resettlement action plan - world...

MINISTRY OF TRANSPORT IDA/WB PROJECT MANAGEMENT UNIT OF WATERWAYS Cr.No.3000-VN (PMU-WATERWAYS)

VIET NAM INLAND WATERWAYS

AND PORT REHABILITATION PROJECT

RESETTLEMENT ACTION PLAN FOR ADDITIONAL DREDGING OF

GANH HAO - GIA RAI SECTION

- FEBRUARY, 2005 -

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VIET NAM INLAND WATERWAYS AND PORT REHABILITATION PROJECT RESETTLE ACTION PLAN ADDITIONAL DREDGING OF GANH HAO - GIA RAI SECTION

__________________________________________________________________________ CONTENTS Page 1

CONTENTS Page

ABBREVIATIONS

EXECUTIVE SUMMARY

CHAPTER1: THE PROJECT 1-1

1.1. Purpose and scope of work 1-2 1.2. Physical conditions of works sites 1-3 1.3. Socio-economic survey of PAPs 1-3 1.4. Impacts 1-6

CHAPTER 2: LEGAL FRAME AND ENTITLEMENT POLICY 2-1

2.1. Legal frame 2-1 2.2. Entitlement policy 2-1 2.3. Safeguard po licy by Bank 2-1

CHAPTER 3: THE PROJECT IMPACTS 3-1

3.1. Structure / house loss 3-1 3.2. Land loss 3-1 3.3. Trees and crops loss 3-1 3.4. Mitigation measures 3-2 3.5. Land acquisition 3-2 Table 3.1: Allowances for PAPs Table 3.2: Entitlement Matrix

CHAPTER 4: CONSULTATION AND PARTICIPATION 4-1

4.1. Public information 4-1 4.2. Participation and consultation 4-1

CHAPTER 5: INSTITUTIONAL ARRANGEMENT 5-1

5.1. Responsibilities of executing and implementing organization 5-1 5.2. Responsibilities Resettlement Committee 5-4 5.3. Staffing of Resettlement Committees 5-5 5.4. Resettlement organization in government and project levels 5-6 5.5. External monitoring 5-7 5.6. Reporting 5-7

CHAPTER 6: COMPLANINT AND GRIEVANCE 6-1

6.1. Grievance redressal mechanism 6-1 6.2. Contents of grievances 6-1 6.3. Grievance procedures 6-3

CHAPTER 7: MONITORING 7-1

7.1. Internal monitoring 7-1 7.2. Monitoring indicators 7-1

VIET NAM INLAND WATERWAYS AND PORT REHABILITATION PROJECT RESETTLE ACTION PLAN ADDITIONAL DREDGING OF GANH HAO - GIA RAI SECTION

__________________________________________________________________________ CONTENTS Page 2

7.3. External monitoring 7-2

CHAPTER 8: IMPLEMENTATION SCHEDULE 8-1

A – Schedule of dredging 8-1 B – Schedule of RAP implementation 8-1

CHAPTER 9: COST ESTIMATE AND BUDGET 9-1

9.1. Compensation rates and allowances 9-1 9.2. Cost estimate 9-1 Appendix 1: Cost estimate of RAP implementation for Ganh Hao – Gai Rai section Table output 0.1: Estimated compensation of lost house Table output 0.2: Estimated compensation of structure Table output 0.3: Estimated allowances to PAPs Table output 0.4: Summary of compensation to PAPs

CHAPTER 10: DISCLOSURE AND DISSEMINATION 10-1

ANNEXES: LOCATION MAP AND PICTURES 1. Location map 2. Line map 3. Pictures

VIET NAM INLAND WATERWAYS AND PORT REHABILITATION PROJECT RESETTLEMENT ACTION PLAN FOR ADDITIONAL DREDG ING OF GANH HAO - GIA RAI SECTION

__________________________________________________________________________ ABBREVIATIONS Page 1

ABBREVIATIONS CPC : Commune People’s Committee CRT : Commune Resettlement Team DMS : Detailed Measurement Survey DPC : District People’s Committee DRC : District Resettlement Committee GOV : Government of Vietnam HH : Household HW : Highway VIWA/SD : Vietnam Inland Waterways Administration/Southern Department VIWA/VN : Vietnam Inland Waterways Administration LURC : Land Use Right Certificate MARD : Ministry of Agriculture and Rural Development MD : Mekong Delta MO : Monitoring Organization MOC : Ministry of Construction MOF : Ministry of Finance MORE : Ministry of Resources and Environment MOT : Ministry of Transport MPI : Ministry of Planning and Investment O.D : Operational Directives PAP : Project Affected Person or any number of affected family PAPs (PAFs) : Project Affected Families PD : Provincial department in province PIB : Public Information Booklet PMU-W : Project Management Unit of Waterways PPC : Provincial People’s Committee PRC : Provincial Resettlement Committee RAP : Resettlement Action Plan SRAs : Soil Relocat ion Areas R.O.W : Right of way R&R : Resettlement and Rehabilitation CPC : Commune People’s Committee


__________________________________________________________________________ SUMMARY Page 1

EXECUTIVE SUMMARY

1. THE PROJECT

The project works consist of:

(i) Dredging of 53.7km canal conformed to inland waterway class III - TCVN 5664-92 (reducible). This canal technical standards coincide to design standards of two main waterways of the Project

(ii) Installation of new Navaids (iii) Clearance of all possible obstacles obstructed to navigation (iv) To minimize possible impacts to households living close to water frontage.

Resettlement will be directed to places whereas necessary (such as confluence of Ganh Hao river and Bac Lieu - Ca Mau canal).

RAP 2005 will be applied to carry out:

- Removal of houses encroaching and obstructing navigation.

- Lease of land for spoil relocation areas (SRAs).

2. LEGAL FRAMEWORK AND ENTITLEMENT POLICY

- The legal frame specified in RAP 2003 will be applied duly as RAP 2005.

- RAP 2005 assures the due application of basic principles on involuntary resettlement by Bank safeguard policy. This can be cited as rehabilitation assistance aims to improve living standards and income productivity or at least PAPs may recover their living before the Project.

3. THE PROJECT IMPACTS ON LAND ACQUISITION

- Number of PAPs: 4 HHs - Land loss: 0 m2 - House loss: 474 m2

4. CONSULTATION AND PAR TICIPATION

Information on the Project and the resettlement consequences have been regularly provided by the PMU-W to all Province and District and Commune People Committees. A simplified campaign of public dissemination was given to communit ies in Mid-January 2005 as well. Through community meetings, public information booklets, overleaf, PAPs were also informed of project objectives, possible impacts on people's assets and RAP policy. People will be consulted during DMS work to negotiate, to determine their preferences for type of compensation and consulting the rates of compensation applied to set up entitlement’s amount .

5. INSTITUTIONAL ARRANGEMENT

The implementing organizations include: - Ministry of transport - Project Management Unit of Waterways (PMU-W)


__________________________________________________________________________ SUMMARY Page 2

- People Committee (Provincial Peoples’ Committee; District Peoples’ Committee; Commune Peoples’ Committee)

The Project resettlement organizations include:

- Provincial Resettlement Committee (PRC) - District Resettlement Committee (DRC) - Commune Resettlement Committee (CRC)

6. COMPLAINT AND GRIEVANCES

In order to ensure that peo ple’s grievances and complaints on any aspect about land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner to responsible agencies or authorities and that all their possible venues are available to PAPs to settle their grievances, a well defined grievance redressal mechanism will be established in the Project.

It is also important that the various materials and media must be provided so that all the PAPs are aware of the established procedures of the grievance redressal mechanism. The detailed procedures for redressal of grievances and the appeal process will be publicized among all the PAPs through commune – level public information campaign. The grievance redressal mechanism and the appeal procedures will also be explained in the Public Information Booklet which will be distributed to all PAPs.

7. MONITORING

Internal monitoring: PMU-W will be responsible for internal monitoring of all aspects of the implementation of the Resettlement Action Plan.

External monitoring: In accordance with impartial requirements, PMU- W will seek a dependent resettlement specialist (RSp) or agency for the monitoring of implementation of the Resettlement Action plan. The External Monitoring (EM) will involve itself in all aspects of RAP implementation and shall access to all organizations involved and all the project documentation.

8. IMPLEMENTATION SCHEDULE

RAP 2005 will be implemented and finished by March 2005. Dredging is scheduled to start from late Feb 2005 and finish by August 2005.

9. COST ESTIMATE AND BUDGET

Cost estimate for completion of RAP implementation for Ganh Hao - Gia Rai section: VN Dong 216,631,000 source from national budget of the government of Vietnam.

10. DISCLOSURE AND DISSEMINATION

The basic work of RAP planning and implementation requires its implementing agency to consult the involved authorities and PAPs in purpose o f appropriation of RAP policy to PAPs living conditions.

PMU – Waterways distributes RAP and related document to various authorities in Localities having the Project’s committees; Central/ministerial offices; Financial Institution.

VIET NAM INLAND WATERWAYS AND PORT REHABILITATION PROJECT RESETTLEMENT ACTION PLAN FOR ADDITIONAL DREDGING OF GANH HAO - GIA RAI SECTION

__________________________________________________________________________ CHAPTER 1 Page 1-1

CHAPTER 1: THE PROJECT

Viet Nam inland waterways and port rehabilitation project (the Project) focuses to upgrade two main waterways, to improve economic outcome of river fleets and lower transport cost of cargo and raw materials in the Mekong Delta.

In order to uplift benefit by loan application agreed with World Bank (IDA), Ministry of Transport (MOT) appoints Project Management Unit of Waterways (PMU-Waterways) as an implementing agency, administers the Project through various Plans. The Resettlement Action Plan (RAP) stipulate policies and detailed plan of resettlement, compensation rehabilitation assistance related to losses and impacts to all kinds of assets and property owned by Project affected People (PAP). Incorporated with prevailing Laws of the Government of Viet Nam (GOV) and directives of WB, RAP was prepared to serve improvement works of Bac Lieu - Ca Mau canal (Ganh Hao - Gia Rai section) in 2005 (abbreviated RAP 2005)

The works consist of:

(i) Dredging of 53.7km canal conformed to inland water way class III - TCVN 5664-92 (reducible), least available depth T= 2.5m (at level -2.7m/Mui Nai datum - approximately 95% design lowest low water (LLW), bottom width B=22m, vertical clearance V=7m (over high water at frequency of 5% highest high water HHW), horizontal clearance H=30m. This canal technical standards coincide to design standards of two main waterways of the Project;

(ii) Installation of new Navaids; (iii) Clearance of all possible obstacles obstructed to navigation; (iv) To minimize possible impacts to households whose living closes to water

frontage, resettlement will be directed to places whereas necessary (such as confluence of Ganh Hao river and Bac Lieu - Ca Mau canal).

RAP 2005 is a pattern of integration between prevailing land law regulations in country and policy of financing institution to promote Project benefits to PAPs to normalize their living upon removal in the least time.

The anticipated impacts of canal dredging are identified from detailed measurement survey (DMS) of assets and land property to be removed from dredged areas and spoil relocation areas along Project canal.

- Based on approved detailed technical design, no land acquisition is required during deepening dredging. Some four houses will be removed to enlarge sight view of shipmaster at canal confluence Ganh Hao – Bac Lieu.

- There are some 500 ha of land used as temporary spoil relocation areas (SRAs) without transferring of land - use right. Land owners are entitled to leasing rate (through an agreement) and compensation of tree and crop losses even appropriate assistance measures.

The Project summary and RAP leaflets will be distributed to PAPs to inform all concerned people to understand benefits of the Project and the entitlement to be


__________________________________________________________________________ CHAPTER 1 Page 1-2

applied to affected households so as to encourage their participation in the public consultation in the communes.

The local administrative authorities involved to RAP implementation at various commune, district and province levels include:

- Commune resettlement team (CRT)

- District resettlement Committee (DRC)

- Provincial Resettlement Committee (PRC)

The above resettlement institutions undertake directly all required RAP activities from lost asset measurement, entitlements, recommendation of appropriate rehabilitation assistance, grievances and redressal. PMU-Waterways as an implementation agency of the Project works closely with locals and PAPs to ensure RAP to be carried out properly.

The monitoring of RAP implementation will be assigned to an external independent agency for periods of dredging and post-dredging (2005). PMU-Waterways undertakes to RAP 2005 disclosure and dissemination to provincial people’s committees before of dredging.

The Resettlement Action Plan - 2005 (RAP 2005) provides all guidelines and requirements to acquire land by transferring of land - use right certificate (L URC) or land lease before and during the improvement dredging on Ganh Hao - Gia Rai section.

RAP 2005 was revised and updated from RAP 2003 applied to dredging of extension waterway sections (Kien Luong to Ha Tien and Ca Mau to Nam Can). The dredging of Ganh Hao - Gia Rai aims at deepening of navigable channel without widening therefore it reduces almost structures and land losses.

RAP 2005 will be applied to carry out:

- Removal of houses encroaching and obstructing navigation.

- Lease of land for spoil relocation areas (SRAs).

1.1. Purpose and scope of work: Purpose: deepening dredging, navaid procurement and installation on Ganh Hao - Gia Rai section in purpose of navigation improvement Scope of work: (i) Dredging on 53.7 km (from Ganh Hao to Gia Rai) with to tal cubic meter

1,910,000 (m3), of which 7km of Ganh Hao river with 150,000m3 and 46.7 km of Bac Lieu - Ca Mau canal with 1,760,000 m3 under standards of canal class III (B=22m; T=2.7m; V= 7m; H=30m). Canal is only deepened without widening.


__________________________________________________________________________ CHAPTER 1 Page 1-3

(ii) Navaid will be installed all over the section to enable safe navigation in day and night time of all year round.

Dredging will be executed along the existing alignment of navigable channel.

Distance Name of place Type of

improvement From To

Km 21+000 Km 67+700

Km 67+700 Km 74+700

Ca Mau – Bac Lieu canal Ganh Hao river

Deepening Deepening

1.2. Physical conditions of works sites:

Works sites are characterized by rice plain affected by semi-diurnal tide. There are neither forests nor dense vegetation in both sides of the canal. National Road #1 is in one side while rice field is in opposite side of the canal. There are some small internal towns with houses in the water frontage of the canal confluences. Soils in both sites are acid sulfate soil (ASS).

1.3. Socio-economic survey of PAPs:

The socio-economic survey of the PAPs under the project component was carried out together with DMS survey. The socio-economic survey will provide a baseline of social group to draw–up appropriate policy and adequate plan of PAPs rehabilitation.

The socio-economic survey focused on family composition, occupations, income, access to utilities such as water and electricity, distance to school and government offices, and ethnicity. The combined data of socio-economic survey provides a detailed insight of PAPs and the impact of the project on their existence.

There are only four PAPs affected by additional dredging work that are tolled and characterized socio-economically as follows:

- Race: Viet (75%) – Chinese (25%); Age >18 = 93% - Age <18 = 7% - Occupation: trad e (retailed) 2 PAPs (50%); retired (1PAPs); employee (1PAPs) - Education: Students (7%) - Religion: none, the four PAPs follow “idol and ancestor worship” tradition.

1.3.1. Profile of affected families:

The socio-economic profile summarized in the following section is based on the coverage of 4 families.

1.3.2. Major occupations:

Families affected by the project include traders and irregularly employed independents living on the embankment or over the water.


__________________________________________________________________________ CHAPTER 1 Page 1-4

Table 1.1 – Major occupations

No. Major occupations PAPs Rate

1 Trading 2 50% 2 Dependents/retired 1 25% 3 Miscellaneous 1 25% Total: 4 100%

Notes : Average family size is 6, of which 4 are of working age,

1.3.3. Structures / housing:

Dwellings vary from class II houses to wooden houses. Almost 4 houses stand on the water.

Table 1.2 - Size of affected Structures/houses (Sqm.)

No. Areas (Sqm.) Ganh Hao – Gia Rai section

1 Smaller than 20 m2 0% 2 20 – 40 m2 20% (1PAPs) 3 40 – 60 m2 20% (1 PAPs) 4 60 – 80 m2 20% (1 PAPs) 5 80 - 100 m2 0% 6 Larger than 100 m2 40% (1 PAPs) Total: 100%

1.3.4. Public facilities:

The households’ living areas have good utilities such as water supply, telecommunication networks of Ca Mau city. The existing public facilities and services are shown in Table 1.3 below:

Table 1.3 - Distance (Km) to facilities, services and temple

Distance to (Km)

No. Province/District/Commune Market Health School VPC Place of

worship Ca Mau province: I Ca Mau city: Ward 7 0.5 0.5 0.5 1 1


__________________________________________________________________________ CHAPTER 1 Page 1-5

1.3.5. Year of settlement:

All four PAPs live over there over 5 years.

Table 2.4 - Year of settlement

No. Year of settlement Ganh Hao – Gia Rai

section

1 Before 1945 0% 2 1945 – 1974 25% (1 PAPs) 3 1975 – 1986 50% (2 PAPs) 4 After 1986 25% (1 PAPs) Total: 100%

1.3.6. Household income:

Households who live by retail business have rather good income; one household has income of 1 million Dong per month.

Table 1.5 – Average monthly incomes for farming, business and others

No. of PAPs/Total PAPs No. Monthly income Farming Business Others

1 Less than 1 million VND 0% 0% 0% 2 1 – 4 million VND 0% 50% (2 PAPs) 0% 3 4 – 8 million VND 0% 50% (2 PAPs) 0% 4 More than 8 million VND 0% 0% 0%

Total: (4 PAPs) 0% 100% 0% 1.3.7. Ethnic composition: There is only 1 Chinese PAPs. There is not Cham and Khmer.

Table 1.6 - Ethnic minorities among PAPs

No. Ethnic composition Ganh Hao – Gia Rai section

1 Kinh (3 PAPs) 75% 2 Chinese (1 PAPs) 25% 3 Khmer 0% 4 Cham 0%

Total: (4 PAPs) 100%


__________________________________________________________________________ CHAPTER 1 Page 1-6

1.4. Impacts:

There are certain impacts to 4 PAPs and shown as below:

Impacts Items of works

Land loss House loss Business loss Dredging (None) X (None - set back of shop) Navaid installation (None) (None) (None)

VIET NAM INLAND WATERWAYS AND PORT REHABILITATION PROJECT RESETTLE ACTION PLAN FOR ADDITIONAL DREDGING OF GANH HAO - GIA RAI SECTION

_____________________________________________________________________ CHAPTER 2 Page 2-1

CHAPTER 2: LEGAL FRAME AND ENTITLEMENT POLICY

2.1. LEGAL FRAME:

The legal frame specified in RAP 2003 will be applied duly as RAP 2005.

2.2. ENTITLEMENT POLICY:

All the PAPs (4PAPs) are entitled to compensation and rehabilitation specified in RAP 2003 which was approved by MOT on behalf of and assigned by GOV whereas carrying out dredging of two extension waterway sections (Kien Luong - Ha Tien and Ca Mau Nam Can). Owners whose houses were built without construction permission are entitled to removal allowance and rehabilitation assistance in package (resettlement site, training measure, transport and living assistance allowances) as regulated by RAP 2003.

2.3. SAFEGUARD POLICY BY BANK:

RAP 2005 assures the due application of basic principles on involuntary resettlement of Bank safeguard policy. This can be cited as rehabilitation assistance aims to improve living standards, income productivity or at least PAPs may recover their living before the Project.


___________________________________________________________________________ CHAPTER 3 Page 3-1

CHAPTER 3: THE PROJECT IMPACTS

Improvement dredging does not require widening of channel; hence there are no land acquisition and no land loss in general. There are only four PAPs having houses built on water frontage which will be removed before dredging.

Land for spoil relocation areas: negotiation will be encouraged between Contractor and landowner due to it does not request to transfer of LURC. PAPs benefits for possessing fill spoil and rising of land bed. Their low-yield land will be improved its productivity after filling of bottom logs.

3.1. Structure /house loss:

Most structure/house loss is house and warehouse to classify as partial or sever loss. - House loss: There is one PAPs is fully affected auxiliary house (4 x 6 = 24 m2) but

remaining land is sufficient for reorganizing (HH Cao Tu Hung) . There are two PAPs are partially affected houses (HH Huynh Cong Dung and HH Nguyen Binh Thu).

- Structure loss: There are two PAPs are fully affected on warehouses and to be relocated. In fact, these families possess two stable houses of Class IV located in the internal land along Ganh Hao river. The details are: • HH Phung Ngoc Mai, the area of the main house (7.6 x 12 = 91.2 m2) built on a

land of the total area of (12 x 20 = 240 m2). • HH Cao Tu Hung, the area of the main house (12 x 16 = 192m2) built on a land

of the total area of (24 x 30 = 720 m2). The main houses and residential lands of these HH are not affected by dredging for Ganh Hao-Gia Rai section; therefore residential plot allocation is not necessary. Moreover, these warehouses were built over the water for trading of foodstuff for shrimps and cattle with local boats. The warehouses were temporarily built of corrugated iron roof, wooden wattle and planking on the wooden piles. Being built over the water, these warehouses obstruct the navigation of boats and vessels traveling across the confluence of Ganh Hao river and Bac Lieu - Ca Mau Canal. Therefore, they need to be relocated. These HH will be entitled to compensation for their affected warehouses and will be entitled to shifting allowance and special allowance for business income loss to order their business in the unaffected houses in land.

3.2. Land loss: none

3.3. Tree and crop loss: none. In case of land lease, any loss of crops by cultivation, farmers are entitled to compensation at current market prices under the same compensation policy applied to PAPs.

Number of PAPs classified by impacted categories (refer to Entitlement Matrix) as below:

No. Categories Results


___________________________________________________________________________ CHAPTER 3 Page 3-2

Impacted assets are summarized as below: - Number of PAPs 4 - Land loss (m2) 0 - Structure/House loss (m2) 474 1 Number of PAPs having fully affected house but

remaining land is sufficient for reorganizing 1

- House loss (m2) 24

2 Number of PAPs having partially affected house 2

- House loss (m2) 40 3 Total of PAPs having fully affected warehouse and to be

relocated 2

- Structure loss (m2) 410 4 Number of PAPs having permanently affected business 2 5 Number of PAPs having impacted crops and trees 0

Compensation and rehabilitation assistance applied to these PAPs will be identified in Chapter 9.

3.4. Mitigation measures:

In technical design work, the following approach criteria are strictly considered to minimize possible impacts:

- Reduce bottom width to 22m; slope: 1/1/or less providing that no widening of canal banks is required.

- Remove only households having houses built over and obstructed navigable channel to enlarge the sight view of skippers.

3.5. Land acquisition:

- No land acquired is required for canal dredging.

- Land for spoil relocation: Dredging of two main waterways was experienced that leasing of land with limited time and without change of land -use right is a successful option, PAPs having this type of land leasing will have a chance to improve the ir low-yield or uncultivated land into productive or residential land after filling by dredged spoil, therefore the Project will not acquire land for spoil relocation.

VIET NAM INLAND WATERWAYS AND PORT REHABILITATION PROJECT RESETTLEMENT ACTION PLAN FOR ADDITIONAL DREDGING OF GANH HAO - GIA RAI SECTION ___________________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________ CHAPTER 3 – TABLE 1

Table 3.1: Allowances for PAPs

Application Definition of entitled person

Allowances Implementation issues

1. Repair allowance Marginal affected house PAPs who have houses affected marginally the front will be entitled to 550,000 VND for repair the front (wooden house) or 1,000,000 VND for masonry house

2. Transport allowance Relocating PAPs All relocating PAPs are entitled to assistance to transport household affected, salvaged and new building materials to new site

3. Living subsistence allowance

Reorganizing and Relocating PAPs

All seriously affected PAPs are entitled to subsistence allowance during transition period at 330,000 VND/month for 3 months for reorganizing HH and for 6 months for relocating HH

4. Training allowance Relocating PAP household has one member participating training course

PAPs participating in training courses are entitled to 330,000 VND/month subsistence allowance during training (maximum 3 months). Each HH has one member to bee entitled to training. (Rehabilitation assistance in type of training will be one package of 1,100,000 VND per PAPs)

5. Income rehabilitation allowance for illegal PAPs with no right to use land and who have another property

PAP HH who have no rights use the effected land and are not entitled to move to RS

All PAPs who illegal residential and/or commercial land is affected, who cannot reorganize and not entitled to a RS plot because they have another property in the commune, are entitled to 70% assistance for their illegally built structures, will be received a special rehabilitation allowance of 4,400,000 VND per residential land of 1,100,000 VND for restoring income lost during transition period.

6. Business income loss allowance for shopkeeper relocating

PAP HH who have businesses and are to be relocated

PAPs having business registration are entitled to 4,400,000 VND cash payment of a special rehabilitation allowance to provide for loss of income during transition period. PAPs without business registration are assisted with 550,000 VND.

Table 3.2: Entitlement Matrix

NO. TYPE OF

LOSS APPLICATION DEFINITION OF ENTITLED

PERSON COMPENSATION POLICY IMPLEMENTATION ISSUES


_____________________________________________________________________________________________________________ CHAPTER 3 – TABLE 2

NO. TYPE OF LOSS

APPLICATION DEFINITION OF ENTITLED PERSON

COMPENSATION POLICY IMPLEMENTATION ISSUES

1 Arable land. 1.1 Less than 20% of total household income lost due to acquisition of arable land for canal widening and resettlement sites (marginal impact on household income and living standards). The approach taken is restoration of income loss. (0 HHs)

a) Legal user with permanent rights to use the affected land and temporary or leasehold user who provides supporting documents which will be legalized bef. compensation as a permanent land user (legalizable).

• PAPs will be entitled to:

- Cash compensation for acquired land at 100% of replacement cost, AND

- Cash compensation for crops and trees at market price.

• Farming will be permitted on remaining land in the SL.

1.2. More than 20% of total household income lost due to acquisition of arable land for widening. The approach taken is restoration of income loss. Severe impact on household

a) Legal user with permanent rights to use the affected land and temporary or leasehold user who will be legalized before compensation as a permanent land user


- cash compensation for crops and trees produce at market price,

- (a) full title to land of equal productivity acceptable to PAPs, in the same or surrounding communes; OR

- (b) cash compensation for lost land

Priority will be given to land compensation of equal area and productivity within the same or surrounding communes. Cash in lieu of land will be offered only as at resort or at the informed request of the PAP.


_____________________________________________________________________________________________________________ CHAPTER 3 – TABLE 3

NO. TYPE OF LOSS



income and living standards. ( 0 HHs)

at 100% of replacement cost at the informed request of PAPs; AND

A rehabilitation package (training in current or new occupation, agricultural extension services including training and farming inputs); and training, subsistence & transport allowances.

2 Lost of residential or commercial land

2.2 Loss of residential or commercial land with remaining legal residential and/or commercial land beyond the SL sufficient to reorganize (at least equal to 60m2 in rural area and 40m2 in urban area). (0 HHs)

a. Legal user of affected land with permanent use rights.

PAPs who have permanent land use rights win be entitled to the following: (a) Cash compensation for land acquired to the SL for the canal widening and RSs at 100% of replacement cost; AND. (b) reorganization on remaining legal land behind the SL and issued with LURC in due time; AND (c) a rehabilitation package (training for one person in each HH if income is affected, and subsistence and training allowance) and repair allowance to rebuild the house front if structures partially affected

In exceptional cases permission may be given to PAPs to organize on their remaining legal land in area less than the standard, with approval of PRCS. PAPs win be entitled to a special rehabilitation allowance to ensure restoration of living standards (equivalent in value to the difference in land area between the standard plot size on a RS and the remaining area on which PAP is reorganizing, at the rate of RS land). PAP also entitled to repair costs for partially demolished structures.

2.3 PAPs have remaining permanently legal or localizable residential and/or commercial land less than standard area 60m2 in rural area or 40m2 in urban area.

a) Legal PAPs of the affected land with permanent use rights.


- cash compensation for land acquired at 100% of replacement cost, OK

- Group Relocation: Full title to a plot land in fully serviced group resettlement site according to the determined standard sizes (PAPs losing an area greater than the plot in

PAPs relocated.


_____________________________________________________________________________________________________________ CHAPTER 3 – TABLE 4

NO. TYPE OF LOSS



(0 HHs) RS will receive compensation in cash for the difference); QR

- Individual Relocation: Full title to a plot land equivalent to their area of legal land lost, and sufficient cash at replacement cost to develop their own infrastructure and services (access road, water, electricity if available, landfill); OR.

- Self Relocation: At the informed request of the PAP cash in lieu of land at replacement cost and PAPs will make their own arrangements for relocation;

- Relocating PAPs will be entitled to a rehabilitation package (training for one HH member in new or current occupation, and subsistence, transport, training allowance).

- PAPs who have their business affected will be entitled to a business income rehabilitation allowance (4,400,000 VND per household) to provide for loss of income during the transition period. (550,000 VND if PAPs without business registration)

Reorganization: Only in exceptional cafes permission given to PAPs to organize on their remaining legal land in less than standard area, with approval

PAPs reorganized


_____________________________________________________________________________________________________________ CHAPTER 3 – TABLE 5

NO. TYPE OF LOSS



of PRCS. PAPs will be entitled to a special rehabilitation allowance to ensure restoration of living standards (equivalent in value to the difference in land area between the standard plot size on a RS and the remaining area on which PAP is reorganizing, at the rate of RS land) PAP also entitled to repair allowance for partially demolished structures.

3

Structures. 3.1 Structures located in the SL and the clear area required for development. (4 HHs)

a. Legal owner of the affected structure. Total: 4 HHs

- PAPs with legal right to build the affected structure will be entitled to compensation at 100% of replacement cost of the affected structure in material, cash or a combination of the two. No deduction will be made for depreciation or for salvageable Partially affected structures will be compensated for the affected part at replacement cost and additional repair allowance will be made to cover the cost of repairing the house front.

In urban areas people must have a building permit to build a structure on their legal or temporary land. In rural area, right to use land implies right to build a structure.

4 Independent shops.

4.1 Shop located in the SL canal widening. (2 HHs)

a. Legal owner of the shop with permanent rights to use the affected land. Total: 2 HHs

PAPs will be entitled to: 1. Group Relocation: Full title to a plot of land equivalent in area to their former plot (minimum 14m2) in a fully serviced group resettlement site suitable to restore business and income; OR 2. Individual Relocation: Full title to a

To facilitate continuance of business & to minimize adverse impacts on income and living standards PAPs may be allowed in exceptional cases to continue to do business at present location within the 2m wide SL but will not be


_____________________________________________________________________________________________________________ CHAPTER 3 – TABLE 6

NO. TYPE OF LOSS



standard size plot on an individual site equivalent in area to their former plot (minimum 14m2) and sufficient cash at replacement cost to develop their own infrastructure and services (access road, water, electricity if available, landfill); OR 3. Self Relocation: Cash compensation in lieu of land at replacement cost and make own arrangements for relocation. AND: 4. PAPs relocating will be entitled to income rehabilitation assistance of 4,400,000 VND to provide for income loss during the transition period; 5. PAPs relocating will be entitled to compensation or assistance at replacement cost for affected structure according to its legal status (compensation at 100% for legal or legalizable shop/house, 70% for illegal one 6. Normal rehabilitation package (training for one HH in a new or current occupation such as training to enhance business skills, and transport, subsistence allowances).

allowed to construct any structure within SL.

5 Loss of standing plants

Crops located in the DL or crops on land acquired for spoil deposit. (0 HHs)

Household who cultivates the land.

PAPS are entitled to compensation in cash at market value.

PAPS will be given notice several months in advance regarding evacuation.


_____________________________________________________________________________________________________________ CHAPTER 3 – TABLE 7

NO. TYPE OF LOSS



6 Loss of perennial plants

Trees in the SL (0 HHs)

a) Not ready to harvest

b) Only harvest once

- HH who owns will entitled to total costs of initial investments and care until the time of land acquisition. - Compensation in cash at market value.

Crops in SL after the issue of the cut-off date will not be compensated

7 Loss of trees Trees located in the SL, and trees affect navigation safety (visibility). (0 HHs)

Household who owns trees, irrespective of land tenure status.

PAPS are entitled to compensation in cash at marker value on the basis of type, age and productive value.

8 Graves Graves located in the SL.

Household who owns the graves.

PAPS are entitled to cash compensation for all costs of excavation, movement and reburial.

9 Loss of public infrastructure

Infrastructure (electric and telephone lines electric substation, public wells) located in the DL and which can affect

Relevant ministries and agencies.

Compensation in cash at rehabilitation-installation cost


CHAPTER 4 Page 4-1

CHAPTER 4: CONSULTATION AND PARTICIPATION

4.1. Public information Information on the Project and the resettlement consequences has been regularly provided by the PMU-W to all Province and District and Commune People Committees. A simplified campaign of public dissemination to community was given in Mid-January 2005 as well. Through community meetings, public information booklets, overleaf, PAPs are also informed of project objectives, impacts on people's assets and RAP policy. People will be consulted during DMS work to identify, to determine their preferences for type of compensation and consulting the rates of compensation applied to set up entitlement’s amount.

4.2. Participation and consultation

4.2.1. Objectives of the information campaign and consultation program The objectives of the Public Information Campaign and PAP consultation program are as follows:

• To share fully information about the proposed Project, its components and its activities with the affected people.

• To obtain well information about PAPs reactions to proposed policies and activities.

• To obtain the understanding cooperation and participation of the affected people and communities to activities for resettlement planning and implementation.

• To ensure transparency, mutual confidence in RAP implementation such as land acquisition, resettlement and preparation entitlements of compensation, solving of PAPs redressals

4.2.2. Phases of public participation and consultation: There are two phases to the public information campaign and PAP consultation: Phase I: Fro m DMS work to resettlement plan This phase will consist of land demarcation, detailed measurement survey (DMS) of affected assets, and identification of relocation need. Phase II: During the RAP implementation and after relocation with PAPs This phase will consist of information dissemination and consultation of compensation entitlements problem-solving in accordance with RAP policies and procedures; calculation and payment of compensation.


CHAPTER 4 Page 4-2

4.2.3. Public information booklet To ensure that the PAPs, their representatives and the local Governments of the affected areas fully understand the details of the resettlement program, and also are informed about the compensation and rehabilitation packages applicable to the Project, Public Information Booklet (PIB) will be prepared by PMU-W in consultation with Bank resettlement specialist. PIB will be distributed to all PAPs in the Project area during the public information and consultation. PIB is envisaged as simple guide of 1-2 pages leaflet easy to read and understand. General contents of PIB will include the following: 1. Brief description of the project 2. Types of impacts 3. Basic Compensation Policy and Entitlements. 4. Implementation Schedule, and 5. Grievance Redressal Mechanism. PIB provides PMU address and responsible staff’s name to be in touch in case PAPs having quarries or issues to be exp lained and PAPs are requested to feedback to PMU office their concerned details of the Project and of compensation policy. 4.2.4. Feedback of PAPs Feedback provides information to PMU to assess whether: - PAPs understand PIB very good; - PAPs have to be informed the time to dredge the canal to arrange their business;

the implementation schedule; and - PAPs know the special allowances for business income loss. PMU-W would reply all answered questions and recommendations raised by PAPs in the public meetings or by correspondence.


_________________________________________________________________________

CHAPTER 5 Page 5-1

CHAPTER 5: Institutional ARRANGEMENT

5.1. Responsibilities of executing and implementing organization

5.1.1. Ministry of Transport MOT as an executing agency approved project policies of resettlement of the Project under the assignment of Government of Vietnam (GOV). PMU-W and other involved administration (province, district, and commune) will carry out all required procedures to implement the RAP.

5.1.2. Project Management Unit of Waterways (PMU-W): PMU-W undertakes functions of an implement agency to ensure the coordination of central and local authorities and PAPs, inquest improvement of regular policies in appropriating to practices, data base management of PAPs, funding and budgeting of compensation and resettlement works, supervising RAP implementation. Lessons learned from the Project period 1997-2002 show that the close coordination between PMU and Resettlement Committees (at different administrations), the assignment of trained personnel in resettlement mechanism, the well understanding of PAPs must be taken into account by PMU-W. The responsibilities of PMU-W shall be systemized as follow:

a) Overall planning, programming monitoring of RAP.

b) Budgeting, funding and accounting all transactions between Bank and PMU, PMU and other implementing agencies.

c) Ensuring all eligible PAPs are identified and compensated at replacement cost for their property loss have improved or restore their living standard and benefited from the Project and have participated in resettlement planning and been provided with a fair understanding of project and on how to redress their grievances or complaints any.

d) Training resettlement staff (at PPCs, DPCs, CPCs level) on data computerization, resettlement principles and practices, public information campaign, public consultation, ...

e) Data base management and updating whenever necessary and analysis.

f) Regular reporting, assessment of RAP progress to MOT and Bank.

The PMU-W Resettlement Section in cooperation with Provincial Peoples’ Committees will organize training for all members of DMS team to ensure consistency in RAP implementation, in identification of losses and entitlements.


_________________________________________________________________________

CHAPTER 5 Page 5-2

ORGANIGRAM OF PROJECT MANAGEMENT UNIT

OF WATERWAYS (PMU-W)

5.1.3. Peoples Committees: The RAP will be implemented by the PCs at three levels (province, district, commune) under the guidance, assistance and monitoring of PMU-W, and directives of MOT. The Resettlement Committees at three administration levels will have function and handle resettlement work within their land.

5.1.3.1. Provincial Peoples ’ Committee (PPC)

1. Signing contract with PMU-W for running provincial Resettlement Committees based on cost estimate of operation approved by MOT.

2. Issuing the policies of relocation and compensation rates and subsidiaries and other directives and instructions of resettlement and compensation applied to the project in their administration land.

3. Establishing provincial resettlement committees and appointing head of district resettlement committee with assigned responsibilities and tasks, appointing members of Provincial Resettlement Committee and its chairmanship.

4. Approving compensation estimates submitted by District Resettlement Committees.

5. Allocating land plots to relocated families and issuing land use right certificates (land titles)

6. Acquisition and allocation of land for Project.

PMU-W Director General

Vice-Director General in charge of WB project

Technical Section

Planning Section

Administration &

Personal Section

Financial &

Accounting Section

Resettlement &

Environment Section


_________________________________________________________________________

CHAPTER 5 Page 5-3

7. Task assignment for districts, villages/communes ill province.

5.1.3.2. District People ’s Committee (DPC) DPC is considered as main implementing monitor who will decide the productivity of detailed compensation and resettlement works. DPCS are assumed to:

- Appoint members of District Resettlement Committee, its chairmanship and assign functional tasks for DRC.

- Appoint heads of village resettlement team as required.

- Certify land use right applications of PAPs and their property title (rebuilt from shifting).

- Signing contract with PMU-W for running District Resettlement Committee based on operating cost estimate approved.

- Reimburse to CRC and DRC operating costs.

5.1.3.3. Commune Peoples ’ Committee (CPC)

- Appoint members working in DMS team and chairman of CPC wil l attend and work in DRC

- Signing compensation document of PAPs (DMS forms and Entitlement Forms)

- Recover operation fund allocated by PMU

- PAPs information and consultation PAPs meeting arrangement

5.2. Responsibilities of resettlement committees

5.2.1. Provincial Resettlement Committee (PRC)

- Coordinating, scheduling, supervising and monitoring RAP activities with province.

- Drafting compensation rates (to be applied to PAPs in province) and submitting them to the Project Steering Committee for review and decided by the MOT, then issued by PAPs for application.

- Drafting and submitting special channel of land use right application and property title issuance for relocated families.

- Hold regular meetings to assess progress and modify activities whenever needed.

- Arrange training or workshop for DRC staff on resettlement activities


_________________________________________________________________________

CHAPTER 5 Page 5-4

- Prepare professional training schedule for project affected adults with allowable funds allocated for province, particularly in-home manufacturing program for women.

5.2.2. District Resettlement Committee (DRC)

- Carrying out DMS, documentation and ill survey sheets of compensation (land, property, trees and crop lost) for all identified families (registered before November, 2003).

- Checking and signing on compensation document before forwarding them to PMU-W.

- Data base management of PAPs and calculation of compensation amount from official compensation rates issued by PPC.

- Apply to PPC for land use right certificates for relocated families (RF.) in locating land plots to them and property titles as well in resettlement sites.

- Listing all PAPs affected assets and entitlements for compensation, allowances and submitting to PPC for approval.

- Scheduling resettlement activities and reporting regularly (monthly, bi-monthly) progress and outstanding issues to PMU-W, PRC.

5.2.3. Commune resettlement Committee (CRC)

- Arranging meetings with PAPs for publicizing policies of compensation and subsidiaries compensation rates of PPCs; details of every PAP compensated amount for PAPs’ consultation.

- Working with DRC in DMS work and documentation.

5.3. Staffing of resettlement committees Resettlement Committees three administrative levels (provincial, district and village) will be chaired by the Chairman or Vice-Chairman of respective People's Committees with assistance of secretarial members.

Head Secretarial office Permanent Optional member (A) (C) (B) (D)

1. Provincial level: Provincial Resettlement Committee (PRC) Chairman or Vice-Chairman of PPC (1 peron)

1 Secretary - Representatives of Provincial Departments of Transport (1 peron) - Resources and Env. (1 peron) - Finance and Pricing

Representatives of Provincial Departments of Social Welfare and Veterans police, construction

Total (A) + (B) + (C) = 5 persons (fulltime) 2. District level: District Resettlement Committee (DRC) Chairman, or Vice-Chairman of DPC

Two clerks - Representatives of District Offices of Cadastre (1)

Representatives of District Offices of


_________________________________________________________________________

CHAPTER 5 Page 5-5

(1 peron) - Construction (1) - Finance (1) - Agriculture (1) - Representative of PMU-W(1)

Transport (1) Social Welfare and Veterans (1), Planning Police (1)

Total (A) + (B) + (C) = 8 persons (fulltime) 3. Commune level: Commune Resettlement Committee (CRC) Chairman or Vice Chairman of (VPC. (1 peron)

- Civilian of cadastre (1 peron) - Civilian of agriculture (1per’n) - Representative of PAPs (1peron)

-Women representative of PAP (1 peson)

5.4. Resettlement organization in government and project levels

- Governmental level: The Project Steering Board will be responsible to:

- Coordinate the compensation and resettlement policies between various provinces and PMU-W for harmonizing practices in different locates.

- Petition and waiver suggestions involving Stipulations and Promulgations (to the Prime Minister) which enable the project to progress wherever and as appropriate.

- Review the resettlement action plan before submitting to the Prime Minister.

The Board will be headed by Minister of Transport (MOT) or his appointee (Deputy Minister) and members from various ministries:

Head Secretarial Permanent members Optional members (A) (B) (C) (D)

Minister of Transport

PMU-W delegated by Director General (1 person)

Representatives of: - MPI (1 person) - MOF (1 person) - GAC (1 person) - Head of involving PRCs

Representative of: - Office of the Government. - State Bank of Vietnam

Total (A) + (B) + (C) = 10 persons. - Project level: The Project Resettlement Committee will be within PMU-W and composed of:

Head Secretarial Permanent members Optional members (A) (B) (C) (D)

Vice-Director General (1 person)

1 secretary (data base management)

- Property Evaluation TF (6 person) (Demarcation, DMS) - Compensation TF (3 person) - Legal & Information TF


_________________________________________________________________________

CHAPTER 5 Page 5-6

(2 person) - Data documentation TF (2 person)

Total (A) + (B) + (C) = 15 persons Notes: - GAC: General Administration of Cadastre - TF: Task Force

5.5. External monitoring Regarding to the selection of an independent monitor for the RAP, the Bank Resettlement Specialist will be our supervisor because there are only 4 PAPs.

5.6. Reporting The Project Resettlement Committee (The project RC) shall assist and advise PRC and DRCs in RAP implementation. Monthly progress reports to Project RC will be drafted by DRCs. The progress reports shall specifically include conventional issues emanating from any aspect of RAP implementation. The Project RC and PRCs shall address these issues without delay and formulate guidelines for DMS as and where required. The Project resettlement organization is shown in Figure 5.1 Figure 5.1: Project Resettlement Organization

5.7.

GOVERNMENT Project steering committee

(PSC)

Project management Unit of Waterways

(PMU-W)

Provincial Resettlement Committee

(PRC)

Provincial People’s Committee

(PPC)

Resettlement and Environment Section

(R&E) DMS team - DMS work - Assets valuation - Public Information

campaign - Database management

District Resettlement Committee (DRC)

District Resettlement Committee (DRC)

District People’s Committee (DPC)

District People’s Committee (DPC)

Commune Resettlement Committee (CRC)

Commune People’s Committee (CPC)


CHAPTER 6 Page 6-1

CHAPTER 6: COMPLAINT AND GRIEVANCE

6.1. Grievance redressal mechanism: In order to ensure that people’s grievances and complaints on any aspect of the land acquisition, compensation, and resettlement are addressed in a timely and satisfactory manner and that all possible avenues are available to PAPs to air their grievances a well defined grievance redressal mechanism need to be established in the Project. It is also important that all the PAPs are aware of the established procedures of the proposed grievance redressal mechanism. The detailed procedures for redressal of grievances and the appeal process will be publicized among all the PAPs through effective public information campaign. The grievance redressal mechanism and the appeal procedures will be also explained in the Public Information Booklet which will be distributed to all PAPs.

6.2. Contents of grievances: PAPs can redress their complaints relating to any aspect of the compensation entitlements, compensation policy, rates, land acquisition, resettlement and entitlements relating to rehabilitation assistance programs in a letter of request sending to CPC and PMU-W concurrently. The complaints by the PAPs can be lodged verbally or in written form but in case it is lodged verbally, the committee to which it is lodged will write it down in the first instance of its meeting with the PAPs. PAPs who will present their case to Commune Peoples Committee, DPC, PPC or PMU-W or to the Administration Court will be exonerated from paying any legal fee. In addition, PAPs lodging complaints and appeals to the Administration Court will be provided with free legal representation.

6.3. Grievance procedures: A four stage procedure for redressal of grievances is proposed; this includes: A. Complaints of the PAPs on any aspect of compensation, relocation or unaddressed losses shall in first instance be lodged verbally or in written form to Commune Peoples Committee. The complaint can be discussed in an informal meeting with the PAP and the Chairman of the Commune Peoples’ Committee. A representative of the PMU-W resettlement board and Property Evaluation Committee will also be present. It will be responsibility of the Commune Peoples Committee to resolve the issue within 15 days from the day it is received. B. If no understanding or amicable solution can be reached or no response from the Commune Peoples Committee is received by the PAPs within 15 days of registry of complaint he/she can appeal to the District Peoples Committee. The PAPs will be


CHAPTER 6 Page 6-2

heard in person by the Vice Chairman of the District Peoples’ Committee (DPC) in the presence of representatives of PMU-W Resettlement Board and the District Resettlement Committee, and will be invited to produce documents which support his / her claim. The complaint must be lodged within two months of registering the original complaint. The DPC will provide the decision within one month of registering the appeal. C. If the PAPs is not satisfied with the decision of the DPC or its representative or in the absence of any response by the DPC and DRC the PAP can appeal to the Provincial Peoples’ Committee. The Provincial Peoples’ Committee together w1fll the representatives of PRC and PMU-W Resettlement Board will provide decision on file appeal within 30 days from file day it is received b y the PPC. D. If the PAPs are still not satisfied with the decision of the PPC and PRC on its appeal or in absence of any response from the PPC within file stipulated time, PAPs as a last resort will submit its case to the Administration Court.


___________________________________________________________________CHAPTER 7 Page 7-1

CHAPTER 7: MONITORING

There are two types of monitoring (external and internal) which start from January 2005 and finish on March 2005 after the completion of compensation. Regular external monitoring of the implementation of the RAP will be conducted by PAPs representatives and Bank resettlement specialist.

7.1. Internal monitoring PMU-W will be responsible for internal monitoring of all aspects of the implementation of the Resettlement Action Plan. With experience and lessons learned in period 1997-2002, the internal monitoring will be conducted to have the simplicity, transparency and efficiency of RAP implementation

7.2. Monitoring Indicators PMU-SW will monitor the following main indicators regularly:

1. Payment of compensation to PAPs: simple procedures, direct payment.

2. Implementation of public information and consultation procedures as explained in Section 6 of the RAP.

3. Grievance procedures.

4. Resettlement site location, design, plot allocation and site construction (if any).

5. Distribution of building material, house construction, technical assistance, removal to new site, payment of subsistence and shifting allowance as described in the RAP.

6. Restoration of public facilities and infrastructure affected by the Project.

7. Job creation (number of persons who need job provision by district and the number of persons who have found a job).

8. Provision of training and credit facilities to PAPs entitled for such rehabilitation assistance.

9. The linkage of resettlement and commencement of civil works.

7.2.1. Staff for conducting internal monitoring The two selected staff of PMU-W will be responsible for internal monitoring activities. They will collect information every 2 months from the PRCs and DRCs. Based on data collection, resettlement monitoring information in will be reviewed and experienced monthly to assist RAP implementation in good progress and will resort to RAP policy. The data base will be successively updated every quarterly.


___________________________________________________________________CHAPTER 7 Page 7-2

7.2.2. Reporting on monitoring: PMU-W will submit to MOT and Bank a monitoring report on the progress of implementatio n of the RAP every six months period.

7.3. External monitoring In accordance with impartial requirements, PMU- W will seek for Bank assistance to dispatch one resettlement specialist (RSp) for the monitoring of implementation of the Resettlement Action plan. The External Monitoring (EM) may involve itself in all aspects of RAP implementation and shall have access to all organizations involved and all project documentation. The EM shall be engaged as soon as possible after GOV. approval of RAP. Its major responsibilities include: • Compensation for loss of farm produce in market cost; • Compensation for house, structures, lands, long- life trees and other properties

in replacement cost; • For losing cultivation lands less than 20% of the total land area shall be paid in

replacement cost for acquired lands. Such acquired land and all other lost assets are paid in cash.

• Land for land if cultivative land is acquired more than 25% of the total land area and then the PAP will be compensated another plot with equivalent quality and area or paid in cash with replacement cost depending on selection of PAPs.

• In addition to compensation for losses, PAPs will be received some allowances such as transport, living stability/restoration. Sometimes an allowance to encourage early or timely removing could be applied.

7.3.1. Monitoring and evaluation indicators: The following indicators will be monitored and evaluated regularly by the selected RSp: a) Payment of compensation

(i) Full payment to be made to all affected persons sufficiently before land acquisition; adequacy of payment to replace the affected assets;

(ii) The compensation for affected structures should be equivalent to the replacement cost of materials and labour based on standards and special features o f construction and no deduction made for depreciation or value of salvageable materials;

(iii) Compensation for public facilities and restoration of public facilities if required.


___________________________________________________________________CHAPTER 7 Page 7-3

b) Provision of training and availability of credit assistance

(i) Training should be provided for one member of each eligible affected family who will be relocated. if the family chooses to opt for training;

(ii) The kind of training will depend on the preference of the affected person and the availability of a training course;

(iii) The option of post- training credit assistance should be provided to the affected person. On the basis of low-interest rates and credit eligibility for otherwise ineligible groups such as women and low-income earners;

(iv) Training should be provided within three months of the date of relocation.

c) Restoration of economic activities

(i) Affected persons should be monitored for restoration of productive activities.

d) Public consultation

(i) Affected persons should be informed and consulted about resettlement activities;

(ii) The monitoring team should attend at least one public consultation meeting each month to monitor public consultation procedures. Problems and issues that arise during the meetings and solutions that are proposed.

e) Level of satisfaction

(i) The level of satisfaction of affected persons with various aspects of the RAP will be monitored and recorded;

(ii) The operation of the mechanisms of grievance redressal and the speed of redressal of grievances will be monitored.

f) Standard of living

(i) Throughout the implementation process, the trends of living standards win be observed and trip potential problems u1the restoration of living standards will be identified and reported.

h) Awareness of compensation policy.

(i) Public awareness of the compensation policy and their entitlements among the PAPs will be assessed;


___________________________________________________________________CHAPTER 7 Page 7-4

(ii) Assessment of awareness of various options available to PAPs as provided for in the RAPs.

7.3.2. Monitoring methodology: Data sources The information will be checked from 3 sources:

• PMU-W Resettlement Unit.

• Local Commune. District and Provincial Resettlement Committees.

• Affected persons

Sample To verify the quantitative aspects of implementation, sample surveys of various types of impacts will be conducted based on the internal monitoring reports submitted by PMU-W. A stratified sample will be taken of 10% of the target group for each category such as tenants or workers. While making quantitative assessments of resettlement activities, 100% of districts and 10% of the affected reorganized households will be contacted; and 100% of affected persons at 100% of resettlement sites. Data collection methods

• Data and information will be gathered through.

• Questionnaires, to be personally administered.

• Direct interviews with affected households.

• Specific focus group interviews aimed at identifying the specific problem issues related to groups such as self-employed persons with businesses, Farmers, workers

• Affected by loss of job, tenants affected by loss of place of residence, women heads of households. etc.

• Community meetings to discuss problem issues and identify solutions.

Data analysis Data and information collected will be analyzed by affected area, resettlement sites, levels of compensation, timing of impact, type of impact, etc. Data base storage The Monitoring Team will maintain a data base if resettlement monitoring information that will be updated every two months. It will contain certain files on each affected household and will be updated based on information collected in


___________________________________________________________________CHAPTER 7 Page 7-5

successive rounds of data collection. All databases compiled will be fully accessible to PMU-W.

7.3.3. Reporting Monitoring reporting A progress report should be prepared and submitted to PMU-W by the last day of every quarter to be attached as an annex to the PMU-W Progress Report to Bank every three months. The report should contain:

(i) A report of progress of IWW resettlement implement;

(ii) Deviations, if any, from the provisions and principles of the RAP;

(iii) Identification of problem issues and recommended solutions so that PMU-W is informed about the ongoing situation. and can resolve problems in a timely manner; and

(iv) Report progress on the follow-up of problems and issues identified in the previous report.

Follow-up to monitoring reports The monitoring reports will be discussed during a meeting between the Monitoring specialist and PMU-W held immediately after the submission of the report. Necessary follow-up action will be taken based on the problems and issues identified during reports and follow-up discussions.


__________________________________________________________________ CHAPTER 8 Page 8-1

CHAPTER 8: IMPLEMENTATION SCHEDULE

RAP 2005 will be implemented and finished by March 2005. Dredging is scheduled to start from late Feb ruary 2005 and finish by August 2005.

A- Schedule of Dredging:

Section Volume

(m3) Start Finish

Total:

- 7km of Ganh Hao river

- 46.7km of Bac Lieu–Ca Mau canal

1,910,000

150,000

1,760,000

March 1/2005

March 1/2005

March 1/2005

August 30/2005

March 30/2005

August 30/2005

B- Schedule of RAP Implementation:

Section Volume

Start Finish

- DMS - ENTITLEMENT

- PAYMENT

4 PAPS

4 PAPs February 1/2005

February 16/2005

February 15/2005

March 30/2005

Note: - DMS: detailed measurement survey and public meeting to publicize the Project. - Succeeding steps: Checking draft of property & assets losses with PAPs,

entitlement preparation and exchange on compensation loss, minutes of entitlement, submission and approval by local committees of resettlement .


__________________________________________________________________________ CHAPTER 9 Page 9-1

CHAPTER 9: COST ESTIMATE AND BUDGET

9.1. Compensation rates and allowances:

Decision No 951/QDD-CTUB dated November 3/1999 by People Committee of Ca Mau province will be applied to identify all entitlements to PAPs concerning compensation rates on losses of land, houses, ...and allowances to rehabilitate PAPs living.

This Decision had been successfully supported to RAP implementation on dredging in other waterways under the Project within Ca Mau province.

9.2. Cost estimate:

Cost estimate for completion of RAP implementation for Ganh Hao - Gia Rai section: VN Dong 216,631,000 of Government of Vietnam.

No. ITEMS AMOUNT (Dong) Total: 216,631,000

1 Compensation: Houses & structures 199,380,000

2 Allowance 14,050,000

3 Managerial & administrative expenses 3,201,000

Source: Counterpart budget of the Project.

The detail tables (Items, unit cost, quantity, total) are in Appendix 1.


__________________________________________________________________________ CHAPTER 10 Page 10-1

CHAPTER 10: DISCLOSURE AND DISSEMINATION

The basic work of RAP planning and implementation requires its implementing agency to consult the involved authorities and PAPs in purpose of RAP appropriate living conditions. RAP disclosure and dissemination will enable relevant partners a tool to confirm their understanding and to ease DMS practice work as soon RAP has been approved, PMU – Waterways distributes RAP to: (i) Localities having the Pro ject’s committees: Bac Lieu, Ca Mau Provinces

- Province People’s Committees: Office of PPC, involving departments such as natural resources and environment , construction.

- District People’s Committees: Bac Lieu Province having three districts of Gia Rai, Ho Phong and Dong Hai, Ca Mau Province having Ca Mau City.

(ii) Central/ministerial offices:

- Ministry of Transport (department of quality control), department of legal studies;

- Ministry of Planning and Investment (department of project review and assessment);

- Ministry of Natural Resources and Environment ; and - Independent monitoring agency.

(iii) Financial Institution:

- World Bank – Viet Nam (Centre of Information/Library).

Any amendment and “mise – au – point” o f RAP policy will be informed to the above mentioned agencies and offices as well. Besides the above RAP disclosure work, RAP resume of some five pages in RAP policy such as eligibility and entitlements of PAPs, sequence of redressal to involved governmental addressees will be disseminated to district administration levels.


ANNEXES: LOCATION MAP AND PICTURES

1. LOCATION MAP

2. LINE MAP

3. PICTURES


LOCATION MAP


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P.3: HH. NGUYEÃN BÌNH THU – HOUSE OVER THE WATER

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