department of agriculture and rural development of...

DEPARTMENT OF AGRICULTURE AND RURAL

DEVELOPMENT OF SOC TRANG PROVINCE

RESETTLEMENT PLAN

SUBPROJECT: SALTWATER INTRUSION PREVENTION

SYSTEM FOR PRODUCTION ON THE LEFT BANK OF THE

SAINTARD RIVER, SOC TRANG PROVINCE

Ho Chi Minh City, February 2012

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DEPARTMENT OF AGRICULTURE AND RURAL

DEVELOPMENT OF SOC TRANG PROVINCE

RESETTLEMENT PLAN

SUBPROJECT: SALTWATER INTRUSION PREVENTION

SYSTEM FOR PRODUCTION IN THE LEFT BANK OF

SAINTARD RIVER, SOC TRANG PROVINCE

PROJECT OWNER CONSULTANT COMPANY

DEPARTMENT OF AGRICULTURE

AND RURAL DEVELOPMENT OF

SOC TRANG PROVINCE

DIRECTOR

NAM THIEN SERVICE AND TRADING,

CONSTRUCTION DESIGN AND

INVESTMENT CONSULTANCY J.S.C.

DIRECTOR

Tran Thanh Son

Ho Chi Minh City, February 2012

RESETTLEMENT PLAN SUBPROJECT: SALTWATER INTRUSION PREVENTION SYSTEM, CERVICING

PRODUCTION IN THE LEFT BANK OF SAINTARD RIVER, SOC TRANG PROVINCE

1

Currency conversion rate

Currency Unit = (VND)

1 VND = 0,00004878048$

1 $ = 20.500 VND

ABBREVIATIONS

AP = Affected People

CARB = Compensation, Assist and Resettlement Board

PC = People’s Committee

DMS = Detailed Measurement Survey

DOF = Department of Finance

DONRE = Department of Natural Resources and Environment

DPC = District People’s Committee

LA = Line Agency

FHH = Female-headed Household

GoVN = Government of Vietnam

HH = Household

IMO = Independent monitoring organization

IOL = Inventory of Losses

GCNQSD = land use right certificate

MOLISA = Ministry of Labor – Invalids and Social Affairs

NGO = Non-Government Organization

PPC = Provincial People's Committee

RCS = Replacement Cost Research

RPF = Resettlement Policy Framework

RT = Resettlement Team

IS = Infrastructure

MARD = Ministry of Agriculture and Rural Development

CPMU = Central Project Management Unit

PPMU = Provincial Project Management Unit

WB = World Bank

NOTICES

(i) The fiscal year of the government of Vietnam ended on December 31

each year, for example, the 2000 fiscal year ended on December 31,

2000.

(ii) In this report, "$" means U.S. dollars.

RESETTLEMENT PLAN SUBPROJECT: SALTWATER INTRUSION PREVENTION SYSTEM

FOR PRODUCTION ON THE LEFT BANK OF THE SAINTARD RIVER, SOC TRANG PROVINCE

2

GLOSSARY

Affeted people - a person or group of people, households, businesses, private facilities or

the public affected by the changes caused by the project (i) who were

adversely affected in their living standards, (ii) whose property was

acquired, occupied or other long-term or temporary adverse influences to

total or partial rights or interests of their homes and land (including

housing land, commercial land, agricultural land, forest land, land for

making salt, and/or pasture), water or real estate or other property, and/or

(iii) who was affected in their business, jobs, shelter or habitat and

have/have not had to relocate. For households, the term affected

households includes all members living in the same house which

operates as an economic unit, who were adversely affected by the project

or by the part of the project.

Compensation - payment of cash or in-kind to compensate for losses of land, housing,

income and other property caused by the project. All cases are based on

the principle of the conversion price, which depend on current market

price, plus any transaction costs such as administrative fees, taxes,

registration fee.

Right to benefit - includes measures of compensation and income recovery support,

moving assistance, relocation assistance and income changes support to

help affected people restore economic and social base.

Land acquisition - the process where an individual, household, business or private

organization is requested to relinquish partially or the whole land they

possess to state organizations or withdraw the state organization

ownership itself and use the land for public purposes, those who are

affected will have equivalent compensation.

Restore living

condition

- the support for people who are affected by the loss of productive land,

income, jobs or live sources, to supplement the compensation payments

for the land is acquired, at least to restore completely their living

condition and quality of life as it was before the project.

Relocation

- the relocation in terms of material of affected people from the project

area.

Conversion price

- the methods of determining the value of land, materials and other

properties such as:

(i) Agricultural land: Agricultural land conversion price based on: a)

market price before the project or before relocation, take higher price of

land has the same ability to produce around the affected area; plus b) the



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cost of reclamation for land to have the same quality as the acquired

land, and c) transaction costs and other registration fees.

(ii) Residential land: conversion price equal to a) market price for land

with the same size and usage before the relocation, with similar or better

infrastructure and services in the surrounding area, and b) transaction

costs and other registration fees.

(iii) Buildings and other structures: conversion price equal to) the current

market price for new construction materials to build the same or better

quality structures than the affected structures, or to repair part of affected

structures; plus b) the transportation costs to transport materials to the

new construction site; c) the cost of labor and contractors, and, d) other

transaction costs and registration fees. When calculating the conversion

price for structure, do not deduct expenses for a) depreciation, b) the

value of the recovered material, or c) the value of the benefits gained

from the project.

(iv) Annual crops: The conversion price for the annual crop equal to

average yield of the previous 3 years multiply by the current market

prices for agricultural products at the time of compensation.

(v) Perennial: The conversion price for perennial plants is equivalent to

the market price and the production value of the tree at the present time,

including the output value of the tree will be lost in future.

(vi) Other assets (community, cultural, aesthetic): Compensation will be

calculated based on market price at the time of compensation for the

repair and/or replacement, or, relocation expenses. For example, the cost

of moving graves will cover all expenses from digging up the grave and

build a new equivalent tomb to the transportation of remains to the new

tomb, and the other reasonable expenses.

Resettlement - includes any measures to minimize any or all of the negative impacts of

the project to the property of the affected people and/or livelihood,

including compensation, relocation (to similar places), and restore living

condition as required.

Resettlement plan - an action plan in specific period of time with budget strategy for

compensation and resettlement, objectives, interests, actions,

responsibilities, monitoring and evaluation. Resettlement plan must be

approved prior to loan appraisal for the project.

Severe affected

people

- affected people who is (i) loss of 20% or more of production land and

assets, and/or lost income due to project implementation, and/or (ii)

resettlement since the remaining land area is not enough to rebuild their

house.

Important

resettlement

- occur when there are 200 or more people bear the main impacts of

resettlement, it means, they have to relocate materially and/or loss of 20



4

impacts or more of their productive properties and income sources.

Vulnerable groups - separate groups of people who suffer from imbalance or face the risk of

isolation from the social of the impact of resettlement and in particularly:

(i) the household where the householders are women and their

dependents, (ii) the household where the householder is disabled, (iii) the

households under the poverty criteria, (iv) the household with no land,

(v) the elderly households with no resources and no land, and (vi)

communities of indigenous ethnic minorities.



5

TABLE OF CONTENT

LIST OF TABLES ............................................................................................................................. 7

PROJECT SUMMARY .................................................................................................................... 8

1. INTRODUCTION .................................................................................................................. 13

1.1. Introduction to the project and subproject ............................................................ 13

1.1.1. Introduction to the project....................................................................................... 13

1.1.2. Introduction to the subproject ................................................................................. 13

1.2. Measures to minimize negative impacts .................................................................. 14

1.3. Impacts of the subproject ......................................................................................... 15

1.3.1. Land accquisition .................................................................................................... 16

1.3.2. Recovery structures and similar assets ................................................................... 17

1.3.3. Recovery of crop plants .......................................................................................... 19

1.3.4. Affected people by land and property acquisition .................................................. 20

1.4. The objective of the Resettlement Action Plan ....................................................... 20

2. SOCIO-ECONOMIC STATUS OF THE AFFECTED ................................................ 21

2.1. Head of household by gender and age ..................................................................... 21

2.2. Education level of all affected households .............................................................. 22

2.3. Household scale ......................................................................................................... 23

2.4. Main jobs of affected household .............................................................................. 23

2.5. Income of affected people ......................................................................................... 24

2.6. Labor assignment of the affected households by gender ....................................... 25

2.7. Vulnerable household group .................................................................................... 25

2.8. Compensation and livelihood support ..................................................................... 27

3. POLICY FRAMEWORK AND INTERESTS OF AFFECTED PEOPLE .............. 30

3.1. Policy framework ...................................................................................................... 30

3.2. General principles ..................................................................................................... 34

3.3. Compensation and the right to receive compensation ........................................... 35

3.4. Benefit Matrix............................................................................................................ 36

4. COMPENSATION AND RESETTLEMENT STRATEGY ........................................ 44

4.1. The procedures for payment of compensation and assistance .............................. 44

4.2. Income recovery strategy ......................................................................................... 45

4.3. Vulnerable affected households ............................................................................... 46

4.4. Gender strategy ......................................................................................................... 46

5. DEVELOPMENT PLAN FOR ETHNIC MINORITIES ............................................. 47

5.1. Legal framework ....................................................................................................... 47



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5.2. Social evaluation to ethnic minority households .................................................... 50

5.3. Proposal of diminishing measures ........................................................................... 51

5.4. Budget and finance .................................................................................................... 52

6. DISSEMINATION OF INFORMATION AND COMMUNITY CONSULTATION ........ 53

6.1. Dissemination of information and community consultation in resettlement

action plan ............................................................................................................................... 53

6.2. Disclosure of information ......................................................................................... 54

6.3. Complaint resolution processed ............................................................................... 55

7. IMPLEMENTATION ........................................................................................................... 56

7.1. People’s Committees (PC) ........................................................................................ 57

7.1.1. Provincial People’s Committees (PPC) .................................................................. 57

7.1.2. District People’s Committees (DPC) ...................................................................... 58

7.1.3. Ward People’s Committees .................................................................................... 58

7.2. Responsibilities of the Resettlement Committees ................................................... 58

7.2.1. Responsibilities of the Provincial Resettlement Commitees (PRC) ....................... 58

7.2.2. Responsibilities of the District Resettlement Committees (DRC).......................... 58

7.2.3. Responsibilities of the Ward Resettlement Committees (CRC) ............................. 59

8. MONITORING AND MANAGEMENT .......................................................................... 59

8.1. Internal Monitoring .................................................................................................. 59

8.2. Independent monitoring of the affected households .............................................. 60

7.3. Independent Monitoring Activities ............................................................................... 60

9. BUDGET AND ESTIMATED EXPENSES ..................................................................... 61

9.1. Resettlement budget .................................................................................................. 61

9.2. Compensation at conversion costs ........................................................................... 61

9.3. Resettlement Cost ...................................................................................................... 67

10. IMPLEMENTATION PLAN .............................................................................................. 72



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LIST OF TABLES

Table 1. Population and Labor (person) ................................................................................... 10

Table 2. Number of health facilities in the district................................................................... 10

Table 3. Number of 1-12 students ............................................................................................ 10

Table 4. Damage summary of affected household ................................................................... 15

Table 5. Recovered land area of the subprojects ...................................................................... 16

Table 6. Clearance summary of houses.................................................................................... 17

Table 7. Clearance summary of auxiliary constructions .......................................................... 18

Table 8. Clearance summary of auxiliary constructions .......................................................... 19

Table 9. Characteristic of the householders by age and gender ............................................... 21

Table 10. Education level of the affected householders .......................................................... 22

Table 11.Education level of the female householders ............................................................. 22

Table 12. Ratio and number of household members................................................................ 23

Table 13. Main occupations of the affected households .......................................................... 23

Table 14. Main occupations of female householder ................................................................ 24

Table 15. Income by households .............................................................................................. 24

Table 16. Vulnerable households ............................................................................................. 25

Table 17. Education level of householder in vulnerable household group .............................. 26

Table 18. Main occupations of householder in vulnerable household group .......................... 26

Table 19. Selection rate of compensation methods .................................................................. 27

Table 20. Selection rate of compensation methods .................................................................. 27

Table 21. Selection rate of income recovery ............................................................................ 28

Table 22. Spending plan of compensation money ................................................................... 28

Table 23. Income restoration plan of affected households ...................................................... 29

Table 24. The difference on resettlement policy between Vietnam and World Bank ............. 32

Table 25. Interests matrix of the project ................................................................................ 36

Table 26 Legal document regarding ethnic minority ............................................................... 47

Table 27. Charecteristics of ethnic minority household at Phu Huu commune ....................... 50

Table 28. Budget for ethnic minority development plan making ........................................... 52

Table 29. Rates of compensation for residential land ............................................................. 63

Table 30. Rates of compensation for annual crops land ......................................................... 63

Table 31. Rates of compensation for perennial land ............................................................... 64

Table 32. Rates of compensation for buildings, structures ..................................................... 64

Table 33. Rates of compensation for plants, crops, perennials ............................................... 65

Table 34. Summary of cost of compensation and support for the sub-projects from World

Bank ......................................................................................................................................... 69

Table 35. Summary of cost of compensation and support for the sub-projects from Province

.................................................................................................................................................. 69



8

PROJECT SUMMARY

1. Introduction

Resettlement Action Plan is prepared for the subproject “The system of preventing

salt-water for production in the left bank of Saintard River, Soc Trang

province”. This sub-project belongs to the component of the project "Managing

Irrigation for rural development of Mekong River Delta" with the sponsorship of the

World Bank. This Resettlement Action Plan includes the results from an investigation

of the replacement cost, from socio-economic survey, the criteria, the right to receive

compensation for land-related assets affected by subprojects, the description of

implemented income restoration programs, implementation plans, estimated cost,

monitoring and evaluation, participation and consultation of community, the

complaint mechanism, etc.

2. The impact and scope of land acquisition

Scope of Project: Long Phu District (the villages of Dai Ngai, Hau Thanh Huu Phu,

Truong Khanh, Khanh Chau) and part of Ward 5 and Ward 8, the city of Soc Trang.

A total of 340 affected households with 1,428 people in which there are 37 vulnerable

households, including 4 households from ethnic minority. The permanently withdrawn

land area is 352,644 m2. Some projects will be dismantled, in which the affected

housing area is 12.358 m2. The number of cleared trees is 33.948 trees, including

32,313 fruit trees and 1,635 timber trees.

3. Measures to minimize the impact of land acquisition and compensation

The project of mitigating the loss of BAH people, helping them improve livelihood

through the implementation of compensation, support, and / or recovery. The overall

objective of the RPA is to ensure that all BAH people will be compensated according

to the replacing cost of their losses, and can receive recovery support to at least

recover their livelihood as the time when there was no project.

4. General Introduction of natural and socioeconomic condition in Long Phu

District, Soc Trang province

The natural condition

Administrative boundary: Long Phu is a coastal district of Soc Trang province. It is

located in the east of Soc Trang province; adjacent to Ke Sach District in the north;

adjacent to My Thanh River in the south, separated from Vinh Chau district; adjacent

to the districts of Chau Thanh, and My Xuyen and Soc Trang city in the west;

adjacent to Hau river in the east. In terms of administration, district includes Long Phu

town, and 14 communes of Dai Ngai, Lich Hoi Thuong, Truong Khanh, Phu Huu,



9

Hau Thanh, Song Phung, Long Duc, Khanh Chau, Tan Thanh, Tan Hung, Long Phu,

Lieu Tu, Dai An 2, Trung Binh.

Long Phu is adjacent to both the river and the sea. Low topography, alluvial soil, a

part of coastal area is saline. With more than 10 km the coastline length, there are

many wide sandy beaches with mangrove and water coconut.

Climate: Long Phu district as well as Soc Trang province have the ocean climate of

two seasons: rainy season from mid May to November and dry season from December

to May of the following year. Average annual temperature ranges from 26 º C - 28 º C.

Current Use of Land

Natural Area: 26,372.12 hectares, of which there are 20,215.37 hectares of

agricultural land, 1318.1 hectares of Shrimp-farming land, and 101.12 hectares of

urban land.

Infrastructure

Infrastructure Road Traffic: Highway 60 with 20 km via the district to Hau River. In

addition, there are also provincial roads No. 2 and No. 8 which are the main traffic

routes in the district.

Waterway: Long Phu is adjacent to both the river and the sea. The coast is more than

10 km long which is convenient for water transportation by boat.

Electricity: All the 15 villages and towns have the national power and the ratio of

household using electricity in the district in 2009 was over 80%. In particular, Long

Phu Power Centre is a major work invested by the Government, including three

thermal power plants with total capacity of MW 4,400. In addition to three thermal

power plants, in the project area, there are the power distribution stations of 200kV,

500kV and other supporting technical and infrastructural works.

Clean Water: Proportion of households using clean water in the district is 88%. The

rest use well water, rain water, water in the canal.

Telecommunications Network: The district has eight cultural post offices at village

level.

Health: The district has 01 General hospital Long Phu with 150 beds, 100% of

communes and towns have clinics and doctors.

Education: School system includes 64 schools in which there are 43 elementary

schools, 18 secondary schools and three high schools. The district has a continuing

education center.

Population, health, education



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In 2009, the district has 187,671 people, in which there are 92,956 males and 94,715

females, including ethnic groups: Kinh, Khmer, Hoa, Cham and other ethnic groups

living together.

Table 1. Population and Labor (person)

Data Unit 2008 2009

Total population Person 186,012 187,671

Male Person 92,134 92,956

Female Person 93,878 94,715

Health Care: General Hospital in Long Phu district is directly under the provincial

Health Office of Soc Trang. The hospital are ranked III with 150-beds, 164 officers

and employees, including 8 doctors specialized I, 19 doctors and university staffs.

Hospital can examinae and treat common diseases, tests, diagnose through image and

implement services, technigue in accordance with technical decentralization of the

Ministry of Health. Each year, there are on average 160,000 outpatients and 14,000

inpatients.

Table 2. Number of health facilities in the district

Criteria Unit 2006 2007 2008 2009

Number of hospitals

- Number of hospitals

and clinics

Hospital/clinic 18 18 18 18

- Number of nurses and

doctors

Person 142 150 174 191

- Number of beds Bed 182 189 209 223

Education: In school year of 2009-2010, the district has 16,026 primary students,

8654 secondary students and 3847 high students.

Table 3. Number of 1-12 students

Criteria Unit 2006 2007 2008 2009

Number of schools

- Primary school School 43 43 43 43

- Secondary school School 14 18 18 18

- High school School 3 3 3 3

Economic and living standard

In 2009, economic growth rate in the district reached 12.97%, economic structure

shifts following the right direction, the Region I decreased to 59.53%, Region II



11

increased to 15.64%, Region III increased up to 24.83%. People's lives standard is

improved, income per capita reached USD 812, increased USD 25 compared to 2008.

Agriculture and fishery achieve high result, the quality of agricultural and aquaculture

product is raised, the output market is always stable. Total rice output reached

306,784 tons (114.3% of plan), the output of exploitation of fisheries and inland

aquaculture is 48,700 tons (110.68% of plan). Thank to acumen direction and timely

implementation of policies to support loans for production, good results are achieved.

In terms of industrial production, industrial production value in 2009 reached VND

478 billion. Commercial activities and services continued grow at high rate, the total

flow of goods and consumption service turnover reached VND 2608 billion. The

cultural activities, education, health, etc. continue to maintain and develop, programs

and projects of socio-economic development, job creation, poverty reduction was

effectively implemented, contributing to improvement in people's lives, especially

Khmer people. In 2009, the district poverty rate was 12.13% (reduced 4.94%

compared with 2008).

5. Policy Framework and Interest Matrix

A compensation policy framework has been prepared based on the policies and

regulations of the Government of Vietnam and World Bank. This document will guide

resettlement planning and resettlement implementation for all subprojects. The overall

objective of this policy was to ensure all affected people have the ability to recover

income and living standard at least equal or higher than the time prior to the project.

6. Arrange sub-project implementation

Resettlement, compensation and support, will be managed and monitored by the

Council of compensation and site clearance of the district, provincial project

management, and central management of the irrigation project. In the implementation

process, it requires close coordination of the implementing agencies such as the

provincial Council of compensation, the provincial project management board, local

authorities, social workers and other local social organizations, APs in the subproject

area.

7. Consultation and involvement of community

Project policies and compensation benefits is prepared based on the coordination of

local government, mass organizations and affected people in order to maximize the

participation of affected people in the process formulation and implementation of

compensation, the meeting was held with the participation of local authorities, mass

organizations and affected people. All affected persons have participated in public

consultations on the sub-project information, the effects of sub-project, proposal and

recommendation for planning new housing. The feedback from the community



12

consultations will form the basis for the establishment of policies on compensation

and support for people affected by the subproject.

8. Complaint mechanism

In the process of implementation, any question and complaint of the affected people

are resolved based on the procedures and policy framework for compensation and

resettlement of the project. All complaints will be fairly and quickly resolved by local

authorities, project staff and an independent agency. Complainant will not suffer any

administrative fee.

9. Monitoring and evaluation

Officer of Provincial Project Management Board (PPMU) and CPO will monitor and

supervise the implementation of resettlement action plan. Besides external monitoring

consultant will be recruited to supervise the implementation and evaluation of the

living condition of people affected by resettlement.

10. The estimated cost

The total estimated cost for implementing the resettlement action plan in the province

is VND 60.832.430. These expenses include compensation, support cost, management

and provision fees.

11. Implementation Plan

The implementation of the Resettlement Action Plan will be carried out in

collaboration with the project works. All affected people will get compensation and

site clearance will be completed in 2012.



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1. INTRODUCTION

1.1. Introduction to the project and subproject

1.1.1. Introduction to the project

The Government of Vietnam (Government for short) approved Central Project

Management Unit some oject “Irrigation management for rural development in

Mekong Delta” with the subsidy from World Bank (WB). There are about 14 prior

subprojects, of which 5 ones are prioritized to implement in the first year. The project

includes 4 components: The component A: Support for plan and construction of water

resource; The component B: Support for construction of infrastructure adapting to

climate change; The component C: Support for supply and cleaning rural

environment; and The component D: Support for implementation and management of

the project.

General objective of the project:

Protect and improve the use of water in 7 provinces in Mekong Delta by applying

comprehensive solutions. The project aims at keeping profit from rural production,

enhancing the cost of living and improve solutions to adapt to climate change.

Specific objectives:

- Maintaining and improvingcondition of rural production and aquaculture for

120.000ha;

- Enhancing the transportation by means of restoration and renovation of a number

of channels, culverts, and rural transportation.

- Reducing the bad effect of salinity in water on the rural production.

- Raising the ability of access with clean water to 80.000 households, contributing in

improving the cost of living for local people;

- Reinforcing the inspectation of water quality (epecially the control of salinity) and

saring results with related units;

- Managing the irrigation infrastructure effectively and economically.

The project is implemented in 7 provinces in Mekong Delta, including An Giang, Can

Tho, Hau Giang, Kien Giang, Ca Mau, Bac Lieu and Soc Trang.

1.1.2. Introduction to the subproject

Name of project: Project of salinity-preventing system, serving the production of

right bank of Saintard river.

Objective of right bank of Saintard river project, Soc Trang province:



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- Addressing thoroughly the impact of flooding, inundation and saltwater

invasion to production and life of people in the project area.

- Dealing with the traffic requirement from the benefit area to the national road in

the South of Hau river and provincial raod 933.

- Contributing part of clean water and environmental hygiene for the life of people

in the project area.

- Creating the foundation for rural production to step and step eliminate poverty for

people in the project area.

- Being with other factors to create fresh enviroment and stable developlent.

Scope of project: Long Phu district ( Dai Ngai commune, Hau Thanh commune , Phu

Huu commune , Truong Khanh commune, and Chau Khanh commune) and some

parts in Street 5 and Street 8 of Soc Trang city.

Work volume:

- The dike system to prevent salinity, flood along the bank of Saintard river from

Dai Ngai to Soc Trang sugar factory with the total length of 12.155 m.

- 06 sewers preventing salinity and irrigating to serve the production, of which 04

ones with the manhole of 7.5 m and 02 other ones with 3.0 m.

- Besides, there are 02 culverts with the scope of bxh=(1,6x1,6)m và 03 cống qui mô

bxh=(1,0x1,0)m at channels level 2 and 3 based to the requirement of locality.

1.2. Measures to minimize negative impacts

With the objective to minimize the negative impacts of reclaimation and site clearance

of household’s land, much attempt is taken in the period of proposal and basic design

of the subproject. The work items of the subproject requires the reclaimation of land

and property in land, so the location of dikes and sewers is studied carefully and

contruction plan is then worked out to minimize the negative effect on land areas and

property.

When executing the sewers under the dikes, it is necessary to dam up and surround

dikes.

The dig of channel for execution flow is necessary to ensure the execution of sewers

not enfluence on the production of the project areas. However, this action will interupt

the trasportation in the dikes and take areas of production in the region. Therefore, it is

crucial to take reasonable execution measures to ensure the land remaining and

production of this area. Because the area has available connection of dikes, the

execution of sewers will be made alternately.



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1.3. Impacts of the subproject

The enumeration of lost property (EOL) is carried out in all communes in the area of

the subproject in order to collect the data of affected people; type and areas of land,

affected work and property due to the land reclaimation. The enumeration will be

applied with 100% of influenced households. The base of the enumeration is the base

and temporary border of the subproject. The collection of data in the enumeration

process is the basis of defining the compensation interests and limit.

The enumeration will be carried out in January, 2012. The consultancy unit,

geographical officials of land development centre and local authorities of 10 hamlets

of Long Phu district and group 7 of Street 8 in the area of subproject and the

consultancy unit put the temporary milestones bases on the basic design for items of

the subproject, defined households that are affected by the site clearance to construct

the subproject.

From January, 2012, the group of enumeration of lost property had members of Nam

Thien consultancy of investment, design and commerce JSC and geographical

officials of the provinces and local authorities of 10 hamlets, 1 group in the subproject

area with members of each commune including 1 vice chairmen of commune, 1

communal geographical official, 1 judiciary official, 1 communal agricultural official,

heads of hamlets. The land and property on land will be reclaimed pursuant to the

border of temporary milestones and basic design of the subproject.

The construction of bridge leads to the reclaimation of land and propwrty (houses and

crops, etc) temporarily or permanently and so results in the negative effect on the life

of local people. The summary of impacts is presented in table as follows.

Table 4. Damage summary of affected household

No Type of property Unit Number

Total number of affected households Household 340

I Land

1 Land for houses m2 12.830

2 Land for seasonal plants m2 142.485

3 Land for perennial plants m2 144.022

II Architectural builsings

1 Solid houses m

2 5.130

Number of household Household 38

2 Temporary houses (metal roofing, wall) m

2 4.427




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No Type of property Unit Number

3 Thatched houses m2 2.801


III Additional works

1 Solid shed m2 1.749

2 Cement yard m2 3.404

3 Drilled wells number 60

4 Grave number 99

5 Sepulchre m2 330

IV Plants

1 Crops m2 23.620

2 Fruit trees tree 32.313

3 Timbers tree 1.635

The results of enumeration show that the total affected households are 340 ones with

1,428 people; of which 37 households belong to the vulnerable households with 4

households are ethnic people. The areas of permanently reclaimed land are 352.644

m2. Some works will be unbound, of which the areas of affected houses are 12.358

m2. The number of damaged trees are 36.166 ones, of which fruit trees occupy 34,531

one and tinbers are 1,635 one.

1.3.1. Land accquisition

Reclaimed land for items in the subproject includes: land for rural production;

farmland and land for house.

The total areas of permanently reclaimed land are 591,157 m2, of which:

- Land for houses: 15.032 m2

- Land for seasonal plants: 243.362 m2

- Land for perennial plants: 236.890 m2

Table 5. Recovered land area of the subprojects

No Location Total areas Areas of land

for houses

Areas of

land for

seasonal

plants

Areas of

land for

perennial

plants



17

No Location Total areas Areas of land

for houses

Areas of

land for

seasonal

plants

Areas of

land for

perennial

plants

1 Street 8 10.862 0 10861,95 0

2 Chau Khanh 74.561 729,7 52622,34 21208,85

3 Phu Huu 135.072 2890 64791,44 67390,78

4 Hau Thanh 27.677 937,34 1143,24 25596,1

5 Dai Ngai 51.165 8272,5 13065,8 29826,25

Total 299.336 12829,54 142484,77 144021,98

1.3.2. Recovery structures and similar assets

The land acquisition for subproject will affect on the architectural works on land of

households.

These architectural works are mainly on the land for houses: the architectural works

are majorly houses, additional works and other accompanied achitectural things.

The areas of cleared houses include: Solid house (5130m2) with 38 affected

households, this kind of houses is built by concrete roof; half solid houses (4427m2)

with 43 affected households, these are households with low quality houses built from

metal roof, metal wall; and temporary houses and thatched houses (2801 m2) with 37

affected households.

Table 6. Clearance summary of houses

Commune,

Hamlet

Total

(m2)

Solid houses Half solid houses Temporary houses

Areas

No. of

household

s Areas

No. of

household

s Areas

No. of

household

s

Street 8 0 0 0 0 0 0 0

Chau Khanh

commune 852

Hamlet 1 500 0 0 165 3 335 6

Hamlet 2 352 0 0 221 2 131 2

Phu Huu

commune 5161

Phu Thu

hamlet 2326 150 3 1735 20 441 11



18

Commune,

Hamlet

Total

(m2)

Solid houses Half solid houses Temporary houses

Phu Da hamlet 1326 935 5 391 6 0 0

Phu Huu

hamlet 1509 1100 9 0 0 409 4

Hau Thanh

commune 1605

Chua Ong

hamlet 1155 665 5 370

2 120 1

Pho hamlet 450 200 1 0 0 250 1

Dai Ngai

commune 4740

Ngai Hoa

hamlet 1015 420 4 495 5 100 1

An Duc hamlet 3630 1620 10 1050 5 960 10

Ngai Hoi

hamlet 95 40 1 0 0 55 1

Total 12358 5130 38 4427 43 2801 37

Table 7. Clearance summary of auxiliary constructions

Commune, Hamlet Yard Shed

Areas No. of households Areas No. of households

Phường 8 0 0 0 0

Chau Khanh commune

Hamlet 1 0 0 60 3

Hamlet 2 0 0 26 1

Phu Huu commune

Phu Thu hamlet 2799 8 471 10

Phu Da hamlet 190 1 0 0

Phu Huu hamlet 70 1 20 1

Hau Thanh commune

Chua Ong hamlet 275 5 360 4

Pho hamlet 0 0 0 0

Dai Ngai commune

Ngai Hoa hamlet 10 1 182 1

An Duc hamlet 60 2 610 4



19

Commune, Hamlet Yard Shed

Ngai Hoi hamlet 0 0 20 1

Total 3404 18 1749 25

The cleared and reclaimed additional works include the areas of yard with 3,582 m2

and the areas of shed are 1.846 m2.

Table 8. Clearance summary of auxiliary constructions

Commune, Hamlet Well Grave Built grave

No. No. of households No. No.

Street 8 0 0 0

Chau Khanh commune

Hamlet 1 4 4 0 3

Hamlet 2 0 0 0 1

Phu Huu commune

Phu Thu hamlet 6 6 0 4

Phu Da hamlet 0 0 2 12

Phu Huu hamlet 5 5 0 14

Hau Thanh commune

Chua Ong hamlet 6 6 0 5

Pho hamlet 2 2 5 2

Dai Ngai commune

Ngai Hoa hamlet 10 6 3 2

An Duc hamlet 25 17 14 32

Ngai Hoi hamlet 2 1 0 0

Total 60 47 24 75

Other affected additional works include 60 drilled wells, 24 graves and 75 built

graves.

1.3.3. Recovery of crop plants

The recovery of crop plants in the recovered land areas is carried out on items of dikes

and sewers, in all affected communes due to the subproject. Recovered plants include

perennial plants (fruit trees : 34,531, timbers and other ones (including cajuput,

eucalyptus and bamboo, etc.) are 1.635 ones; seasonal plants and decorative plants.

Commune, Hamlet Fruit tree Seasonal Plants Timbers Decorative

plants

Street 8 116 0 0 0



20

Commune, Hamlet Fruit tree Seasonal Plants Timbers Decorative

plants

Chau Khanh

commune 860 331 43 83

Hamlet 1 120 0 0 9

Hamlet 2 740 331 43 74

Phu Huu commune 15,414 2,546 575 159

Phu Thu hamlet 7,867 1,600 0 42

Phu Da hamlet 4,746 569 561 67

Phu Huu hamlet 2.801 377 14 50

Hau Thanh commune 8,020 9,362 593 304

Chua Ong hamlet 5,832 7,632 333 304

Pho hamlet 2,188 1,730 260 0

Dai Ngai commune 10,121 11,381 424 943

Ngai Hoa hamlet 0 1.452 137 119

An Duc hamlet 7,746 9,129 287 809

Ngai Hoi hamlet 2,375 800 0 15

Total 34,531 23,620 1,635 1,489

1.3.4. Affected people by land and property acquisition

According to the frame of resettlement policy of the project, seriously affected people

due to land and poverty acquisition and resettlement are people who (i) lose from 20%

the areas of land for production and property and/or their income is lost due to the

implementation of project.; and/or (ii) have to resettle because their remained land is

not enough to build house. The results of enumeration of lost property show that there

are 169 affected households due to this subproject.

1.4. The objective of the Resettlement Action Plan

a. General objective

Setting up an action plan on land acquisition, site clearance, income recovery and

resettlement for affected people due to lost land for the subproject, the minority ethnic

people are paid much more attention.

b. Specific objective

Setting up report on action plan of resettlement and minority ethnic people

development for project basically:



21

- Defining the number of objects (households, units and organizations, etc) is

affected due to land and property acquisition.

- Defining the areas of types of land, number of reclaimed property on land.

- Calculating the value of compensation, recovering livelihood related to the land

acquisition.

- Building and proposing solution to enhance the life stability for minority ethnic

people, recovery livelihood and household’s work, maintaining and developing

ethnic character of the community.

2. SOCIO-ECONOMIC STATUS OF THE AFFECTED

A socio-economic survey to AP was carried out at subproject area to collect socio-

economic data, including data on number of household members, labors, age, gender,

education, profesionalism, and income. Purpose of this survey is to provide basic data

on number of APs, evaluating resettlement impacts, ensuring adequate compesation

right and benefit. This data is also used to monitor resettlement. All resettlement

consulted APs cordinated with local authority staff of group 7 ward 8 and 4

communes in Long Phu district to carry out the survey basing on instruction of WB on

involuntarily resettlement.

2.1. Head of household by gender and age

All project communes have AHs due to land acquisition and clearance of asset on

acquired land for construction of subproject components. Socio-economic status of

these Ahs is as follows:

Table 9. Characteristic of the householders by age and gender

Age Male head of house Female head of household Total Rate (%)

From18-30 3 2 5 1.47

From 31-55 129 34 163 47.94

From 56-70 68 42 110 32.35

Above 71 37 25 62 18.24

Total 237 103 340 100

Rate (%) 69.71 30.29 100

Among 340 AHs, there are 237 male head of household (accounting for 69.71%); and

103 female head of household (accounting for 30.29%).

Head of AHs are in the age of 18 to 71, however, number of head of household in the

age of 31 to 55 is largest (47.94%); number of head of household in the age of 56 to

70 is 110 (32.35%) – these households will have difficulty when attending training



22

courses on agreculture exension as well as practicing and applying new knowledge to

economic restructuring and developing.

2.2. Education level of all affected households

Eduacation and illiteracy of heads of AHs in subproject area was investigated and

shown in following table

Table 10. Education level of the affected householders

Education Illiteracy Primary school

Secondary

school High school

Quantity % Quantity % Quantity % Quantity %

Total 48 14,1 166 48,8 94 27,6 32 9,4

Ward 8 1 11.1 3 33.3 2 22.2 3 33.3

Chau Khanh

commune 12 14.6 36 43.9 25 30.5 9 11.0

Phu Huu

commune 28 16.8 81 48.5 49 29.3 9 5.4

Hau Thanh

commune 1 3.8 11 42.3 8 30.8 6 23.1

Dai Ngai

commune 6 10.7 35 62.5 10 17.9 5 8.9

Above table shows that only 166 among 340 heads of AHs graduaed from primary

school, accounting for 48.8%; 94 heads of AHs graduated from secondary school,

accounting for 27.6%, only 32 (accounting for 9.4%) heads of AHs graduated from

high school, and 48 heads of household (accounting for 14.1%) are in illiteracy.

Table 11.Education level of the female householders

Education

Illiteracy Primary school Secondary school High school

Numbe

r %

Numbe

r %

Numbe

r %

Numbe

r

Total 29 28.

2 54 52.4 16 15.5 4 3.9

Ward 8 1 25.

0 2 50.0 1 25.0 0 0.0

Chau Khanh

commune 7

31.

8 11 50.0 3 13.6 1 4.5

Phu Huu

commune 15

33.

3 24 53.3 6 13.3 0 0.0

Hau Thanh

commune 1

12.

5 2 25.0 3 37.5 2 25.0



23

Dai Ngai

commune 5

20.

8 15 62.5 3 12.5 1 4.2

Above table shows the difference in education between female heads of AHs and

heads of AHs in general. Female heads of households have lower education in

comparision to general standard of AHs. There is 28.2% illiterature ones among 103

female heads of AHs.

2.3. Household scale

Table 12. Ratio and number of household members

Members in

the family

Total Ward 8 Chau Khanh

commune

Phu Huu

commune

Hau Thanh

commune

Dai Ngai

commune

Nu

mbe

r of

hou

seh

old

%

Nu

mb

er

of

hou

seh

old

%

Num

ber of

house

hold

%

Nu

mbe

r of

hou

seh

old

%

Num

ber

of

hous

ehol

d

%

Num

ber

of

hous

ehold

%

4 or less

members 152 44.7 3 33.3 31 37.8 77 46.1 12 46.2 29 51.8

5 - 7

members 162 47.6 5 55.6 45 54.9 78 46.7 12 46.2 22 39.3

Above 7

members 26 7.6 1 11.1 6 7.3 12 7.2 2 7.7 5 8.9

Total: 340 100 9 100 82 100 167 100 26 100 56 100

Average members of each AHs in subproject communes is 4.6 members/household,

households having from 1-4 members are 152 (accounting for 44.7%); from 5-7

members are 162 (accounting for 47.6%) and above 7 members are 26 (accounting for

only 7.6%).

2.4. Main jobs of affected household

Table 13. Main occupations of the affected households

Ward,

commune

Agriculture Freelancer Worker Business Non-

Agriculture

Unemployme

nt Other

Number

of

househol

%

Number

of

househol

%

Number

of

househol

% Number of

household %

Number of

househ

old

%

Number of

househ

old

%

Numbe

r of

househol

%



24

d d d d

Total 188 55.3 23 6.8 3 0.9 3 0.9 0 0.

0 9

2.

6 114 33.5

Ward 8 6 66.7 0 0.0 0 0.0 2 22.2

0 0.0

0 0.0

1 11.1

Chau

Khanh commune

45 54.9 8 9.8 1 1.2 1 1.2 0 0.

0 1

1.

2 26 31.7

Phu Huu

commune 99 59.3 9 5.4 1 0.6 0 0.0 0

0.

0 5

3.

0 53 31.7

Hau Thanh commune

7 26.9 0 0.0 0 0.0 0 0.0 0 0.0

0 0.0

19 73.1

Dai Ngai

commune 31 55.4 6 10.7 1 1.8 0 0.0 0

0.

0 3

5.

4 15 26.8

Job of AHs are mainly agriculture production, 188 (55.3%) among 340 AHs live on

agriculture. Households earn living as freelancer are 23, accounting for 6.8%. Only 3

households (accouning for 0.9%) live on business and 9 households, accounting for

2.6% are in unemployment.

Table 14. Main occupations of female householder

Commune,

ward

Agriculture Freelancer Worker Business

Non-

Agricultur

e

Unemploy

ment Other

Numb

er of

house

hold

%

Numb

er of

house

hold

%

Numb

er of

house

hold

%

Numb

er of

house

hold

%

Numb

er of

house

hold

%

Numb

er of

house

hold

%

Numb

er of

house

hold

%

Total 47 45

.6 7

6.

8 1

1.

0 2

1.

9 0

0.

0 5

4.

9 41

39

.8

Ward 8 2 50

.0 0

0.

0 0

0.

0 2

50

.0 0

0.

0 0

0.

0 0

0.

0

Chau Khanh

commune 8

36

.4 1

4.

5 0

0.

0 0

0.

0 0

0.

0 1

4.

5 12

54

.5

Phu Huu

commune 24

53

.3 3

6.

7 0

0.

0 0

0.

0 0

0.

0 3

6.

7 15

33

.3

Hau Thanh

commune 2

25

.0 0

0.

0 0

0.

0 0

0.

0 0

0.

0 0

0.

0 6

75

.0

Dai Ngai

commune 11

45

.8 3

12

.5 1

4.

2 0

0.

0 0

0.

0 1

4.

2 8

33

.3

Main job of female heads of AHs has the same rate as that of APs, next is

freelancer and business, there are 47 female heads of household accounting for 45.6%

have main job is agriculture production in comparision to general rate of 55.3%.

2.5. Income of affected people

Table 15. Income by households

Monthly income

(1.000VNĐ) <

500

500-

1.000

1.000-

3.000

3.000-

5.000

5.000-

10.000

>

10.000

Total 10 12 115 78 77 49

Rate % 2.9 3.5 33.7 22.9 22.6 14.4



25

Ward 8 0 0 1 3 3 2

Chau Khanh

commune 0 0 22 18 24 18

Phu Huu commune 6 5 64 37 33 23

Hau Thanh commune 2 5 5 4 8 2

Dai Ngai commune 2 2 23 16 9 4

Above table shows that among 340 AHs, 115 AHs (accounting for 33.7%) have the

income form 1-3 million VND/month and 78 AHs (accounting for 22.9%) have

income from 3-5 million VND/month. In short, totally there are 133 households

(accounting for 55.6%) having income from 1 to 5 million VND, 77 households

having income from 5- 10million and 49 househholds having income above 10 million

VND and 22 households wih income lower than 1 million VND per month.

2.6. Labor assignment of the affected households by gender

2.7. Vulnerable household group

Households in vulnerable group are those suffer high risk from land acquisition and

resettlement; they will be benefited form support policy to recover life and socio-

economic status, they are (i) households headed by single women and having

dependers, (ii) households headed by disable, (iii) households classified as poor

according to poor standard, (iv) household without land, and (v)households of olds

and without land, and (vi) ethnic minority communities, followings are main statistic

on AHs invulnerable group

Table 16. Vulnerable households

N

O. Distric, commune

Type of households

Ethnic minority

households

Poor

household

Single female headed

household

I Ward 8 0 0 1

Group 7 0 0 1

II Chau Khanh

commune 0 0 0

Village I 0 0 0

Village II 0 0 0

III Phu Huu

commune 4 22 5

Phu Huu village 2 4 2

Phu Da village 2 7 3

Phu Thu village 0 11 0

IV Hau Thanh

commune 0 0 1

Chua Ong village 0 0 0

Pho village 0 0 1



26

N

O. Distric, commune Type of households

V Dai Ngai

commune 0 4 0

Ngai Hoa village 0 3 0

An Duc village 0 1 0

Ngai Hoi I village 0 0 0

Total: 4 26 7

Number of households in vulnerable group is 37, which are classified as follows:

- Number of ethnic minority households are 4

- Number of poor households according to criteria of MOLISA are 26, including 3

ethnic minotity households and 23 Viet household

- Number of single female headed households are 7.

Table 17. Education level of householder in vulnerable household group

Illiterac

y

Primary

school

Secondary

school

High

school

Tota

l

Rate( %) 27.8 50.0 19.4 2.8 100

Total 10 18 7 1 36

Ward 8 0 1 0 0 1

Chau Khanh

commune 0 0 0 0 0

Phu Huu commune 9 14 7 0 30

Hau Thanh commune 0 0 0 1 1

Dai Ngai commune 1 3 0 0 4

There is 27.8% heads of household in vulnerable group in illiteracy; 50% heads of

household in this group graduated from primary school and only 1 head of household

graduated from high school.

Table 18. Main occupations of householder in vulnerable household group

Agricult

ure

Freelan

cer

Work

er

Busin

ess

Non-

agricult

ure

Oh

er

Unemploy

ment

Toa

l

Rate( %) 48.6 27.0 0.0 0.0 0.0 5.4 18.9 100

Total 18 10 0 0 0 2 7 37

Ward 8 1 0 0 0 0 0 0 1

Chau Khanh

commune 0 0 0 0 0 0 0 0



27

Agricult

ure

Freelan

cer

Work

er

Busin

ess

Non-

agricult

ure

Oh

er

Unemploy

ment

Toa

l

Phu Huu

commune 15 8 0 0 0 1 7 31

Hau Thanh

commune 1 0 0 0 0 0 0 1

Dai Ngai

commune 1 2 0 0 0 1 0 4

Main job of heads of household in vulnerable group are not much different

from general rate of APs: nearly 48.6% living on agriculture and about 27% earn

living as freelancers.

2.8. Compensation and livelihood support

Group discussions were carried out among APs and local authorities, and they had

given comments on subproject impacts, mitigation measures and income recovery

measures. Generally, APs and local authorities supported the project, project

construction is very necessary to help local people in improving agriculture

production status and stabilizing their life.

Impacts during implementation of components under subproject are inevitable. It may

lead to land acquisition and clearance asset on land of households. Mitigation

measures proposed by subproject may decrease neagative impacts on APs and local

community. And local people should be informed about project implementation, so as

AHs can be possitive in their production and business.

Table 19. Selection rate of compensation methods

Options Choosing

Households Rate %

Land for land 17 5.0

Compensation in money according to alternative price 248 72.9

No decision yet 75 22.1

Total 340 100

All APs have different expectations on compensation option. 248 households

(accounting for 72.9%) want to be compensated by money, only 17 households

(accounting for 5%) want land for land option and up to 75 households accounting for

22.1% have not chosen any option yet.

Table 20. Selection rate of compensation methods

Option Rate %

Money compensation and self resettlement without following 93.6



28

reasons:

Accquainted with previous environment 93.6

Move to project resettlement area 6.4

Total 100.0

Most of AHs (93.6%) chose money compensaion option and self resettlement

because the affected area is very small in comparision to their total land area. Rate of

AHs wanting to move to project resettlement area is very small (6.4%).

Table 21. Selection rate of income recovery

Option Rate (%) Choosing

households

Compensation on time 26.4 77

Conventional training 2.1 6

Credit loan 3.4 10

Plant and livestock support 5.5 16

Agriculure extension support 2.4 7

Money receipt and self recovery 60.3 176

For income recovery, most of households want to receive money and carry out

self recovery, accounting for 60.3%, the second option is receiving compensation on

time, righ after completing detailed inventory, AHs will receive compensation to

recover their livehood (26.4%); other option is credit loan for production development

(3.4%); number of households wanting to be supported by agriculture extension

training accounts for 2.4%; number of households wanting to be supported by plants

and livestocks spicies accounts for 5.5%; only 2.1 % of AHs chose conventional

training option.

Table 22. Spending plan of compensation money

Option Rate (%) Choosing

households

Build or repair house 33.8 118

Purchase land for production 42.7 149

Purchase domestic furnitures 0.9 3

Invest into small-scaled business 10.0 35

Send to saving fund 9.7 34



29

Use for education 2.0 7

Use for health service 0.9 3

Basing on rate of choosing income recovery option and ideas of APs in community

consultation, income recovery plan is prepared in order to ensure implementation of

this plan of subproject.

Above table shows that money using options of AHs are as detailed:

- Due to characteristics of Cuu Long River delta, most of farmer households here

live on agriculture production, so as rate of households using compensation money

to buy production land is highest, accounting for 47.2%;

- Number of households wanting to use compensation money for house repair also

accounts for a quite high rate (33.8%), their reason is that most of their existing

houses are temporary (made of leaves), so as they intend to repair their house and

purchase domestic furniture;

- Number of households wanting to send compensation money to saving fund

accounts for 9.7%;

- Number of households wanting to use compensation money for children education

or health service account for 2% and 0.9%;

Table 23. Income restoration plan of affected households

Option Rate % Choosing

households

Purchase production land 24.3 81

Create new business postion 9.0 30

Open business shop 3.9 13

Do handicraft job 0.3 1

Do existing job 34.1 114

Find new job 14.1 47

Other 14.4 48

Loss income recovery includes options: opening business shop depending on

household capacity; find new job fitting to household condition; creae new business

position which are chosen by households. The first choice (mainaining existing job)

was most chosen – 34.1%; number of households having no decision yet accounts for

14.4%; second choiceof AHs is purchasing production land.



30

3. POLICY FRAMEWORK AND INTERESTS OF AFFECTED PEOPLE

3.1. Policy framework

The Resettlement policy framework of the project of managing water resource for

rural development in Mekong dental was approved to direct in mapping out and

implementing the Resettlement Plan for all land appropriation subprojects. The

common goal of the project is to ensure that all affected people by subprojects can

remain, or improve the living standard and money at least equally or higher than the

living standard before the project from compensations and supports in recovering their

loosen poverty and real estate.

The policy framework is based on the law, regulations of Government of Vietnam and

the forced resettlement policy of WB

The Constitution of the Socialist Republic of Vietnam confirmed citizenship and

property ownership protection. In addition, the government of Vietnam has

promulgated laws, decrees, regulations, legal framework policies on land acquisition,

compensation and resettlement.

(i) Law and the main regulations of the Government of Vietnam include:

Law and the main regulations of the Government of Vietnam, include:

2003 Land Law issued November 26, 2003;

Decree No. 181/2004/ND-CP dated 29/10/2004 of the Government guiding the

implementation of the revised Land Law 2003;

Decree No. 197/2004/ND-CP dated 03/12/2004 of the Government on

compensation, support and resettlement upon land recovery by the State;

Circular No. 116/2004/TT-BTC dated 17/12/2004 of the Ministry of Finance

guiding the implementation of Decree No. 197/2004/ND-CP dated 03/12/2004

of the Government on compensation, support and resettlement when the State

recovers land;

Decree No. 188/2004/ND-CP dated 16/11/2004 of the Government on the

method of determining land prices and frame land prices;

Circular No. 114/2004/TT-BTC dated 16/11/2004 of the Ministry of Finance

guiding the implementation of Decree No. 188/2004/ND-CP of the

Government;

Decree No. 17/2006/ND-CP dated 27/01/2006 of the Government on amending

and supplementing some articles of the Decrees guiding the implementation of

the Land Law and Decree No. 187/2004/ND-CP on the transformation of state

companies into joint stock companies;



31

Decree No. 84/2007/ND-CP dated 25/5/2007 of the Government additionally

regulating on the granting of land use right certificates, land recovery,

implementation of land use rights, order and procedures compensation and

resettlement when the State recovers land and settlement of land claims;

Decree No. 123/2007/ND-CP dated 27,July 2007 Amendments decrees of

several articles of Decree No. 188/2004/ND-CP on 16 June 11, 2004 on

methods of determining land prices and the frame land prices;

Decree 69/2009/ND-CP dated 13, August, 2009 of the Government regulating

on additional planning of land use planning, land prices, land acquisition,

compensation and resettlement assistance;

With the promulgation of Decree 69/2009/ND-CP on 13, August , 2009 of the

Government of Vietnam regulating on additional planning of land use planning, land

prices, land acquisition, compensation and resettlement policies and legal framework

of the Government of Vietnam for resettlement, there are many factors in accordance

with the principles of the World Bank policy,

Besides the general policy of the Government of Vietnam, Soc Trang Province has

also introduced legislation to apply the Government's Decree and the circulars of the

land acquisition and clearance, The following decisions promulgate regulations on

compensation, support when the state revokes land in the province of Soc Trang:

Decision No.42/2011/QD-UBND dated 30, December,2011 of Soc Trang

province promulgating regulations on land prices in the province of Soc Trang,

Decision No. 49/2009/QD-UBND dated 25, December, 2011 of Soc Trang

province issuing the density and price compensation for crop plants in the

province of Soc Trang;

Decision 30/2010/QD-UBND dated 1, December, 2011 of Soc Trang People’s

Committee on promulgating regulations on compensation, support and

resettlement when the State revokes land in the province of Soc Trang;

(ii) Policies of the World Bank on involuntary resettlement (OP / BP 4.12)

The first objective in the policy of the World Bank is to study all options to

avoid or at least minimize involuntary resettlement, in unavoidable places it must has

compensation plan and support to restore the living standards of affected people

equally to their former living standard before the project or more, this policy applied

to the recovery of land and other assets when the recovery causes losing housing , loss

of all or a portion of productive assets or unable to access sources of profit, the source

of income.

The necessary measures to ensure that the resettlement gets good results include:



32

a. Consult the affected people on feasible measures for the compensation and

resettlement plans;

b. Give options for affected people on resettlement and rehabilitation;

c. The affected people can participate on the plan and select the plan;

d. Compensation with the full replacement value for the damage caused by the

project;

e. The resettlement location requires infrastructure and services at least as old

place;

f. Provide allowances, support, vocational training and income support to help

them make moving more conveniently;

g. Identify and give special assistance for vulnerable groups; and

h. Set up an institutional structure and organization to help the process of

compensation, resettlement succeed.

(iii) Compare the policies of the Government of Vietnam and World Bank

There are fundamental differences between the laws of Vietnam and forced

resettlement policies of the World Bank, particularly on the interests of the affected

people with the legal and illegal use/ possession rights,

World Bank’s policy does not mention whether the affected people have not the legal

rights to land that will be withdrawn as a factor preventing the affected people from

getting compensation for other assets and receiving the support measures to recovery.

Also, the absence of business registration of the affected people in business activities

do not hinder them from recovery and business support, also there is a slight

difference in definition of great impact / serious The main difference between

resettlement policies mandated by the World Bank and Vietnam law, including

different solutions, presented in Table 24 below

Table 24. The difference on resettlement policy between Vietnam and World Bank

Resettlement policy of Viet

Nam

Forced resettlement

policy of World Bank

Project policy

Article 11, Decree 69:

Provincial People’s

Committee will decide the

compensation price of land

under the provisions of the

Government for each type of

land use at the time of land

acquisition, if the

Land compensation

should be based on

replacement cost in

accordance to current

market value. It is

necessary to take a

survey on replacement

cost at the time of land

At the time of land acquisition,

the District Resettlement

Committee conducts a

replacement cost survey to ensure

that the unit prices of the project

for all the damaged categories are

equivalent to the replacement cost

in accordance to the current



33

Resettlement policy of Viet

Nam

Forced resettlement

policy of World Bank

Project policy

compensation price is lower

than actual transaction prices

in normal conditions, the PPC

is responsible for

predetermining the

appropriate compensation

prices based on the real

value,

acquisition, market value,

Article 18 and 20 of Decree

197:

Houses and buildings that are

not eligible to receive

compensation without

violating the land use plan or

some announced clearance

lands will not be supported

by 80% in accordance to

replacement cost,

All affected buildings

and structures, without

regarding to land

ownership status, should

receive compensation as

full replacement cost,

Houses and buildings that are not

eligible to receive compensation

will be compensated under 100%

replacement cost of new buildings

and structures, without

depreciation of materials that can

be reused,

Article 26 and paragraph 2 of

Article 28 of Decree 197:

Only households with the

business registration eligible

can receive support

All business units of

affected people have the

right to get support

All business units of affected

people are eligible to receive

support

Articles 20 and 22 of Decree

69: The affected people lose

more than 30% of productive

land (besides housing land)

will get life recovering

support and job training / job

creation,

For those whose

livelihoods based on the

land, when land is

revoked less than 20%

of the total area of

productive land and the

rests have economic

value, can get

compensation in cash

and will be supported

for recovery.

Note: The impacts are

considered negligible if

the affected people do

not have to resettle and

lose less than 10% of

their productive land.

+ The affected people lost less

than 20% of productive land will

be compensate in cash at

replacement costs.

+ The affected people lost 20% or

more than 20% of productive

land, beside the compensation for

land lost at replacement costs,

will be supported, including

livelihood support and job

training / job creation.

There is no rule about

independent monitoring,

The Resettlement

process should be

implemented

independently by an

independent and good

agency,

There will have provisions for

independent monitoring process

of resettlement and recovery

livelihoods,



34

3.2. General principles

In general, the 2003 Land Law and Decree 197/2004/ND-CP, Decree 17/2006/ND-CP

amending and supplementing a number of provisions to guide the implementation of

the Land Law 2003 and Decree 197, and Decree 69/2009/ND-CP providing additional

guidance on the land use, compensation, resettlement support meet all the principles

and objectives of the forced resettlement policy of the World Bank. To ensure fair

compensation and resettlement, satisfactory rehabilitation for the affected people; due

to land acquisition and for the damage to housing and / or property caused by

development projects, the Government of Vietnam will approve the RPF for the

project. Table 25 above summarizes the differences between the policies of the

Government of Vietnam and the World Bank, and proposes a policy of resettlement

projects. In this respect, the following principles and objectives the will be applied:

a) The revoke of land and other properties will be minimized; will not allow the

resettlement of affected persons unless the Bank has approved,

b) A full RAP will be prepared for more than 200 sub-projects of affected people

based on the given outline, when the number of affected people is less than or

equal to 200 people, can make a short RAP following the technical instructions,

c) All of the affected people are determined in areas affected by the project to date

investigating the facility, they can get sufficient rehabilitation measures to assist

them to improve or at least maintain living, earning capacity, and production as

before, lack of legal rights to damaged property will not prevent affected people

from enjoying the benefits / compensation and measures recovery,

d) The restoration measures will be provided are: (i) cash compensation for the

replacement cost, no depreciation or deduction of materials can take back to their

homes and other buildings; (ii) compensation for agricultural land equivalent to

full ownership and acceptable for the affected people; (iii) replacement of

residential and commercial land with the same area with full ownership and

acceptable for the affected people; (iv) and transfer assistance and livelihood

support,

e) The plan of land acquisition and other assets as well as the provision of

rehabilitation measures will be implemented in consultation with the affected

people to ensure the least disturbance,

f) All the compensation and restoration activities will be completed in a satisfactory

manner before giving any construction bidding packages of sub-projects,

g) The money to pay compensation and restore the lives of the affected people will be

guaranteed as follows: Compensation for productive land, residential land, and



35

commercial land will be taken from common land fund through approval of

responsible State agencies , and compensate in cash for the productive land,

housing land and commercial land (if there is no common land), buildings, trees,

crops, loss of income, and recovery support will come from the Government

counterpart funds for the project,

h) Allocate available institutional arrangements to ensure the design, planning,

consultation, and implementation of compensation programs effectively and

timely,

i) Small-scale Land Acquisition will be made on a consensus basis with voluntary

donations, the public beneficiary will manage the donated land by the principles

and procedures mentioned in this RPF, When the impact exceeds the threshold

effect voluntary donations, it is necessary to establish a separate and independent

RPA (a short-RAP) to fully comply with the RPF,

j) Land Acquisition and compensation, and relocation of affected people could not

start the World Bank has not reviewed and approved RAP. The initiation of the

construction work can begin in each section where there is no resettlement impact.

All resettlement activities will be coordinated with construction plans, the Bank

will not allow the implementation of construction activities in specific areas until

all resettlement activities completed in a satisfactory manner, the recovery

measures support has been approved, and have no obstacles in the construction

area,

k) The strategy will be applied to ensure that land acquisition and restoration

measures are considered to gender factor, and to attract the active participation of

women in planning and implementation resettlement program as well as other

programs, committees and resettlement and relocation specialists will join directly

in all aspects of the development and implementation of the strategy to ensure that

these measures are done in a satisfactory manner,

l) When the project started, the Jury of Appeal shall be established from the village /

commune to the provincial level, based on existing structures, including the related

departments, public organizations, women and representatives of ethnic minority.

3.3. Compensation and the right to receive compensation

Compensation

All of the AP identified in the affected area of the project on closing date, will have

the right to receive compensation for the affected property and the remedial measures

sufficient to help them improve or at least maintain living standards, income and

ability to produce the same as before the project. Closing date will be the last day of

the detailed measurement survey (DMS) in each sub-project / the first component.



36

Those who encroached investment area after closing date will not have the right to

receive compensation or any other support

The right

Based on the kind of impact, the AP group, and their interests, the project will prepare

specific interest suitable for AP groups comply with the Benefit Matrix below and

detailed design, after that, a detailed design, detailed inventory and social evaluation

will be the basis for determining the actual impact, and the replacement cost surveys

will be made to determine the costs and the actual replace-price unit, including

information on land and structures are affected as described in the benefits Matrix.

3.4. Benefit Matrix

Table 25. Interests matrix of the project

Type of

Losses

Entitled

Persons Entitlements

Permanent

loss of

productive

Land (paddy

land, garden

land, forest

land, and

aquacultural

land)

Owners with

Land User

Rights

Certificate

(LURC),

owners in

process of

acquiring

LURC, owners

eligible to

acquire LURC

and

public

organizations

For marginal loss (less than

10% for vulnerable households

and 20% for others) of land:

cash compensation at replacement

cost which is equivalent to the

current market value of land

within the village, of similar type,

category and productive capacity,

free from transaction costs (taxes,

administration fees),

For loss of 20 % or more (10%

for vulnerable households) of the

total productive land:

as a priority, a replacement land

nearby with equal productive

capacity acceptable to the PAP

would be provided with land title

or land use certificate without any

fees, OR cash compensation at

replacement cost in case

replacement land is unavailable;

AND entitlement to receiving

rehabilitation and allowance

package as defined below for

If the remaining land

is not economically

viable, at the request

of PAPs, the Project

will acquire the entire

the remaining land.

The size of the entire

land holding will be

the basis for providing

replacement land or

cash compensation and

relevant allowances.



37

Type of

Losses

Entitled


severely affected PAPs.

Owners without

LURC

Compensation for land at

replacement cost if no dispute

and no violation with announced

planning.

If not meet conditions for

compensation, PPC considers for

support.

DRC should work with

CPC to identify the

origin of the affected

land and the starting

point of land use.

Residential

Land

Users with

LURC, or in the

process of

acquiring

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 and 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, without

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 (taxes,

administration fees) plus

PAPs may

voluntarily donate

portion of their

residential land to the

project. However,

voluntary donation of

minor strips of

residential land will

only be allowed by the

Project when the

following criteria are

strictly complied with:

(i) the PAP’s total

residential land area is

not less than 300 m2;

(ii) the strip of land

that can be donated

cannot be more than

5% of the total land

area; and (iii) there are

no houses, structures

or fixed assets on the

affected portion of

land. (iii) the project

infrastructure is not

location or site

specific (meaning that

site for subprojects

could be changed if

land owner object). If

the location cannot be

changed OP 4.12 will



38

Type of

Losses

Entitled


allowance for leveling and register

land.

apply

User without

legal

or legalizable

rights

to use land

Compensation for affected

land through either replacement

land or cash payment will be at

replacement cost, however no

dispute and no violation with

announced planning, otherwise no

compensation for land but only

support for losses.

If PAPs have no other

residence, PPC considers to

allocate residential land and

rehabilitation and allowance

package for PAP.

DRCs in combination

with CPCs identify the

eligibility of land for

compensation

Temporary

Use of Land

Legal user or

occupant

For agricultural and residential

land to be used temporarily by the

project, (i) cash compensation 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 1 month after

completion of construction

The construction

supervision consultant

and IMO will ensure

that the (i) location

and alignment of the

temporary use area

will have the least

adverse social impacts;

(ii) that the landowner

is adequately informed

of his/her 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 Plan will

specify the procedure.

Totally Owners of Cash compensation at Adequate time



39

Type of

Losses

Entitled


Affected

Houses/Shops,

and Secondary

Structures

(kitchen, rice

bins) or

partially

affected but

no longer

viable

(will require

relocation)

affected houses

whether or not

land is owned

replacement cost for the new

Houses/Shops, structure with no

deduction for depreciation of the

structure or salvageable materials;

and rehabilitation and allowance

package for PAP as defined below

for severely affected PAPs,

including housing rent during

construction of new house.

provided for PAPs to

rebuild/repair their

structures

Affected houses

and shops that are no

longer viable are those

whose remaining

affected portion are no

longer

usable/habitable.

Partially

Affected

Houses/Shop

s and

secondary

structures but

remaining

part is viable

Owners of

affected houses

whether or not

land is owned

Cash compensation at

replacement cost for the affected

part and cost for repairing the

remaining part.

Reparation cost

should negotiated with

PAP by DRC

Loss of

business

income

during

relocation or

during

dismantling/

repair of

affected

portion

(without

relocation)

Owners of

shops

regardless of

whether or not

they register

Cash compensation equivalent

to the average of daily income rate

multiplied by the number of days

of business disruption.

The number of days of

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



40

Type of

Losses

Entitled


disruptions and avoid

or prevent closure.

Crops and

Trees

Owner of crops

and trees

whether or not

land is owned

If standing annual crops are

ripening and cannot be harvested,

cash compensation at market price

equivalent to the highest

production of crop over the last

three years multiplied by the

current market value of crops

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

DRC should inform to

PAPs at least 3 months

before land acquisition

Permanent

loss of

physical

cultural

resources/

public

structures/

village or

collective

ownerships

Villagers or

village

households

Compensation at

replacement cost based on its

present value for the affected

structures/facilities or

reconstruction, reinstallation, if

required by the owner.

Graves

located in the

affected areas

Owners of

graves

Compensation to removal of

graves will be paid directly to

PAPs, including costs of

excavation, relocation, reburial,

purchasing/obtaining land for

relocation of graves and all other

reasonable costs in accordance

with local rituals.



41

Type of

Losses

Entitled


Electricity

Poles

Electricity

Companies

Cash compensation for cost to

dismantle, transfer and rebuild

Support for

acquired

agricultural

land

Eligible

affected

households

having acquired

agricultural

land located

within rural

resident area or

urban area.

In addition to compensation for

acquired land at replacement cost,

households will be provided a

cash allowance, equal to from

20% to 50% of average residential

land cost in the project area but

not exceeding 5 times of quota of

residential land in locality.

PPC will decide specific support

levels applicable in their province.

Payment should be

provided for households

one time at the time of

compensation payment.

Eligible

affected

households

directly

cultivate on the

acquired

agricultural

land and

Beside of compensation for

acquired agricultural land,

affected households are provided

one of two below options:

- occupation change/job creation

allowance in cash, equal to from

1.5 to 5 times of compensation

value of entire acquired

agricultural land area but not

exceed quota of land allocation in

locality; OR

- a residential land plot or an

apartment or a

productive/commercial land plot,

if locality has land fund.

PPC will decide specific support

levels applicable in the province.

If labor age members of affected

households require vocational

training for them, a free training

course will be provided based on

their needs.

Payment should be

provided for households

one time at the time of

compensation payment.



42

Type of

Losses

Entitled


Support for

garden land

and pond

Households

acquired garden

land, pond in

the same

residential land

plot with houses

thereon but not

considered as

residential land

Beside of compensation at

replacement cost for affected land,

affected households will be

supported by cash, equal to from

20% to 70% of price of the

residential land plot.

PPC will decide level of the

support.

Payment should be

provided for

households one time at

the time of

compensation

payment.

Transition

subsistence

allowance

Relocating

households –

relocating on

residual land or

to other sites

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

Severely

affected PAPs

losing 20% or

more (10% or

more for

vulnerable

households) of

their productive

land/income

PAPs directly cultivating on affected

land and losing:

When From 20% to 50% of

their productive land/income are

affected, they will be provided with

cash or in-kind assistance equivalent

to 30 kg of rice at current market

value for 6 months per household

member if no relocation, 12 months

if relocation, and 24 months if

relocation to sites with harsh

socioeconomic conditions.

When more than 50% to 70% of

their productive land/income are

affected, they will be provided with

cash or in-kind assistance equivalent

to 30 kg of rice at current market

value for 9 months per household

member if no relocation is involved,

and for 18 months if relocation take

place, and for 24 months if relocation

to sites with harsh socioeconomic

conditions.

From more than 70% of their



43

Type of

Losses

Entitled


productive land/income will be

provided with cash or in-kind

assistance equivalent to 30 kg of rice

at current market value for 12

months per household member if no

relocation, 24 months if relocation,

and 36 months if relocation to sites.

Businesses

households

with non-

registered

business

Structure

totally affected

and must be

relocated OR

partially

affected and

must be

rebuilt.

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.

Affected businesses

will be notified 2

months in advance to

relocate and/or

rebuild new

structures, so as to be

able to continue to

operate businesses

while resettling.

Registered

business

owners

Structure

totally affected

and must be

relocated OR

partially

affected and

must be

rebuilt.

- Cash assistance for loss of

income equal to 30% of taxable

revenues of one year. Average

annual taxable revenues

determined on basis of financial

statements for the past 3 years;

And

- Cash compensation for affected

structures at replacement costs;

And

- Relocation allowance if

relocated

Transportatio

n allowance

Relocating

households – to

other sites

Support for transfer all old and

new building materials and

personal possessions by cash with

not less than

1,500,000VND/relocating

household. This support is not

applied for relocation in the same

affected plot.



44

Type of

Losses

Entitled


Housing rent Relocating

households

Support for renting house during

construction of new house, for 6

months per household. PPC

decides the rent but not less than

VND 600,000 per month in rural

and one million in urban area.

The support should be

provided at the time

of compensation.

Severe

impacts on

vulnerable

PAPs

Severely

affected

vulnerable

PAPs such as

the poor

household

(based on

MOLISA

criteria),

households

headed by

women, the

elderly,

disabled,

landless, and

poor ethnic

groups

An additional allowance of

30kg of rice per person in the non-

poor household.

An additional allowance of

30kg of rice per person for not

less than 3 years and lower than

10 years in the poorest household.

Eligible to participate in

income restoration program

The contractors will make all

reasonable efforts to recruit

severely affected and vulnerable

PAPs as laborers for construction

The poor households

will be those meeting

the poverty criteria as

set by MOLISA

identified at the time

of DMS

implementation.

Incentive

bonus

Relocating

households

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, in

addition to all entitlements

Payment to be made

directly to households

immediately upon

removal.

4. COMPENSATION AND RESETTLEMENT STRATEGY

4.1. The procedures for payment of compensation and assistance

Compensation Board is responsible for payment of compensation and support for

influenced people, this will be done with the support of authorities of village and

commune, and procedures are done in the following order:



45

- Comply with plan for resettlement, which has been approved by the provincial

People's Committee, the project management board for transferring money to the

district treasury. Compensation Board will withdraw cash and pay the influenced

- Compensation Board and the authorities informed of the time, date, location as

well as the records which are the basis for payment of compensation and support,

the payment will be made in each commune, and notice to households is at least

one week before paying compensation; notice is pasted at the offices of the

People’s Committee of commune or village

- At the time of compensation payment, household will sign the minutes of the total

amount of compensation received together with the receipt of money.

- In cases the influenced have no or are limited of civil actions, there should be legal

aid or assistance of representatives of influenced people (family, social and

political organizations, etc.) and/or judicial authorities in receiving the

compensation amount and the most effective management and operation

instructions. For the influenced people who have no civil liability or belong to

vulnerable group, the committee compensates in coordination with other social

organizations such as Youth Union, Women's Association, and Farmers

Association.

4.2. Income recovery strategy

For those influenced people who lost up to 20% or more of land area, income or other

producing assets will receive the following support:

- For households who lost between 20% and 50% of productive land or income,

support will be cash or the equivalent of 30kg of rice according to price of market

for 6 months for each household member if they do not have to move, while in the

case of moving, level of support will be 12 months.

- Help vocational training for the influenced who lost 20% or more of productive

land area, more support for vocational training equivalent to 1.5 times the value of

the land area influenced.

- The influenced in vulnerable group (have to move, losing over 20% of arable land

or income) will: (i) Be supported additional 30kg rice/person/month for those

households not in poverty), (ii) Be supported additional 30kg rice/person for 3

years for poor households, (iii) have the right to engage in income recovery

program, the contractor will facilitate the recruitment for those influenced

households or vulnerable households in construction and maintaining roads.

- Households of ethnic minority groups influenced by land revocation and relocation

of sub-projects will be involved in ethnic minority development program. This

program is designed specifically (with Ethnic Development plan enclosed) to



46

ensure households of ethnic minorities to develop the capacity to recover

livelihoods, mitigate the risk of loss of land and property on land which may cause

loss or disturbances mix in life, income and other socio-cultural activities when

lost land and property, Ethnic Minority Development plan has been prepared for

four Khmer households influenced.

4.3. Vulnerable affected households

The revocation of land and property on land of sub-project "Project of system of

preventing brine, serving production on Saintard left-shore, Soc Trang province"

has the total number of households of vulnerable group of 37 households, in which 4

households are ethnic minority households and 26 households in poverty, of which 4

households are King ethnic in poverty and there are only 7 households with single

women as head of household. According to the policy framework for compensation if

households of vulnerable group are heavily influenced, they will be taking part in

income recovery program implemented by the Project.

4.4. Gender strategy

Some gender strategies will be approved to ensure that resettlement affects gender and

recovery solutions to attract the participation of women in planning and implementing

resettlement programs as well as other projects, construction supervision consultant,

social experts, CPMU/PPMU will direct development and implementation of gender

policies, to ensure policies are implemented accordingly.

Strategy for influenced people will implement gender-sensitive issues

- Consultations with women to determine the criteria for land replacement or

renovation of existing land, especially planning for the remaining income as well

as recovering income and facilitating access to education, health, markets and

other economic activities,

- Consultations with influenced people on appropriate arrangement to ensure that

women (including women headed or household members) are aware of the right of

choice and their responsibilities; and women's opinions are considered in decision-

making process,

- The payment of compensation will be signed by both husband and wife or

household headers are women,

- Project construction contract include commitments on gender equality (i) Ensure to

not use children or do illegal labor ii) Do not discriminate and against women

labor; and iii) Do not discriminate in payment of wage,

- Information system of the project will ensure that discrimination would not

happen,



47

Headed women influenced as well as members of the project management board are

encouraged and supported to participate fully in the implementation of resettlement

plan, these activities together with resettlement framework creating conditions to

encourage participation include:

- The provincial and communal resettlement committee, this committee will resolve

complaints with the participation of women's representation, headed women and

representatives of influenced households

- Representatives of women in the resettlement committee of the province and

commune will be supporting to exchange experience from other projects

- Influenced women and other committees will propose on the effects related to

environment and society.

5. DEVELOPMENT PLAN FOR ETHNIC MINORITIES

5.1. Legal framework

National legal and policy framework to Ethnic Minority People

Socio-economic policy application to different regions, ethnic groups with estimation of

ethnic minorities’ demand is a must. There is special care of ethnic minorities in Plan for

Socio-economic Development and Strategy of Socio-economic Development in Vietnam.

Such Programs as Program 135 (infrastructure in the poorest and farthest area), program 134

(eliminate temporary houses) are major Programs for ethnic minorities. In addition, policies

on education and healthcare for ethnic minority people are promulgated. Legal framework for

ethnic minority people updated in 2007 contains documents concerning region plan, Program

135 phase II and policy on land management and compensation. Such legal reference

documents are listed in table 26.

Table 26 Legal document regarding ethnic minority

2010

Decree 82/2010/NĐ-CP, dated 20/7/2010 stipulating teaching and learning spoken

and written language of ethnic minority in general education organizations and

continuing education centers.

2009 Decree 69/2009/NĐ-CP, dated 13/8/ 2009 detailing plan for land usage, land price,

land reclaim, compensation, support and resettlement.

2008 Resolution No. 30a/2008/NQ-CP, dated 27/12/2008 on supporting Program for

rapid and sustainable poverty resolutions to 61 poor districts.

2008

Decision No. 74/2008/QĐ-TTg, dated 9/6/2008 on some supporting policies to

resolve building land, production land and employment resolution for poor and

difficult-life ethnic minority people in Mekong delta area.



48

2007

Decision No. 112/2007/QĐ-TTg dated 20/7/2007 on policy supporting services,

improving and enhancing people life, legal assisting for heightening legal

awareness under Program 135 phase II.

2007 Decision No. 33/2007/QĐ-TTg dated 05/3/2007 on supporting immigration policy

for settlement implementation for ethnic minority people in the year 2007-2010.

2007

Decision No. 01/2007/QĐ-UBDT dated 31/5/2007 by Ethnic Committee on

acknowledgement of mountainous, farther commune, district caused by

administrative territory adjustment.

2007

Decision No. 05/2007/QĐ-UBDT dated 6/9/ by Ethnic Committee on

acknowledgement of 3 ethnic minority and mountainous area by development

level.

2007

Circular No. 06/2007/TT-UBDT dated 20/9/2007 by Ethnic Committee guiding

implementation supporting level services, people’s life improvement and

enhancement, legal assisting for heightening legal awareness under Decision

No.112/2007/QĐ-TTg

2007 Decision No. 06/2007/QĐ-UBDT dated 12/10/2007 by Ethnic Committee on

promulgation Communication Strategy under Program 135 phase II.

2007

Decree No. 84/2007/NĐ-CP dated 25/05/2007 detailing issuance of Land Use

Right Certificate, Land reclamation, implementation of land using right, order and

procedure compensation, support, resettlement when reclaimed by the

Government and resolve land complaint.

2001 Decree No. 70/2001/NĐ-CP: dossier for family asset registration and Land Using

right with name of both wife and husband.

1998 Decree No. 59/1998/NĐ-CP dated 13/8/1998 stipulating functions, missions,

rights and organization structure of Ethnic Committee.

Policy and program for ethnic minority

The government has promulgated and enforced dozens of policies and Programs to

support ethnic minority aiming at improving their living condition. For Mekong delta

region, ethnic minorities benefit from following policies and Programs:



49

- Policy supporting resolution building land, production land and employment

settlement to poor and difficult-life ethnic minority people in Mekong delta

region under Decision No. 74/2008/QĐ-TTg, dated 9/6/2008.

- Program 134 supporting building, production land and fresh water for poor ethnic

minority people in Mekong delta region.

- Program 135 phase II on socio-economic development for poor communes in

ethnic minority community in the furthest regions.

- National target Program on fresh water supply and environmental sanitation.

- National target Program on population and birth-control.

- National target Program on dangerous diseases and HIV/AIDS prevention.

- National target Program on education and training.

World Bank’s Operation Policy on Ethnic Minority (OP 4.10)

World Bank’s Operation Policy on Ethnic Minority-OP 4.10 (Ethnic Minority)

requires special plan measures aiming at ethnic minority people benefit ensuring in

which their different social cultural characteristics from those of major community

might bring them disadvantages during development process.

Such policy probably defines Ethnic Minority people as specific geographical

area and with following features at different levels:

(a) Defined by themselves or others as members of inhabitants group with

uncommon culture;

(b) Always identify themselves with specific geographical area or their

ancestors’ land and natural resources within territory of project area;

(c) Their institution of politic, economic, social and cultural traditions are

different from social culture characteristics of major group and;

(d) Their native language is usually different from national or regional

common ones.

It is prerequisite require to ratify an investment project, OP 4.10 requires borrower

a free, beforehand and informative correspondence to affected ethnic minority

people and establishment of mass community support toward project as well as its

goal. Admittedly, Op 4.10 targets social groups and communities rather than

individuals. Major goals of OP 4.10 include:

To ensure such ethnic group adjusting to opportunities to involve in designing

project activities affecting them;

To ensure opportunities for such ethnic groups with estimation of relevant

benefits in term of culture; and



50

To ensure any impact by project negatively affecting them is avoided;

otherwise, diminished and cut down.

5.2. Social evaluation to ethnic minority households

Features of affected ethnic minorities

In the affected area of 4 communes in Long Phu district and precinct No. 8, Soc Trang

city there are only 4 ethnic minority households, they are Khmer and in Phu Thu

commune.

Three of 4 ethnic minority households with female householder, they all have no land or

with small area so their family members have to be employed with low and unstable

income of averagely less than 400,000 VND/person/month). The rest (Lien Van Muong)

with male householder lives on pig husbandry and their income of 2,500,000

VND/person/month, higher than said households do.

There are elderly and weak householder but still has to be in others’ employ. Especially,

Lien Huong household with elderly single female householder, illiterate and suffering low

income of 2,500,000 VND/person/month under miserableness criteria of the commune

and is needy family.

Table 27. Charecteristics of ethnic minority household at Phu Huu commune

Source: Family correspondence result and deep interview to likely affected

Impact of sub-projects to Ethnic minority household

Summary of damages

Name of

householder Gender Age Education

Marital

status

No. of

family

member

Career

Income

per head/

month

Production

land status Household

classification

Affected

status

Lien Huong Female 58 0 Single 2 Hired 210,000 đ

Nil

Poor

Housing

loss

(50 m2)

Lien Van

Muong Male 52 2 Married 3 Breeding

2,500,000

đ

A plot for

breeding in

garden Average

Housing

loss

(80 m2.)

Ly Viet

Tuyet Female 33 5 Married 4 Farmer 375,000 đ

Nil

Poor

Housing

loss

(50 m2.)

Pham Thi

Nguyet Female 60 5 Married 5 Hired 600,000 đ

Nil

Poor Housing

loss

(108 m2)



51

All 4 Khmer households have no cultivation land and poor cultivation skill, their

family in needy and they are forced to gradually sell granted land for debt settlement.

Although they do not have solid and spacious housing as well-off households, they

will suffer loss of their housing on the project implementation. There are households

with 5 members without no production land and have to be employed with unstable

income. They used to borrow loan for chicken and pig husbandry but suffered loss

(Pham Thi Nguyet Household). There is household moving to work in Ho Chi Minh

city during 10 years in order to buy a piece of land and build a house of 80 square

meters (Lien Van Muong household). All of them will lose total housing on the

project implementation, and should be particularly cared both physically and mentally.

At present, there is no affected factor on grave of ethnic minority in sub-project

region. During process of later detailed measuring and social survey, if there is, BAH

will consult householder to move them in accordance with their habits and customs.

The same solution is applied in case of graveyard. This will be done during process of

detailed measuring survey to find out satisfied solutions for rapidly moving those

works to meet demand of households before execution of works.

Through household and community correspondence process, 4 Khmer households in

affected area wish to receive compensation amount to voluntarily move house and

relevant works. They expect for satisfactory, timely compensation package and loan

supporting for small breeding and trade.

5.3. Proposal of diminishing measures

WB policy on compulsory resettlement is to minimize it. At place where compulsory

resettlement is unavoidable, it should guarantee support to affected people, especially

ethnic minority people so that at least, they can remain their former living standard.

Technical design by design consultant company when design bridge construction, river-

bed dredging, dyke construction needs discussion with technical team, local authority

and resettlement expert to minimize appropriating land area and damage to housing,

asset and farm produce.

During design, construction of project proposal, it should define diminishing measures

impact from appropriating land and resettlement. Construction components with land

appropriating including bridge, surrounding dyke, channel dredging are thoroughly

studied and execution activities should be monitored to avoid any land appropriating

and affect to asset on land.

With target of minimizing impaact caused by land reclaim and asset on land clearance,

much efforts is made in the phase of proposal and basic design of project. Work items

of sub-project need land and asset on land reclaim, therefore dyke and position of



52

dyke direction and drain should be thoroughly studied and propose construction

method to deminish affected land area and asset on land.

When execute underground drains of dyke, it needs dam up and surrounding dyke for

execution work.

Stream leading channel drugging for execution to ensure drain execution will not

affect production of project area.However, it will interrupt road transportation on the

dyke and cause some loss of cultivation area in the region. Therefore, to ensure no

land loss and no affect on regional production, it should propose appropreate measures

during exection. Regional interlinked channel system will help to take advantage of

channel dyke and current drains to lead stream during execution process by alternative

drain execution arrangement.

5.4. Budget and finance

Basic expense of EMDP is estimated at 176.880.000 VND. This amount inclues

detailed measures, coordinating and spare fee. Budget for EMDP should be granted or

funded by WB. Rotated fund should be transferred to commune women union for

operation and management. Supporting activities are for ethnic minority households.

Monitoring and evaluation expense of EMDP included in RAP expense.

Table 28. Budget for ethnic minority development plan making

Program and Activities Unit Quantity Unit Price

Total

Amount

VND VND

2. Assistance for means of support

recovery

Support for career changes & jobs

creation (people in working age) model 1 30,000 30,000,000

Support for school fees (for 1 year) people 3 3,600 10,800,000

Rice cultivation model Model 1 30,000,000 30,000,000

Pig breeding and poultry for ethnic

minority households Household 1 20,000,000 20,000,000

Small credit Household 2 10,000,000 20,000,000

3. Cultural events



53

Lend fee to held cultural events Commune 1 50,000,000 50,000,000

Sub-total Amount 168,800,000

Spare amount % 10 16,800,000

Total Amount 176,880,000

6. DISSEMINATION OF INFORMATION AND COMMUNITY CONSULTATION

Information dissemination and community consultation are deployed in preparation

time and implementation of sub-projects ensure that the influenced people and other

related parties stay informed on land recovery, compensation and resettlement, as well

as the opportunity to participate and express opinions related to the resettlement

program, District Resettlement Committee (DRC) with the support of the authorities

of communes, wards and villages organize meetings and consultations, classifying

information and deploy next steps to help those influenced people understand the

program,

Households influenced by projects within the territory of Ward 8, Soc Trang City and

4 communes (Long Phu district), which are Khanh Chau, Phu Huu Hau Thanh Dai

Ngai.

6.1. Dissemination of information and community consultation in resettlement

action plan

Purpose of the meeting is done in process of preparing the Action Plan for

resettlement to provide relocation information and consultation with influenced people

and other related parties on issues of: (i) project information, (ii) vision and objectives

of sub-project based on preliminary design, (iii) policies, principles, rights and

procedures for land revocation, compensation and resettlement, (iv) implementation

plan and, (v) the initial estimate of land revocation requirements and complaints.

In preparing Action Plan for resettlement, the resettlement consultant in cooperation

with the authorities of communes located in the sub-project held meetings with the

influenced households, the Consultation meetings are arranged as follows:

- Time and place of consultation: the consultation meeting with the influenced

people is done 2 times at offices of all villages influenced, the first consultation is

conducted on December 14 in 2011, and the second consultation is conducted in

01/2011. All communes organizing consultation meetings are to ensure that those

influenced people are aware and understand all information on sub-projects, on

compensation policies, support and resettlement will be applied when sub-projects

are implemented in commune area,



54

- Participants of consultation meetings including all influenced households,

representatives of social organizations (Farmers, Women, the Fatherland Front)

and commune authorities in the project region.

Information dissemination in the consultative meetings includes:

- Introduction of sub-project "Project of system of preventing brine, serving

production on Saintard left-shore, Soc Trang province"; (ii) preliminary design

and land revocation requirement of sub-project, (iii) land tenure requirements and

clearance in the course of construction, damage estimation method and (iv) policy

of Vietnam government on resettlement and compensation as well as compulsory

resettlement policy of World Bank.

- Review results of the revoked land and property damage caused by land

revocation, mitigation measures, (ii) compensation price and benefits, (iii)

implementation process of compensation and resettlement activities payment.

At the meeting, after listening to relocation consultants, the participants will be

divided into groups and discuss about influenced forms which have been classified,

participants of vulnerable households are given more opportunities to express their

opinions, Main opinions and issues in the proposed conference include:

- Proposed construction process must be in compliance with the harvest time of the

local, the construction is best implemented after the harvest ends, so it will

decrease influence on their production and daily life. This option is discussed with

the technical staff so that construction plan will be made consistent with the local

harvest time.

- The renovation and upgrade path for more effective communication is also

proposed, upgrading paths into the main roads to improve traffic movement of

local people. That means expected items such as bridge, people's daily paths,

culverts, etc. all belong to the sub-project plan,

- Construction unit should provide appropriate solutions for environmental

protection during construction such as the construction water, covering upon

construction materials, etc. These issues need to be addressed in the resettlement

policy framework for the construction unit to comply with regulations.

Providing reasonable compensation policy for crop damage, property of influenced

households is essential to let influenced people know resettlement plan and

compensation be made publicly, clear, at the same time, local resettlement committee

must commit to comply with set policies.

6.2. Disclosure of information

WB's policy on community consultation and information dissemination (OP 17.50)

prescribes requirements to allow public access to information and documentation of



55

the project, this policy requires that during planning and preparation process,

beneficiary and other groups influenced by the project and non-governmental

organizations in localities must be consulted, social and environmental aspects of the

project must be done. To be consistent with the World Bank's policy on forced

resettlement, the project management board of the province has supported the

resettlement of the district committee to publish information about the action plan for

resettlement approved by People’s Committee of communes, Ministry of Agriculture

and Rural Development and World Bank, reports of resettlement plan and the

summary report will be translated into Vietnamese, helping to better understand and

facilitate application of compensation policies and resettlement. List of households

influenced by the loss of land and property on land and the compensation must be

made clear.

Advisory team of social security holds community consultation to publish information

about the project to influenced people at villages in the project area, Those influenced

are thoroughly informed about resettlement action, including: (i) the content during

community consultation on the prospect of sub-project, implementation plan,

clearance and construction plans, (ii) measuring and inventorying information, (iii)

official and valid list of influenced people and their interests, (iv) the volume and rate

of compensation, (v) payment of compensation and other supports and (vi) other

matters such as complaint mechanism, etc. The announcement is stuck in the People's

Committee of influenced communes or pasted in easily-observed places,

correspondence, newspaper notices and leaflets must be distributed regularly to

influenced people,

6.3. Complaint resolution processed

Complaints regarding any aspects of the project will be settled through negotiations to

achieve agreement, Complain must go through 3 stages before handing over law court

as the last choice, and CPO will bear all administrative and legal costs incurred in

settlement of complaints and complaints.

The first phase: CPC, an unhappy influenced household will raise their complaint to

any member of CPC, through village head or directly to CPC, in writing or verbal.

Members of CPC or village/hamlet head above shall notify CPC of the complaints,

CPC will work individually with influenced households who have complaint and they

will have 30-45 days to settle after receiving complaint (Note: in the remote or

mountainous areas, complaints can be settled within 45-60 days, the Secretariat of

CPC is responsible for recording and archiving all complaints they are handling,

When the People's Committee issued Decision, households may appeal within 30

days, if the second decision is issued, but households are still not satisfied with that

decision, they can complain to DPC.



56

The second stage: DPC, when receiving complaints of households, the DPC will

have 30-45 days (or 45-60 days for mountainous and remote area) after receiving a

complaint to settle, CARB is responsible for recording and archiving all complaints

they are handling.

When the district People's Committee issued Decision, households may appeal within

30 days, if the second decision is issued, but households are still not satisfied with that

decision, they can complain to the PPC.

The third stage: PPC, when receiving complaints of households, the PPC will have

30-45 days (or 45-60 days for mountainous and remote area) after receiving

complaints to settle, PPC is responsible for recording and archiving all complaints

submitted,

When the provincial People's Committee decision, households may appeal within 30

days, if the second decision is issued, but households are still not satisfied with that

decision, they can appeal to the court within 45 days, when province must pay

compensation payments for a kept account,

The final stage, the court of arbitration law: If the complainant submit file to court

and the court decides to be on side with the complainant, then the provincial

government will have to increase compensation to cover up extent that the court

decides, In case the court on the side of PPC, the complainant will receive the amount

paid to the court,

To ensure that complaint mechanism described above is practical and acceptable to

PAPs, there are consultation with government and local communities taking into

account the distinct cultural characteristics as well as traditional culture mechanism

mentioned in raising complaint and settling conflicting issues, These objects and

efforts of ethnic minorities are also determined and they decide acceptable methods

culturally to find an acceptable solution.

7. IMPLEMENTATION

Central Monitoring Committee of Irrigation Projects (CPO) under the Ministry of

Agriculture and Rural Development (MARD) is responsible for the overall work of

resettlement and land acquisition of the project, CPO will guide, monitor and report

on resettlement issue in the province and requiring actions and coordination at central

government level, CPO will control and manage the entire resettlement budget of the

project.

Project Management Unit 10 (PMU 10), established in Can Tho under MARD, will be

responsible for the implementation of sub-projects. Under the PMU 10 is a Provincial

Project Management Unit (PPMU) established to manage the sub-projects.

Provincial Project Management Unit (PPMU) 10 formed by the PMU will oversee and



57

monitor the implementation of programs of resettlement and land acquisition, PPMU

will work closely with local authorities involved in the re-deployment resettlement

and land acquisition. Its functions shall include planning, coordinating in

implementation and financial control, information exchanging and contacting with

other agencies, inspections and internal monitoring.

District Resettlement Committees (DRC) will implement the resettlement and land

acquisition in areas under their responsibility under the supervision of PPMU. These

agencies will be responsible for organizing many different tasks in the re-resettlement

and land acquisition program, including determining PAP, socio-economic survey,

providing information to the PAP and managing all matters related to compensation.

Training programs for PPMU, the District Resettlement Committees, based on the

WB's policy on compulsory resettlement (OP 4.12); the application of the Land Law

2003 and Decree 197 / 2004/ND-CP, Decree 17/2006/ND-CP; adjusting some

provisions guiding the implementation of the Land Law 2003 and Decree

69/2009/ND-CP 197 and providing further guidance on land use, compensation and

resettlement assistance will strengthen the enforcement and compliance of MARD-

CPO, PMU10, and PPMU for RPF.

7.1. People’s Committees (PC)

RAP will be implemented in two levels (district / town and commune/ward /town)

under the guidance, support and supervision of the PRC, the People's Committee as

the top management at each level within their State management responsibilities in

their areas, the Provincial Resettlement Committees will be established only for

special projects.

7.1.1. Provincial People’s Committees (PPC)

- Establish the Provincial Resettlement Committee; appoint heads of the Commune

Resettlement Committees with tasks and responsibilities; appoint members and the

head of the Provincial Resettlement Committee,

- Sign contract with PRC to administer Resettlement Committees based on the

estimate approved by MARD-CPO,

- Issue policy regarding relocation, compensation, subsidy as well as resettlement

and compensation guidelines applied to projects in the province.

- Approve resettlement estimate submitted by District Resettlement Committees,

- Acquire and grant land for the project

- Grant land and land use rights certificates for relocated households,

- Assign tasks to the District/Town, Commune/Ward/Town in the province,



58

7.1.2. District People’s Committees (DPC)

DPC is the main agency performing supervision and effectiveness valuation of

detailed resettlement and compensation activities, DPC will:

- Appoint members and head of District Resettlement Committee and assign tasks to

DRC,

- Appoint head of Commune Relocation Team if necessary,

- Approve certificates for PAP land use rights and their ownership.

- Contract with PRC to operate DRC based on cost estimates approved by MARD-

CPO and MDWRM-RD project.

- Refund for operating costs of VRC and DRC.

7.1.3. Ward People’s Committees

- Assign members and captain of the village resettlement teams to work with DRC

descriptor group

- Sign PAP compensation documents

- Get operating funds allocated by DPC,

- Inform and consult PAP, hold PAP meetings,

7.2. Responsibilities of the Resettlement Committees

7.2.1. Responsibilities of the Provincial Resettlement Commitees (PRC)

In the province, the Resettlement Committees for Irrigation Projects has been

established,

- Coordinate, plan, supervise and monitor RAP activities in each correspondent

province,

- Draft compensation plan (to be applied for PAPs in provinces) and submit it to the

Coordinating Board for MARD-CPO to review and issue,

- Draft specially shortened procedures for granting relocated households’ certificates

of land use rights and ownership,

- Hold regular meetings to assess progress and adjust activities if needed,

- Plan professional training for adults who were affected by the project, in particular

the special household production programs for women.

7.2.2. Responsibilities of the District Resettlement Committees (DRC)

- Implement DMS, produce documents and complete survey of compensation (land,

property, plants, seasonal losses for all affected households,



59

- Check and sign compensation documents before submitting to the RC,

- Manage PAP database, calculate compensation rights,

- Submit relocated households’ application for land use rights certificates,

- Training for Commune/Ward/Town resettlement,

- Plan TDA activities and report periodically (once a month, two months) to PRC in

terms of progress or existing problems,

7.2.3. Responsibilities of the Ward Resettlement Committees (CRC)

- Arrange meetings with PAP to communicate policies on compensation and

compensation levels of PPC,

- Work with DRC at DMS and do documentation.

8. MONITORING AND MANAGEMENT

8.1. Internal Monitoring

Central Monitoring Unit of Irrigation Projects, the Provincial Project Monitoring

Committee and the District/Town Council of Compensation, Assistance and

Resettlement will coordinate to supervise internal activities, planning and

implementation of the Resettlement Plan, the purpose of independent monitoring is to

assess (i) compliance with agreed resettlement regulations and policy and (ii) human

resources, material and financial resources for resettlement activities; and determine

the needs (iii) adjust and settle any problems arising.

The Council of Compensation, Assistance and Resettlement will prepare quarterly

progress reports on resettlement activities of the PPMU Sub-projects; the report shall

include the following monitoring criteria:

(i) BAH people and the compensation: Number of BAH households according

to the type of effects; the status of compensation payments and

other subsidies, relocation and other assistance;

(ii) Status of the work and life income restoration: Number of severe

BAH households due to loss or relocation of productive materials;

BAH belongs to the category of vulnerable ones; the status of resettlement of

relocated households; technical support or other assistance to restore income;

(iii) Dissemination information and consultation: number and purposes

of community meetings and/or consultative meetings with BAH households;

notifications to BAH households; collection of needs, options and concerns

of BAH people in community and consultation meetings;

(iv) Questions and complaints: Collection of questions and complaints; solving

steps; settlement results, and continuously outstanding issues required the



60

help of the provincial, district/town authorities and the WB;

(v) Financial management: the total budget allocated for the compensation and

operation activities for each type;

(vi) Resettlement plan: The plans was completed as scheduled; the delays and

errors, including causes, resettlement plans have been adjusted;

(vii) The coordination between the activities of resettlement and construction: the

status of the resettlement operation was completed and construction activities

was according to schedule;

(viii) Implementation issues: the issue arising, causes and proposed solutions for

amendment; other critical issues.

In quarterly reports, PPMU will advise the Board in compensation, assistance and

resettlement, districts identify and /or resolve emerging issues, for each 6 months,

PPMU will check the quarterly progress reports of all sub-projects in the province and

submit a report to the Central Monitoring Unit of Irrigation Projects (CPO), CPO will

prepare a supervision report and submit to the WB.

8.2. Independent monitoring of the affected households

Central Management Unit of Irrigation Projects will employ an independent

monitoring unit/organization (IMO) to carry out external monitoring of the project’s

resettlement activities. The purpose of independent monitoring is to assess whether

the BAH is able to restore the living conditions, livelihoods and incomes of their pre-

project or not and if not, propose solutions to support them, IMO will conduct socio-

economic surveys with the involvement of BAH people on the basis of two times a

year and one year after completion of compensation payment; supervise resettlement

activities including inventory, detail measurement, payment of compensation,

subsidies and other activities of income restoration, community meetings and

consultations, and the complaint resettlement process.

7.3. Independent Monitoring Activities

Selected independently consulting unit will monitor and evaluate based on the

following criteria:

a) Payment of compensation: (i) Implement fully payment for the affected

households before requisitioning land; full payment of affected properties, and

(ii) Compensation for affected architectural structures with replacement cost

based on market price;

b) Complete land acquisition and resettlement activities for any given component

before granting any contract for civil works of the components,

c) Provide technical assistance for housing construction: For affected people,



61

rebuilding on the remaining land, or construct new housing in particular area

that sub-project have arranged for them, or on new land plot allocated;

d) Process of assistance provision eligible under the law of Vietnam and the

policy of the Project,

e) Facilitate access to socio-economic assistance and income recovery programs,

in accordance with policy of the Project;

f) Do public consultation and awareness of compensation policy:

(i) Affected people (ii) Supervision group should attend at least one public

consultation meeting per month to be thoroughly informed and consulted about

land acquisition, relocation and rental activities, supervise public

consultation procedures, difficulties and problems arising during meetings,

and the proposed solution, (iii ) Community awareness about compensation

policies and benefits will be evaluated among the affected people, (iv)

Assessing awareness of the different options is available to affected people

by the provisions of RP;

g) Restore production activities: Affected people should be supervised in the

recovery process of production activities to ensure that they are satisfied with

the process;

h) Satisfaction of people affected with various aspects of RP: This issue will be

evaluated, reviewed and recorded. Operation of the mechanism and timing for

complaint resolution will be monitored;

(i) Trend of living standards: During implementation, this problem will be

observed and surveyed, with special attention to any differences of gender. Any

potential problem in the process of living standard recovery will be reported.

9. BUDGET AND ESTIMATED EXPENSES

9.1. Resettlement budget

All expenses of occupying, compensating and resettling for land, property on land of

the sub-project which was affected is taken from Soc Trang Province’s corresponding

budget and WB’s loan appraisal.

9.2. Compensation at conversion costs

Compensation cost will be formed in each province belonging to the project with

conversion cost based on market price and calculated due to investigating conversion

costs and method of up-date price when there is a fluctuation in the market. This cost

will be approved by the PC of the subproject and continuously updated in order to

ensure that affected people will receive compensation at conversion costs at the time

of paying compensation.



62

Consulting Resettlement Unit investigated conversion costs in the communes ,districts

where were affected because of building constructions in the subproject. Investigating

conversion costs will be performed in January, 2012 according to the following

principles: (i) Production land is based on market price equal to price that land has

recently been sold, and if having not, based on production value; (ii) plants equal to

market price at the time of compensation and (iii) perennials and fruits will be paid

equally to current market price depending on type, age of diameter and production

value at the time of compensation;

Consulting Resettlement Unit processed to survey price through : (i) researching

levels of average revenue toward agricultural branches (having income from land) in

the local; (ii) interviewing and surveying the households of AP as well as ones of

unaffected people and (iii) observing and surveying in the place of people areas, etc.

therefore proposed level of proposed conversion cost for the subproject,

Currently, policies of price for compensation single price, support for land, plants,

crops as well as structures and houses... have followed the Decision 47/2009/QD-

UBND from PC of Soc Trang Province which is updated continuously and issued in

the beginning of each year (updated in the middle of the year) by functional bodies in

the province such as Department of Finance, Department of Natural Resources and

Environment, Department of Construction and all levels of local authorities.

According to figures collected from investigation, with regard to the plants, annual

trees, it is shown that investigated price was equal to one given out by principal PC. In

one of the public consultations, affected people were consulted about conversion price

and they totally agreed with the price given out by provincial PC.

Therefore, according to survey data, the results of consultation and unit price given by

Soc Trang province, including (i) Decision No.30/2010/QD-UBND dated December

1st 2010 on the compensation, support and resettlement upon land recovery in Soc

Trang province, (ii) Decision No.49/2009/QD-UBND dated December 25th

2009

promulgating the regulation on density and unit price for crop compensation in Soc

Trang province and (iii) Decision No.42/2011/QD-UBND dated December 30th

2011

promulgating regulations on land prices in Soc Trang province.

Through the survey results in area invested to construct, the market price of land

transactions recently for residential land is from 250-600 thousand Vietnam

dongs/m2; land price of annual crop from 70-140 thousand Vietnam dongs/m2; land

price of long-term crop from 90-105 thousand Vietnam dongs/m2. Especially, land

price is issued under Decision No.42/2011 of Soc Trang province after being

supported 1.5 times (Decision No.30/2010 of Province People Committee on

promulgating regulations on compensation, support for resettlement), land prices as

follows: residential land price from 200-400 thousand Vietnam dongs/m2 (300-600



63

thousand Vietnam dongs/m2 after support for 1.5 times); land price of annual crop

from 30-35 thousand Vietnam dongs/m2 (about 45 – 52,5 thousand Vietnam

dongs/m2 after support for 1.5 times); land price of long-term crop from 40-45

thousand Vietnam dongs/m2 (about 60 – 67,5 thousand Vietnam dongs/m2 - after

support for 1.5 times). Current land price promulgated as Decision No. 42/2011 and

support price as Decision No.30/2010 of the Province People Committee being

applied for compensation for investment projects in Soc Trang province is consistent

with market price and accepted by people. On the other hand, to comply with local

regulations, and to identify investment projects in site clearance and compensation; we

recommend to apply unit price promulgated as Decision No. 42/2011 and support

price as Decision No.30/2010 of the Province People Committee for compensation

price of Santard River’s Left Shore Sub-Project (replacement price). For

compensation price for houses, structures, crops, and so on according to actual survey;

market price is higher than price promulgated as Decision No. 569/QDHC-CTUBND

of the Province People Committee. However, WB has the support of moving house,

graves, house rent, scattered resettlement, life stabilization, production and career

translation and so on as releasing, compensating, implementing policy; specially,

support cost for career translation and job creation is calculated for 1.5 times of lost

agricultural land value. Therefore, after receiving such support prices, actual

requirements for projects in the area shall be guaranteed. Hence, to ensure consistency

of projects in the province being invested; we recommend to apply the unit price

promulgated as Decision No. 569/QDHC-CTUBND of the Province People

Committee for compensation price for houses, structures, crops (replacement price).

Table 29. Rates of compensation for residential land

Unit: 1.000 VND/m2

No. Location Following the

Decision 42/2011

Recent

transaction price

Proposed

compensation price

1 District 8 400 500-600 250

2 Chau Khanh 200 300-400 250

3 Phu Huu 200 250-300 250

4 Hau Thanh 200 250-300 250

5 Dai Ngai 200 250-300 250

Table 30. Rates of compensation for annual crops land

Unit: 1.000 VND/m2



64


Decision 42/2011

Recent transaction

price

Proposed

compensation

price

1 District 8 105-140 70

2 Chau Khanh 35 105-140 70

3 Phu Huu 35 70-105 70

4 Hau Thanh 30 70-105 70

5 Dai Ngai 35 70-105 70

Table 31. Rates of compensation for perennial land

Unit: 1.000 VND/m2


Decision 42/2011

Recent

transaction

price

Proposed

compensation price

1 District 8 90-105 90

2 Chau Khanh 40 90-105 90

3 Phu Huu 45 90-105 90

4 Hau Thanh 40 90-105 90

5 Dai Ngai 45 90-105 90

Table 32. Rates of compensation for buildings, structures

Unit: 1.000 VND/m2

No. Level/ Type Price following

the Decision No

49/2009/QD-

UBND

Investigation

price

Proposed

compensation

price

1 Solid house 1500 2500 1500

2 IV level house

A

4-level house with

mental sheets and wall

of plants 1100 1500 1100

B

Mental-sheet house

(covered around by

mental sheets) 700 1200 700

C

Mental-sheet, leaf house

( covered around by

mental sheets and

leaves) 600 900 600

3 Temporary house 500 600 500

4 Concrete platform 70 150 70



65

5 Fencing wall

Brick wall 50 160 50

6 Drilled well

Drilled well 2500 5000 2500

7 Graves

Built tomb 4500 Non-price 4500

Table 33. Rates of compensation for plants, crops, perennials

Unit: 1.000 VND

No. Type of tree

Size

Compensation

price

Interviewed

tree price

Proposed

compensation

price

I Shade trees and timbers

1 Samanea saman

Type A 60 80 Following

single price of

province Type B 24 40

Type C 9 15

2

Eucalyptus, melia

azedarach, acacia

(tree)


single price of


Type C 6 15

3 Caryota mitis

Type A 10

Non-price

Following

single price of

province Type B 6

Type C 2

4 Seiba pentandra


single price of


Type C 12 20

5 Sonneratia

Type A 30 Following

single price of

province Type B 10

Type C 2

6 Leucaena

leucocephala

Type A 6 Following

single price of

province Type B 4

Type C 2

7 Terminalia catappa

Type A 6 Following

single price of

province Type B 4

Type C 2

8 Sesbania

grandiflora

Type A 20 Following

single price of

province Type B 12

Type C 4

9 Bamboo (m2) Type A 50 Following

single price of Type B 30



66

No. Type of tree

Size

Compensation

price

Interviewed

tree price

Proposed

compensation

price

Type C 10 province

10 Calophyllum

inophyllum

Type A 30

Non-price

Following

single price of

province Type B 10

Type C 2

II Fruit Trees

1 Mango

Type A 800

Non-price

Following

single price of

province Type B 480

Type C 160

2 Coconut

Type A 400

Non-price

Following

single price of

province Type B 240

Type C 80

3 Longan

Type A 500

Non-price

Following

single price of

province Type B 300

Type C 100

4 Banana

Type A 40

Non-price

Following

single price of

province Type B 25

Type C 15

5 Jack-fruit

Type A 300

Non-price

Following

single price of

province Type B 180

Type C 60

6

Papaw

Type A 100

Non-price

Following

single price of

province Type B 60

Type C 20

7 Custard-apple

Type A 150

Non-price

Following

single price of

province Type B 90

Type C 30

8 Plum

Type A 200

Non-price

Following

single price of

province Type B 120

Type C 40

9 Star apple

Type A 1200

Non-price

Following

single price of

province Type B 720

Type C 240

10 Areca

Type A 120

Non-price

Following

single price of

province Type B 72

Type C 24

11 Apricot Type A 70

Non-price Following

single price of Type B 50



67

No. Type of tree

Size

Compensation

price

Interviewed

tree price

Proposed

compensation

price

Type C 20 province

12 Guava

Type A 150

Non-price

Following

single price of

province Type B 90

Type C 30

13 Tamarind

Type A 100

Non-price

Following

single price of

province Type B 60

Type C 25

14 Orange

Type A 450

Non-price

Following

single price of

province Type B 270

Type C 90

15 Otaheite apple

Type A 100

Non-price

Following

single price of

province Type B 60

Type C 20

16 Pomelo

Type A 400

Non-price

Following

single price of

province Type B 240

Type C 80

17 Lemon

Type A 200

Non-price

Following

single price of

province Type B 120

Type C 40

18 Mandarin

Type A 400

Non-price

Following

single price of

province Type B 240

Type C 80

III Crop plants (m2)

1 Nypa fruticans


single price of


Type C 1 5

2 Cassava

Type A 2

Non-price

Following

single price of

province Type B 1,2

Type C 0,4

3 Sugar- cane

Type A 2,5 30 Following

single price of

province Type B 1,5 20

Type C 0,5 5

9.3. Resettlement Cost

Table below summaries all resettlement costs of the sub-project, including: (i)

compensation cost for land which is occupied forever, (ii) compensation cost for kinds



68

of constructions that were acquired and released such as: structures, houses, plants and

trees, crops; (iii) costs of support, (iv) cost of operation and cost of provision.

The data of plants, houses and work on the land are equal to the data of the old

project. With the new project, the number of the revoked land decreases about 50%.

All of the estimated data that decrease rely on decreased coefficient of the land area.

Based on the technique design, the new project will revoke the land from the center of

dyke to two directions approximately 10 meters each while the old project revoke the

land to river direction 10 meters and interior field about 30 meters.



69

Table 34. Summary of cost of compensation and support for the sub-projects from World Bank

Unit:1.000 VND

No. Type affected Unit Quantity

Unit

price Total Cost

I Land 299.336 26.143.297

1 Residental land m2 12.830 3.207.385

2 Land for annual plants m

2 142.485 9.973.934

3 Land for perennial plants m

2 144.022 12.961.978

II Buildings 12.358 13.965.200

1 Strong houses m

2 5.130 1.500 7.695.000

2

Semi-strong houses (tole roof, brick

wall)

m2 4.427 1.100 4.869.700

3 Shelter, bunk houses m

2 2.801 500 1.400.500

III Sub-buildings 5.642 2.040.900

1 Breeding facilities m

2 1.749 200 349.800

2 Cement yards m

2 3.404 150 510.600

3 Bore wells Cái 60 5.000 300.000

4 Graves Cái 99 220.500

5 Grave-huts m2 330 2.000 660.000

IV Plants 33.948 8.020.845

1 Rice m2 106.000 410.413

2 Annual plants m2 23.620 197.335

3 Fruit-trees Tree 32.313 7.369.917

4 Timber trees Tree 1.635 43.180

V Public Works

1

Cost of works recovery (electric

poles. Electric transmitting line

system. Temporary pumping

station). Expected support budget

VI Support expense 17.255.706

1 Support for removing houses 177.000

2 Support for removing graves 404.000

3 Support for renting houses 197.050

4 Support for allocated resettlement 3.570.000

5 Support for stable life & production 1.422.900

6 Support career changes & jobs creation 11.484.756

VII Sum (I + II + III + IV + V + VI) 67.425.949

VIII Performance expenses 1.348.519

Managing expenses (2% of VII) 1.348.519

IX Sum (VII + VIII) 68.774.468

Table 35. Summary of cost of compensation and support for the sub-projects from Province



70

Unit: 1.000 VND

No. Type affected Unit Quantity

Unit

price Total Cost

I Land 13.848.433

1 Residental land m2 12.830 2.565.908

2 Land for annual plants m

2 142.485 5.035.561

3 Land for perennial plants m

2 144.022 6.246.964

II Buildings 12.358 13.965.200

1 Strong houses m

2 5.130 1.500 7.695.000

2

Semi-strong houses (tole roof, brick

wall)

m2 4.427 1.100 4.869.700

3 Shelter, bunk houses m

2 2.801 500 1.400.500

III Sub-buildings 1.545.122

1 Breeding facilities m

2 1.749 158 276.342

2 Cement yards m

2 3.404 70 238.280

3 Bore wells 60 2.500 150.000

4 Graves 99 220.500

5 Grave-huts m2 330 2.000 660.000

IV Plants 8.020.845

1 Rice m2 106.000 410.413

2 Annual plants m

2 23.620 197.335

3 Fruit-trees Tree 32.313 7.369.917

4 Timber trees Tree 1.635 43.180

V Public Works

1

Cost of works recovery (electric poles.

Electric transmitting line system.

Temporary pumping station). Expected

support budget

VI Support expense 22.260.037

1 Support for removing houses 177.000

2 Support for removing graves 404.000

3 Support for renting houses 197.050

4 Support for allocated resettlement 3.570.000

5 Support for stable life & production 988.200

6 Support career changes & jobs creation 16.923.787

VII Sum (I + II + III + IV + V + VI) 59.639.637

VIII Performance expenses 1.192.793

Managing expenses (2% of VII) 1.192.793

IX Sum (VII + VIII) 60.832.430



71

Note: The payment of compensation will be based on detailed technical design is

approved, based on the results of the counting details, consult with the affected

households, the survey replacement cost and market value to determine the level of

compensation.



72

10. IMPLEMENTATION PLAN

Implementation plan for activities of resettlement in the subproject is shown in the

table below.



73

Number Activities

The first year The second year The third year

T1 T2 T3 T4 T5 T6 T7 T8 T9 T10 T11 T12 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4

1 Making preparations

2 WB and The Government

incorporate about safe policy frames

3 Deploying

4

Uploading to WB and The

Government’s websie about the safe

policy frame, RAP and EMDP

5 Set up some staffs

6 Training RAP to the staffs and local

government

7 Making a public consult about RAP

8 Detailed examining and counting

and updating RAP

9 Outside mornitoring and detailed

examining and counting

10 Making a survey about the prices of

replacement

11 Updating the costs of compensation

12 Publicing the project of

compensation to affected people

13 Completing resettlement plan with

the updated information

14

Handing in the updated resettlement

plan to The Government and WB to

approve

15 Making the plan to revoke the land,

move and inform to affected people

16 Carrying out to pay compensation,

support and resettle

17 Clearing the ground and moving

18 Building

19 Making the plan and carrying out the

program of income restore



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20

Carrying out the methods of income

restore and identifying the state of

vulnerable people

21 Mornitoring consideration

22 Examining and internal mornitoring

23

Outdoor mornitoring about moving

compensation, income restore and

the state of affected people

24

Downloading the mornitoring

reports to the website of The

Government and WB



75

department of agriculture and rural development of...

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