resettlement due diligence review - all documents · 2018. 8. 29. · iac | i binh dinh provincial...

IAC | i

BINH DINH PROVINCIAL PEOPLE’S COMMITTEE

BINH DINH PMU OF CONSTRUCTION INVESTMENT WORKS

FOR AGRICULTURE AND RURAL DEVELOPMENT

VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION

PROJECT – BINH DINH SUBPROJECT

RESETTLEMENT DUE DILIGENCE REVIEW

WORKS: REPAIR, REINFORCEMENT OF DOWNSTREAM AND

SHOULDERS OF CAY GAI WEIR – PHU CAT DISTRICT

AND

LUAT LE DYKE – TUY PHUOC DISTRICT

Prepared by: Binh Dinh Construction Investment Works for

Agriculture and Rural Development

July 2018

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

IAC | ii

BINH DINH PROVINCIAL PEOPLE’S COMMITTEE

BINH DINH PMU OF CONSTRUCTION INVESTMENT WORKS FOR

AGRICULTURE AND RURAL DEVELOPMENT

VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION

PROJECT – BINH DINH SUBPROJECT

RESETTLEMENT DUE DILIGENCE

WORKS: REPAIR, REINFORCEMENT OF DOWNSTREAM AND

SHOULDERS OF CAY GAI WEIR – PHU CAT DISTRICT

AND

LUAT LE DYKE – TUY PHUOC DISTRICT

PROJECT OWNER CONSULTANT

July 2018

IAC | 1

TABLE OF CONTENTS

I. INTRODUCTION 9

A. Overview 9

B. Impact Scope 11

C. Implementation Process of the Compensation and Resettlement 12

D. Objectives of the Resettlement Due Diligence Report 13

II. DUE DILIGENCE REVIEW 14

A. Methodology 14

B. Summary of DMS and Compensation Options 14

C. Evaluation of Compensation and Resettlement 17

1. Detailed Measurement Survey, Compensation and Support 17

2. Relocation 19

3. Income Restoration Program 19

4. Grievance Redress Mechanism 19

5. Information Disclosure and Community Consultation 19

6. Monitoring 21

7. Compliance Matrix 22

8. Recommendations and Implementation Arrangement 28

ANNEXES 29

IAC | 2

LIST OF TABLES

Table 1: Summary of Impacts 11

Table 2: Total compensation, support and resettlement cost for Cay Gai Weir in Phu Cat

district and Luat Le Dyke in Tuy Phuoc district 16

Table 3: Consultation Time and Locations 21

Table 4: Summary of Discussions and Comments at Consultation Meetings 21

Table 5: Compliance Matrix 23

ANNEX

Annex 1: Consultation Minutes and Lists of AHs in Dieu Tri Town and Cat Lam Commune 29

Annex 2: Applicable Decisions and Legal Documents for the Subprojects 45

Annex 3: Summary of compensation for Luat Le dyke and Cay Gai weir 54

Annex 4: Lists of AHs have not received compensation and assistance 59

Annex 5: Project Information Booklet (PIB) 60

Annex 6: Socio-Economic Survey 62

Annex 7: Some Photos about Current Status of the Project Site and Public Consultation 71

IAC | 3

ABBREVIATIONS

AH Affected Household

CPC Communal People’s Committee

DMS Detailed Measurement Survey

DPC District People’s Committee

EMA External Monitoring Agency

FS Feasibility Study

GoV Government of Vietnam

IDA Internal Development Association

LURC Land Use Right Certificate

PIB Project Information Booklet

PPC Provincial People’s Committee

RCS Replacement Cost Survey

SES Socio-Economic Survey

TOR Term of Reference

USD US Dollar

VND Vietnamese dong

WB World Bank

IAC | 4

DEFINITIONS

Affected persons

(APs)

Individuals, organizations or businesses that are directly affected

socially and economically by WB-funded projects caused by the

involuntary taking of land and other assets that results in (i)

relocation or loss of shelter; (ii) loss of assets or access to assets;

or (iii) loss of income sources or means of livelihood, whether or

not the affected persons must move to another location. In

addition, affected person is one for whom involuntary restriction

of access to legally designated parks and protected areas that

result in adverse impacts on livelihoods also.

Cut-off-date Is the date when the PPC issues the Notification of Land

acquisition for the relevant project (Article 67.1 of Land Law

2013) before implementation of detailed measurement survey.

Affected persons and local communities will be informed of the

cut-off date for each project’s component, and that anyone

moving into the project component areas after that date will not

be entitled to compensation and assistance under the Project.

Eligibility The criteria to receive benefits under the resettlement program.

Entitlements Include compensation and assistance for APs based on the type

and extent of damage.

Income (livelihood)

restoration

A set of activities to be provided to the affected people who lost

income sources or means of livelihoods to restore their income

and living standard, as equal to or better than pre-project level.

Inventory of Losses

(IOL)

Is process of accounting for physical assets and income affected

by project.

Livelihood A set of economic activities, involving self-employment, and or

wage employment by using one’s endowments (both human and

material) to generate adequate resources for meeting the

requirements of the self and household on a sustainable basis

with dignity.

Project impact Any consequence immediately related to the taking of a parcel of

land or to restrictions in the use of legally designated parks or

protected areas. People directly affected by land acquisition may

lose their home, farmland, property, business, or other means of

livelihood. In other words, they lose their ownership, occupancy,

or use rights, because of land acquisition or restriction of access.

Replacement cost The term used to determine the amount sufficient to replace lost

assets and cover transaction costs. For losses that cannot easily

be valued or compensated for in monetary terms (e.g. access to

public services, customers, and supplies; or to fishing, grazing,

or forest areas), attempts are made to establish access to

equivalent and culturally acceptable resources and earning

opportunities.

IAC | 5

Resettlement In accordance with the World Bank’s Operational Policy on

Involuntary Resettlement (OP 4.12), it covers the involuntary

taking of land that results in (i) relocation or loss of shelter, (ii)

loss of assets or access to assets; or (iii) loss of income sources

or means of livelihood, whether or not the affected persons must

move to another location.

Severely Displaced

Person

Means DPs who will (i) lose 20% (10% for vulnerable

households) or more of their total productive land and assets

and/or more of their total income sources due to the Project, (ii)

have to relocate.

Stakeholders Any and all individuals, groups, organizations, and institutions

interested in and potentially affected by a project or having the

ability to influence a project.

Vulnerable groups Groups of people who might suffer disproportionately or face the

risk of being further marginalized by the effects of resettlement

and specifically include: (i) women headed household (single,

widow, disabled husband) with dependents, (ii) disabled (loss of

working ability), the elderly alone, (iii) poor people according to

the criteria issued by the MOLISA, (iv) the landless, and (v)

ethnic minority people.

IAC | 6

EXECUTIVE SUMMARY

Introduction

1. The Government of Vietnam has received a loan from the International Development

Association (“the Bank”) under the loan No. 6074-VN” funding the Vietnam Emergency

Natural Disaster Reconstruction Project including Binh Dinh, Phu Yen, Ninh Thuan, Quang

Ngai and Ha Tinh provinces (hereafter called the ENDR1). The project development objectives

will be achieved by rebuilding key infrastructure assets based on a ‘build back better’ approach

emphasizing all stages of infrastructure life cycle from design, construction to maintenance and

strengthening institutional capacities for climate and disaster reconstruction management.

2. For Binh Dinh subproject, various works within 03 Components were proposed for

emergency reconstruction and rehabilitation. In which, the Rehabilitation and Upgrading of Ha

Thanh River Dyke, comprising of 03 items: 1) Luat Le Dyke; 2) Embankment of Ha Thanh

river bank in Phuoc My commune; and 3) Embankment of Ha Thanh river bank, Van Canh

district was proposed in the priority list of the subprojects for the second phase. Similarly, the

Reinforcement of Downstream and Shoulders of Cay Gai Weir was listed for the second phase.

However, due to serious degradation and soil erosion situation occurred recently which was

extremely affecting local peoples’ lives and properties along the rivers banks and the weir’s

shoulders, Binh Dinh Provincial People’s Committee (PPC) decided to put them into the first

priority for immediate rehabilitation. According to the decision, Binh Dinh PMU has

coordinated with Tuy Phuoc and Phu Cat districts’ People’s Committees (DPCs) and Land Fund

Development Centers (LFDCs) to carry out the compensation, assistance and relocation for the

affected households by these two works (Luat Le dyke and Cay Gai weir). In which, the

relocation of two households in Luat Le dyke in addition to already-relocated 13 HHs for the

first section has been done to the newly-established resettlement area. Cay Gai weir affects 7

HHs with no relocation required.

Objectives of the Due Diligence Review

3. By the fact that the Ha Thanh river bank erosion and downgrade of Cay Gai weir and Luat

Le dyke have been seriously and dangerously happened which required immediate relocation

of the households, Binh Dinh province has carried out compensation, support and resettlement

for these households with the absence of the RAP prepared and approved. To ensure the

compliance with the approved RPF, this Due Diligence Review (DDR) report is prepared by

Binh Dinh province to review and carry out assessment on resettlement and compensation, and

relocation.

4. For this purpose, the objectives of the DDR report are to assess whether or not the

compensation, support and resettlement have complied with the approved RPF, and if AH’s

livelihood is restored, or improved as pre-project implementation, and to propose corrective

action plans if necessary to fulfil any gaps found to meet the requirements.

1Project name: Vietnam Emergency Natural Disaster Reconstruction Project (ENDR).

IAC | 7

Subproject Impacts

5. The Detail Measurement Survey (DMS) for remaining sections of Luat Le dyke2 and Cay

Gai Weir were carried out and completed in May 2018. Although land acquisition mitigation

has been thoroughly studied and considered to select optimal measures, land acquisition is

unavoidable. According to the DMS results, Cay Gai Weir to be implemented in Cat Lam

commune, Phu Cat district affects 07 households by loss of land and trees, with total area of

5,354.1 m2. Out of 7 HHs, 4 HHs are affected by land (743.3 m2 of productive forest land) and

trees, and 3 hhs are affected by crops and trees (land under CPC management, with an area of

4,610.8m2. No vulnerable hhs will be affected. The Rehabilitation and Upgrading of Ha Thanh

River Dyke, with the remaining sections of Luat Le Dyke is located in Dieu Tri Town, Tuy

Phuoc District. The DMS illustrated that there are 65 households affected (64 households and

1 CPC) with total area of 51,443.9 m2.

6. For Cay Gai Weir, as of May 2018, the compensation and support has been fully completed

with total amount of VND 32,341,887 for all 7 HHs affected by loss of land and trees and crops,

and the entire area has been acquired and handed over for construction. For Luat Le dyke, as of

May 2018, 60/65 AHs received compensation and support amount (59 AHs and 1 CPC). Of

which, 02 relocated HHs have already received compensation and support and moved to

resettlement area nearby in Luat Le village, Dieu Tri town, Tuy Phuoc district. 05 HHs have

not received compensation payment. Therefore, the compensation and site clearance of Luat Le

is not complied with GoV’s compensation policies and the project’s RPF. The compensation

for 05 remaining households should be paid expectedly by Q3/2018. Total compensation

amount is VND 1,667,845,516.

Due Diligence For Acquisition, Compensation and Resettlement

7. Seven (07) HHs under Cay Gai weir received compensation, support amount and handed

over the site in May 2018. Out of 65 HHs of Luat Le dyke, 60 AHs (59 AHs and 1 affected

CPC) received compensation and support payment; the compensation payment for remaining

households will be completed in Q3/2018. Two (02) displaced households have already

relocated to the resettlement site near Luat Le dyke. Resettlement area under the project is

situated in Luat Le dyke, Dieu Tri town, Tuy Phuoc district (with total area of 8,200 m2). The

resettlement area is constructed under Category IV in terms of technical infrastructure.

Displaced households relocated to build house in the resettlement area which is fully equipped

with basic infrastructure such as electricity, water and asphalt roads.

8. According to the results of the survey with all affected households (questionnaire survey,

consultation meeting with affected households, in-depth interview) conducted by Safeguard

Consultant employed by Binh Dinh PMU, it was identified that a pending of support for 5

vulnerable households and 5 remaining households of Luat Ke dyke should be

compensated and assisted in Q3/2018.

9. In assessing the application of replacement rates for compensation, the DDR identified that

the localities were applying the PPC’s compensation rates using the K coefficient – the land

2 The resettlement activities for the first section of Luat Le dyke have been completed by early 2018 and

resettlement due diligence review have been endorsed by the Bank in March 2018.

IAC | 8

price adjustment coefficient (pursuant to the national regulation) for calculating compensation

rates. These applied rates were reflecting the current market rates, however, are not fully

complied with the valuation of replacement costs as set forth by the World Bank OP4.12. It is,

thus, assessed that the application of compensation rates is not compliant to the Bank’s policies.

As agreed, the Binh Dinh PMU will recruit an independent price appraiser to conduct

replacement cost survey for the whole project, which will be commenced by Q3/2018.

Additional compensation rate will be reviewed further when decision on new RCS rates is taken

(if any).

Implementation Arrangement and Recommendations

10. Binh Dinh PMU will coordinate with local authority for compensation to AHs by Q3/2018.

Binh Dinh PMU will update and report to the Bank for implementation of corrective action of

the non - compliance issue and submit to the WB for review and approval.

11. Binh Dinh PMU will carry out internal and external monitoring for following-up activities

to ensure that the AH’s livelihood will be at least restored or improved as to pre-project level.

IAC | 9

I. INTRODUCTION

A. Overview

1. The Government of Vietnam has received a loan from the International Development

Association Bank (“the Bank”) under the loan No. 6074-VN” funding the Vietnam Emergency

Natural Disaster Reconstruction Project including Binh Dinh, Phu Yen, Ninh Thuan, Quang

Ngai and Ha Tinh provinces (hereafter called the ENDR3). The project development objectives

will be achieved by rebuilding key infrastructure assets based on a ‘build back better’ approach

emphasizing all stages of infrastructure life cycle from design, construction to maintenance and

strengthening institutional capacities for climate and disaster reconstruction management.

2. The Rehabilitation and Upgrading of Ha Thanh river dyke subproject, Luat Le dyke is

under the Component 1 of the ENDR project – Binh Dinh subproject, implemented to prevent

flood and protect residential area, agricultural land and infrastructure in downstream of Ha

Thanh river, covering Dieu Tri town and part of Tuy Phuoc town in Tuy Phuoc district and Cay

Gai weir in Cat Lam commune, Phu Cat district. By the project, river banks’ stability, transport

conditions and environmental landscape will be enhanced.

3. Luat Le river dyke was approved by Binh Dinh PPC at the Decision No. 1105/QD-UBND

dated 30/3/2017 approving the Rehabilitation and Upgrading of Ha Thanh river dyke subproject

under the ENDR project - Binh Dinh subproject with the following contents:

Class and Category: Agriculture and Rural Development work, IV.

Design steps: 2 (basic design and as drawing design).

Basic design method:

✓ Designed frequency of water level and flow rate: P=10%.

✓ Length of dyke: 3,555m.

✓ Elevation of dyke peak: ranges from +7.00m to +6.00m.

✓ Dyke surface structure: width of 5m, consolidated by reinforced concrete with

stone of 2x4, M250, thickness of 20cm, in combination with transport purposes.

✓ Structure of dyke body: Backfilling of hilly soil, compacted at K=0.95.

✓ Structure of dyke roof: the roof is reinforced by concrete slab (45x45x10) cm,

macadam 2x4 lean layer with thickness of 10cm and 1 layer of geotextile in

the reinforced concrete frame M200 stone 1x2, dimension BxH = (25x30) cm,

long span segment is 11.65m by asphalt oil paper. The side to rice field is

planted with grass.

Coefficient of dyke roof: to the river and to the rice field m = 2.

Reinforcement of dyke foot: Segments with river terraces are consolidated by

reinforced concrete M200, dimension BxH = (25x50) cm. Section through river

bed is strengthened by reinforced concrete M200, dimension BxH = (25x50) cm

on the rubber toe drain with the peak of 1.25m, roof coefficient is m=1.5.

3Project name: Vietnam Emergency Natural Disaster Reconstruction Project (ENDR).

IAC | 10

Structure: 04 drains through the dyke.

4. Repair, Reinforcement of Downstream and Shoulders of Cay Gai Weir Subproject in

Cat Lam commune, Phu Cat district has been approved by Chairman of Binh Dinh PPC at the

Decision No. 1104/QD-UBND dated 30/3/2017, with following contents: Ensure stability, work

safety, protection of river bed behind stilling basin, prevention of dyke roof and foot erosion

from flooding.

❖ Stilling basin:

✓ Designed flow rate of stilling basin : 36.77 m3/s

✓ Elevation of stilling basin crest : 24.20 m

✓ Depth of stilling basin : 1.0 m

✓ Elevation of stilling basin bottom : 20.83 m

✓ Elevation of stilling basin’s backyard : 24.00 m

✓ Width of stilling basin and backyard : 80.00 m

✓ Length of stilling basin : 20.00 m

✓ Length of reinforced stilling basin backyard: 30.00 m

❖ Right and left bank:

Total length along the reinforced dyke L= 302.16m, including right bank L= 151.08m,

left bank L= 151.08m; along the right bank of dam, place drainage culvert D600m at k0+280.0m

by centrifugal concrete pipe, 02 ends reinforced by concrete M200.

✓ Elevation of dyke crest : 24.20m

✓ Maximum elevation : 3.37m.

✓ Width of dyke crest : 4.0m.

✓ Roof coefficient : m = 2.00. (river side)

✓ Roof coefficient : m = 1.50. (field side)

❖ Access roads to dam:

Total length of reinforced access road L= 252.65m, including access road to left bank

L= 86.07m, to right bank L= 166,58m;

✓ Elevation of road : 25.00m -:- 29.53m

✓ Width of road peak : 5.0m.

❖ Diversion Canal on both ends of dam:

Total length of diversion canal L= 252.65m, in which left bank L= 86.07m, right bank

L= 166.58m;

✓ Width of canal bottom : 1.70 m

✓ Height of canal : 1.40 m

✓ Rectangular longitudinal slope : 0.0005

IAC | 11

B. Impact Scope

5. For the Repair and Reinforcement of Downstream and Shoulders of Cay Gai Weir

Subproject in Cat Lam commune, Phu Cat district, although permanent impact mitigation

measures have been researched and considered to select optimal options, land acquisition by

the subproject is unavoidable. According to the DMS data, there are 7 households affected by

loss of land, trees and crops with total area of 5,354.1 m2. Of which 4 households are affected

by loss of land at 743.3 m2 (productive forest land) and plants, 03 households are affected by

loss of trees and crops (on 4.610,8 m2 of trees and crops cultivated on unused land rented from

the CPC).

6. For the remaining sections of Luat Le Dyke, there are 51,443,9 m2 land of 65 affected

households (64 households and 1 CPC) in Dieu Tri village, Luat Le village, Van Hoi 1 village

required. The DMS data showed that there are 29 households affected land and trees, structures

(including 02 relocated households). 36 households are affected by loss of crops and trees,

structures (including fence, wells, yards, barns, gates…) rented on CPC’s unused land. Details

are as follows:

Table 1: Summary of Impacts

Component Unit Number

I. Cay Gai Weir (Phu Cat district)

1.1. Affected households HH 7

Number of members in AHs People 28

Households affected with the productive forest area and tress HH 4

Households affected with trees HH 3

1.2. Permanent affected area m2 5,354.1

Productive forest land m2 743.3

Unused land m2 4,610.8

1.3. Households affected with crops and trees* HH 7

1.4. Total compensation, support and resettlement cost VND 32,341,887

II. Luat Le Dyke (Tuy Phuoc District)

2.1. Affected households (AHs) HH 65

Number of members in AHs People 288

Loss of houses, structures (including 02 relocated HHs) HH 17

- Of which, relocated Households HH 2

Loss of land (paddy land, garden land, land for annual trees,

land for perennial trees, unused land) HH 65

Loss of annual trees HH 33

Loss of perennial trees HH 20

Loss of timber trees HH 45

Loss of ornamental plants HH 18

IAC | 12

Component Unit Number

Loss of graves HH 2

2.2. Permanent affected area m2 51,443.9

Paddy land m2 2,106.6

Garden land m2 1,004.4

Land for annual trees m2 2,120.1

Land for Perennial trees m2 888.2

Unused land m2 45,324.6

2.3. Households affected with crops and tress * HH 62

2.4. Relocated electric pole (the line 0.4 Kv) Number 3

2.5. Total compensation, support and resettlement cost VND 1,667,845,516

3. Temporary affected area (Vacant unused land managed by

CPC) m2 1,200

Note: * Number of households affected with crops and trees includes those affected with land.

(Sources: DMS, March/2018)

7. In addition, the subproject implementation will be temporarily affected about 1,200m2

of vacant unused land managed by Dieu Tri CPC in Hiep Long and Luat Le village for carrying

out construction activities of the Contractor (using for machine and material stores). After

completion, the land will be recovered and handed over the Dieu Tri CPC.

C. Implementation Process of the Compensation and Resettlement

8. As of May 20184, the compensation, support for land and on-land assets for Cay Gai

Weir was fully completed. For this item, there is no displaced household. The implementation

process complies with:

Notification of land acquisition: according to the Notification No. 84/TB-UBND

dated 8/5/2018 of Chairman of Phu Cat district PC on Rehabilitation and Repair,

reinforcement of Downstream and Shoulders of Cay Gai Weir, Cat Lam communes,

ENDR project – Binh Dinh subproject;

Detailed measurement survey: carried out in March 2018;

Compensation rate5: According to Decision No. 740/QD-UBND dated 8/5/2018 of

Chairman of Phu Cat District PC on land price adjustment coefficient for

compensation in some construction works in Phu Cat District and Decision on

approval for compensation options No. 953/QD – UBND dated 05/06/2018 of

4 The severe landslide on shoulders of the Cay Gai weir affected people’s lives even worse in the coming wet

season 2018. While the compensation rates were being reviewed and yet to be approved by DPC, PMU has made

fully payment for 07 HHs based on this rate. Having consulted 07 HHs showed their full agreement and satisfaction 5 Compensation payment is under the decision No.953/QD – UBND dated 05/06/2018 and No. 740/QD – UBND

dated 8/5/2018 of Phu Cat District. In addition, local authorities have held the compensation rate survey per 5

years, and the natural resource and environmental division of district have held a quick assessment per year about

the land, house. structure rate (held consultations and disseminated information about compensation rate to AHs)

to decide the price adjustment coefficient (K) for compensation in some construction works in District to ensure

that the compensation rate is equal to market rate at the time of payment and with consent of AHs

IAC | 13

Chairman of Phu Cat District. (see Annex 2);

Progress of Compensation payment: compensation for HHs was implemented and

completed in May 2018. The compensation and assistance rates are not different

with Decision No. 953/QD-UBND.

9. As of May 2018, for remaining sections of Luat Le dyke, the compensation and support

for land and on-land assets and resettlement completed for 60/65 AHs. The implementation

process is specified as follows:

Notification of land acquisition: according to Decision No.1588 to 1624/QD-UBND

dated 3/5/2018 of Chairman of Tuy Phuoc DPC on implementation of Luat Le Dyke,

Dieu Tri town, ENDR Project – Binh Dinh subproject;

Detailed measurement survey: carried out in March 2018;

Compensation rate: Decision on approval for compensation options: approved under

the Decision No. 1679/QD-UBND of Tuy Phuoc district dated 10/5/2018 (See

Appendix 2);

Progress of Compensation payment 6: compensation for 60 households were

completed in May 2018. The remaining 05 AHs who affected by loss of timber trees

in the safety corridor of railway will be paid right after the procedure railway

authority completed expectedly by Q3/2018. 02 displaced households were

compensated and had built houses in resettlement area. The 05 vulnerable

households will be received assistance right after the procedure of Dieu Tri township

completed expectedly by Q3/2018.

10. Land turn-over: 67/72 AHs handed over for construction (60 HHs in Luat Le dyke and

7 HHs in Cay Gai Weir). The land area in the railway ROW managed by railway authority have

not been handed over until the procedure completed expectedly by Q3/2018.

D. Objectives of the Resettlement Due Diligence Report

11. By the fact that the Ha Thanh river bank erosion and downgrade of Cay Gai weir and

Luat Le dyke were seriously and dangerously happening which required immediate relocation

of the households, Binh Dinh province has carried out compensation, support and resettlement

for households with the absence of the RAP prepared and approved. To ensure the compliance

with the World Bank’s Involuntary Resettlement policy as set forth in the approved RPF, this

Due Diligence Review (DDR) report is prepared by Binh Dinh province to review and carry

out assessment on resettlement and compensation, and relocation to ensure that the World Bank

policy and requirements are met.

12. For this purpose, the objective of the DDR report is to assess whether or not the

compensation, support and resettlement have complied with regulation of the GoV and in line

with the WB’s objectives on involuntary resettlement (OP 4.12), and if AH’s livelihood is

restored, or improved as pre-project implementation, and to propose corrective action plans if

necessary to fulfill the requirements.

6 Compensation payment is under the Decision No. 1679/QD-UBND of Tuy Phuoc district before 10/5/2018. In

addition, local authorities have held consultations and disseminated information about compensation rate to AHs.

The rate is equal to market rate at the time of payment and with consent of AHs.

IAC | 14

II. DUE DILIGENCE REVIEW

A. Methodology

13. The Resettlement Due Diligence Review is prepared in accordance with the Resettlement

Policy Framework and Social and Environmental Management Framework was adopted in August

2017. Specific activities are:

Study and check the subproject documents provided by relevant agencies as Binh Dinh

PMU, LFDC of Tuy Phuoc district, Dieu Tri town to ensure that the documents comply

with requirements of the GoV and Donor’s objectives;

Carry out site survey and public consultation with affected people, relevant agencies

to collect quantitative and qualitative information for assessing the performance and

effectiveness of the Subproject;

Assess the compliance of compensation, support and resettlement of the Subproject

with WB’s objectives, policies on involuntary resettlement (OP 4.12), propose revised

and supplemented measures (if any) to ensure that people’s livelihood is remained or

better than before Subproject implementation.

14. Based on such methods, the household survey was conducted from 15/05/2018 to

26/05/2018 in Dieu Tri town, Tuy Phuoc district (for Luat Le Dyke) and in Cat Lam commune,

Phu Cat district (for Cay Gai Weir), Binh Dinh province. Accordingly, 66 HHs (59 HHs in Luat

Le dyke and 7 HHs in Cay Gai Weir) were surveyed with questionnaires and consulted (in-depth

interview and focus group discussion) with issues related to land acquisition, site clearance and

resettlement of the Subproject.

B. Summary of DMS and Compensation Options

15. According to collected information and detailed measurement survey carried out in March-

May 2018 in Tuy Phuoc and Phu Cat districts, the survey was well conducted in project-affected

area; in which (i) affected households were informed about land and asset measurement time and

participated in measurement process as well as signed in the measurement forms; (ii) Land

measurement was implemented mechanically by measurement unit and local cadastral map.

1. Impacts on Land and On-Land Assets

16. For Cay Gai Weir: There are 7 HHs affected by loss of land and assets on land. No HHs

are affected by loss of 20% or more of their total productive land holding (10% for vulnerable

AHs) and none of household are required relocation. Total land acquisition is 5,354.1 m2. Namely:

Impacts on land: The productive forest land: 5,354.1m2, in which 743.3 m2 owned

by 4 HHs and 4,610.8 m2 were rented by 03 HHs from CPC.

Trees and crops: 07 households affected with 1,715 trees (of which 1,693 timbers,

firewood trees, and 22 landscaping trees, ornamental plants).

17. For Luat Le dyke: There are 65 HHs (64 HHs and 1 CPC) including 02 displaced

households affected by loss of land and assets with total acquisition area of 51,443.9 m2. In which:

IAC | 15

Impacts on lands: Of 65 HHs affected total 51,443.9 m2 of land7. No HHs are

affected by loss of 20% or more of their total productive land holding (10% for

vulnerable AHs). In detail:

o 29 HHs affected 2,106.6 m2 paddy land,

o 33 households affected 1,004.4 m2 garden land,

o 33 households affected 2,120 m2 land for annual trees,

o 888.2 m2 land for perennial trees of 20 affected households;

o 45,324 m2 of unused land affected managed by CPC.

- No residential land is affected.

Houses: the affected housing area8 is 226.4 m2 owned by 10 households; in which (i)

08 AHs are only affected by partially loss of their house (metal roof) and viable use

the remaining part of their house9; and 02 AHs are required for relocation due to fully

loss of their house. The 02 relocated AHs had received the land plots10 in the

resettlement site of Tuy Phuoc district and already resettled in their new house.

Structures: 17 households were affected by loss of secondary structures such as

fences, yards, and other structures (gates, shelters, water tanks, etc.) with total area is

1,082.1 m2. There are 3 tombs of 2 households were affected due to subproject

implementation. 03 power poles were relocated.

Trees and crops: It is recorded that 62 households11 were affected total number 13,869

trees, including bamboo, fire wood trees, acacia, eucalyptus, etc.

Vulnerable group: Out of 65 AHs (64 AHs and 1 CPC), there are 5 vulnerable

households (including 2 poor households, 1 households with the disabled and 2 female

headed households with independents).

2. Total Cost of Compensation and Support

18. Basic for calculation of compensation rates:

For Land:

o For Luat Le Dyke. The Tuy Phuoc DPC has issued Decision No. 1029/QD-UBND

dated 16/04/2018 on approval of land price adjustment coefficient for

compensation and site clearance of the Repair and Upgrading Ha Thanh River

Dyke – Section of Luat Le dyke in Dieu Tri town, Tuy Phuoc District, which will

be served as basic for calculating compensation rate for this work. The detail of

7 One AH may be affected by loss of one or more types of land. 8 The houses were illegally built on the land along the safety corridor of river dyke being managed by CPC. As

mentioned in the RPF, the AHs will be not be provided with compensation for the land. For the house/structure is

partially affected, a financial assistance will be provided to enable AHs to repair the affected house/structures to

restore it to the former condition, or better. 9 All affected houses belong to locally classified grade IV made of brick and tiled or fiber cement roof 10 This is one of the special policies of Binh Dinh Province to ensure living stability of people who are residing in

the eroded areas in river bank erosion and strongly affected by natural disasters. 11 One HHs may be affected by more than one type of losses.

IAC | 16

this decision is presented in the Annex 2.

o For Cay Gai Weir. The Phu Cat DPC has issued Decision No. 740/QD-UBND

approving adjusted coefficient of land price for site clearance of some

constructions in the district, inclusive of Cay Gai Weir. The detail of this decision

is presented in the Annex 2.

For Structures and Crop/trees: This will be based on current Binh Dinh provincial

regulations including Decision No. 41/2013/QD-UBND dated 16 December 2013

promulgating compensation rate for damaged houses and structures and Decision No.

21/2017/QD-UBND dated May 2017 by Binh Dinh PPC on compensation rate of trees

and crops.

19. As the results, cost for compensation, support and resettlement of Luat Le dyke subproject

is VND 1,667,845,516, equivalent to $73,473; and cost for the compensation, support and

resettlement of the Cay Gai weir subproject is VND 32,341,887, equivalent to $1,425. The total

cost for the two works are presented in the table 2 bellow.

Table 2: Total compensation, support and resettlement cost for Cay Gai Weir in Phu Cat

district and Luat Le Dyke in Tuy Phuoc district

No. Items No. of

AH Volume Unit price Total

I Cay Gai weir subproject 32,341,887

1 Productive forest (m2) 4 743.3 5,390 4,006,387

2 Trees (tree) 7 1715 27,701,500

3 Site clearance cost 634,000

II Luat Le dyke subproject 1,667,845,516

1 Type of land 276,033,500

Paddy land 29 2,106.6 43,000 90,583,800

Garden land 29 1,004.4 46,000 46,202,400

Annual crop land 29 2,120.1 46,000 97,524,600

Perennial crop land 29 888.2 47,000 41,722,700

2 Trees (tree) 62 13,869 191,876,088

3 Other structures 594,829,811

B40 fence 17 625.25 29,000 18,132,250

Iron gate 4 14.1 365,000 5,146,500

Grade IV house 10 226.4 1,545,000 349,788,000

Well (unit) 8 8 2,500,000 20,000,000

Metal roof 5 54.96 261,000 14,344,560

Barn 8 221.9 414,000 91,866,600

Cement yard 9 166 138,000 22,908,000

Water tank (m3) 3 4.9 1,103,000 5,403,783

Grave (unit) 2 3 1,619,000 4,858,000

Electric post (unit) 3 20,794,039 62,382,118

4 Other support 527,100,000

Rental 2 2 15,000,000 30,000,000

Career change 29 29 16,774,807 486,469,400

Unused land assistance 10,630,600

5 Site clearance cost 31,796,788

IAC | 17

6 Cost for paddy land protection

and development

43,029,650

7 Contingencies for mandatory

inventory and land acquisition

3,179,679

Total 1,700,187,403

(Source: Decisions on approval of the compensation options for the 02 work)

20. Regarding to relocated cases (in Luat Le dyke), they are provided with rental allowances

by cash during transition period. Income restoration program is not applied in this 02 works.

C. Evaluation of Compensation and Resettlement

21. The implementation of land acquisition, compensation, support and resettlement of Cay

Gai Weir and remaining sections of Luat Le dyke subproject is assessed and evaluated as follows:

1. Detailed Measurement Survey, Compensation and Support

22. Implementation of DMS. The DMS was carried out (03/2018) in compliance with GoV’s

procedures and regulations set forth in project RPF. The consultation with affected people about

DMS showed that 100% of surveyed households confirmed that they participated in the DMS

process and signed in the DMS form, 100% respondents said that inventoried data is accurate.

Also, the DMS results were publicly disseminated and all of them agreed with the results. The

compensation minutes are presented in the Annex 1.

23. Compensation rates:

Residential land: There is no residential land is affected, thus compensation rate for

residential land is not applicable. For the 2 relocated AHs who have encroached, built

houses and resided on the land belonged to the dyke safety corridor. At the acquisition,

they were not entitled for in-cash compensation for affected land, but allocated with land

plot(s) at better conditions in the nearby district resettlement area. This is one of Binh Dinh

province’s priority policies to support local residents who are suffering from natural

disaster and climate change matters.

Agricultural land: The two district authorities have issued decisions on approval of land

price adjustment coefficient for agricultural land compensation including (i) Decision No.

1029/QD-UBND dated 16/04/2018 for Luat Le Dyke in Thuy Phuoc district; and (ii)

Decision No. 740/QD-UBND dated 08/5/2018 for Cay Gai Weir in Phu Cat district. The

DDR assessed that the compensation rate (PPC rates applying the K coefficient – the land

price adjustment coefficient) is determined by Binh Dinh PMU and the two District

People’s Committees (DPCs) based on (i) reviewing of current Binh Dinh provincial

regulations on land acquisition and compensation and (ii) following actual land price

survey results carried out by the district functioning agency. In reviewing the methodology

applied for agriculture land prices survey carried out by district functioning agency, it

indicated that the survey methods, samples and price determination follow GoV’s

regulations12 for calculating compensation rates. These applied rates were reflecting the

12 Circular No. 36/2014/TT-BTNMT dated 20 June 2014 of Ministry of Natural Resources and Environment in

method for determination of the land, building price, adjustment land price, specific determination of land price and

consultation of determination of land price.

IAC | 18

current market rates, however, are not fully complied with the valuation of replacement

costs as set forth by the World Bank OP4.12. It is, thus, assessed that the application of

compensation rates is not compliant to the Bank’s policies.

Houses, structures, trees and crops are compensated by the rate stipulated by Binh Dinh

PPC, based on the valuation of market prices for (i) Houses, structures by reviewing some

quotas for list of construction materials, (ii) trees and crops by seeking perceptions of local

seller and agricultural producers… The DDR assessed that the applicable rates were

valuated based on the market costs of the materials to build a replacement structures, plus

all related costs (materials, labor fees, and other costs). Hence, the applicable rates are

suitable to replacement costs and acceptable to AHs. However, the DDR indicated that

there are still 05 AHs who are affected by loss of crop and trees due to construction of

Luat Le dyke (in the section managed by railway authority) have not received

compensation payment. Therefore, the compensation and site clearance of Luat Le is

considered non-compliance with GoV’s compensation policies and the project’s RPF.

Other assistances: In addition to compensation for loss of land and assets, affected

households have received other assistances such as rental allowances (during construction

of house in resettlement area), supports for living stabilization and job changing in the

transition period... However, the DDR indicated that there is no assistance for five (05)

vulnerable households. As provided in the project RPF, these vulnerable households

should be received an allowance of VND 2,000,000 per household. This issue is assessed

non-compliant.

24. Compensation payment: Compensation options are posted at commune/town PC offices

and directly disseminated to the AHs, for disclosure purpose. All 67 HHs received fully

compensation payment in cash. Compensation payment is made based on the DMS acceptable to

AHs.

Compensation payment for Cay Gai Weir. Due to the serious landslide on shoulders of the

Cay Gai weir that impacts on people’s lives, even worse in the coming wet season (2018),

while the compensation rates have yet been approved by the DPC, to ensure the lives and

assets of the people protected, Binh Dinh PMU had made full payment for 07 AHs

applying the proposed rates (in May 2018). The rates then were approved by DPC in June

similar to those applied. All 7 AHs demonstrated their full agreement and satisfaction.

Compensation payment for Luat Le Dyke. At the time of the field survey in May 2018, 60

AHs were fully compensated and assisted. 02 relocation HHs already received the land

plots in resettlement site and occupied for building new houses. The DDR found there are

05 vulnerable AHs pending for allowance and 5 other AHs have not received

compensation (as above mentioned) which will be paid in Q3/2018.

25. Total compensation cost for Luat Le dyke and Cay Gai Weir is VND 1,667,845,516 and

VND 32,341,887 respectively. Affected households said that the received amounts are consistent

with the figure in the receipt and without any deduction. The households proposed to keep a copy

of the DMS form and compensation receipt.

IAC | 19

2. Relocation

26. Out of 72 affected households by both works, there are 02 relocated AHs of Luat Le dyke

subproject. These two each were provided with a land plot in the resettlement site of Luat Le

village, Dieu Tri town, Tuy Phuoc district (with total area of approximately 8,200 m2). This is a

nearby resettlement area at technical infrastructure category IV with full basic infrastructure

(power and water, road). These households already occupied the land plots and built house. Each

land plot is 120m2 in size. Per GOV’s regulation, the AH was subsidized for land price equal to

one fourth of market land value, to ensure living stability of people living in the dyke’s safety

corridor with severe erosion and strongly affected by natural disasters. According to the household

survey, people are strongly supportive of the province’s policy thanks to its helpfulness in living

stabilization for people in the areas that are affected strongly by annual storms, floods and natural

disasters. Affected households in process of acquiring LURC received administrative procedures

assistance. The local authority is in processing of providing LURC for plots in the resettlement

site for these households.

3. Income Restoration Program

27. Besides 02 affected households relocated to resettlement site which is equipped with full

infrastructures and other allowances (rental allowances) none of the 72 affected households

affected with productive land and considered severely affected (impact by loss of 20% or more of

their productive land, and 10% for vulnerable). Therefore, the DDR states that income restoration

program for job creation is not essential.

4. Grievance Redress Mechanism

28. Compliance and grievance redress performance are assessed in two aspects: (i) Grievance

redress mechanism; and (ii) grievance redress time. Grievance redress mechanism is developed

within RPF and has been already disseminated to AHs through community meetings. Grievance

redress mechanism complies with policy framework of the subproject. Complaint records are filed

to keep track of complaint handling progress.

29. Up to now, there has been no complaint related to land acquisition and site clearance of

Luat Le dyke and Cay Gai weir construction. However, a mechanism for collection and resolution

of specific complaints was established to ensure AHs’ rights when they are unsatisfied with the

solutions or when they encounter into any problems arising in the course of compensation,

assistance and resettlement (if any). Complaints will be handled to by competent officers and

directly responsible person in-charge in Site Clearance and Compensation Council at all levels. In

addition, an independent monitoring consultant will be established and work throughout the

subproject to gather information from field surveys to support the Project Owner in aware of

feedbacks from local peoples on related problems as well as holding consultations for prompt

solutions to such problems.

5. Information Disclosure and Community Consultation

30. In general, information dissemination and community consultation have been carried out

throughout the subproject implementation and has been well performed in all affected communes.

Relevant documents such as DMS form, approved detailed compensation plans are publicly

disclosed and informed local people especially AHs in the subproject area.

IAC | 20

31. Information disclosure and community consultation during the implementation of

compensation, assistance and resettlement: Information disclosure and public consultations have

been conducted throughout project implementation phase in order to disclose and disseminate the

subproject information to AHs and the communities in the subproject communes. AHs are

informed thoroughly of implementation plans on resettlement activities, including: (i) public

consultation contents for works, implementation plan, site clearance plan, construction plan, (ii)

detailed measurement survey, (iii) official and legal list of affected persons and entitlements, (iv)

compensation volume and rate, (v) plan on compensation payment and other allowances, and (vi)

other issues such as income restoration program for AHs, grievance redress mechanism,

monitoring and evaluation. Related notifications and documents must be made available at PC

offices of affected town or cultural houses, or posted in easily visible places. Project Information

Booklet (PIB) is given to AHs and made publicly at town People’s Committees, village cultural

houses.

32. For Luat Le dyke and Cay Gai Weir, information disclosure and public consultations have

been carried out from the preparation phase to implementation phase of compensation and

resettlement to ensure that affected households and stakeholders are timely informed of land

acquisition, compensation and resettlement as well as opportunities to participate in and express

wishes and concerns related to resettlement activities. According to the household survey, most

of the households responded that they were informed and understood the subproject as well as the

plan of resettlement activities in the district and were completely satisfied with information about

the subproject information.

33. Information disclosure and community consultation during DDR preparation: In the

process of DDR preparation, many consultation meetings with affected households were held in

May 2018 in order to discuss and evaluate impacts and ensure that feedbacks from local

community will be reflected in the Report.

34. As aforesaid in the previous section, at the preparation, 67/72 AHs have been compensated

and assisted. The information disclosure and public consultation with stakeholders carried out in

May 2018 showed that Binh Dinh PMU, District Compensation and Support Council, LFDC and

stakeholders implemented adequate steps form subproject information disclosure, compensation

and assistance policies, consultation with affected households about land acquisition, construction

and mitigation measures. (Minutes of consultation meetings are shown in Annex 2).

IAC | 21

Table 3: Consultation Time and Locations

Time Location Participants Contents

18/5/2018 Cat Lam

CPC

Land Fund Development Center

of Phu Cat District. (1 person)

Leaders of commune People’s

Committees (2 people)

Representatives of affected

households (7 people)

Consultants (2 people)

Update information

about site clearance

progress.

Discuss compensation

for affected households;

resettlement

arrangement for

displaced households.

Complaints, grievance

and pending cases. 18/5/2018 Luat Le

Town

Representatives of PPMU (1

person)

Leader of commune People’s

committees (5 people)

Representatives of affected

households (59 people)

Consultants (2 people)

(Source: Socio-economic Survey, May 2018)

35. Public consultations forms include meetings, interviews with individuals and focus group

discussions. Local people in affected villages are willing to discuss and share information. Women

and adolescent are invited and encouraged to raise their voice.

36. Results of Information disclosure and Community consultation: Affected households and

local people strongly agreed to support the subproject implementation and are satisfied with the

subproject compensation policies. Besides, AHs reflect impacts and shortcomings of the

subproject and voice their expectations if the subproject are implemented. Details are summarized

in the table below:

Table 4: Summary of Discussions and Comments at Consultation Meetings

Location Feedbacks from the community

Dieu Tri town and

Cat Lam commune

- The AHs are strongly supportive for the project and satisfied with the

subproject compensation policy as well as the resettlement site.

- Up to now, there has been no complaint from AHs

- Local people require the contractor to comply with construction safety,

social environmental as committed;

- The contractor is required to implement strictly in accordance with

schedule and ensure work quality by local authority and people;

(Source: Socio-economic Survey, May 2018)

6. Monitoring

37. The implementation of grievance redress mechanism shall comply with the RPF approved

by WB. The subproject compensation activities should be regularly monitored to ensure the

IAC | 22

compliance with planned schedule and that socially negative impact mitigation measures are

adequately and effectively conducted. Thus, the internal and independent monitoring will be

carried out throughout subproject stages.

38. Binh Dinh PMU is responsible for internal monitoring and overseeing of resettlement

activities. The PMU is responsible for quarterly submitting reports on progress of RAP updating

progress to the WB.

7. Compliance Matrix

39. Based on the assessment of compensation, assistance and resettlement, the compliance

matrix is shown in the table below:

EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT – BINH DINH SUBPROJECT

Due Diligence Review for Luat Le Dyke, Tuy Phuoc district and Cay Gai Weir, Phu Cat district, Binh Binh province

IAC | 23

Table 5: Compliance Matrix

No Type of

impacts Eligibility

Subproject policy/ Entitlement

regulated in RPF

Local applicable policy:

Decision No.34/2014/QD-UBND dated

22/12/2014; Decision No.66/2016/QD-

UBND dated 13/12/2016; Decision

No.41/2013/QD-UBND dated 16/12/2013;


/5/2017; Decision No.13/2015/QD-UBND

dated 7/7/2015 of Binh Dinh PPC

Evaluation

1 Land

Land users with

LURC or eligible

All AHs with LURC, or eligible. All

affected households will be received

compensation for loss of land by (i)

land for land if local land fund is

available and PAP choice or (ii) in

cash at 100% replacement cost

The AHs are compensated or assisted in cash

applying the K coefficient – the land price

adjustment coefficient.

Non-Complied

(33 HHs)

(29 HHs in Luat

Le dyke and 4

HHs in Cay Gai

Weir)

Land users with

unrecognized

LURC

For those who are not been issued

because their house is illegal

constructed on dyke corridors in

accordance with regulations on no

compensation or assistance.

Ahs who have no place to reside will

be provided with a land lot or an

apartment in the resettlement area in

with installment payment or rental.

The AHs will not be compensated or assisted.

AHs will be arranged with a land plot in

resettlement area near the former residence,

with land use fees

Complied

(2 HHs in Luat Le

dyke)

All AHs who are using land on dyke

corridors for planting trees and

building structures.

Cash compensation at 100%

replacement cost for remaining values

invested in such lands and affected

assets created.

The AHs will be compensated or assisted in

cash applying the K coefficient – the land

price adjustment coefficient.

Complied

(39 HHs)

(36 HHs in Luat

Le and

3 HHs in Cay Gai

Weir)



IAC | 24

No Type of

impacts Eligibility


regulated in RPF



22/12/2014; Decision No.66/2016/QD-


No.41/2013/QD-UBND dated 16/12/2013;




Evaluation

2 Structures

Owner

with/without

LURC,

with/without

Construction

Permission

Houses: to be compensated in cash as

set forth in provincial regulations for

the affected part. In case the

remaining part is not viable for further

use, it will be acquired and

compensated under the request of

affected people. Compensation

payment is sufficient provided to

rebuild houses as the same with

previous ones at current market cost.

Other structures: to be compensated

in cash with market price for

materials and manpower.

Detachable and movable machineries,

production lines will be compensated

with costs and broken-down (if any)

in dismantlement, transportation and

installation.

For marginally affected buildings and

structures: support provided in cash

for repairing costs to restore or make

better conditions than before the

subproject.

Compensation price is in accordance with


16/12/2013 of Binh Dinh PPC.

For houses and structures without

construction permission in the planned

locations in the city, upon the scope and

legality of the land, houses and structures, the

compensation and support will be based on

the proposal of the compensation and site

clearance committee.

Complied

(17 HHs in Luat

Le dyke)

3 Trees and

crops

Owner regardless

of tenure status

Perennial trees (timber and fruit

trees): to be compensated at

replacement cost.

Compensation price is in accordance with


/5/2017 of Binh Dinh PPC.

Non - Complied

(64/69HHs)

(57HHs in Luat

Le dyke and 7



IAC | 25

No Type of

impacts Eligibility


regulated in RPF



22/12/2014; Decision No.66/2016/QD-


No.41/2013/QD-UBND dated 16/12/2013;




Evaluation

HHs in Cay Gai

Weir)

4 Subsistence

assistance

Land users: i)

have LURC or

legalizable; and

ii) contracted by

the State and

directly engaged

in agricultural

production

▪ Support to vocational training,

occupation change and job

seeking: Cash assistance equals to

maximum of 5 times of agricultural

land in the same type in land quota

in locality for all areas of acquired

agricultural land, households,

individuals directly take part in

farming; compensation value does

not exceed agro-land assignment

limit in locality. Particular level of

assistance will be decided by PPC.

▪ Allowance for production

rehabilitation: Households,

individuals who are compensated

by agricultural land will be,

supported production

rehabilitation, include: Support for

plant varieties and animal breeds

for agricultural production,

services such as agricultural/

forestry extension, plant

protection, animal health,

cultivation techniques, animal

husbandry and professional

techniques for manufacturing,

- Equal to 2 times of affected land

Complied

(33 HHs)



IAC | 26

No Type of

impacts Eligibility


regulated in RPF



22/12/2014; Decision No.66/2016/QD-


No.41/2013/QD-UBND dated 16/12/2013;




Evaluation

business and commercial services.

Form and level of specific support

according to the provisions of

Provincial People’s Committee.

5 Assistance to

Displaced

households

Displaced

households

▪ Housing relocation assistance:

Cash compensation for displaced

households to new resettlement

area as regulated by PPC;

▪ Housing rent assistance:

households who are displaced,

await for land assignment and

construction of new

accommodation or await for

receiving apartment in resettlement

area, shall be cash assistance to rent

house according to PPC’s

regulations;

Particular assistances are regulated in details

applied for displaced households;

Complied

(2 HHs for Luat

Le dyke)

6 Other

assistances

Vulnerable

households

Vulnerable households are provided:

For poor households:

Poor AHs who have to relocate or lose

more that 10% of their agricultural

land will be supported in cash equal to

30kg of rice per person per month for

24 months or following the provincial

policy whichever is higher.

Other vulnerable groups: including

female headed households with

dependents, households with disabled

Do not have assistances for vulnerable

households.

Non-Complied

(5 HHs for Luat

Le dyke)



IAC | 27

No Type of

impacts Eligibility


regulated in RPF



22/12/2014; Decision No.66/2016/QD-


No.41/2013/QD-UBND dated 16/12/2013;




Evaluation

persons will get the same support

given to poor households in

accordance with the provincial policy

or assisted in cash equal to 30 kg of

rice/person/month for 6 months

whichever is higher.



IAC | 28

Recommendations and Implementation Arrangement

29. The Due Diligence Review for implementation of compensation, support and resettlement

of the two works confirmed that:

For Cay Gai Weir: it is implemented in line with the GoV’s policies and the project RPF, all

07 affected households have received compensation payment.

For Luat Le dyke: 60/65 households have received compensation payments and supports; 02

AHs have relocated out of project area; and already settled down in project resettlement site.

In addition, it is also confirmed:

o Remaining 05 AHs who affected by loss of non-land timber trees in the safety

corridor of railway will be paid in Q3/2018. They should be compensated right after

the procedure with railway authority completed. (List of AHs in Annex 4)

o There is still a gap that no support for vulnerable group is paid as provided in

the project RPF. So it is agreed that Tuy Phuoc district and Binh Dinh PMU will

further work with 05 vulnerable households and to provide them with support

as set forth in the project RPF, with amount of VND 2,000,000 per each

households, expected by Quarter 3/2018. (List of AHs in Annex 4)

30. In assessing the application of replacement rates for compensation, the DDR identified that

the localities were applying the PPC’s compensation rates using the K coefficient – the land price

adjustment coefficient (pursuant to the national regulation) for calculating compensation rates.

These applied rates were reflecting the current market rates, however, are not fully complied with

the valuation of replacement costs as set forth by the World Bank OP4.12. It is, thus, assessed that

the application of compensation rates is not compliant to the Bank’s policies. As agreed, the Binh

Dinh PMU will recruit an independent price appraiser to conduct replacement cost survey for the

whole project, which will be commenced by Q3/2018. Additional compensation rate will be

reviewed further when decision on new RCS rates is taken (if any).

31. Binh Dinh PMU should coordinate with DPCs and competent agencies to compensation for

AHs by Q3/2018. PMU will update and report to Bank for implementation of corrective action of

non – compliance issue.

32. Finally, the DDR report is prepared and submitted to WB for review and approval so that

construction work will be permitted to be implemented in Quarter 3/2018. Binh Dinh PMU will

also carry out internal and external monitoring for following-up activities of the subproject to

ensure that the AH’s livelihood will be at least restored or improved as to pre-project level.



IAC | 29

ANNEXES

Annex 1: Consultation Minutes and Lists of AHs in Dieu Tri Town and Cat Lam Commune



IAC | 30



IAC | 31



IAC | 32



IAC | 33



IAC | 34



IAC | 35



IAC | 36



IAC | 37



IAC | 38



IAC | 39



IAC | 40



IAC | 41



IAC | 42



IAC | 43



IAC | 44



IAC | 45

Annex 2: Applicable Decisions and Legal Documents for the Subprojects

1. Decision on approving of Compensation options for Luat Le dyke Component



IAC | 46



IAC | 47



IAC | 48

2. Decision on approving K coefficient – The price adjustment coefficient of Land of Tuy Phuoc

District.



IAC | 49



IAC | 50

3. Decision on approving K – The price adjustment coefficient of Land of Phu Cat District.



IAC | 51



IAC | 52

4. Decision on approving of Compensation options for Cay Gai dyke Component



IAC | 53



IAC | 54

Annex 3: Summary of compensation for Luat Le dyke and Cay Gai weir

1. The summary of compensation for Cay Gai weir component



IAC | 55



IAC | 56

2. Summary of Compensation in Luat Le dyke component



IAC | 57



IAC | 58


Due Diligence Review for Luat Le Dyke, Tuy Phuoc district and Cay Gai Weir, Phu Cat district, Binh Binh

province

Annex 4: Lists of AHs have not received compensation and assistance

1. 05 vulnerable households have not received assistance

STT Name Village

1 Nguyễn Thị Dự Luat Le Village

2 Phan Thị Chuyền Luat Le Village

3 Nguyễn Thị Bình Luat Le Village

4 Lê Thị Ngọc Bích Luat Le Village

5 Trương Thị Nầy Luat Le Village

2. 05 AHs have not received compensation

STT Name Village

1 Đinh Thị Cúc Dieu Tri Village

2 Đặng Tuấn Vinh Dieu Tri Village

3 Lương Văn Phong Dieu Tri Village

4 Đặng Thị Cúc Dieu Tri Village

5 Huỳnh Văn Tiên Dieu Tri Village



IAC | 60

Annex 5: Project Information Booklet (PIB)

General Context:

The Emergency Natural Disaster Reconstruction

Project – Binh Dinh Subproject will be implemented in

Binh Dinh province, at locations affected by disaster, in

which, rehabilitation of essential infrastructure works

are paid much attention in order for ensuring

subsistence, production and smooth transportation

Project Objectives:

- Repair, improvement and upgrading of production

infrastructure (including irrigation works, dykes, river

embankments, sea embankments, irrigation canals,

domestic water supply, etc.) for production restoration,

protection of local people’s lives and properties and

mitigation of risks caused by natural disasters.

- Overcoming damages on traffic infrastructure to

facilitate people’s travel, goods trading and production

development, creating favorable for transportation of

rescue forces, materials and equipment for emergency

rescue of local people residing in flooded and drought

areas in case of natural disasters and floods.

- Assistance in capacity building of the Client in

project implementation.

Project Components

Vietnam Emergency Natural Disaster Reconstruction

Project – Binh Dinh Subproject consists of 03

components as follows:

➢ Component 1: Resilient Reconstruction of Flood

Damaged Infrastructure in the future

- Repair and upgrading of La Tinh and Can river

system

- Repair and upgrading of Kon river dyke

- Repair, upgrading and new construction of some

collapsed bridges

- Repair and upgrading of some severely damaged

provincial road

- Repair and upgrading of Ha Thanh river dyke

- Repair and upgrading of Lai Giang river dyke

- Repair and upgrading of irrigation system

- Repair and upgrading of weirs


collapsed and deteriorated bridges


provincial roads


district, inter-communal roads

❖ Component 2: Capacity building

❖ Component 3: Project Management

Project Impacts

Surveys are carrying out to calculate accurate number of

affected households.

Who are the affected households (AHs)?

Entitled AHs are those who are located within the

affected area at the date the project is publicly

announced. The cut-off-date for eligibility is the date of

e) Payment of compensation for affected assets and

relocation of AHs to new sites will be completed prior to

commencement of any construction activities.

f) Specific assistance will be provided for ethnic

minorities, female headed-households, families with

disabled, and other vulnerable families.

Detailed Measurement Survey (DMS)

The DMS will only be carried out in the presence of the

AHs. AHs will be informed prior to the survey.

Project Implementation Schedule

The project implementation is divided into two (02)

phases:

First 18-month works (expected to be started

since Quarter 3, 2017):

- Repair and upgrading of La Tinh and Can river

system

- Repair and upgrading of Kon river dyke


collapsed bridges


provincial road

Works to be implemented in the remaining phase:

- Repair and upgrading of Ha Thanh river dyke

- Repair and upgrading of Lai Giang river dyke

- Repair and upgrading of irrigation system

- Repair and upgrading of weirs


collapsed and deteriorated bridges


provincial roads


district, inter-communal roads

When other consultations will take place?

Consultations with AHs will continue during the detailed

design phase and before the DMS. AHs will receive a

written invitation to join the public meetings.

If there are disagreements or problems arising during the

Project such as compensation or general project-related

disputes, do I have the right to complain?

Any AHs may file a complaint or grievance. The Project

includes a Grievance Redress Process and AHs may

present their complaints to the concerned local

administrative officials and RCs, either verbally or in

writing.

The complaint can be filed first at the commune level and

can be elevated to the highest provincial level if the AHs

are not satisfied with the decisions made by the

commune or district. AHs will be exempted from all

taxes and administrative and legal fees associated with

filing and resolving the dispute.

Any questions or concerns about the project, please

contact:



IAC | 61

the notification for land acquisition. Persons who

encroach into the area after the cut-off-date will not be

entitled to compensation or any other form of

resettlement assistance.

What are the resettlement policies and principles of the

Project for affected households?

The basic resettlement principles of the Project are:

a) All APs are entitled to be compensated for their lost

assets, incomes and businesses at replacement cost, and

provided with rehabilitation measures sufficient to assist

them to improve or at least maintain their pre-project

living standards, incomes and productive capacity.

b) Lack of legal rights to the assets lost will not prevent

APs from entitlement to compensation.

c) Compensation for affected assets shall be provided at

market rates.

d) Preparation of resettlement plans and their

implementation is to be carried out with participation

and consultation of affected people.

Binh Dinh Project Management Unit of

Construction Investment Works for Agriculture

and Rural Development;

No. 200 Tran Hung Dao, Quy Nhon city, Binh

Dinh province;

Tel: 0256.3814701; Fax: 0256.3814701;

Email: [email protected].



IAC | 62

Annex 6: Socio-Economic Survey

SOCIO-ECONOMIC SURVEY QUESTIONNAIRES

Monitoring and assessment of implementation of Safeguard Policy

Type of Impacts: 1. Partial 2. Resettlement

I. Information on Affected Householders

1.1 Householder

1 Name of householder

2

Gender

3 Age

4 Ethnic group 1.Kinh 3.Hoa

2.Cham 4. Others

5 Marital status 1. Married 3. Divorced

2. Widowed 4. Single

6 Education level 1. Illiterate 4. High school

2. Under primary school 5. College, university

3. Primary school 6. Post-graduate

7 Main occupation 1. Agriculture 6. Civil servant

2. Fishery 7. Teacher, Health worker

3. Trading 8. Unemployed, looking for a job

4. Driver 9. Not working (retirement or housewife)

5. Hired employee 10.Others…………………………

8 Status of residence 1.KT1 3.KT3

2.KT2 4.Others…………………………..

1.2 Family members

No. Subjects Total

1 1. Number of regular family members

2 2. Number of employees (over 16 years

old)

II. Project Information Disclosure

2.1 Do you know the project?

1.Yes 2. No (move to question 10)

2.2 Where do you get the project information?

1. Flyer 4. Local authorities

2. Information board 5. Project staff

3. Mass media 6. Meeting of residential group

7. Others (specify)

2.3. Do you understand all the subproject policies and benefits through propaganda?

1. Yes 2. No



IAC | 63

If not, Why:

1. Unclear propaganda 3. Do not know who to ask

2. Don’t care 4.Others

III. Inventory of Loss

3.1 Were you prior informed about IOL time?

1.Yes 2.No

3.2 Did you participate in the IOL?

1.Yes 2.No

3.3 Do you have any property that is missed out in the IOL?

1.Yes 2.No

If so, what is it? Status?.................................................................

3.4 Is the inventory of loss accurate?

1.Yes 2.No

3.5 Did you review and sign the DMS form?

1.Yes 2.No

3.6 Did you keep a copy of compensation payment sheet?

1.Yes 2.No

IV. Compensation and Assistance:

4.1 Were you consulted about selection of compensation options? (For example, in cash, "land for

land", house exchange, etc.)

1.Yes 2.No

4.2 Did see the payment sheet?

1.Yes 2.No

4.3 Have you received all the compensation yet?

1.Yes 2. No

If yes, which type of compensation?

1. Land 2. Assets

3.Others (tree....)

Reason………………………………………………………..

4.4 When did you receive the compensation payment?

1. Prior to construction

2. During construction

3. After construction

4.5 1. Life stabilization

2. Job change and training

3. Allowance for moving

4. Support for vulnerable group

5. Self-relocation assistance

6. Others (clarify …………………………………….)

7. Nothing

8. Yes, but have not received, clarify .................................... ...

4.6 Are you satisfied with the compensation rate?



IAC | 64

1. Yes 2. Acceptable 3. No

If not, why?

…………………………………………………………………….

V. Resettlement

5.1 Was your family arranged for relocation?

1.Yes 2.No

If so, where is the resettlement site? :………………………………………………

5.2 Did your family get prior notice or participate in the meeting of selecting resettlement site

where you will relocate?

1.Yes 2.No

5.3 Do you think that the project resettlement site is convenient for your family??

1. Very convenient 2. Convenient 3. Not convenient

If not, please specify the reason:

……………………………………………………………………………………………

……………………………………………………

5.4 Do land plots in the resettlement site have been properly arranged?

1. Yes 2. No

If not, why? (please clarify):

……………………………………………………………………………………………

…………………………………………………

5.5 Have the infrastructures in the resettlement site of the subproject been fully equipped?

1. Yes 2. No

If not, lack of which infrastructure:

1. Assess and internal roads

2. Electricity

3. Domestic water

4. Public works: cultural house, campus

5. Drainage system:

6. Others

5.6 Are you satisfied with the available resettlement site?

1. Very satisfied

2. Satisfied

3. Unsatisfied

4. Very unsatisfied

VI. Livelihood Restoration and Improvement

6.1 How did your life change compared to before the project

1. Better 2. Unchanged 3. More difficult

If it is more difficult, why? …………………………………………………………………………

6.2 When the land was acquired, did any family member lose his/her job?

1.Yes 2. No



IAC | 65

6.3 Did your family receive any help from local authorities in life stabilization? (For

households losing more than 10% of agricultural land)

1. Vocational training 2. Employment services

3. Credit access 4. Others

VII. Complaints and grievance redress

7.1 Do you have any complaint?

1.Yes 2.No

7.2 Has your complaint been resolved?

1. Yes 2. No

How long :……………………………………………………………….

VIII. Contribution

8.1 Did you make any contribution for the project implementation?

1.Yes 2.No

If so, what is it?:

1. Money 2. Land 3. Others............

8.2 Can you give some comments and suggestions for the project?

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

……………………………………….

….month…….. 2018

Respondent Enumerator

(Signature, full name) (Signature, full name)

DETAILED MEASUREMENT SURVEY

FOR AFFECTED HOUSEHOLDS

A. SOCIO-ECONOMIC PART

Survey area: ..................... .. Ward / Commune / Town ................ District...................................

Component: ...............................................................................

Name of respondent: ........................................................................

Age: ............ Gender: Male Female Relationship with householder: ...........

1. Information about affected household

1.1 Householder

1 Name of householder

2 Gender 1- Men

2- Women

3 Age

4 Ethnic group 1- Kinh/ Vietnam 3- Hoa

2- Cham 4- Others (clarify)……..



IAC | 66

5 Marital

status

1. Married 3.Divorced

2. Widowed 4.Single

6 Education

levels

1. Illiterate 4. High school

2. Under primary school 5. College, university

3. Primary school 6. Post-graduate

7 Main

occupation

1. Agriculture 6. Civil servant

2.Fishery 7.Teacher, Health worker

3. Trading 8. Unemployed, looking for a job

4. Driver 9. Not working (retirement or housewife)

5.Hired employee 10.Others…………………………

8 Status of

residence

1- KT1 3- KT3

2- KT2 4 -Others…………………………..

1.2 Members in family

Total

1 Number of regular family members

2 Number of employees (over 16 years old)

2. Living conditions

1 Energy-lighting

......................

1- National grid 4 - Fuel 7 - Coal

2- Generator 5-Gas 8- Firewood

3- Battery 6- Candle 9- Others

2 Energy-cooking

......................

1- Electricity 3. Coal 4.Gas

2- Firewood 5. Others..............

3 water sources for

domestic activities

1- Rain water 4- Tap water 6- From seller

2- Well 5- Canal, river, pond 7-Others

3- Drilled well

4 Toilets 1- Two compartment toilet 3- Public toilet

2- Indoor toilet 4. No toilet

3. Household income and expenditures

3.1 Income sources

1 Main income sources 1- Agriculture 6. Civil servant

2- Fishery 7.Teacher, Health worker

3- Trading 8. Unemployed, looking for a job

4- Driver 9. Not working,(retirement or

housewife)

5- Hired employees

10.Others…………………………

2 Minor income sources

3.2 Total income

Source VND/month VND/year

1 Main sources

2 Minor sources

3 Total (from all the

sources)

4. Household expenditures



IAC | 67

4.1 Average

expenditure/month

………………………………… dong

4.2 Who is decision maker on

spending in your family?

1- Husband 2- Wife 3- Both

4.3 Does your family have

any monthly savings?

1- Yes 2- No

5. Household classification (According to MOLISA)

1 Type of

household

1- Not poor 2 - Poor 3- Very poor

2 Family

under

preferential

treatment

policy

1- War invalids 3- People with Meritorious

Services to the Revolution

2- Martyrs 4- Vietnamese Heroic Mother

B. DETAILED MEASUREMENT SURVEY (DMS)

Project items ..............................................

1. Occupied land

What are types of affected land?

No. Total

area

(m²)

Affected

area

(m²) When the first

time of using

the land?

Land title

Current

status of

land use

Permanent Temporary

1 2 3 4 5 6

1.1 Residential

land

1.2 Paddy land

1.3 Garden land

1.4 Forest

land/cultivating

land

1.5 Shrimp/fish

farming pond

1.6 Other

agricultural

land

1.7 Non-

agricultural

land

First time of using the land: Title:

1- Before 12/1980 1- LURC or legible to LURC

2- From 01/1981-15/12/1993 2- Hire, borrow or temporary use.

3- After 15/12/1993 3- Have no legal title to the land

Current status of use:



IAC | 68

1- For living only 6- 3-crop rice 11- Perennial crops

2- For living and trading 7- 2-crop rice 12- Shrimp, fish farming

3- Only for store 8- 1-crop rice 13- Intensive shrimp farming

4- Production place/ garage 9- Cash crop 14- Combine between rice and shrimp

farming

5- Community activities 10- Vegetables 15- Others (specify).....................

2. Affected structures

What is the MAJOR structures affected by the subproject?

No. Type of

Structures

Total area

(m²)

Affected

area

(m²)

Grades

of

house

Current

status

of

usage

APs rent house How are

structures

affected?

Yes Rental/month

(VND)

1 2 3 4 5 6 7 8

2.1

2.2

2.3

2.4

Using purposes

1- For living only 3- Store 5- Community

2- For living and trading 4- Industrial/warehouse 6- Others:

Grades of house:

1- Grade 1 4- Grade 4

2- Grade 2 5 - Temporary house

3- Grade 3

Current status of use:

1- Living 5- Industrial/trading/warehouse

2- Living and trading 6- For rent

3- Trading 7- Others (specify).....................

4- Community (school, etc.)

Which AUXILIARY WORKS are affected by the subproject?

No. Type of

Structures

Affected parts Type of

initial

construction

materials

How are

structures

affected?

m² M Quantity

1 2 3 4 5 6

2.5

2.6

2.7

2.8

2.9

2.10

Structures



IAC | 69

1- Porch 6- Fence 11- Electricity meter

2- Porch/wall and yard 7- Gate 12 - Water meter

3- Trading Kiosks 8- Drainage culvert 13-Telephone line, ADSL

4- Separate Kitchen/ toilet/bathroom 9- Well 14- Water pipeline

5- Cattle houses 10- Graves 15- Others

Primary construction materials:

1- Bamboo 4- Concrete

2- Timber 5- Iron/steel

3- Brick 6- Others.............................................

3. Affected trees

No. Affected amount Size/age

Type of trees Quantity m² Year

Diameter

(cm)

1 2 3 4 5

3.1 Group 1

3.2 Group 2

3.3 Group 3

3.4 Group 4

3.5 Group 5

3.6 Group 6

3.7 Group 7

Group 1 - Longan, Coconut, Mango, Star apple

Group 2 - Orange, mandarin, grapefruit, custard apple, cherry

Group 3 - Guava, Cashew, pepper, Pitaya

Group 4 - Papaya, Banana, Others

Group 5 - Pineapple, Sugarcane

Group 6 - Eucalyptus, Pear, Acacia, Meliaceae

Group 7 - Melaleuca, Bamboo, Other

C. CONSULTATION ON COMPENSATION AND RESETTLEMENT

1. What kind of compensation would you like to receive?

1- Land exchange for self-construction

2- In cash

3- Both in cash and land exchange

4- Others (specify).................................................................

2. (For relocated households) Where do you want to relocate?

1- Within the current ward

2- In a resettlement area of the City

3- Apartment

4- Seft buy/arrange residence

5- Others (specify).................................................................



IAC | 70

3. Is your family willing to contribute to the construction of local/city infrastructure (with households

in Component A)?

1- Yes (Continue with question 3.1)

2- No (Continue with question 3.2)

3.1 If so, how would you like to contribute?

1- Donate affected land (no compensation)

2- Donate affected structures

3- Money

4- Others (specify).................................................................

3.2 If not, why?

1- Have money to contribute

2- It is the responsibility of the government

3- Others (specify).................................................................

4. Do you have any suggestion about project assistance programs?

1- Vocational training Occupation…………….....

2- Borrowing

3- Job creation

4- Others Specify..............................

5- Have no idea (please answer question 5)

If there is no suggestions, what do you plan to restore your family’s income?

(Specify................................................................................................................................................)

5. Do you have any other ideas about compensation/assistance?

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………..

Thank you for time

Confirmation of household Enumerator



IAC | 71

Annex 7: Some Photos about Current Status of the Project Site and Public Consultation

Current status of construction site of Cay Gai Weir Current status of construction site of Cay Gai Weir

Current status of construction site of Cay Gai Weir Current status of construction site of Cay Gai Weir



IAC | 72

Houses under construction in resettlement area Basic infrastructure in resettlement area

Public consultation in Dieu Tri town