact become clearly known). It is also noted that Replacement Cost Survey (RCS) will be done for all subprojects to ensure compensation/assistance to affected households are done at replacement costs as per RPF. The TT will work closely with provincial PMUs and their consultants to support them in doing RCS and updating/preparing RAPs properly.

4.2.1 Land acquisition

All the land acquired for constructing bridges includes residential land and garden land. - Total permanently acquired land of 881 m2 completely is residential land and belongs to 15 households of3 communes: Ninh Qu6i A, Ninh Th~nh LQ'i A va Ninh Th~nh LQ'i. (See table 14)

Table 14. The permanently acquired land area of the sub-project .." Communes Number of households Acquired land area (m2

)

u6iA 9 361

Ngan Dita

Ninh Th~ LQ'i A 3 270

NinhHoa

Ninh Th~ LQ'i 3 250

Total IS 881

.,..

•• ••- Temporarily acquired land is used for building site huts in constructing time, for storing

construction materials, machines, equipments and tools. Some areas of temporarily acquired land will be used for temporarily storing waste earth before the earth are aggraded or moved to .. disposal site. Total temporarily acquired land estimated at 5,800 m2, of which: residentalland is " 120 m2 and garden is 5,680 m2

• The number offfected households shown at 36 households that belong to 4 communes: Ninh Qu6i A, Ngan Dita, Ninh Th~h LQ'i A, Ninh Th~h LQ'i in Hong IDan district.

•Table IS. Temporarily acquired land area by subproject .. Communes Number of households Acquired land area (m2

)

Ninh Qu6i A 22 2,650

Ng~Dita 5 440

Ninh Th~ LQ'i A 5 2,550

a • iIIIl

..III 26

•..

J ,

4 160.. [ Nihh Th<UIh Lqi

J -i ...

] ""'I"

J i J

] ..,.. J.

'T J

:r ,. ...

J J J J

Total 36 5,800

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

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

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

4.2.2 Aequired strudures on land

The permanently and temporarily acquired land for constructing bridges of the sub-project will affected to structures on the household's land. The number of household losing house calculated of 15 households, and 4 households losing shop.

The structures are on the residential land ofcivil work's components relate to expand roads to end of bridges: The structures are mainly houses, easements and other auxiliary constructions.

The cleared houses include: House category IV (100 m2), Temporary House (A) (366m2), Temperary House (B) (415 m2), Other house and tents (389m2).

Table 16. Number ofaequired struetures

Communes

Total House category

IV, (IV d) Temporary House (A)

Temporary House (B)

Otberbouse

and tents

No. of HHs

Areas (m2

)

No. of HHs

Areas (m2

)

No. of HHs

Areas (m2

)

No. of HHs

Areas (m2

)

No. of HHs

Areas (m2

)

Total 19 1,000 1 100 7 366 7 415 4 119

Ninh QU(1j A 12 450 5 216 I 4 145 3 89

Ngl,ln Dua

Ninh Thl,lnh LQi A

4 300 3 270 I 30

NinhHoa

Ninh Thl,lnh Lqi 3 250 I 100 2 150

27

• •

• •

..III The results of survey, only yard (190m2) of 4 households in Ninh Quoi A is affected by· subproject. •" 4.2.3 Affected crops and trees

., The clearance crops and trees on acquired land (permanently and temporarily) will be • implemented in all civil work's components ofthe construction bridges on secondary canals in all affected communes of the sub-project. The results of EOL show that 4 communes is garden land affected (perennial fruit trees is 363 trees, timber and other perennial trees (melaleuca, eucalyptus, acacia, bamboo .... ) are 764 trees;

For perennial crops, the clearance will lose permanently, so the crops will be compensated with replacement costs follow the compensation and resettlement policy, which is presented ! in Resettlement Frame Work for the project.

Table 17. Number of trees are cleared

Communes Fruit trees

(Frees)

Timber trees (Frees)

Ninh Quai A 328 592

Ng~Dira 25 77

Ninh Th~h LQ'i A 10 75

Ninh Th~h LQ'i 0 20

Total 363 764

I •iii ,.•4.2.4 Relocation due to land's acquisition and resettlement

The results ofEOL shows that, there are 15 lose houses. All of them don't want to relocate Iin resettlement site as their remaining land is enough for new house construction. Some HHs affected with a small part of houses (without damaging house structure) can keep on living and also want to be compensated by money as they have other land resources or houses out side the project areas. I In the case that a household loses residential land and their house, the house should relocate to new location. The following alternatives will be applied to compensate the affected people:

(i) Relocate in their remain land: After residential land has been acquired, the remain residential land is still enough to build new house and other easements; in the case, the household will be compensated a expense to rebuild new house and other easements, which have equivalent area and type with old ones, in remain residential land. Beside, the household will receive compensation for acquired residential land area and be assisted an allowance for removal household, which is presented in Frame Work of Resettlement for the project.

28 ..•

J •(ii)Relocate in remain garden land: The case appears when all residential land is acquired, but remain garden land area is still enough to rebuild new house and easements, the affected people agree to relocate in their garden land. In the case, the conversion from garden land (productive land) to residential land is free of all fees or taxes. Household will be compensated a expense to rebuild new house and other easements, which have equivalent area and type with old ones, in conversed residential land. Beside, the household will receive compensation for acquired residential land area and be assisted an allowance for removal household, which is presented in Frame Work of Resettlement for the project

4.2.5 The loss due to land acquisition impact on business and income

The clearance of shops in sub-project area is direct impact to livelihood's activities of

PAPs. In the sub-project area there are 5 shops in Ninh Quoi A commune will be affected

a part. If the clearance of shop affecting on business activities, the PAPs will receive .,. compensation for moved shops ( regulated by the compensation policy) and' assistance for

business interruption. This assistance will be equivalent to income from the shop during- interrupting or based on the regulation to be agreed by Vietnam Government and WB. "'!'

However, even if the 5 above mentioned shops are partly acquired, but business activities J are still affected, the PAPs will receive in-cash compensation for affected part and ..,. income assistance of 5,000,000 VND/per month for 3 months.

4.2.6 Severely affected households by land and asset acquisition

According to the resettlement policy framework of the subproject, Severely affected

households by land and asset acquisition and resettlement are those (i) lose 20% or more

production land and assets and lor (ii) have to relocate. For vulnerable household, losing

10% or more its productive land or assets.

Results of EOL show that number of PAPs losing assets generating income (shop,

workshop); 5 HH found in this case; number of relocated and resettled PAPs: 10 HH found

in this case .

l 5. PAYMENT OF COMPENSATION AND ALLOWANCES

1 5.1 Procedures for Payment of Compensation and Allowances

The Resetlment committee (RC) is responsible for payment of compensation and allowances to

PAPs. This will be done with assistance from commune and hamlet authorities. The procedures

to be followed include:

l (i) Following Compensation Plan approved by PPC, PPMU transfers funds to district

treasury; the RC withdraws funds for payment of compensation and allowances for PAPs.

J l (ii) The RC and local authorities notifY PAPs about the date, time and place as well as

documentation required, for payment of compensation and allowances; compensation is

paid in each commune. At least one week notice is given to PAPs; notification is made by

posting an announcement at commune and hamlet offices

J 29

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

PPMU, RC and commune witness the payment.

In case project affected people are without/limit civil actions, it is required a legal

assistance and support from their representatives (family, relatives, social political

organizations..) and/or judicial organs in receiving compensation amounts and their most

effective management and operation guidance. For PAPs without civil actions or PAPs in

vulnerable groups, RC will coordinate with CPC and other social organizations, such as I Youth Communist League, Women's Union and Farmer Association etc.

5.2 Proposed compensation options I The results of EOL show that, there are 42 affected households, in which 15 households are

affected from residential land, the remain are affected from garden land. There are 15 I households are affected from houses. According to the survey, all the affected households

want to have cash compensation to invest in production of the family. Compensation and .

support will follow the entitlement matrix.

Residential Land: Owners with LURC, owners in process of acquiring LURC, owners

eligible to acquire LURC:

- With remaining land sufficient to rebuild houses/structures: (i) Cash compensation at

replacement cost which is equivalent to the current market value of land of similar type Iand category, and free from transaction costs (taxes, administration fees) and (ii) cash for

improvement of remaining residential land (e.g. filling and leveling) so PAPs can move

back and build house on remaining plot.

- Without remaining land sufficient to rebuild houses/structures: (i) Replacement land

compensation in resettlement sites or in commune, with the same area, type and category, Iwithout charge for taxes, registration and land transfer, with land title or land use

certificate, OR (ii) cash compensation at replacement cost which is equivalent to the

current market value of land of similar type and category, free from transaction costs I (taxes, administration fees) plus allowance for leveling and register land.

Temporary Use ofLand For agricultural and residential land to be used by the civil works contractor as by-pass routes or for contractor's working space, (i) rent to be agreed between the landowner and the civil works contractor but should not be less than the unrealized income and revenue

that could be generated by the property during the period of temporary use of the land; (ii)

cash compensation at replacement cost for affected fixed assets (e.g., structures, trees,

crops); and (iii) restoration of the temporarily used land within I month after closure of the II " by-pass route or removal of equipment and materials from contractor's working space

subject to the conditions agreed between the landowner and the civil works contractor.

- Affected Houses/Shops, and Secondary Structures (kitchen, rice bins) or partially til..

affected but no longer viable

30

J Cash compensation at replacement cost for the new Houses/Shops, structure with no ..i deduction for depreciation of the structure or salvageable materials; and rehabilitation and

allowance package for PAP, including housing rent during construction of new house.

Loss of business income during relocation or during dismantling/ repair of affocted

portion (without relocation) : Cash compensation equivalent to the average of daily

income rate multiplied by the number of days of business disruption.

Crops and Trees, For perennial crops and trees, cash compensation at current market

]

value based on type, age, and productive capacity. - For timber trees, cash compensation at current market value based on type, age and

diameter at breast height (DBH) of trees

-Allowances: (1) Relocating PAPs will be provided with cash or in-kind assistance

equivalent to 30 kilogram (kg) of rice at current market value for 6 months per household

member; (2) Sopport for transfer all old and new building materials and personali

I possessions by cash with 3,000,000VND/relocating household; (3) Severely affected

vulnerable PAPs such as the poorest, or households headed by women, the elderly, or

disabled, and ethnic groups will be provided with An additional allowance of 30kg of rice

per person in the non-poor household; an additional allowance of 30kg of rice per person

for not less than 3 years and lower than 10 years in the poorest household; Eligible to

participate in income restoration program; The contractors will make all reasonable efforts

to recruit severely affected and vulnerable PAPs as laborers for road construction and road

maintenance works; Cash bonus up to a maximum of VND 5,000,000 per household for

relocating households that dismantle structures from affected land in a timely fashion; (4)

Support for vocationl training and agricultural extension training for serveraly affected

households, I traing card for each person in working age. Each card costs VND 6 millions.

6. INFORMATION DISCLOSURE AND GRIVANCE REDRESS

J Disclosure of information and consultations is deployed during preparation and implementation of subproject to ensure that PAPs and other stakeholders have timely information about land acquisition, compensation and resettlement, as well as opportunities to participate in and express their preferences and concerns regarding the resettlement program. The representative of district, commune, ward and/or hamlet -authorities organizes meetings and consultation, distributes information and takes other - steps to keep PAPs informed. - Additionally, the organization and people related to land and asset's acquisition and

resettlement including, social organizations such as Framer Union, Women Union, and

Fatherland Front etc. of all affected communes in subproject area participated the meeting -for information disclosure and consultation on land acquisition, compensation and-resettlement of the subproject.

--All project affected people of subproject are people living in 5 communes of Hong Dan

district, Bac Lieu province.

6.1 Information disclosure-.. 31

-

".. The purpose of infonnation disclosure is to provide infonnation of impacts, compensation· "•and assistance to PAPs and affected communities. As the mater a fact, due to fanners' .,limited social relationship and habit of hesitating to talk with authorities, the worries

relating to policy are rarely exchanged between local authorities and PAPs. The PAPs feel • free to ask about compensation policy and get project related document at any time, they

don' have to wait for infonnation disclosure. I Leaders of communes/wards/towns in the subproject area and Resetlement consultants have

co-odinated to conduct meetings of total PAPs for public consultation on subproject works, I at the same time, document of the subproject infonnation are distributed to the PAPs.

Impacts, potential negative and positive impacts, and implementation plan of activities I (EOL, announcement of EOL results, compensation option, etc.) are consulted in these

meetings.

In the community consultation meetings on impacts of the subproject works, entitlement ".. matrix, specific compensation policy and process of compensation, assistance, and

resettlement and grievance redress solving are disseminated in the affected villages. All the

PAPs of communes in the subproject area attended the consultation meetings.

Representatives of commune leadership, districts/towns/cities have directly explained,

answered the PAPs' questions. Entitlement matrix and specific policy of compensation, ..• assistance, and resettlement is printed out and distributed to PAPs, posted m

communes/wards/towns offices and village cultural house in the subproject area. •.. Work of EOL have been conducted with the participation of representatives of

communes/wards/towns, head, deputy-head ofvillages, mass organizations, and PAPs. •Result ofvaluation, compensation, assistance, and resettlement (based on entitlement matrix .. and EOL) calculated by household and distributed to every PAPs. This results will be

posted in communes/wards/towns offices, head, and deputy heads ofvillages

6.2 Result of consultation meeting

First consultation meeting: November 2010 ! Second consultation meeting: January 2011 With the disseminated infonnation, the attendants had discussed and contributed their opinions on designing issues (aiming to minimize land and asset acquisition), EOL issue and compensation, assistance, and resettlement policy.

Main problems and opinions of the attendants: All the attendants agree with the subproject

implementation, with the project policy, and they look for the start of subproject

implementation that will create favourable conditions for local people in production and

transportation development with goods circulation, cultural and economic exchange within

and outside the area.

6.3 Mechanism of grievance redress 'I II

•Il 32

"..

-----

-

---

---

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

First Stage, Commune People's Committee. An aggrieved affected household may bring hislher complaint before any member of the Commune People's Committee, either through the Village Chief or directly to the CPC, in writing or verbally. It is incumbent upon said member of CPC or the village chief to notify the CPC about the complaint. The CPC will meet personally with the aggrieved affected household and will have 30-45 days following the lodging of the complaint to resolve it (Note: in remote and mountainous areas, the complaint should be resolved within 45-60 days. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles.

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

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

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

Third Stage, Provincial People's Committee. Upon receipt of complaint from the - household, the PPC will have 30-45 days (or 45-60 days if it is in remote or mountainous areas) following the lodging of the complaint to resolve the case. The PPC is responsible for documenting and keeping file of all complaints that reaches the same.

Upon issuance of decision of PPC, the household can make an appeal within 30 days. If the second decision has been issued and the household is still not satisfied with the

- decision, the household can elevate hislher complaint to the court within 45 days. PPC will then deposit the compensation payment in an escrow account.

Final Stage, the Court of Law Arbitrates. Should the complainant file hislher case to -- the court and the court rule in favor of the complainant, then Provincial government agency will have to increase the compensation at a level to be decided by the court. In case the court will rule in favor of PPC, then the amount deposited with the court is what the complainant will receive.

To ensure that the grievance mechanism described above are practical and acceptable by PAPs, this were consulted with local authorities and local communities taken into account of specific cultural attributes as well as traditional-cultural mechanisms for raising and resolving complaints and conflicting issues. The ethnic minority objects, efforts were also

--.. ­• - identified and determined which are culturally acceptable ways to find the solution that is

-

acceptable.

33

-

..•

6.4 The World Bank's Public Consultation and Information Disclosure (OP 17.S0} defines the requirements for giving public access to project information and documentation. It requires that during the planning and preparatory process, project beneficiaries and affected groups and local NGOs shall be consulted and the environment and social aspects of the project should be. presented. These is critical for successful planning and "•implementation of the Project. The consultation throughout the desigTI and implementation ,of investments must also be compliant with all other applicable safeguard policies of the Government of Vietnam and the World Bank. The policy also requires that any relevant .. material such as the environmental assessment study, social assessments, resettlement action plan, etc. should be made accessible, in a timely manner and in a form language understandable to the groups being consulted.

7. IMMPLEMENTATION ARRANGEMENT 11 The Central Project Office (CPO) in the Ministry of Agriculture and Rural Development • (MARD) has overall responsibility for resettlement and land acquisition within the project, ,including training on RPF and RAP for PPMU, PRCs and DRCs, recruiting external monitoring ..agency, supervising, reporting on resettlement issues and managing the project resettlement budget. ..Project Management Unit 10 (PMUI0) established in Can Tho under the MARD would be responsible for overall implementation of the project. Under the PMU 10, at each of the 6 • provinces and Can Tho Municipality, a provincial project management unit (PPMU) would be established to manage provincial level subprojects. ••The provincial project management unit (PPMU) established by PPC would monitor and supervise the implementation of resettlement and land acquisition program. The PPMU will work in close collaboration with the local authorities involved in implementation of resettlement and land compensation. Its functions include planning, coordination of implementation, and ".. financial control, information exchange and inter-agency liaison, internal inspection and monitoring. "•District Resettlement Committees (DRCs) will carry out the resettlement and land compensation within the areas of their responsibility under the supervision of the PPMU. These entities will be in charge of organizing the various tasks implied by the resettlement and land compensation •..program, including PAP identification, socio-economic surveys, provision of information to PAP's and administration of all compensation and related issues. A training program for PPMU, Provincial and District Resettlement Committees will be conducted by CPO based on the World Bank (WB) policy on Involuntary Resettlement (OP 4.12); the application of the Land Law 2003 and Decree 197/2004/ND-CP, Decree 17/2006/ND­CP on amendment of some provisions guiding implementation of the Land Law 2003 and Decree 69/2009/ND-CP providing additional guidelines on land use, compensation, support and ""II resettlement which will further strengthen the performance and compliance of MARD-CPO; PMUIO; and PPMU on these RPF. .. ..7.1 People's Committees

.­The RAP will be implemented by the PCs at two levels (district and commune) under the •guidance, assistance and monitoring of PRC. The People's Committees as top administration at

various levels have governmental administrative responsibilities within their territory. Provincial Resettlement Committees will be established for special projects only. ".. Provincial People's Committee (pPC):

IIII!I lit

34

••

-----------

l l • establishing provincial resettlement committee and appointing head of district resettlement

committee with assigned responsibilities and tasks, appointing members of Provincial Resettlement Committee and its chairman.J • issuing the policies of relocation and compensation rates and subsidiaries and other directives and instructions of resettlement and compensation applied to the project in..,. their territory. .... • approving compensation estimates submitted by District Resettlement Committees .

• acquisition and allocation of land for Project

• approving land plots to illegally relocated families • task assignment for districts in province.

J District People's Committee (DPC):

J DPC will decide the effectiveness of detailed compensation and resettlement works. DPC's are assumed to:

• appoint members of District Resettlement Committee, its chairman and assign functional tasks forDRC.

• appoint heads ofvillage resettlement team as required.

• certify land use right applications ofPAP's and their property title. - • sign contract with PRC for running District Resettlement Committee based on operating cost estimate approved by MARJ)..CPO and MDWRM-RD Project

• reimburse to CRC and DRC operating costs.

Commune People's Committee (CPC): -• appoint members working in village resettlement team and team leader to work in DRC's task

furces • sign compensation documents ofPAP's • receive operation fund allocated by DPe. • PAP's information and consultation, PAP's meeting arrangement

Commune People's Committee (CPC):

• Appoint member of village resettlement team and team leader and to work with DRC's task force - •- Sign compensation documents of PAP's

• Receive operation fund allocated by DPC

• Organize and conduct information disclosure and consultation meeting with PAP's

7.2 Provincial Resettlement Committee (PRC) responsibilities:

In all provinces resettlement Committees for the Water Resources Project have already been established. -• coordinating, scheduling, supervising and monitoring RAP activities in respective provinces. • drafting compensation rates (to be applied to PAP's in province). • hold regular meetings to assess progress and modify activities whenever needed.

35

• prepare professional training schedule for project affected adults including, particularly in-home' manufacturing programme for women.

District Resettlement Committee (PRC) responsibilities:

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

• canying out replacement cost survey to ensure that project rates for all categories of loss will be equivalent to replacement cost at current market values.

• check and sign compensation documents before fOlWarding them to RC. I• data base management ofPAP's, calculation ofcompensation entitlement • apply to OPC for land use right certificates for relocated families. • training resettlement in villages. I• scheduling resettlement activities and reporting regularly (monthly, bi-monthly) progress and

issues pending to PRC.

Commune Resettlement Committee (CRg responsibilities: I • arrange meetings with PAP's to consult and communicate policies of compensation and ,

compensation rates ofPPC's. .. • working with ORC' in OMS and documentation

7.3 Monitoring, Supervision I'..

Internal Monitoring for the Subproject

Implementation of the RPF will be regularly supervised and monitored by the PMU 10 and the Provincial Project Management Units (PPMUs) responsible for implementation of the investment activities that involve land acquisition and/or resources access restriction. The findings and recommendations will be recorded in the project file for possible review by the World Bank. The Central Office Project (CPO) will supervise and monitor the process at least

••,one time per year and include the results in the Project annual reports and to be furnished to the World Bank. Internal monitoring aims to: ..

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

b. ensure resettlement activities are conducted according to the compensation policies as per III

•agreed RAP for each subproject areas.

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

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

e. disseminate information and procedures openly

f. determine if complaint procedures are followed and if there are pending issues that require management attention. .,

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

" Ii 36

•II

J J .h, ensure transition between relocation or site clearing and commencement of civil works is

smooth and that sites are not handed over for civil works until displaced persons have been satisfactorily compensated, assisted and relocated.

J The Project staff (CPO and PMU 10) in close consultation with local government and PAPs will establish a set ofpractical monitoring indicators in line with the technical guidelines (Annex 5 of RPF)..-

• RAP updating: ., This RAP must be updated after the DMS and SA are completed. Updating RAP aims to make

.J sure exact scope of impacts at household level are reflected in the updated RAP and that all relevant data pertaining to all households affected by the subproject are entered properly to enable calculation ofentitlements (as per RPF) at household and subproject levels. Updated RAP must be submitted to the World Bank for clearance before compensation payment could be proceeded.

When updating RAP, the RAP outline provided in Annex 7 must be used. Data related to resettlement and compensation must be entered using electronic templates provided (see sample in Annex 7 of RPF)- • Capacitv Building: Training will be provided to PPMUs and their consultants on how to use project's templates for -RAP updating and for management of data related to compensation.

External Monitoring of PAPs

Investment activities with a full RAP will be subjected to external monitoring by appropriate agency and/or an independent qualified consultant. The external monitoring agency or consultant should be hired under terms of reference that specify frequency of monitoring, sampling and interviewing methods, and reporting requirements. Monitoring reports will be maintained by the CPO and made available to the MARD and the World Bank's supervision team. -The external monitoring will address specific issues such as the following:

(i) Public consultation and awareness of resettlement policy and entitlements; -(ii) Documentation of impacts and payments (DMS forms, compensation -

documents,) as per agreed RAP; - (iii) Coordination of resettlement activities with construction schedule; - (iv) Land acquisition and transfer procedures; -- (v) Construction/rebuilding of replacement houses and structures on residual land or to new relocation sites;

(vi) Level of satisfaction of PAPs with the provisions and implementation of the- RAPs;- (vii) Grievance redress mechanism (documentation, process, resolution); - (viii) Effectiveness, impact and sustainability of entitlements and rehabilitation.. measures and the need for further improvement, as required in the sustainable restoration of livelihood of PAPs;--- 37

-

r. »wu ." N I....,

II " (ix) Gender impacts and strategy;

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

(xi) Resettlement impacts caused during construction activities;

(xii) Participation of PAP in RAP planning, updating and implementation; I (xiii) Institutional capacity, internal monitoring and reporting; and

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

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

8. BUDGET AND COST ESTIMATE I 8.1 Source of Resettlement Funds

All land acquisition, compensation and resettlement costs of the subproject are taken from I provincial counterpart funds of Bac Lieu province and source of WB's loan.

8.2 Compensation with replacement costs I Compensation rates will be established in each province , the replacement cost based on market prices. The rates are set up based on replacement cost survey and methods to update rates as required when market prices change. The rates will be approved by PPC.

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

I Given the small magnitude of impact at household level (based on the nature of project interventions) location of subprojects being in rural area where fluctuation in land prices is limited, the RCS could take the form of collecting information on land trading transactions

. (primarily at the time of compensation). This information could be collected by interviewing local people residing in the neighborhood of PAP. Sampling should be reasonably sufficient to allow the comparison between proposed provincial compensation rates and replacement costs to achieve consensus from affected households and the Task Team will follow up .

8.3 Cost estimate

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

38

:

-

--

--

----------

i

] Table 18. Total cost estimation

No.

J I

1

2

3

II

1J I

Items

Compensation

Land

Structures

Trees

Support of resettlement

Support for relocation

Total (VND)

966,871,000

123,340,000

817,920,000 •

25,611,000

584,880,000

75,000,000 .

_.

2

3

4

5

6

7

Support for buniness shop

Support for poor household

Support food for serverely affected HHs

Support food for serverely affected poor HHs

Support for vocational training and agricultural extension training for serverely affected HHs

Bonus for HHs who hand over site in time

25,000,000

2,000,000

121,680,000

70,200,000

216,000,000

75,000,000

I

Sub-total (1+11) 1,551,751,000 !

III Management cost (2%) 31,035,020

IV Contingency (15%) 237,417,903- Total cost estimate 1,820,203,923-

-Total cost for implementing the RAP of subproject "Constructing bridges on secondary

canals in Quan Lo Phung Hiep area, Bac Lieu province" is estimated about VND

1,820,200,000 (One billion eight hundred twenty million and two hundred thousand VN Dong) is equivalent in US$ is US$ 88,790; of which the compensation cost is VND 966,871,000 ­

equivalent to US$ 47,164.

9. IMPLEMENTATION PLAN

The implementation plan for resettlement activities has been presented as following table - includes:(i) Consultation meeting (ii) RAP activities and (iii) independent mornitoring activity

The schedule ofactivities :

Table 19. Implementation Arrangement and Schedule

- 39

I I

Year t (month)

N Activities MIM

1 MIMiMo.

M M M M M 1 i 2 3 4 5 6 7 8 19 1

. 0

1 Preparation

World Bank and GOV

~2 Agreement on Safeguard Frameworks

3 Implementation

Uploading ofSafeguard

4 Framework and RAPs and EMDP on World Bank and Government websites

5 Establishment ofrelating ~boards

6 Trainings for relating boards ~and local government in RAP Public Consultation and

~7 Information Disclosure on RAP

8 DMS and updating RAP ~~

9 DMS and external monitoring ~ ~ agency (EMA)

10 Replacement cost survey ~~~

II Update compensation cost "'-~ Public Consultation and

~12 Information Disclosure on compensation measures to PAPs

1 13 Complete RAP with updated SSinformation

i 14 Submission of RAP to WB and ~i GOV for approval

i Land acquisition and clearance

~IS set up and information disclosure to PAPs Implementation of §§~16 compensation and resettlement payment

17 Land acquisition and clearance ~~~

18 Contract bidding on construction work

19 Planning and implementing ~~~income restoration pro!U"ams Implementing income

~ ~ ~restoration programs and 20 checking situations of severely i ~ venerable PAPs .

21 Monitoring and Evaluation

22 Internal monitoring ~"'~OO~~~OO~ 1\.'" ~ I External monitoring in

~ ~ compensation, income

I 23 restoration programs and

I situations of severely venerable PAPs Uploading monitoring and

~~24 evaluation report on websites ofWBandGOV

Year 2 (quarter)

MIM ! I Q Q 'QIQ1 1 1 2 3 41 2

i

~"-

~ ~~ ~ SS~~

~~ ~ ~~~ 00 ~~1\.'" "'~00 ~,

~ ~ ~ I ~ ~

Yl!ar3 ~ (quarter) !

I Q,Q Q Q

' 1 . 2 3 4 i

i

i

I

i

i

~ ~~ ~ ~ ","~~MIX'

~ ~,

I ~

I J •.. I •i

"•

" .... 40

•..

II

J J J J

-J J ., J

...,

-.. ----•

--- 41-

APPENDIX

APPENDIX 1

AFFECTED HOUSEHOLD questionnaire Works: ................................................................... ..

Village ....................... Commune ....................................... District: ...................... Province: .................... .

I INFORMATION OF AFFECTED HOUSEHOLD l.l Name ............................................. Male 0 Femal 0 1.2 Ethnic:.................................... 1.3 Ages: ....................... 1.4 Education: ................ ..

1.5 Type of household: 02- Poor o 3-Medium o 4-Good

- Poor household is recognized by commune: 0 1.6 Main work ofhousehold: ........................................................................................................... . 1.7 Has the commune classified your household ................... . 1.8 Total ofpersons: ......................... person. Male............. Female: ........... . 1.9 Total ofperson in labor ages: ........... person Male............. Female: ............ : ........... . II 1.10 Total ofperson from 1-7 ages: .......... person 1.11. Total ofperson from 7-18ages: ............... .. .. 1.12 Total ofperson over 60 years old with men and 55 years old with women : ........................... .

I•2 AFFECTED LAND

! No. Typeofland

Existing land area

Total area ofacquired land (m2)

Typeofland ownership (LURC, lease ...)

Distance from affected Land

(m2) Permanent Temporary

1 Residential

2 Garden land

3 Agricultural land

4 Water surface, land for aquaculture

5 Other

II " I

I

.... 3.2 AFFECTED STRUCTURES ,

III 42

•..

3. AFFECTED HOUSES I STRUCTURES 3.1 AFFECTED HOUSES

Total area ofI Acquired housesTT house area NoteType ofhouse category

(m2)(m2)

I I

2

J J .

Name of acquired structures (Kitchen, we, drilling well,

J No

courtyard, Graves .... )

...,

!..

-..

Unit Acquired

Total area/ Notearea/quantity quantity

- 3.3 List of affected crops ( annual crops, fruit trees, perennial tree, timber ...

No Total area AcquiredType of crops/trees Unit of annual

arealquanity Note

crops

.. -.. I

2- 3- 4 !

5- 6.. 7

8- 9

i

.. 4 AFFECTED AQUACULTURE LAND -..

-.. -.. -

No. Type ofaquaculture Unit Total area

Acquired area Note

1

2

3 4

5

6

.. - 5. COMPENSATION AND RESETTLEMENT OPTIONS .. - 43

-

• •

.,5.1 Ifyour agricultural or other productive land is affected, what are your preferences for compensatioQ? ..

1 - I want replacement land of same category and equal area and/or productivity

2 - I want cash compensation equal to market rates for similar land

3 - Not yet decided.

5.2 If you cannot rebuild principal structures on remaining land, what are your preferences for relocation? .,o I want cash compensation and relocate myselfto other land that I own

iReasons: CBecause other houses outside the affected area o Because the land outside the affected area U Get cash to buy land I o Resettlement due to construction projects

5.3 To restore the income he / she should do (eg income restoration measures) o I-Timely compensation C 2 - To be trained ...• o 3 - Support for loan 4 - Support for livestock, crops

n 5 - Support for agricultural technical training (training, sightseeing ... )

o 6· Get the money and by themselves (specifY ) ................................................ . I 5.4 How do you intend to use the money that you will receive for the compensation of your land?

o I - Build or repair houses 2 - Buy new land I3 • Buy other type of asset C 4 • Invest in small business

o 5 - Save in the bank I 6 Spend on children's education

07· Health C 8 • Other (Please describe) .................................................... .

5.5 Do you have plans of how you will replace the income o 1 - Buy new land for agriculture production 0 2 • Restart business in a new location

D 3- Business 4· Craft·making

US· Find a new job U 6 • Other (Please describe) ......................................... ..

6 SOCIO·ECONOMIC SITUATION 6.1 Income and expenditure of household 6.1.1 Language normally spoken at home: 1- Kinh 0 2- Other 0 3· Both 0 6.1.2 Average annual household income - all sources: VND ...................../month

1. Agricultural production ...................... dang Occupied ..... , ........ % 2. Busineess ........................................ ... dang Occupied ..............% 3 . Hired and salary .............. dang Occupied .............. % 4. Other income ............ ..... d6ng Occupied .............. %

6.1.3 Average annual household expenditure ..............................dAng/month

6.2 Living conditions of households 6.2.1 Water resources: 1- Drinking water: .......... .. 2. Washinglbathing .................

J- Rain water 4- Public tap 7- Piped water

2- Tradition/shallow well 5- Purchased 8- Other: ........ .

3-Deep well 6· Canal, river, pond •...6.2.2 Sanitation:

o 1· Pit latrine o 3· Toilet in house 05- None.

o 2- Fish pond toilet o 4- Others:, ___

6.2.3 Energy source: 1- Lighting: ............... 2- Cooking: .............. . III 1· Electricity (from government) 4- Wood 7- None .. 2· Private generator 5· Cylinder gas •..

44

J J 3- Gas 6- Other: ................................ .

6.2.4 Household assets: Ifhousehold owns an asset, indicate the number

J 1- Bicycle .............. 7- Tractor ............. .. 13- Telephone ................. .

2- Motorbike ......... . 8- Generator ......... . 14- Electric fan ................. .

3- Car ................. . 9- Water pump ....... .. 15- Sewing machine ........ .

4- Boat, small ....... .. 10- Radio .............. . 16- Refrigerator ................

5- Boat. large ........ .. 11- Television ........ .. 17- Rice cooker ................ .. ...,. 6- Truck ................. 12- Cassette/CD player or DVD ........ .18- Other: ........... .

J 7. DIVISION OF LABOR FOR HOUSEWORK

Women Men Cbildren Botb 7.1 Agriculutral production D D D D 7.2 Garden vegetable production D D D D 7.3 Livestock raising D D D D

] 7.4 Forestry D D D D 7.5 Small business activities D D D D 7.6 Hired D D D D., 7.7 Fetching water D D D D 7.8 Getting wood for cooking D D D D.. 7.9 Cooking D D D D 7.10 Cleaning D D D D 7.11 Watching D D D [J

7.12 Public meeting attendance D D D D 7.13 Traning course attendance D D D D 7.14 Joining local organization D D D D 7.15 Taking part in decision-making D D D D- 7.16 Other D D D D-

Date .......... 2010- Certification oftbe CPC Investigator----

------•

--- 45-

APPENDIX 2

LIST OF AFFECTED HOUSEHOLDS

No. Name of households Communes Sex

I Nguyen thj Truyen Ninh QmJi A Female 2 Nguyen Vim NgQ Ninh Quoi A Male 3 Nguyen Vim TrQng Ninh Quoi A Male 4 Le Thanh Tan N inh~Quoi A Male

I 5 Le Thanh Vii Ninh Quai A Male

i 6 D~ng Vim QUyen Ninh Quoi A Male 7 Nguyen Vim NgQc Ninh Quoi A Male 8 D~ng Vim QuyBn Ninh Quoi A Male

i 9 Nguyen Vim Anh Ninh Quai A Male 10 Tran TruOng Giang Ninh Quoi A Male 11 Tran Vim Bon Ninh Quoi A Male 12 Duong thj No Ninh Quoi A Female 13 Duong Vim Tai Ninh Quoi A Male 14 ~HS Ninh Quai A Female

I 15 Ngu Thanh Liem NinhQuoi A Male 16 VOCongLy Ninh Quoi A Male 17 VOThanhHoa Ninh Quoi A Male 18 Vo Vim Si Ninh Quoi A Male 19 VO thi Tu Ninh Quoi A Female 20 Le Bach Chien Ninh Quoi A Male 21 Tran Van Muon Ninh QuOiA Male 22 Vo Trung Dung NinhQuoiA Male 23 Quach Thanh Tinh Ninh Quoi A Male 24 Phan VanHo Ng~nDira Male 25 Phan Van Son Ng;;m Dira Male 26 Phan Thanh Hit Ng~n Dua Male

i 27 Phan Vim Chung Ng{U1 Dua Male 28 BflyNhan Ng~n Dua Male 29 Ly Van G;;m Ninh Th~nh Lai A Male 30 Doan Anh Nhung Ninh Th;;mh Lai A Male

I 31 Le Van Diing N inh Th;;mh Lai A Male i 32 Le Van L~c Ninh Th;;mh Lai A Male

33 Le thi Ho Ninh Th;;mh Lai A Female 34 D~ng Thanh Nhiin Ninh Th;;mh wi A Male

I 35 Nguyen thi D~ NinhHoa Female 36 Phan Thi Hay Ninh Hoa Female

37 DanhCao Ninh Th~ Lgi Male

38 Phan Van Lung Ninh Th;;mh Lgi Male 39 Tran Van Vi~t Ninh Th;;mh Lgi Male 40 Nguyen Van Vii Ninh Th;;mh Lgi Male 41 VanCongTan Ninh Th;;mh Lgi Male 42 Nguyen Van thanh Ninh Th~nh Lgi Male

46

Ethnic Ages

Kinh 36 Kinh 29 Kinh 49 Kinh 54 Kinh 54 Kinh 34 Kinh 53 Kinh 50 Kinh 43 Kinh 43 Kinh 52 Kinh 41 Kinh 54 Kinh 48 Kinh 47 Kinh 41 Kinh 67 Kinh 54 Kinh 48 Kinh 49 Kinh 54 Kinh 43 Kinh 44 Kinh I 5S Kinh 36 Kinh 41 Kinh 48 Kinh 59 Kinh 34 Kinh 42 Kinh 27 Kinh 38 Kinh 38 Kinh 42 Kinh 40 Kinh 52

Khmer 46 Kinh 72 Kinh 50 Kinh 52 Kinh 44 Kinh 58

Type of HHs

Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium Medium

Poor Medium Medium Medium Medium Medium

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J J Appendix 3

COST CALCULA nON METHODOLOGY

J 1. REPLACEMENT COST COMPENSA nON

Compensation cost will be calculated in Bac Lieu province , the replacement cost based

on market prices at the time of RAP preparation. The rates are set up based on replacement

cost survey and methods to update rates as required when market prices change. The rates will

be approved by PPC.

Resettlement Consultant conducted replacement unit prices survey in the area of

affected communes, the survey was conducted in November and December 2010.

Replacement cost study and survey was conducted based on the following basic principles: (i)

productive land (agricultural land, aquaculture, gardens) based on market prices reflecting the

last sales in the locality and surrounding area; (ii) crops is valued equivalent to market value at --.. the time of compensation, and (iii) perennial trees and fruit trees are compensated in cash

according to market prices by tree kinds, tree diameter, or a value of output at the time of .. compensation

Resettlement Consultant conducted the Replacement Cost Survey through (i) study of .. - the average revenue for agricultural industries (income generated from land) in the locality, (ii)

interviews and surveys of project affected households and non-project affected households and

(iii) observations and surveys in residential areas. Thereby, replacement unit price is proposed -.. for the subproject ..

Currently, regulations on compensation unit price for land, trees, crops as well as -.. architectural objects, buildings ... issued by People's Committee of Bac Lieu Province are

always updated by Department of Finance, Department of Natural Resources - Environment.- Department of Construction ... and local authorities to upgrade and release every beginning and .. middle of a year. Base ~n results of market price survey, Resettlement Consultant has

conducted the comparison result between market prices and compensation unit prices-regulated in documents and policies of the province in 2010. and realized that the market price - are equivalent or lower than unit price released by PPC. Provincial issued price is relatively .. - close to market unit price for assets traded in the market

- Price is calculated before moving, including tax as followings: .. (i) Production land is based on latest market price, if not based on production value;

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

(iii) House and other related structures are based on market price on maerial, labour - no deduction of depreciation as well as salvageable material; .. (iv) Annual crops has been compensated equivalent to the highest production in last -..

47--

3 years multiply with current market price at compensation time;

(v) The prenial crops is calculated equivalent to current market price of similar type,

age and production value at time of compensation.

(vi) Timber tree is calculated basing on diameter, height, age at current market price •The unit price for compensation calculation of land, structures, architectures, crops, Ii trees loss follow Decision No. 25/2009/Q£)-UBND. The replacement cost assesement is

implemented to compare the unit price regulated in the provincial policies and market price .. I The report from replacement cost survey, the unit price regulated by Bac Lieu PPC is

different with market price applied for assets loss. The unit price applied for land loss is •illvariance with market price.

The following table is cost estimation of compensation and resettlement of the

subproject (i) Cost estimation for permanent land acquisition, (ii) cost estimation for structure, ..'" architecture, house, crop and tree loss.

Summary of compensation cost and support of the subproject •..

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I

No. Type of impact Unit Quanity Unit Total cost (VNO) (VNO)

I Land

1 Residential land m 2 881 140,000 123,340,000

II Structure, architecture

1 House category IV type IVd m2 100 960,000 96,000000

2 Temporay house below category IV

m 2 216 940,000 203,040,000 iTemprorary A

3 T emporay house below category IV

m2 565 520,000 293,800,000Temprorary B

4 Tent, camp, other house m2 389 520,000 202,280,000 .

III Auxiliary structure

1 Yard m2 190 120,000 22,800,000

1111 Tree, secondary crops, tree

•

i 1 Annua/crop

2 Fruit tree

- Durian, mangosteel, mangeo Tree 44 100,000 4,400,000

- Start fruit, rambutan Tree 2 85,000 170,000

- coconuts tree 52 100,000 5,200,000

- Orange, mandarin, grape fruit, tree 70 85,000 5,950,000

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,.. ,..

,• .II•

•.. •• .. Ilia

•• ..'"

J J J

-

. No. Type of impact

longan, jackfruit, rose apple, mulberry

- banana

I -Papaya

I 3 Tembertree

- "Gon"

bamboo

- Eucalytus

IV Public structure

total

Quanlly ~~) Total cost IUnit (VNO)

tree 194 15,000 2,910,000

tree 3 35,000 105,000

tree 20 9,000 180,000

tree 270 _ I 9,000 2,430,000

cay 474 9,000 4,266,000

966,871,000

2. SUPPORT AND MANAGEMENT COST -• --•

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No. Support and management cost

I Support cost

~for Wrthin commune area to tion relocation household

Support in cash Support for equivalent to income of 3

2 buss/ness months of doing business loss (5,000,OOOVND/monthin 3

months)

3 Support for Land acquisition form 30 the poor to 70 % Support food Support 30kg/person x 6

4 for serverely affected HH months

Support food

5 for serverely 30 kg rice/person x 3 affected poor years households Support for vocational training and

Support in study card (6 6

agricultural mil. VND/card) for those extension training for who are in working age

serverly affected HH Bonus for HH

7 who hand over site in time

II Administrative cost

Unit Quanity Unit (VND) Amount (VND)

584,880,000

HH 15 3,000,000 75.000.000

month 5 5,000,000 25.000.000

HH 1 2,000,000 2.000.000

person 52 121.680.000

Person 5 70.200.000

person 36 6,000,000 216.000.000

HH 15 5,000,000 75.000.000

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-

1 ..

1 Management cost (2%) % 3~,O35,O20

Total 615,915,020 ..3. CONTINGENCY COST III

Contingency cost for structure has been calculated by 15% of total compensation cost Ias follows: II

(966,871,000 VND. + 615,915,020 VND) x 15% = 237,417,903 <lOng

4 TOTAL COST ESTIMATION

No. Cost AmountVND

1 Compensation cost 966,871,000

I 2 Support and administrative cost 615,915,020

3 Contingency 237,417,903

Total 1,820,203,923

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