world bank document · cao lanb city sub-project resettlement plan . land acquisition the process...

DO. G TRAP PROVL~CE PEOPLE' COMMITTEE CAO LAND CITY PEOPLE'S COMMITIEE WORLD BANK (\VB)

RESEnLEMENT PLA

EKONG DELTA REGION - URIAN UPGRADING PROJEO

(MDR - UUP)

CAO lANH (I SU8·PROJEa - DO G THAP PROVINCE

PACTFI OCEAN E 'GLa:F.RING JOIm STOCK eO'\.fPAN\' (peo)

Cao Lanh - 12/2011

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PEOPLE'S COMMITTEE OF DONG THAP PROVINCE

CAO LANH CITY PEOPLE'S COMMITTEE WORLD BANK (WB)

RESETTLEMENT PLAN REPORT

MEKONG DELTA REGION URBAN UPGRADING PROJECT

CAO LANH CITY SUB-PROJECT

DONG THAP PROVINCE

Project owner

CAO LAN" CITY PEOPLE'S

Consultant

PACIFIC OCEAN ENGINEERING

\J~~~ COMPANY (PCO)

Mekong Delta Region Urban Upgrading Project (MDR-UUP) CaoLanh Resettlement Plan

TABLE OF CONTENTS

LIST OF T ABLE ......................................................................................................•.............. 3

LIST OF FIGURE ........................................................................•.......................................... 4

DEFINITION 0 F TERMS .......•.........•.....................•.........•.............•.•......•..............••.•.•.•....•. 6

REPORT SUMMARY .•.......•...................•.............................•................•......•..•.•.......•........•.. 8

1- GENERA.L INTRODUCTION ....•....•.............•...•...................•.......•..•..•.•...................•.•.. 11

1.1 Project overall ...•.....•..••..•.....••••........•....•........................•.....••..............•.........•.•..•.........••• 11

1.2 Economic and Social Surv-ey .................................................•....•.•..•...................•••....... 16

II - MITIGATION MEASURES .................•.......................•..••••••.......••.........•..•.•................ 17

2.1. Objectives •.......•..•.••.•.••...•........•..•...•..•.....•.......•.........••.•.••......•••••••...•...•...............•....••.•• 17

2.2 Mi tiga tio n m eas ures •.••.....•...•.•.•......•...•.•.....•.•....•.............•...•••.••......•..........••....•...•.....•.. 17

III -IMP ACT OF LAND ACQUISITION •.•................•.••......••.•......•...•...•........•................. 19

3.1. Overv-iew of land acquisition •..•.•.••........•..•..••.•....•..••.....•..••.•.••.••••.....•...............•.......... 19

3.2 Listing of affected assets •......••••.•......•••••••.......•.•........••••••••.....•.•.......•••••..•.•.•....•........•..• 20

3.3 Screening of linked projects •••••••.••••.•••....•.•..••...•••.••.•.......••••••......••••........•..•..........•.•••.. 26

IV -SOCIO-ECONOMIC INFORMATION ••.•.................•••••••••....••.•....••...••..•.•.•.....•..•.•... 30

4.1 Project area ..•...••.•••••..••..•••••....••.••••••.•.•.....••......•.....•..•.•.•.•..•.....•.••.•••••..•.•...•.......•........•.•• 30

4.2 The project area •••••......••••••••...•••••.••.•...........•••............•........•••••••....•••..•....•.•••••.•.•........... 32

v - POLICY FRA.MWO"RK AND RIGHTS •......•.....•.....•......•.•.......•.••••.•..•.•....•..............•. 41

5.1 Legal Framework .•.•.........•.••.•..•...•••..............••.•....•.......•..•.••..•..•...•..........•.........•••........ 41

5.2 Required Waivers ......•.•••........•..•••....•..•.••......................•...•.•........•......•.••...................••• 48

5.3 Principles and Objectives ..•...••••••...........•.....•.....•.•...........•..•..•.••...•.•......................•....•. 48

5.4 Policies and Rights ••..••••.•.••••.••.......•..•.......•.•.•••...........••..•..•.•.••..•.....•.••......•.••••.......•........ 49

5.5 Voluntary land donation .•.••••........••..........•..••...•..••••••.........•••.......••••....•................••....•.. 53

VI -RESETTLEMENT AREA .•••••.........••••••.•.•...•...••.......•..•..•••..••••.••........•••.•..•..•.•••.••....... 55

6.1 Resettlement demand assessment ................................................................................... 55

6.2 Preparation of resettlement sites .................................................................................... 57

6.3 Temporary residence and resettlement allocation ........................................................ 61

VII - LIVELIHOOD RECOVERY PROGRA.M ............................................................... 64

7.1 Overall ...••...........•..•..•••...•.....••...•....•.•.•••••.................•..•.••...•.............•....•.•.•.....•.......•..•... 64

7.2 Demand analysis ••••.••.......•.•••••..•••.••.•••.....•..•.•.•..••••..••......•.••.•..••.....••........•••.....•.•.•.•••••.• 64

7.3 The proposed income restoration program ................................................................. 65

VIII -INSTITUTIONAL ARRANGEMENT ........•......................•.•.•......•.•......•................• 67

8.1 Institutional framework ••••.••..••...•...••. , •••.•...•••..•........•...•..••• , •••.•..•••.••..• " .•.••••••••.••... , ....• 67

8.2 Responsibilities of the relevant parties ........................................................................ 67

IX-IMPLEMENTATION PLAN •..••..••......•.• " .•.....•...........••..........•••...........•.........•.•••........ 72

Pacific Ocean Engineering JSC (PCO) 1

Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanb City sub-project Resettlement Plan

9.1 Major activities ............................................................................................................... 72

9.3 Implementation plan ....................................................................................................... 74

X -CONSULTATION AND PARTICIPATION ................................................................ 76

10.1 Objectives and policy ................................................................................................... 76

10.2 Process of consultation and participation ................................................................. 77

10.3. Community consultation ............................................................................................. 82

XI -GRIEVANCE AND REDRESS MECHANISMS ....................................................... 84

11.1 Responsibilities ............................................................................................................. 84

11.2 Claim procedure .......................................................................................................... 84

XII -MONITORING AND ASSESSMENT ........................................................................ 86

12.1. Internal monitoring and evaluation ............................................................................ 86

12.2. External monitoring and evaluation (Independent monitoring) ............................ 87

12.3. Evaluation ...................................................................................................................... 88

12.4. Approaching method .......... ~ ........................................................................................ 88

XIII -COST ESTIMATION ................................................................................................. 89

13.1 Legal Framework. ........................................................................................................ 89

13.2 Funding Source for implementing RP ....................................................................... 90

13.3 Replacement price research ........................................................................................ 90

13.4 Cost Estimate ............................................................................................................... 92


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh Resettlement Plan

LIST OF TABLE

Table 1 Scope of project impact ................................................................................................. 8 Table 2 Scope of project impact ............................................................................................... 19 Table 3 Total of the households affected with residential land ................................................ 20 Table 4 Total of the households affected with agricultural land .............................................. 21 Table 5 House impact ............................................................................................................... 22 Table 6 Summarizing the affected volume of architecture works and things .......................... 23 Table 7 Summarizing the affected volume oftrees .................................................................. 24 Table 8. Information of potential linked projects against Cao Lanh city sub-project .............. 26 Table 9 Natural population growth rate .................................................................................... 32 Table 10 Total social Gross Domestic products (GDP) ofCao Lanh city in 2007 - 2009 ....... 32 Table 11 Population .................................................................................................................. 35 Table 12 Plan of urban land use ofCao Lanh city to year 2020 .............................................. 36 Table 13 Education structure of inhabitants of households located in the areas affected by the Project (percentage %) .............................................................................................................. 37 Table 14 Household income source' structure ........................................................................... 38 Table 15 Income distribution of residents living in project affected areas (percentage %) ..... 39 Table 16 Groups of vulnerable households living in affected areas ........................................ .40 Table 17 Difference between the Compensation, Assistance and Resettlement Policies of the GOV and the WB OP4.12 for the Urban Upgrading Project for Mekong Delta ................... .44 Table 18 Total resettlement/temporary resettlement demand .................................................. 55 Table 19 Determination of infrastructure standard for resettlement area ................................. 58 Table 20 Resettlement area conditions ..................................................................................... 61 Table 21 Proposed resettlement allocation and temporary resettlement ................................. 62 Table 22 Desire of assistance of residents ................................................................................ 64 Table 23 Implementing plan ..................................................................................................... 74 Table 24 Summarizing of the community consulting ideas ..................................................... 83 Table 25 Replacement price ..................................................................................................... 91 Table 26 Cost of assistance, compensation and resettlement.. ................................................ 93


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-project

LIST OF FIGURE

Resettlement Plan

Figure 1 Structure of Gross Domestic Products GDP) through years (%) ............................... 33

Figure 2 Annual growth rate of GDP of Cao Lanh city ........................................................... 33

Figure 3 Labor rate with employment and unemployment of Cao Lanh city in 2009 ............. 35

Figure 4 Income level of households ........................................................................................ 39

Figure 5 Resettlement area ....................................................................................................... 58

Figure 6 LIA 4 .......................................................................................................................... 59

Figure 7 Kenh Cho Residential Area ........................................................................................ 60



ABBREVIATION

PMU-MOC Project Management Unit - Ministry of Construction

DMS Detailed Measurement Survey

EIA Environmental Impact Assessment

FS Feasibility Study Report

WB World Bank

RP Resettlement Plan

RPF Resettlement Policy Framework

BP Business Production

TOR Term of reference

PC People's Committee

LIA Low income area

GRM Grievance redress mechanism


Mekong Delta Region Urban Upgrading Project (MDR-UlJP) Cao Lanh City sub-project Resettlement Plan

DEFINITION OF TERMS Displaced person (DP)

Resettlement Assistance

Cut-off date

Entitlement

Host community

Income restorationlLivelihood improvement Inventory of Losses

The persons who are affected by involuntary taking of land, resulting in:

(a) . Relocation or loss of shelter; (b) Loss of assets or ability to access such assets; (c) Loss of income sources or means of livelihood, regardless of relocation; and

(d) The involuntary restriction of access to legally designated parks or protected areas causing adverse impacts on their livelihoods

Additional support provided to DPs who are losing assets (particularly productive assets), incomes, employment or sources of living, to supplement the compensation payment for acquired assets to achieve, at a minimum, the full restoration of living standards and quality of life same as their pre-project condition.

Approved when the project boundaries are marked on the ground and announced to DP and local people. Displaced Person and local communities will be infonned of the cut-off date for each Project component, and any persons moving into the project area after that date will not be entitled to compensation and assistance under the Project.

The range of measures comprising compensation, assistance, income restoration support, transfer assistance, income substitution, relocation and resettlement support, which are owed to the DPs to restore their economic and social base depending on the type and severity of their losses.

A community in the proposed resettlement sites.

The restoration and/or improvement of income sources and livelihoods of relevant DP.

The process of identification, location, measurement of replacement cost of all fixed assets that will be recovered or adversely affected by, or because of, the project. These include, (without limitation or being an exhaustive list) lands used for residence, commerce, and agriculture; ponds; dwelling units, stalls and shops; other structures such as fences, tombs, and wells; trees with commercial value; and sources of income and livelihood. It also includes assessing the severity of the impact on the DP' affected land, assets, assets livelihood and productive capacity.



Land Acquisition The process by which all or part of land and assets owned, possessed, occupied or used by an individual, household, firm or private institution is involuntarily by the State.

RelocationlResettlement The physical relocation of a DP from their pre-project place of residence and/or business.

Replacement Cost The amount which is demanded to replace an affected asset without depreciation or deductions for salvageable materials; inclusive of taxes, and/or costs of transactions. It is calculated before displacement as follows:

Replacement Cost Survey

Vulnerable Groups

(i) Productive land (agricultural, fishponds, gardens, forests) based on market prices that reflect recent land sales of comparable land in the district and other nearby areas or, in the absence of such recent sales, based on the land's productive value;

(ii) Residential land based on market prices that reflect recent transactions of comparable residential land in the district and other nearby areas or, in the absence of such recent land transactions, based on transactions in other locations with similar qualities;

(i~i) Houses and other related structures based on current market prices of materials and labor without depreciation or deductions for salvaged building materials plus fees for obtaining the ownership papers;

(iv) Standing crops based on the current market value of the crop at the time of compensation;

(v) Perennial crops and fruit trees will be compensated by cash equivalent to the current market value given for the type, age and productive value of such trees (future production) at the time of compensation.

The process involved in determining the replacement cost of land, houses and other affected assets based on market surveys.

Individuals or distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the. effects of land and assets recovery or resettlement specifically including: (i) female headed households and dependents are disadvantaged; (ii) disabled individuals; (iii) households with disabled persons; (iv) households falling under the current MOLISA benchmark poverty line (v) children and elderly households who are landless and with no other means of support; (vi) landless households; (vii) ethnic minorities. List of Vulnerable Group will be determined during project preparation through socio-economic survey and public consultancy.



REPORT SUMMARY

Resettlement Plan

This Resettlement Plan (RP) is prepared for the Mekong Delta Urban Upgrading Project -Cao Lanh City Sub-project, Dong Thap province, funded by World Bank. In this Sub-project there are three components that will require land acquisition: Component 1- Tertiary Infrastructure Upgrading In Low-income Areas (LIAs); Component 2 - Supporting Primary and Secondary Infrastructure; and Component 3 - Resettlement Sites. The Resettlement Plan will include results of Socio-Economic Survey (SES); statistics on the properties affected in the project; the methods used .to determine the replacement cost, including actual compensation levels; benefits and policy regarding impacts determined through surveys, research; description of resettlement areas and programs to improve or restore livelihoods; implementation plan for the resettlement activities and estimated costs. In particUlar, this Resettlement Plan (RP) comprises the principles, rights and valid standards, implementation, monitoring and evaluation, policy framework for the participation and consultation with the community, and the mechanism of complaints and complaints settlement.

Scope of land acquisition and impact of land acquisition

According to the project design, it will include works to upgrade infrastructure in the areas of the wards 1,2, 3,4, 6, 11, Hoa Thuan, Hoa An and Tan Thuan Tay of Cao Lanh city, Dong Thap province. Overview of the scope of the project impact is expressed as follows:

Table 1 Scope of project impact

Work items

Major impacts C·omponent 1 Component 2 Component 3 Total

1. Affected Households (No) 1,327 945 61 2,333

Affected person 5,972 4,253 275 10,499

In which

+ Affected Household with residential land 712 110 20 842

+ Affected Household with agricultural land 615 835 41 1,491

+ Affected Household with houses 712 110 20 842

2. Affected area (m1) 134,739.42 95,174.90 101,564.97 331,479.30

In which:

+ Residential land area ·62,661.67 20,948.72 2,000.00 85,610.39

+ Agricultural land area 40,582.30 18,042.89 99,564.97 158,190.17

+ Other area (managed by People's Committee) 31,495.45 56,183.29 68,191.98

+ Area of affected house 69,844.09 17,412.82 2,214.63 89,471.54

3. No. of relocated household 194 110 20 324


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-project Resettlement Plan

4. No. of rearranged household 1 518 0 0 518

5. No. of households doing business 357 512 5 874

6. No. of affected households with trees and fruits 615 835 61 1,511

Mitigation measures. During the project preparation, there was close coordination between the teclmical consultant and the social safeguard consultant to achieve 2 objectives: to promote effectiveness of the investment projects and simultaneously minimize land acquisition.

During the research for the socio-economic survey and consultation with project affected communities, the consultation Groupi had undertaken several measures to mitigate the project impacts (through working out appropriate resettlement compensation and through people's consensus towards the project objectives), which included advocacy, community meeting introducing infonnation about the project and the role of people in the preparatory process as well as during the period of implementation of the project. At the same time, mitigation for the impact of temporary construction period was studied and options proposed in order to avoid or minimize negative impacts.

Policy framework and benefit

The basic principle applied for the preparation of this resettlement plan is: the people affected by the project should be assisted with their efforts to improve, or at least to be equal to, the standard of living, income-generating capacity and production levels as compared to the time before the project implementation. The lack of legal basis for the land use does not hinder affected households from the entitlement of compensation and/or assistance for economic recovery. Property damage must be compensated on the basis of the replacement cost.

The cut-off-date for eligibility for entitlement will be expected as January 2012 after approving the project feasibility study (PS) and announcing infonnation to DPs. Displaced Persons and local communities have been infonned of the cut-off date and the fact that anyone moving into these areas after that date will not be entitled to compensation and assistance under the Project.

Livelihood restoration program

The livelihood restoration program is one of the most important activities in the process of implementation of the resettlement compensation. The majority of the population wants the project to assist in the vocational training and employment referral, so these programs supporting job training and job referral have been identified and will be applied to the project.

Institutional Arrangement

The involuntary resettlement activities will be under the management and supervision of the PMU of Cao Lanh City and directly implemented by the City Council for Compensation, Assistance and Resettlement. During project implementation, there will be close coordination among officials of the related agencies, including City Council for Compensation, Assistance

1 HHs which are affected by land acquisition for tertiary Infrastructure Upgrading in LIA 4 and Kenh Cho -LIA 2. These HHs are temporarily relocated. They will be rearranged as the infrastructure is comprehensively constructed



and Resettlement, the PMU staff, ward officials, local population in the project area and resettlement specialists

Implementing plan

The Resettlement Plan (RP) will be implemented in alignment with the project construction works. The affected households are expected to be compensated before the site clearance which starts January 2012.

Consulting and participating

The local authorities, local communities were consulted through meetings and affected households socio-economic surveys and an inventory of losses were undertaken. Particularly households that will be relocated took part in the community meetings prepared where dissemination of information on the project was undertaken and where the extent of the impact of the project explained to affected households / The information obtained during consultations was useful in the formulation of resettlement plan of the project andn also will help in the implementation process. Consultation strategy during project implementation has been developed and incorporated in the RP.

Monitoring and assessing

The detail implementation of this RP will be internally monitored and checked and reported by the PMU. Also, an independent monitoring unit will hired to oversee the implementation of the RPand evaluate the status on the living standards of the people affected during and after the resettlement

Grievance and redress mechanisms

In the process of implementation of the RP, grievances Claims, queries, complaints of affected households will be settled by the independent Grievance Redress Panel (or Committee) of the project fairly and quickly. The Grievance Board consisting of Chairman who is Vice Chairman of the Provincial People's Committee; Vice Chairman of the People's Council as Leaders of natural resources and Environment department of the city; Standing member as the project owner and other members including representatives of the Department of Finance, Department of Construction, Finance - City Planning; Department Urban City; City Inspector, Centre for Land Fund Development, representatives of Committees people, the Fatherland Front commune/ward where the land is recovered, representatives of City lawyers Association, representatives of the households whose land is recover from one to two.

No administrative fees will be charged for handling claim. A PMU staff will be assigned to be in charge of Grievance Redress Mechanism (GRM). Information on the GRM will be widely disseminated to affected people in the project area on on-going basis during the project implementation.

RP s Cost estimation

Total cost for implementation completion of RP is expected to 335,942,000,071 VND, equivalent to USD 16,387,414. This funding includes the cost of compensation for land and assets affected by the project, the income recovery program, transitional assistance, and monitoring, administrative management and contingency costs.



I-GENERALINTRODUCTION

1.1 Project overall 1.1.1 Context

Resettlement Plan

Vietnam is in the process of industrialization and modernization, which is causing inevitable phenomena of urbanization with a dramatic population increase in the major cities of Vietnam.. Meanwhile, investment in infrastructure and public services in urban areas are lagging behind demand. The low-income areas (LIAs) have been unintentionally established, and continue to expand with the insufficient infrastructure and poor public service. This is detrimental to the environment and health condition of people on a large scale. Therefore, Government of Vietnam (Go V) at all levels pay attention to the challenging process of urbanization with the targeted innovation, and low cost interventions. Achievements have been made in the area of poverty reduction and economic growth, but the problem of inequality in urban areas still exists with lack of basic services such as housing, water supply and sanitation. The LIAs usually have a high population density and lack of basic infrastructure. The housing quality is often very low, many houses are built along the canals and ditches, and often have limited access to clean water and have almost no drainage system. Flooding status regularly occurs due to inappropriate sewer system. The poor toilet system often leads wastewater to be directly discharged into ponds/lakes without any treatment, causing a lot of environment and health risks. Along with the process of continuous urbanization as described above, the migration from rural to urban areas resulting in the encroachment and illegal residence in LIAs. The high population density is clearly creating more pressure on the LIAs, where from the beginning is lacking appropriate infrastructure and public services.

In 2007, The Ministry of Construction (MoC) prepared the national strategy of upgrading urban and planned overall investments to upgrade urban to 2020 (NUUS) based on the lessons and experiences drawn from the project to upgrade developing urban in 4 cities (Ho Chi Minh City, Can Tho, Hai Phong and Nam Dinh). The upgrading national urban strategy was approved by the Prime Minister in June 2009. This strategy estimated that demand for the basic infrastructure is expected to be about US$ll billion. According to this approved strategy, the GoV has requested assistance from the World Bank to implement programs to scale up the national urban development project. It points out that the Mekong Delta is one of the areas with the highest demands in terms of upgrading infrastructure in LIAs, and in particular for investment to upgrade the rain and waste water drainage. Based on the needs of investment for LIAs, the area Mekong Delta was proposed as key areas in the Vietnam national urban upgrading program. Six (6) cities are selected for the project implementation, including Can Tho, My Tho, Tra Vinh, Ca Mau, Rach Gia and Cao Lanh.

Project Objectives:

to improve the living conditions of urban poor in the six selected cities of the Mekong Delta;

to improve the capacity of urban management and urban planning of these cities based on a list of projects listed in the national strategy for urban development by 2020.

The primarily description of the project: investment items of the project are identified as below:


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-project Resettlement Plan ________ ~~ __ L-~ ______ ~---------------------------------

Component 1: Tertiary Infrastructure Upgrading In Low-income Areas (LIAs) -The project will upgrade the infrastructure and services in LIAs where these facilities are not appropriate in a comprehensive manner. The upgrading will be conducted in line with water supply, drainage, access roads, lighting, sanitation services and solid waste management. In addition, the restoration of public sanitation, health and education will be included in this component, if the community identified as their priorities

Component 2: Supporting Primary and Secondary Infrastructure - comprises the improvement andlor provision of primary andlor secondary infrastructure elements that will make the tertiary infrastructure in the low-income areas functionaL Therefore, the project will finance the improvement of infrastructure systems at the level 1, and level 2 in the region in need. This funding will mainly include improving water supply and sanitation, sewerage, and improvement of roads, canals and bridges.

Component 3: Resettlement Sites - Component 3 comprises' the provision of resettlement areas for those households whose relocation is required as a result of the interventions under Components 1 andlor 2. On the basis of the Resettlement Policy Frameworks endorsed by the Bank, local governments have identified suitable areas for resettlement and designed appropriate layout plans including all necessary infrastructure. They will carry out resettlement on the basis of Bank endorsed Resettlement Action Plans (RAPs). The project is designed to minimize resettlement in order to preserve the existing social fabric as much as possible. Where possible, households to be resettled will be relocated in undeveloped pockets of land close to their current residences. Component 3 will be implemented in all six cities, managed by the local PMUs.

Component 4: Implementation and Project Management - This component provide support in capacity building and technical assistance activities on (i.) implementation support at the city level for PMUs, (ii.) programmatic quality assurance and monitoring for the MoC Central Project Coordination Management Unit (CPMU), and (iii) the monitoring and evaluation for the operation.

Component 5: Technical Assistance to the Ministry of Construction to Implement NUUP and for Project Coordination: This TA to the MoC's Urban Development Agency (UDA) will further develop a National Urban Upgrading Strategy (prepared under VUUP and endorsed by the Prime Minister) into a fully operational National Urban Upgrading Program. This TA will build on complementary support provided to the UDA through the Cities Alliance. Activities will also include (a) the design of an operational national urban database on key urban indicators, (b) the formulation of realistic climate change adaptation strategies for coastal cities, particularly in the Mekong Delta.

1.1.2 Sub-project in Cao Lanh city

As the center of political, economic, cultural and social defense of the province, in the past time, Cao Lanh City (Dong Thap province) has mobilized all resources to develop the city to Class III.

Cao Lanh city is central of Dong Thap province, the leading and governing agencies of the province are located in the city including: the Commissioner- People's Council-People's Committee, the provincial military command, the politics and society departments, organizations and unions of the province and the Central, information, the press, radio, television agencies, the transacting Offices of the State, Province, city, other economic organizations of central and local level.

Being as the major training center, Cao Lanh City provides skilled labor to serve the economy of the province. Providing services to develop the agricultural, industrial, craft, finance, trade



services, are promoting the process of urbanization of Dong Thap province. However, in the process, urban construction and management appears to confront many inadequacies, particularly infrastructure provision in some of the hmer city areas which is seriously dovvngraded. Some parts of the low income popUlation lacks basic services provision such as clean water, toilets with septic tanks, solid waste and sewage management, drainage system, and lighting, proper road access.

Therefore, the provincial and city government are working to improve the living conditions of urban poor people through programs and projects with the active and effective support from international organizations and agencies. Mekong Delta Urban Upgrading Project - Cao Lanh city sUb-project will significantly contribute to the urban development ofCao Lanh city.

On 25 January 2010, Cao Lanh City People's Committee (CPC) passed the decision number 09/QD-VBND for the establishment of the Secretariat for the preparation of the urban upgrading project for Cao Lanh City. An important legal base for the local government to conduct the project. Along with the efforts in the preparation of the project, Cao Lanh city and five other cities of the Mekong Delta were approved with their portfolios and scales of project by the GoV at the Decision No. 1 96 1 ITTg-QHQT issued on 27 January 2010. This is the basis and premise for the urban upgrade project in the Mekong Delta continuing to perform the next phase to achieve the signing of the loans from the WB in 2011.

);> Objective of the project

• Upgrading infrastructure for low income areas (LIAs) in the city

• Improving the living standards and environment hygiene of the poor in LIAs.

• Promoting the sustainable and equal development with the participation of community.

• Promoting broad participation of communities and the poor as an integral part of planning processes

);> Principles of the project

• The project is based on the principle of active participation of communities in the critical phases, preparation, design and implementation, of the project. Participation is a prerequisite to effectively meet the needs of people and community.

• The design of the infrastructure upgrading will have to take account of ability and the willingness to contribute among communities and local government. The design of infrastructure must meet the appropriate performance standards. To limit the relocation or resettlement in order to maintain the social and cultural characteristics of the communities in the project site.

• The project is planned to improve the living standards of the residents in the project area regardless of legal status, including that of land holding;

• The project enjoys interdisciplinary way of providing the urban infrastructure upgrading up to level 3 in LIAs and other than separate investment.

);> Expected results of the project.

• Improving the environment conditions in the city.

• Improving the leaving conditions and quality for the urban poor in LIAs.

• Expanding the scale and access to basic infrastructure services such as water supply, drainage system, environment hygiene and transport network In LIAs.



• Managing sustainable urban infrastructure, including housing and land.

• Strengthening community participation in making financial plan for basic infrastructure investment.

• Being consistent with objectives and requirements of the national urban upgrading program.

MDRUUP and Cao Lanh city subproject will invest in upgrading urban infrastructure. The project is comprised of five components as follows

• Component 1: Tertiary Infrastructure Upgrading in LIAs

• Component 2 : Supporting Primary and Secondary Infrastructure

• Component 3 : Resettlement Sites

• Component 4 : Implementation and Project Management

• Component 5: Technical Assistance to the Ministry of Construction to Implement NUUP and for Project Coordinatiof).

1 - Component 1: Tertiary Infrastructure Upgrading In Low-income Areas

Based on the detailed outline of the review and assessment during the Feasibility Studies (FS), Component 1 will cover the upgrading and improvement of infrastructure for the 14 areas focusing on 7 wards and 2 communes (in addition to 6 LIAs), specifically as below:

- Ward 1 including 3 areas: LIA 3, 4, and 5.

- Ward 2 including 1 area: LIA 1.

- Ward 3 including 2 areas: LIA 2, and 9.



- Ward 11 including 2 areas: LIA 8, LIA 13.

- Hoa Thuan Ward including 2 areaS: LIA 7, LIA 10.

- Hoa An Commune including 1 area: LIA 12.

- Tan Thuan Tay Commune including 2 LIA: LIA 12, LIA 14.

2 - Component 2: Supporting Primary and Secondary Infrastructure

Based on detailed outline and the actual needs in the phase of the FS preparation, the items of component 2 will include:

- Upgrading and expanding Cach Mang Thang Tam road

- Upgrading and expanding Nguyen Dinh Chieu road

- Upgrading and expanding Dinh Bo Linh road

- Upgrading together with environment improvement ofTran Thi Thu road

- Upgrading and expanding Nguyen Thi Luu road and building bridge crossing Cai Sau canal.

- Building extended Ton Duc Thang road and replacing Ton Duc Thang Bridge crossing Cao LanhRiver



- Upgrading and expanding Lo Hoa Dong Street and replacing Sat Vi bridge crossing canal Cai Sau

- Upgrading and expanding Nguyen Thai Hoc road

- Upgrading and expanding Tran Hung Dao road

- Cao Lanh river embankment

- Embankment and dredging Kenh Cho according to the current status

- Embankment ditch 16 together with Upgrading and expanding Pham Nhon Thuan road

- Replacing some degraded distribution pipelines

- Providing some garbage compactor truck and mud suction truck ... to support environmental hygiene

3 - Component 3: Resettlement Sites

- Building technical and social infrastructure in the resettlement area Ward 4 - Hoa An ofthe planned resettlement area with scale 1/2000 approved by Cao Lanh CPC. To ensure that new housing of the households affected' by project will be given adequate technical infrastructure and necessary social infrastructure.

4 - Component 4: Implementation and Proiect Management

- Consulting in technical assistance and PMU training

- Consulting in technical assistance and community and local government training

- Procuring equipment for PMU and relevant agencies

- Consulting in technical assistance for resolutions/ideas on preventing climate change and environment protection

- Consulting in technical assistance for resolutions/ideas towards Green-Clean-Beautiful city environment

- Consulting in technical assistance in communication

- Consulting in compiling the detail report and basic design

- Consulting in compiling the Environment Impact Assessment report (EIA)

- Consulting in compiling the Resettlement Plan (RP)

- ConSUlting in compiling the economic-financial report

- Consulting in compiling the detail design

- Consulting in monitoring EIA and RP

- Consulting in accounting, investigating, appraising and auditing.

-PMU cost

5 - Component 5: Technical Assistance to the Ministry of Construction to Implement NUUP and for Proiect Coordination


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanb <::ity sub-project~ __ _ Resettlement Plan

1.2 Economic and Social Survey During the period from April to June 2011, the Resettlement Advisory Group of the project has conducted the economic and social survey and created an inventory of loss assets affected by the project. As a result, about 14% of total affected households (331 HHs) undertook a socio-economic survey, all the affected households (2,333 HHs) got inventory ofloss. All the relocated households/rearranged households (324 + 518 = 842 HHs) undertook an entire survey attending the community meeting in compliance with safeguard policy of the project.

The project will be implemented over 9 wards and socio-economic survey was condicted throughout 9 wards/communes. The results of the economic and social investigation as well as the results of the inventory, measuring the property affected are shown in part II and III of this report.


Mekong Delta Region Urban Upgrading Project (MDR-U1JP) Cao Lanh City sub-project

~------

II - MITIGATION MEASURES

2.1. Objectives

Resettlement Plan

The key principle of the Resettlement Policy Framework (RPF) issued for the project is to avoid or minimize the impact on resettlement and recovery of land. In case the mitigation referred to above is not feasible, it is necessary to adopt mitigation measures and compensate adequately for project affected households.

As per the RPF, the resettlement and land acquisition should be minimized. The PMUs with the assistance of consultants and the relevant authorities has made efforts to minimize the potential impacts as a result of land acquisition, at design phase. In doing so, it finalized the feasibility study report, aimed reducing the scale of resettlement impacts to the lowest level.

The inevitable impact is due to the need for land acquisition to renovate and upgrade the downgraded routes (which focuses primarily on the wards/communes in wards 1, 2, 3, 4, 6, 11, Hoa Thuan, Hoa An, Tan Thuan Tay). The extensive consultations leaded by the Resettlement Advisory Group and local authorities, with popUlation organizations, and in particular affected households, were conducted in order to minimize the impacts caused by the resettlemf :nt. The guiding principles were agreed to determine the measures and the optimal solution to avoid relocating households out of the area where they are currently living were agreed .

2.2 Mitigation measures

Cao Lanh city subproject, in Dong Thap province, will have positive impacts in the socioeconomic development and social aspects of people's life. On the other hand, the project may cause adverse effects to the households located within the area where land acquisition and clearance are required. The determination of negative impacts of land acquisition and clearance, and provision of mitigation measures are key requirements to eliminate or reduce the negative impacts of the project.

Some measures to be taken include:

Firstly, during the period determining line and base design, appropriate technical construction design should be made, which avoids residential areas, and the maximum negative impacts. Measures to reduce the negative impacts most effectively and solve the roots cause of adverse impacts need to be sought out. In the case of unavoidable negative impacts regarding property, there should be an ~dequate compensation scheme, which can value the compensation cost ensuring at least the proper restoration of the damage caused.

Secondly: during the first phase of the project, the active advocacy and dissemination of information on the project on land acquisition and site clearance, resettlement compensation are conducted to gain participation, understanding and support of the people.

Thirdly: household who is to be affected and relocated resulting from land acquisition by the project will be settled in or near old residential areas. The relocated HH by resettlement site of ward 4 - Hoa An will be relocated in this resettlement site after completion. The relocated HHs by LIA 4 ward 1 and Kenh Cho will be re-arranged in these areas when the project fmish. So the customs and the relationship between relatives, neighbors would still be maintained, the reversal and transformation of social structure will not occur.

Fourthly: The land of Wards 3, 6, Hoa An is agricultural land planting perennial and annual crops. The project land acquisition not only affects their production but also has an influence on the cultural characteristics of the area, so the research on re-planning of the arable farming

Pacifte Ocean Engineering JSC (PCO) 17

Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-project Resettlement Plan ----------------sector to keep people cultivation and preservation of the cultural assets has also been carefully considered.

Fifthly: At the Kenh Cho, the specific impact of the project is the focus of households living perennial~ primarily income from trading, operating the daily markets. The land acquisition will be again announced soon after the subproject commencement, and resettlement issue requires much attention since it causes changes in temporary accommodation should take into account the locations, transport, infrastructure to ensure life for people in the temporary accommodation period.


Mekong Delta Region Urban Upgrading Project (MDR-U1.JP) Cao Lanh City sub-project

III -IMPACT OF LAND ACQUISITION

3.1. Overview of land acquisition

Resettlement Plan

According to the scale specified in the basic design, Cao Lanh city subproject, in Dong Thap province will be designed and constructed according to the three components mentioned over 7 wards and 2 communes. Some key features of the land acquisition and clearance impacts are shown as follows.

This RP indicates the social impacts of the land acquisition and site clearance for component 1, 2, 3 of Cao Lanh city subproject funded by the World Bank. Based on the preliminary design, the most important social impacts of the project are the following:

a e T bl 28 f . t' cope 0 prOjec Impac t Work items

Component Component Component Ma.ior impacts 1 2 3 Total

1. Affected Households (No) 1,327 945 61 2,333 Affected person 5,972 4,253 275 10,499

In which

+ Affected Household with residential land 712 110 20 842

+ Affected Household with agricultural land 615 835 41 1,491 + Affected Household with houses 712 110 20 842

2. Affected area (m1) 134,739.42 95,174.90 101,564.97 331,479.30

In which:

+ Residential land area 62,661.67 20,948.72 2,000.00 85,610.39

+ Agricultural land area 40,582.30 18,042.89 99,564.97 158,190.17

+ Other area (managed by People's Committee) 31,495.45 56,183.29 87,678.74

+ Area of affected house 69,844.09 17,412.82 2,214.63 89,471.54

3. No. of relocated household 194 110 20 324 4. No. of rearranged household 518 0 0 518

5. No. of households doing business 357 512 5 874

6. No. of affected households with trees and fruits 615 835 61 1,511

For those affected households shall be compensated/assisted adequately based on agreed RPF between Go V and World Bank.


!


3.2 Listing of affected assets 3.2.1 Impact of residential land acquisition

2,333 HHs with 85,610.39 m2 will be affected by residentialland acquisition for component 1, 2, 3 of Cao Lanh city subproject. These HHs are now living along the lands/roads and land to be cleared is shown as follows:

Table 3 Total of the households atlected with residential land

Low , No.Of affected households (households) I Mfecled No. income

~Ole area area

Partially (moving, Rearranged2 Total (m2) (LIA)

• Work item • resettling) I

A Component 1

LIAI 108 27 135 862.16 1 LIA2 73 68 250 391 41,780.00

LIA3 48 34 82 1,248.99 LIA4 0 0 268 268 9,396.46

2 LIA5 32 37 69 5,463.72 LIA6 27 4 31 771.70

3 LIA7 29 12 41 213.1 0 LIA8 42 5 47 1,113.32 LIA9 40 6 46 62.49

4 LIA 10 8 0 8 354.78 LIA 11 185 0 185

5 LIA 12 7 0 7 473.82 6 LIA 13 0 0 0

LIA 14 16 0 16 644.04 TrucXanh

0 1 1 I Kindergarten 277.1

Total A 615 194 518 1327 62,661.67 B Component 2

1 Cach Mang Thang 35 0 35 140.30 12 DinhBo Linh 103 12 115 552.31 1 Pham Nhon Thuan ( 114 5 119 21.41 4 Lo HoaDong 69 0 69 48.00 6 Nguyen Dinh Chieu 0 0 0 0 7 Nguyen Thai Hoc 199 11 210 1,154.66 8 Nguyen Thi Luu 53 4 57 9 Ton Duc Thanf,!; 4 9 13 1,321.40 10 Tran Hung Dao 231 11 242 12,733.01 11 Tran Thi Thu 27 0 27 625.31 12 Cao Lanh river 0 58 58 4,352.32

Total B 835 110 945 20,948.72

HHs which are affected by land acquisition for tertiary Infrastructure Upgrading in LIA 4 and Kenh Cho -LIA 2. These HHs are temporarily relocated. They will be rearranged as the infrastructure is comprehensively constructed


:

I

Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-pr~~ct _____ ._. __ ._. __ .. _ .. Resettlement Plan -----

---.-.--.----.-.~------.---.-.-

C Component 3 .

1 Resettlement area of 41 ward 4 - Hoa An Total C 41

G Grand Total 1,491 L...--.J.....- ._. .

l:--r-----------+-:-:---;--:-::-:-::-:---l 1 324 ~8-·----t-2-,3-3·3---t-8-5,-6-10-.3-9----'

Taking under consideration the technical proposals, for each area aim at minimize the number of relocated households. For example, Tran Thi Thu road has been narrowed down the scope to avoid the land acquisition. Roads in the LIAs 9, 10, 11, 12, 13, 14, will be upgraded according to the existing status because if the upgrading includes widening the roads, many houses would have to be relocated.

The table above shows a total of 2,333 household's land affected, (including 1,491 partly affected HHs, 324 entirely affected HHs and 518 temporarily HHs\ 842 HHs (324 + 518) will be relocated and resettled. Households whose land are affected and relocated households are in Ward 1, 2, 3, 4 and 5 where resettlement livelihood restoration program will focus 3.2.2 Impacts on agricultural land

Due to the particularities of the projects and investment areas, only the resettlement site in ward 4 - Hoa An commune affects agriculture land mainly rice and fruit cultivation. The remaining areas a mainly have perennial trees, fruit trees, and shrubs.

The project will have policies to support income recovery and production for the affected agricultural land. There is no possible agriculture land to be replaced for the lost agricultural land.

a e o a 0 e T bl 4 Ttl f th h ouse 0 sa ecte Wit h Id f~ d • h . I agncu tura II d an

Work item Number of Number of affected Number of affected affected HHs HHs with 20% or HHs with 10% or

with agricultural more of agricultural more of agricultural land land land for vulnerable

people

Component 1 615 63 9

Component 2 835 6 1

Component 3 41 34 7

Total 1,491 103 17

All of affected households are agricultural land or residential land.

3.2.3 Impacts on houses

The selected design is optimal option to avoid and minimize the adverse impacts caused by inevitable land acquisition and site clearance. The specific level of impacts is expressed as follows:

3 HHs which are affected by land acquisition for tertiary Infrastructure Upgrading in LIA 4 and Kenh Cho -LIA 2. These HHs are temporarily relocated. They will be rearranged as the infrastructure is comprehensively constructed


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanb City sub-e!'!!J~~!_ Resettlement Plan -------------------

a e T bl 5H ouse Impact House House Temporary Yard, Lean-to

No. Workiems level 3 level 4 house below entrance (m2

)

(m2) (m2) lev~14 (m2) (m2) I

--

Component 1

1 LIA1 245.54 961.49 590.32 293.33

2 LIA2 215 144 259.5 20

3 LIA3 226.00 722 1,188.75 22.8

4 LIA4 5,782.70 567.8

5 LIA5 1,550.49 857.7 13 91.3

6 LIA6 , 193.03 148.91 76.36

7 LIA7 413.41 322.6 356.33 197.8

8 LIA8 270.99 802.59 469.03 69.16

9 LIA9 52.5 280 1

56.7 310.3

10 LIA 10 105.28

11 LIA 11 I

12 LIA 12 1 108" 35 33 11

13 LIA 13

14 LIA 14 8.00 532.35 588.7 86.4

Total 342 4,142.56 11,154.56 2,558.99 1,081.05

Component 2

1 Cach Mang Thang

156.6 707.45 384.85 92.5 Tam

2 Nguyen Dinh Chieu I 152 25

3 Pham Nhon Thuan

1,795.98 276.6 canal 16 embankment

4 Nguyen Thai Hoc 611.67 200.92 2,040.90

5 LoHoaDong 294.77 294.43 I

6 Tran Hung Dao 1,284.99 518.4 49


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanb City sub-project

- .. _-r:;--House House Temporary No. Workiems

level 3 level 4 house below (m2l (rul) htvel 4 (ml)

7 Nguyen Thi Luu 674.4

8 Tran Thi Thu 125.7 --~------.---

9 DinhBo Linh 2,074.30

10 Ton Due Thang 1,062.45

11 Cao Lanh river

4,753.05 3,812.67 embankment

. ~.--~. ,...---. __ .. Total 6,806.31 11,267.04

I

Component 3

Resettlement area of 4,171.89 ward 4 - Hoa An

I

Amount 342 10,948.9 26,593.49

3.2.4 Impacts on architecture works/things

Resettlement Plan

Yard, Lean-to entrance (m2

)

(m2)

1,909.10

512.7

3,261.45

371.55

1,588.38 120

10,791.96 286.5

930.74

14,281.69 1,367.55

According to the inventory results , there are many cases of architectural works affected , including toilets, kitchens, courtyards, walls, gates, wells, and tombs. The sum of the data architectural works affected is shown in the table below

Table 6 Summarizing the affected volume of architecture works and things

Fence Toilets Electricity Water

Water Tomb iNo. Area

(m2) (m2

) counter counter Telephones

tank (pieces) (pieces) (pieces) Component 1 1 LIAI 361.78 0.00 17 40 22 0 0 2 LIA2 23 23 23 0 90 3 LIA3 954.00 80.00 36 36 5 0 0 4 LIA4 2,567.34 240 240 5 LIA5 632.00 60.00 15 15 3 0 15 6 LIA6 638.02 9.00 7 LIA7 11 8 LIA8 410.64 61 9 LIA9 907.70 8.00 10 10 10 8 0 10 LIA 10 0.00 0.00 0 0 0 0 0 11 LIA 11 543.40 0.00 0 0 0 0 0 12 LIA 12 588.30 1 13 [LIA 13 43.00 0.00 0 11 0 0 0 14 LIA 14 319.00 16.00 2

Total 5,397.84 173.00 101.00 155.00 63.00 8.00 105.00 Coml!onent 2



Fence Toilets Electricity Water

No. Area (m2

) (m2)

counter counter (pieces) I(pieces)

1 Cach Mang Thang

500.70 0.00, 15 15 Tam

2 DinhBo Linh 1,938.73 30

3 Pham Nhon Thuan

261.60 16 16 IrCanall6) 4 LoHoaDong 341.57 0.00

-~-

NguyenDinh 5

Chieu 6 Nguyen Thai Hoc 332.55 11 11' 7 Nguyen Thi Luu 967.62 8 Ton Duc Thang 124.50 9 9 Tran Hung Dao ,

10 Tran Thi Thu 208.05

11 Cao Lanh river em- 1,130.59 126.13 bankment I Total S,80S.90 126.13 81.00 42.00

Resettlement area of ward 4 - Hoa ~ 1,620.444 11.73 TrucXanh Kindergarten 19.2, 1 Total 1,639.64 11.73 0.00 1.00

Amount 12,843.38 310.86 182.00 198.00

3.2.S. Impacts on perennial, fruit and other trees

Resettlement Plan

Water Tomb Telephones tank (pieces)

15 15 0

16 0 0

0, 0

11

i 42.00 IS.00 0.00

Component 3

132

0.00 0.00 132.00

10S.00 23.00 237.00

According to the result of inventory, there are many cases of trees and fruit trees affected. The sum of number of trees affected is shown in table below:

Table 7 Summarizing the affected volume of trees

Trees

No. Area Type I Type Type Type Industria Wood trees and

A I B C D I trees bamboo

Component 1 ! 1 LIAI 88 26 42 16 30

2 LIA2 1 103 97 64 114 21 64 3 LIA3 116 121 78 35 33 33 4 LIA4 ! 590 428 200 209 163 5 LIA5 201 194 176 78 67 69 6 LIA6 40 19 15 17 7 LIA7 105 54 72 8 4 8 LIA8 9 LIA9 134 104 95 75 I 42 I 86 10 LIA 10

PacifIC Ocean Engineering JSC (PCO) 24

I I

,

Mekong Delta Region Urban Upgrading Project (MDR-1JtJP) CaoLanh Resettlement Plan

~1 ILIA 11

I

,--

L 12 ILIA 12 108 35 33 11 I

1I3 ~ LIA13 --- c--- .

I

i 14 1 LIA 14 I 12 4 3 ! Total 1,497 1,082 778 563 163 !

Component 2 1 Cach Man~ Thang_I~ ____ 765 435 546 324 2 i Nguyen Dinh Chieu 243 98 102 76

3 Pham Nhon Thuan +

91 l 94 152 93 . Canal 16 embankment I

4 I N~u"'yen Thai Hoc 141 ! 101 151 46 5 LoHoaDong 98 89 102 87 6 . Tran Hung Dao 70 90 55 38 15 7 N~l!Len Thi Luu 10 1 1 8 Tran Thi Thu 30 3 3 9 Dinh BoLinh 86 48 63 42 10 Ton Duc Thang 18 23 10 2

11 Cao Lanh river

68 26 32 12 embankment Total 1,580 1,044 1,217 724 I 15

Component 3

Resettlement area of ward , 2 969 4-HoaAn I ' 2,227 1,746 1,652

Total Amount 6,046 4,593 3,981 2,939 178

Remark: Type A: big trees with large branches, in time of numerous fruits with the time of

planting over 5 years.

11 --

7 467

150 132

446 '

245 56 11 2 6

136 4

216

1,404

6,655

8,526

Type B: big trees, used to give fruit but with small branches, with the time of planting from 3 to 5 years.

Type C: going to give fruit or newly giving fruit, with the time of planting over 1 to below 3 years.

Type D: newly planted or nearly 1 year Type 5: Industrial trees Type 6: timber or bamboo

3.2.6 Impacts on other works

During project implementation, a number of public works is also affected, including": 78 poles and telephone, they will be restored after construction projects proceed.


M~kong D~lta R~gioD Urban Upgrading Proj~ct (MDR-UUP) Cao Lanh City sub-project Res~ttlemeDt Plan

3.3 Screening of linked projects In tenns of the policy OP 4.12 applies "to other activities resulting in involuntary resettlement that in the judgment of the Bank, are

(a) directly and significantly related to the Bank-assisted project, (b) necessary to achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out, contemporaneously with the project."

1 aDie D. InIOrmanOR OJ p6lentl81 IIDKeo pro

N Projett Several documents relating 0 Dame to land acquisition

- Drainage - Decision No. 798/QD-system UBND.HC, project in dated0910712009 of the CaoLanh People's Committee of city - Dong Thap ·On approval Dong of investment projects in Thap construction: Construction province of drainage system Cae funded by Lanh City, Dong Thap"

I Norwegia - Minutes of08IBB-HDBT, nODA

HT & TDC dated 08 May 2010 04 ofllie Council of compensation and resettlement Cao Lanh city

-----

Pacific Ocean Engineerillg JSC (PCO) 26

eels agamsi \...ao LaRD eny suo-proJeel

Work Area Impact

items of level of

Project aequi related

relating to red items

progres UUP

land (IIHs) s.

project (m2

)

- Waste water No of

treatmen affecte

t plant 59,17 d Comp

located house leted

holds: Alrea in My

21. dy Thien cluster, - Noof ward 3 relocat

ed house holds: 9.

,

i..

Mekong velta RegIon urban upgrading l'roJect (MDK-UUe) Cao Lanb City sub-project Resettlement Plan

~ -----

N 0

2

Work Area Impact

items of level of

Project Project Several documents relating acqui related name to land acquisition

relating to red items

progres UUP

land (lUIs) s.

project (ml)

- Flood - Decision No. 194/QD- - Emban preventio UBND.ND, April 18, kInent n dyke for 2008the People's for CaoLanh Committee of Dong Thap protecti - Noof

city- on the recovery of land use on affecte

Vietnam rights of organizations, channel d

state bond households and individuals 160n house

assigned to the Department the side holds: - 26. of Agriculture Industry and ofNgo

rural Development to Si Lien 1,516 - No of Comp

implement investment street relocat 1eted projects in construction of from ed flood embankments Ngo Si Cach house Lien, Cao Lanh city. Mang holds:

Thang 10. Tam street to the end ofBa Trieu street.

1. Drainage system project: this project would improve wastewater treatment system of the whole city by investing in waste water treatment plan and secondary sewage system. However, MDR-UUP sub-project will invest in tertiary infrastructure system and if the drainage system project will not be completed, primary and secondary drainage systems of the city can still operate. Thus, regardless of the status of this drainage system project, Cao Lanh sub-project will be carried out. Domestic wastewaters from LIAs will be still collected and connected to the existing wastewater drainage system of the city. Based on the evidence and the criteria (b) of the linkage project by the World Bank, the drainage system project of Cao Lanh city is not considered as linked project.

2. Flood prevention dyke/or Cao Lanh city: this project has been identified as linked to MDR-UUP since land clearance for this project has also served for Ngo Si Lien road improvement funded by MDR-UUP. A due diligence review of the past land acquisition activities is summarized as below:

Compensation, assistance, and resettlement under linked project

The PMU has implemented some steps of compensation, assistance, and resettlement under linked project at the initial preparation stage of Cao Lanh sub-project. Inventory and

Pacific Ocean Ellgilleerillg JSC (PCO) 21

~.

Mekong Delta Region Orban Upgrading Project (MDR-UUP) Cao Lanb City sub-project Resettlement Plan

payments for compensation and assistance of Ihis project have been implemented since before Ihe end of2010 .

Implementation arrangement PMU coordinate wilh functional bodies and agencies, (Cao Lanh City's Compensation, Assistance, Resettlement Council, and local aulhority), involved in implementation of compensation, assistance, and resettlement.

Compensation, assistance, and resettlement activities intended to support affected households have been implemented at Ihe land acquisition stage in accordance wilh Vietnamese regulations, including:

Information dissemination: Organization of meeting to announce Ihe project approval decision;

Arrangement of asset declaration and inventory for affected organizations, households, and displaced persons;

Establish prices for compensation and assistance to be applied for Ihe project, public announcement and disclosure;

Disclosure of compensation, assistance, and resettlement plans/options; and

p'ayments for compensation, assistance, and hand over Ihe land.

Inventory

The inventory was carried out subsequent to information dissemination and awareness bUilding. This process was implemented by Ihe PMU togelher wilh Ihe presence of project affected people. After Ihe inventory was completed, all stakeholders sign Iheir names on Ihe minutes subsequent to Ihe determination of impacts. The opinions about agreement or questions from Ihe households are presented in Ihe minutes and reviewed by Ihe PMUs and Council of Compensation and Resettlement Assistance (CoCRA) together with local aulhorities to propose a solution,

The detailed measurement survey in Ihe project of flood prevention dyke for Cao Lanh city was conducted late in 20 lOin accordance wilh Ihe provisional law. Project owner has coordinated with Ihe CoCRA and performed Ihe counting statistics specific details of Ihe affected property. All documents are fully matched wilh record prices for the damaged property of the affected households. Statistics on Ihe damaged property is done according to regulations.

Compensation, assistance and resettlement polides

Compensation, assistance, and resettlement policies are applied in accordance with legal regulations of Vietnam, Dong Thap Province, and Cao Lanh City. The affected households are informed of the information oflhe projects; Ihey all agree to Ihe project implementation.

During the implementation, feedbacks and questions about compensation mainly involve Ihe following issues: Firstly, mistakes of inventory and application of compensation price during the preparation of compensation plans/options were found out or assistance entitlements were missed out. In respect of Ihis issue, Ihe compensation, support and resettlement council coordinated wilh local aulhorities (wards/communes) to collect all opinions and re-

Pacific Ocean Engil/eering JSC (PCO) 28

Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City snb'project Resettlement Plan

verifications so as to propose alternatives. Secondly, questions about land unit price, many affected households thought that the applied land unit price in accordance with the provincial regulations was lower than the market price; however this difference was accepted by the locals. All affected households to be resettled by these projects wish to be entitled to resettlement arrangement, and the PMU approved it.

Payment for compensation, assistance

Payments for compensation and assistance intended for affected households have been made immediately after the decision on approval for plan of compensation, assistance, and resettlement by the Provincial People's Committee. Payments for compensation and assistance were made in public and in a transparent way.

All of 26 affected HHs including 10 relocated HHs by embankment construction area of flood prevention dyke for Cao Lanh city have already received payments for compensation, assistance and handed over their land.

So far, the land acquisition and land clearance in the linked project comply with relevant state policies and are not experiencing difficulties such as complaints, or major disputes.

Supervision consultant will conduct an independent evaluation with affected households in the project concerned. (as mention part 12)

Involuntary Resettlement

There are 10 land lots for 10 households to settle in this project. All of these HHs reviewed land and built house for living in two resettlement areas ofCao Lanh City from June 2011.

Two resettlement areas include:

Residential Rach Chanh, My Tra commune, Cao Lanh city. 7 m wide road (for households with land and housing to be displaced)

Residential Quang Khanh, My Tra commune, Cao Lanh city. 3.5 m wide road (for households with housing to displace)

Monitoring and evaluation of post-resettlement for the project will be conducted during MDR-UUP implementation to ensure consistency of policies, and that all affected people will be able to restore the lost assets and livelihood as pre-project levels.

Pacific Ocean Engil/eeri/lg JSC (PCO) 29

Me!;.""., .... dta R~g""l .Jrban "I:'guiding rWJ"d (MDn-ulJp) Cao Lanh CUy snb-project

IV -SOCIO-ECONOMIC INFORMATION

4.1 Project area

Pacific Oceall E/lgineering JSC (PCO) 30

Resettlement Plan

Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City snb-project . ______ ~ ___ _ __ -=R:;:esettlement Plan

BAN DO cAc H~NG MI,JC £>AU TU cUA 01,1 AN MAP THE INVESTMENT ITEMS OF PROJECTS

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4.2 The project area

According to the survey results, Cao Lanh city subproject will be implemented in nine wards / communes in Cao Lanh city covering the wards 1,2,3,4,6, 11, Hoa Thuan, Hoa An and Tan Thuan Tay. Some basic information about the ward/commune above is noted as follows:

4.2.1 General information on the project area

Cao Lanh is the city of type III with 15 administrative wards/communes (8 wards and 2 communes with a total of 69 villages/hamlets), according to annual statistics of the city Cao Lanh in 2010. As of the end of 2009 a total population is 161,950 with 43,004 households, a population density is 1 ,514 persons per km2

.

Rate of natural population growth in 2009 of Cao Lanh city is 1 %, insignificant reduction as compared to those of 2008, and 2007, in particular as the following:

a e aura popu atlOn grow T bl 9 N t I 1 . th rate Natural population Year 2007 Year 2008 Year 2009 growth rate (%) 1.02 1.01 1.0

(Source: Statistic year book o/Cao Lanh city in 2009)

City economy has grown fast, and economic structure shifting rapidly towards increasing proportion of industry-building and trade-service, reducing the proportion of agriculture

production.

Table 10 Total social Gross Domestic products (GDP) of Cao Lanh ci~ in 2007 - 2009 Year 2007 Year 2008 Year 2009

Industry - construction 440,569 536,500 632,519 Commerce - service 949,397 1,154,841 1,355,275 Agriculture- forestry_- sea products 158,674 169,754 176,997 Total 1,548,640 1,861,095 2,164,791



Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lan~~iiL~llP~llroject ____ ~ ____ ~ __ ~ ____________ ~ ______________________ ~~~!!Jemen~~lal!

Figure 1 Structure of Gross Domestic Products GDP) through years (%)

120,00%

100,00%

80,00%

60,00%

40,00%

20,00%

0,00% ¥-----.......... ----......------r

61 Agriculture

illndustry - construction

iJ Service


In 2009 the total gross domestic product (GDP) calculated at constant prices in 1994 reached 2,164 billion. It increase 16.32% as compared to 2008 and 39.97% as compared to 2007. The growth rate of GDP within the recent three years is 18.92%, in particular:

Figure 2 Annual growth rate of GDP of Cao Lanh city

• 20.18% ----- .. ·-----~J.~6~.3~2~%~--~1~8~.92%

_ • 20,27%

-+-GDP


Although the growth rate of GDP in 2009 went down as compared to those of 2007 and 2008, and have not reached the targets set by the Cao Lanh city, this is still a high growth rate compared to other areas of the province and the region. Economic structure is shifting in right direction to reduce the proportion ?f agriculture sector, forestry, fishery industry, in order to promote rapid development of industrial - construction and trade - service industry, which is the source of economic growth for the city.

Commerce-service industry has developed with high speed and proved to be the strength 0/ the city, annual growth rate 0/20.07%

Economic Infrastructure development investment in the development of markets, supermarkets system, and concentrated trading places which can accommodate the demand for exchange and circulation of goods. Cao Lanh Market and My Tra market are the goods distribution center in the city of Cao Lanh area. There are detailed plans to build new Tan

Pacific Ocean Engineering JSC (peO) 33

Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-proje_ct __ Resettlement Plan

Tich, Tan Viet Hoa (Ward 6) and to invest in night market of Dang Van Binh road with large scale. Currently, the city has 07 supermarkets (including two general stores, five specialized supermarkets) and 24 markets (including 01 market, type I, type II and type III4)

The type of services that improve the quality and diversity of urban development includes: finance and banking (over 22 banking branches, transaction offices), transportation (buses, taxis), telecommunications, Internet, design, and construction services.

The number of enterprises and individual business has steadily increased. In comparison with 2005, in 2009, the number of individual business increased more 2,662 HHs (9,325 households in 2005) and number of enterprises increased more 336 ( 158 enterprises in 2005).

The city is the cultural, historical and ecological tourism centre of the province, such as historical relics of the tomb of Junior Doctor Nguyen Sinh Sac - Go Thap - Xeo Quyt base, Tram Chim National Park, Gao Giong eco-tourism zone. These places have been renovated with convenient transportation system, which is attracting more tourists. Currently, the city has 6/7 major hotels with international standard.

Industry-construction area has developed strongly and steadily with the annual growth 0/20.74%

There has been strong development of the processing industry, pharmaceuticals, aquatic product, food, fisheries, and construction materials. fields have became the prestigious brands in the country and some have been developed and come into international markets such as DOMESCO Dong Thap, Dong Thap Rubber Corporation. Thanks to the concentration of investment in urban upgrading, construction industry grew rapidly, boosting businesses and people investing in the construction of living houses, houses for rent, offices, forming the real estate transaction.

The agricultural area continued its development speed, average annual growth rate

0/5.88%:

Infrastructure serving agricultural production is basically completed. The flood control dyke system completed 80%. Completed development plan of the aquaculture area. Urban agriculture has been gradually developing, developing area of planting mango with specialized cultivation under the GAP standardS, area of clean vegetables, orchids, etc. and many model of urban agriculture being tested to put into practical application. Capital mobilization for development investment has been positively carried out investment structure attracting more economic sectors to invest in

The total budget revenue of the city in five years (2006-2010) was VNDl,383 billion; in which the local budget revenue accounted for VNDl,081 billion, increased by an average of

4 Type 1: The market has over 400 business places and permanent construction and modernization according to the approved plan Type 2: The market has over 200 business places and permanent or semi-permanent construction according to the approved plan Type 3: The market has below 200 business places or has not permanent built yet. 5 GAP standard is standard of good agricultural practice. With full name: "Good Agriculture Practices". GAP is designed specifically for agricultural production

Pacific Ocean Enl!ineerinK JSC (PCO) 34

Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanb Citysub-project Resettlement Plan

17.25% per year. The total budget expenditure in the five years (2006-2010) was VND1,114 billion, of which expenditure for development investment accounted for 40% of total expenditure.

One of the key factors fueling the rapid and strong socio-economy growth of Cao Lanh city over the past years is actively integrating and attractive domestic and foreign investments. With these open policies of local authorities more domestic enterprises and oversee investors are coming in and gaining success in Cao Lanh City.

Labor and human resource

According to the report on labor and employment, unemployment, poverty of the Department of Labor - War Invalids & Social Affairs (DOLISA) - Cao Lanh City People's Committee dated 11/01/2010, employed workers in the city accounted for 69.15% (with 66,033 employees); and unemployment was low with 5.30% (with 5,061 employees). Percentage of poor households in the city (according to the urban poverty standard in period from 2005 to 2010, average income of 260,000 VND 1 person 1 month) is 2.64% with 881 poor households.

Figure 3 Labor rate with employment and unemployment of Cao Lanh city in 2009

(Source: report of labor and employment, unemployment, the poor of the Division of Labor - War Invalids & Social Affairs-Cao Lanh city People's Committee dated on 11 Jan 2010)

The number of employment in the industrial sector in the city is constantly increasing over the years, in particular: in 2007 with 9,769 people in 2008 to 10,563 in 2009 to 12,465 persons and with the number of the local industrial facilities in the city has significantly increased as statistics shows below:

a e opu a Ion T bl 11 P I f Criteria Unit Year 2007 Year 2008 Year 2009

Public labor on the People 9,769 10,563 12,465 area no. industrial units Units . 1,125 1,192 1,214 on the area

(Source: Statistic year book ofCao Lanh city in 2009)

The data on population and labor are fully consistent with the situation of economic

development in the city: shifting dramatically to the industry, trade and service sectors.

Pacific Ocean Enj!ineerinj! JSC (PCO) 35


Especially, the private sector is highly developed and, economic area of foreign investment has not yet developed, the workforce in this area is still very limited. 4.2.2 Master plan of Cao Lanh city to 2020

a) Master Plan of Cao Lan!, City to 2020

Developing areas along Highway 30 towards Northwest and connecting with Tran Quoc Toan industrial park. Expanding the existing centers towards ward 3, 4, Hoa Thuan Ward, developing Hamlet 1 of My Tan commune to become a ward connecting with Ward 11, My Phu Ward. Especially focusing on development towards the South, expanding ward 6 towards Tien river bank and combining with the existing ferry area. In the future, ward 6 will be divided into two separated wards.

- Advantages: - Consistent with the present residential development trend and taking advantage of all current technical facilities of the city and important traffic routes, while an harmonic combination with water transportation river wharf, for a convenient transportation

system. A close combination of administrative - political, economic - commercial, industrial,

area and residential area ..

- Disadvantages: High investment cost for infrastructure construction due to the

SEGMENTED and inconsistent development. Need to construct the Highway 30 outside

urban areas.

b) City popUlation:

Currently, Cao Lanh citY total population accounts 160,110 people, and to be 212,000 people

for the year 2020 ..

c) Planning lite land use:

Table 12 Plan of urban land use of Cao Lanb city to year 2020 Current status in Estimation in

year 2009 year 2020 Rate

No. Works Criteria Criteria Area Area %

A

B

C

(m2/ (m2

/

person) (ha)

person} (ba)

Civil land 72.5 741.32 90 1,548 - Residential land 400.15 50 860 - Land for lLublic works 84.3 6 103.2 - Green trees land - sport 30.8 12 206.4 - Transport land 193.3 22 378.4

. Civil land out of city_level - Office land not in the forest 32.7 6 103.2 Land out of civil area 281.2 650

. - Industrial land 111.7 330 - Warehouse land - External transp_ort land 70 - Army land 140.98 220 - Other land 21.32 30 Total urban construction land 1,022.5 2,300

I Land for development provision 230

(Source: Project investment in developing and upgrading Cao Lanh city to create premise for reaching urban type II, in 2009)

Pacific Ocean Enllineerinll JSC (PCO)

67.3

4.5 28.2

100

36


4.2.3 Socio-economic Information on the directly affected households

Socio - economic survey was been conducted with 331 affected HH (accounting for 14% of total of affected HH) from April to June 2011.

a. Demographic characteristics of the households

According to the survey data in the project area there are 331 affected households with total of 1992 inhabitants (1,197 male and 795 female) throughout 9 wards/communes. On average, each household in the study area has 6.02 people. In terms of gender composition, the proportion of men and women in the project area has significant differences. About 61.3% of total households have 3 to 5 people followed by households with 2 and from 6 to 9 inhabitants (17.2% and 12.7 % respectively). The number of single households is 20 households (6%). Especially in some areas, households with ten (10), eleven (11) and twelve (12) member in a family account for 2.7%.

Educations level of households individuals located in the project affected areas ,36.9% have secondary school level; 38.8%, high school, and the number of illiteracy/not school education is low 1.4% ..

Table 13 Education structure of inhabitants of households located in the areas affected by the Project (percentage %)

Illiteracy / Not in

school

Total

1.2

16.7

34.6

40.6

5.7

1.2

100

0.2

11.2

20.7

57.3

7.5

3.1

100

b. Income and expenditure

0.9 0.5

.14.1 18

45.5 41.9

33.9 30.2

2.9 6

2.7 3.4

100 100

2.4 3 1.3 1.7 1.4

10.1 25 18.7 20.6 16.8

6003 30.2 30 32.1 36.9

23.4 39 45 41.2 38.8

2 1.8 3 4.1 4.1

1.8 1 2 OJ 1.9

100 100 100 100 100.0

Household income: According to the results of the investigation, the income sources of households are in the following sectors: free labor (accounting for 39.9%), trade and services (26.2%), public service (12%), and agriculture/farming (9.3%).

Generally, income sources of households varies according to geographical areas. In areas

such as Hoa An, people's income mainly comes from agricultural cultivation. In the central wards like wards 1,2,3, incomes sources are mainly from the business.

Pacific Ocean EnJ{ineerinJ{ JSC (PCO) 37


Table 14 Household income source structure

Total Public OffICe Services,

Ward/commune surveyed

servant staff business Agriculture Housewives,

households (%) (%) (%) (%) retirees (%)

(HH)

Ward 1 47 21.3 0 32 2.1 2.1

Ward 2 51 7.8 0 49 0 2

Ward 3 48 27.1 2.1 35.5 0 6.3

Ward 4 38 18.4 0 26.3 0 5.3

Ward 6 22 0 0 13.6 13.6 0

Ward 11 21 9.5 0 14.3 9.5 23.8

Hoa Thuan ward 24 0 4.2 16.7 0 8.3

Hoa An commune 50 0 2 24 44 4

Total 301 12 1 29.5 9.3 5.3


Chher I Free labor Unemployment (%) (%) (%)

36.2 2.1 4.3

41.2 0 0 I

25 0 4.2

42.1 0 5.3

68.2 0 4.5

42.9 0 0

70.8 0 0

26 0 0 I

39.9 ____ O __ ~. ____ ~_~U _ ... - -

Mekong River Delta Regional Urban Upgrading Project Cao Lanh City sub-project Resettlement Report

Generally, the households with income from free labor and State officer have normal income and only afford for daily life. Only households which do some business can get higher income and have wealth accumulations.

Table 15 Income distribution of residents living in project affected areas (percentage %)

I ~essthan 500,000- 651,000- , 1.50~.000 More Average income per 500,000 650,000 1.500.000 than 3

I caEita per month .

i million . 3.000.000

Ward 1 15.2 8.7 58.7 15.2 2.2

Ward 2 21.6 27.5 35.3 13.7 2

Ward 3 2.1 12.8 34 51.1

I Ward 4 10.8 32.4 56.8 Ward 6 9.5 4.8 38.1 23.8 23.8

I Ward 11 14.3 85.7

Hoa Thuan ward 25 43.2 31.8

Hoa An commune 6 4 48 42

Total 8.4 6.8 35.5 28.1 21.3

The average income per capita per month of project affected households is 560,000 VND. If

this is compared to the common socio-economic survey result of the City (2011), this income

is just as much as one seconds (1,256,000 VND). Moreover, survey data also shows that there

is a considerable difference regarding the average income per capita per month among

different geographical areas. For instance, the area of LIA2 and LIA (ward 3 and 4 - inner

city) has the highest average income, whereas LIA 1 - ward 2 has the lowest average income.

Figure 4 Income level of households

Rate of total income of affected households

Pacific Ocean Engineering JSC (PCO)

Iil1lessthan 500,000

II 500,000 - 650,000

g 651,000 -1,500,000

iii 1,501,000 - 3,000,000

Iii More than 3 million

39

I

I I


According to the survey among 91.2% of all surveyed households which provided infonnation on their income, 50.7% earns under 1.5 million VND; some from 1.5 to 3 million VND (28.1 %); and others over three million VND (21.3%).

Expenditure of the household: Only 243 households out of total 331 (73.4%). surveyed households provided infonnation households expenditure. Among them the expenditure of households ranged from 1.5 to 3 million per month accounted for 49.8%, followed by the expenditure level under 1.5 million VDN per month (22.2%). In tenns of family expenditure, while 46.5% of respondents said that their wives held major decision in family expenditure, 41.6% was decided by both husband and wife.

c. Vulnerable Groups

Vulnerable Groups are the ones who can be unequally affected or who have higher risk of being impoverished because of resettlement impacts.

Table 16 Groups of vulnerable households living in affected areas

Item Vulnerable Groups Poor ! HH with disabled Female headed family

household people 1 loss of working capacity

Ward 1 2

i Ward 2

Ward 3 3 1

Ward 4

Ward 6 3

Ward 11

Hoa Thuan ward 1 Hoa An commune 4 3 Total 7 1 9

17 out of total 2,333 affected households are poor households: households with the disabled, and households benefiting from social security (e.g. households with the invalids and martyrs,

households making meritorious contribution to the revolution). Impact mitigation measures and livelihood restoration for these households will be carefully monitored.

d. Electric Households Appliances

On average throughout the project area, there is 85.4% of households with television, and video; 83.8% with motorbikes; 64.2% with fixed telephones; 38.7% with refrigerators; 22.9% with washing machine, 4.9% with air conditioning, and 80.5% with fans.


i


v - POLICY FRAMWORK AND RIGHTS

5.1 Legal Framework

Resettlement Plan

This part reviews the policies and legal framework of the GOV and the WB concerning land acquisition, compensation, assistance and resettlement. Compensation policy in Cao Lanh City subproject will comply with World Bank's involuntary resettlement policy OPIBP 4.12 and laws, regulations and policy of the Vietnamese government.

The GOV's legal framework: The main laws and decrees relating land acquisition, compensation and resettlement and regulations of cities/provinces applied in Vietnam include:

• The 1992 Constitution of the Socialist Republic of Vietnam certifying the housing ownership of citizens and protection of their housing ownership;

• The 2003 Law on Land issued on 26 November 2003.

• Decree No.181/2004IND-CP dated 29th October 2004 guiding the implementation of the amended Law 2003 on Land.

• Decree No.197/2004IND-CP dated 03/1212004, regulating compensation, assistance and resettlement when the State acquires land.

• Decree No.18812004IND-CP dated 16111/2004 providing method of land price calculation and the Tariff for all types ofland

• Circular 114/2004/TT-BTC dated on November 16th 2004 by the Ministry of Finance directing the implementation of Decree 188/20041ND-CP of the Government

• Decree No.17/2006IND-CP dated 27th January 2006 of the Government on amendment and supplementation to a number of articles of the decrees guiding the implementation of the Land Law and Decree No.187/20041ND-CP on conversion of State-owned companies into joint-stock companies.

• Decree NO.S4/2007/CP dated 25th May 2007 providing additional regulations on issuing certificate of land use right, land acquisition, implementation of land use right, procedures of compensation and resettlement upon the State's recovery of land and grievance redress about land.

• Decree No. 123/2007IND-CP 27/7/2007, adding and amending some articles of Decree No. IS8/2004IND-CP on 16111/2004 on methods of determining land prices and land price frame;

• Decree No.69/20091ND-CP dated 13/0S/2009, regulating additional planning of land use, land prices, land acquisition, compensation and resettlement assistance;

• Circular No.14/2009/TT-BTNMT on October 1St, 2009 of the Ministry of Natural Resource and Environment, regulating detailed regulations on compensation, assistance and resettlement and procedures of land acquisition, land allocation and land lease.

• Decision no 29/2009/QE>-UBND dated on 23 Dec 2009 of Dong Thap People's Committee issuing the regulation on compensation assistance and resettlement when the State acquires land in Dong Thap province.

• Decision no OS/200S/QD-UBND dated on 4 March 200S of Dong Thap People's Committee issuing the regulation on compensation price for trees, animals, relocating cost of tombs when the State acquires land in Dong Thap province.

Pacific Ocean Enl(ineerinl( JSC (PCO) 41


• Decision no 1512010/QD-UBND dated on 14 Jun 2010 of Dong Thap People's Committee issuing the regulation on standard price list of houses and architecture things newly built applied in Dong Thap province.

• Decision no. 39/2010/QD-UBND dated on 28 Dec 2010 of Dong Thap People's Committee issuing the price regulation of all kinds in the territory of Dong Thap province

World Bank/or involuntary resettlement (OPIBP 4.12)

The first objective in the WB policies is to minimize or avoid involuntary resettlement. Where it is not feasible to avoid resettlement, plans should be made for compensation and assistance to restore the DPs' living standard to pre-project levels or to levels prevailing prior to the beginning of project implementation. This policy for the of land acquisition and other assets is applied when the project causes loss of shelter, part or all of the DPs profitable assets, or accessibility to sources of income andlor production.

Required measures for the best resettlement results: a. Consulting DP about feasible measures for compensation and resettlement plans;

b. Providing DP with options for resettlement and recovery;

c. Offering DP opportunities to participate in and choose planning options;

d. Compensating fully at replacement costs for losses attributable to the project;

e. Resettlement site must be provided with fundamental infrastructure and services same as the DP' previous residential areas at least;

f. Providing DP with allowances, supports, vocational training and income assistance to facilitate their relocation;

g. Identifying special supports for vulnerable groups and;

h. Setting up an institutional structure to ensure the successful compensation and resettlement;

Compensation Criteria and Eligibility:

- DPs who are entitled to the compensation are: (a) those who have legal rights to land or other assets; (b) those who currently do not have legal rights to land or other assets but have claimed for legalizable land or assets in accordance with the Vietnamese laws based on the storage of such documents as land tax bills, certificates of residence status, or residential permissions of local authorities to occupy and use the land in the project affected areas; and (c) those who have no recognizable legal right or no claim to legalizable land they are occupying

- Persons stated in section (a) and (b) are compensated for their affected land and assets. Persons stated in section (c) are given Resettlement Assistance in lieu of compensation for the land they occupy, and other assistances, if necessary, to achieve the objectives of the policy. Ifthey occupy land in the project area prior to the cut-off date determined in each RP, persons encroaching land after the cut-off date determined in each RP are not entitled to the compensation or any resettlement assistances.

Valuation and compensation for losses: methods used for the valuation of losses in WB funding projects need to ensure full replacement costs. For this project, the losses consist of damages to land, structures and other assets. The replacement cost of land includes the land value as defined in accordance with the prevalent market price plus the fee for obtaining certificate of land use rights. For affected houses and other structures, the valuation is based on the market prices of construction materials and labor costs to build a replacement house of

Pacific Ocean Enl(ineerinl( JSC (PCO) 42


equal or better quality and area to the affected one. For works partly or totally affected by the project, the compensation includes the market price of building materials plus costs for transportation, labor and contractor fees, registration fees and transfer taxes. Asset depreciation and value of salvaged materials are not deducted.

Comparison of the GOV and WB policies GOV's policies and practices both in resettlement and compensation are mostly compatible

with the WB 's policy guidelines. The most compatible domains are as follows:

• Vietnam has procedures that allow compensation for losses of people who have no legal land use rights but possibly satisfy conditions of land legalization.

• Registered permanent residents are entitled to choose what form of compensation they want such as relocation to a better resettlement site, receiving cash, or combination of both resettlement and receiving cash.

• New resettlement locations for DP should have better infrastructures and public services than DP's previous locations and higher living condition.

• There will be mechanism to assist for DPs in transition period and keep people informed; thereby they can negotiate for compensation and voicing their grievances.

Pacifre Ocean Engineering JSC (PCO) 43

Mekong River Delta Regional Urban Upgrading Project Cao Lanh City snb-project Resettlement Report

Table 17 Difference between the Compensation, Assistance and Resettlement Policies ofthe GOV and the WB OP4.12 for the Urban Upgrading Project for Mekong Delta

--

The GOV's Policies

No. Contents The WB's Policy (Quotation of Decree No.19712004, Policy proposed for the Project Remarks (OPIBP 4.12) Decree No. 841200 7 and Decree

No. 6912009IND-Cp)

1 Land is not eligible No compensation for No compensation for land but providing Agricultural land: No compensation for compensation land but providing supports depending on the affected level but supports at least 60% of

supports for and legality of the land. agricultural prices for living relocation and recovery. livelihoods recovery Residential land and non~

Agricultural land: No compensation but supports 30~50% of land value for living recovery_

2 Land price Based on The city/province PCs set up tables of land A project entity for land valuation Ensuring that the replacement costs price and compensation plans in will be hired to survey replacement replacement (reflecting market accordance with the allocated land use cost that are to be basis for costs reflect the prices plus purpose. determination of compensation price market transaction fees). to be applied in the Project, and transferable

report the PPC for approval. prices of land use right as specified in Decree No.69/2009/ND-CPo

3 Houses or other Support 100% of Support based on the affected level and Support of 100% of new structures to be new construction legality of houses and other structures. construction prices plus fees for acquired on land are prices plus fees for relevant administrative procedures not eligible to the relevant (transaction cost). compensation administrative

_ ...................... _.- --


I

I


The GOV's Policies

No. Contents The WB's Policy (Quotation of Decree No.19712004, (OPIBP 4.12) Decree No. 841200 7 and Decree

No. 6912009IND-Cp) procedures.

4 Resettlement For all relocated Only apply to relocated households whose Arrangement households land and houses are eligible to the

compensation. I I

In case of ineligibility for compensation, if DPs have no other accommodations, they will be considered case by case.

I

~ Pacific Ocean Engineering JSC (PCO) 45

Policy proposed for the Project Remarks

All relocated households who have legal right to their affected houses and land, are eligible for land allocation in the resettlement sites. In case, the compensation for a household is not enough to buy a land in a resettlement site, that household will be provided with assistance for buying such land in resettlement site (the support money will not exceed the difference of I land compensation amount and price of a minimum residential land plot . stipulated in the locality). Households, who are not entitled to the compensation for residential land but have no other lands to live, confirmed by local authorities, will be allocated plots of land in resettlement site (at minimum plots stipulated in the locality) and must pay land-use fee; if they cannot affordable, they will be in debt (can buy or credit).

Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City snb-project Resettlement Plan

The GOV's Policies

No. Contents The WB's Policy (Quotation of Decree No.19712004, (OPIBP 4.12) Decree No. 841200 7 and Decree

No. 6912009IND-Cp)

5 Support for affected Support for all Business, production households with business households affected business business licenses whose income are

households affected will be compensated or support for recovering their business losses equal to 30% of their yearly incomes after taxing based on their average yearly incomes of the 3 previous continuous years conftrmed by the tax agency.

6 Threshold of serious Losing 20% or more Losing over 30% of agricultural land effect to the of agricultural land household income and 10% or more for source due to vulnerable groups. agricultural land

Pacific Ocean Engilleering JSC (PCO) 46


Business, production households with business licenses whose income are affected will be compensated or support for recovering their business losses equal to 50% of their yearly incomes after taxing based on their average yearly incomes of the 3 previous continuous years before there is a decision of land acquisition. DPs, who doing small business or service at home does not declare to the taxation agency, will be provided with a monthly average income of their business within 6 months. Temporarily DPs who doing small business or service at home does not declare to the taxation agency will be provided with a monthly average income of their business during the project construction but not exceeding 6 months.

---------

Losing 20% or more of agricultural land and 10% or more for vulnerable groups


The GOV's Policies

No. Contents The WB's Policy (Quotation of Decree No.197/2004, (OPIBP 4.12) Decree No.8412007 and Decree

No. 69/2009/ND-Cp) acquisition.

7 Monitoring of Independent Not applicable compensation and monitoring should resettlement be employed to

monitor and assess the information of compensation and resettlement objectively.



,

Independent monitoring should be .

conducted frequently before, during and after the compensation and resettlement.


5.2 Required Waivers As the WB OP 4.12 policy on Involuntary Resettlement applies, if there are articles in the laws and regulations of Vietnam that do not meet the WB policy objectives and standards (for example DPs' right to compensation at replacement costs; right of being restored and/or assisted to households without valid land papers; limits to the compensation required), the WB OP 4.12 will apply to all components of the project.

5.3 Principles and Objectives The WB Operational Policy 4.12 (OPIBP 4.12) applies for the preparation of this RP, and the following principles and objectives as follows:

(a) Land acquisition and asset impacts as well as resettlement of DPs must be minimized as much as possible.

(b) All DPs residing, working, doing business or farming in the project areas will be provided with rehabilitation measures, sufficient enough for them to improve or at least maintain their living standards, income earning and production capacity same as their pre-project conditions. Lack a/legal rights to acquired land will not hinder DPs from their entitlement to access such rehabilitation measures.

(c) The rehabilitation measures to be provided are: (i) compensation at replacement costs without deduction of depreciation or salvage materials for houses and other structures; (ii) an agricultural land is compensated by equal agricultural land (or land-for-Iand) or by replacement cost relying on local conditions; (iii) a residential land (if any) is compensated by an equal residential land, which is acceptable to DPs or compensated by replacement cost relying on DPs' option; (iv) supports for transportation and subsistence costs and (v) any other supports in demand to help DPs improve their living conditions and income capacity, or at least keep their economic conditions as before the project implementation.

(d) Replacement of residential and agricultural land will be as nearby affected land as possible and acceptable to DPs.

(e) Displacement time for resettlement should be minimized and the rehabilitation means shall be provided to DPs no later than one month prior to the expected commencement of works in the respective project areas.

(f) Plans for land acquisition and other assets and provision of rehabilitation measures must be taken under the consultation with DPs to minimize their disturbance. Entitlements shall be provided to DPs prior to the expected commencement of works at the respective project areas.

(g) Existing public services shall be maintained or improved.

(h) Budget for resettlement shall be available in the project implementation stages.

(i) The executing organization must ensure the design, planning, consultation and implementation of the RP effectively and timely. The executing organization must ensure the design, planning, consultation and implementation of the RP effectively and timely.

0) Checking, monitoring and assessing the implementation of RP timely and effectively should be conducted.



5.4 Policies and Rights 5.4.1 Compensation Policy for Loss of Residential Land

Households' Residential Land:

Legal and legalizable land users: the project affected land-users will be compensated/assisted for actual affected area at cash in replacement cost; or through provision of "land for land" and arrangement of equal quality, acceptable to DPs and with fuHland title.

In case, DPs losing residential land and their remaining land is not large enough for their residence (ineligible for building new house as stipulated), the remaining unusable land will be acquired and compensated by a similar quality land or in cash at 100% replacement cost.

Land-users who are eligible for compensation of acquired land (legal and legalizable landusers) but their lands are in dispute, will be compensated at 100% replacement cost only when their disputes are resolved.

House built beyond river/canals: affected assets like house/structures of households who are living on the river/canal will be assisted at 100% residential replacement cost for their current using area but not excess of local residential land allocation and/or such households will be arranged land plots in resettlement sites (at minimum local land plot), in case severely/relocated DPS6.

Olegal land users (not eligible to land compensation), will be assisted in cash at 30-50% replacement cose of the affected land. During implementation phase, monitoring will be used to determine if they have achieved livelihood restoration through these means; and if not, further special assistance package(s) will be proposed that ensure the DP's livelihood restoration has done.

The Rental Land from the States: (a) If households are provided with houses in resettlement site, they will not receive compensation and support for land and (b) If households are not provided with houses in resettlement site, they will receive cash for their self-arrangement equivalent with 60% of land price for the areas where there are houses for rent; If the affected house is a multi-storey building, the allowance will be equal to 60% of the land value attributable to each storey based on a coefficient to determine the allowance; area of encroachment land is not compensated but supported for investment costs in such land.

5.4.2 Compensation Policy for Loss of Agricultural Land DPs who are affected by the subproject will be entitled to the compensation with cash as following

Legal and Legalizable land users: When their land is acquired, they will be compensated as follows:

If DP loss less than 20% of their total arable land (the portion of land to be loss is less than 10% if DPs are the poor and/or vulnerable group) or the remaining area is economically viable, DPs will be compensated with cash at 100% replacement cost for the acquired area.

6 Remark: the land plot width is defined as current used status and that of length is also defined as current use status, concerning to specific river landmark limitation that issued by PPC. 7 Note: the assistance is aimed at two different categories (i) assisted at 50% for illegal DPs who do not violate the city announced master plan and (ii) assisted 30% for illegal DPs who do violate the city announced master

rlan. This means that the land user (s) have a fixed term rentinglbidding contract (s) with State, (not permanently

owned by household as mentioned in Para 19: household's residential land)


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh Resettlement Plan If DP's loss is 20% or more of their total arable land (the portion of land to be loss is 10% or more, ifDPs are the poor and/or vulnerable group) or the remaining area is not economically viable, DPs will be compensated by cash at 100% replacement cost.

For agriculturalland/gardenlpond close to urban areas, in addition to compensation by replacement costs, DPs will be supported by 30-70% of average land prices in the acquired areas.

Illegal land users (not eligible to land compensation: will receive a minimum support of 60% replacement cost9 of respective acquired area. During implementation phase, monitoring will be used to determine if they have achieved livelihood restoration through these means; and if not, further special assistance package(s) will be proposed that ensure the DP's livelihood restoration has done

Users of leased land (public land): DPs will be compensated an amount of money equivalent to their investment costs for such land (equivalent with 30% of agricultural land).

5.4.3 Compensation Policy for Loss of Architectures/Structures

For affected architectures and structures of households/individuals (a) compensate or assist in cash for any affected structures equivalent to 100% replacement costs, and (b) If the structures are partly affected: (i) the remaining is not usable: compensate 100% work volume (with confirmation of the CARB), (ii) if the remaining is usable, compensate for affected part and provide an assistance of 20-50% value of affected part 10.11.

Other household affected structures and architectural works which are rented from state: (i) An allowance of 60% of the price of the rented house calculated based on the unit price of new construction; or (ii) to be assisted for renting a new house of similar value.

5.4.4 Compensation Policy for Loss of Trees and Farming Products

For annual crops and perennial trees, compensation will be paid to households who cultivate land based on market prices of crops and aquatic products for the average output per year and/or at replacement costs for affected perennial trees12

• Trees are possibly relocated to other locations; compensation will be applied based on actual loss and damage plus transportation fees

5.4.5 Income Compensation Policy for Termination of Business and Production

For DPs loss of income sources from business and production, the compensation policy will be:

(a) Licensed business and production households whose income is affected will be compensated or supported for losses of their business equivalent to 50% of their actual annual income after tax:. The amount of compensation will be based on their average yearly income of 3 consecutive years declared with the taxation agency (equivalent to 100% of the average income of6 months).

9 Support at least 50% of agricultural land price to the case that an area of agricultural land exceeds the local allocation limit, which is rented incompetently. 10 Auxiliary structures behind acquisition landmarks of houses (remaining area less than 15m2

), if dismantled, will be compensated/assisted at 100% replacement cost. 11 Affected houses! structures are administratively fined for construction before the project implementation will be based on the provisions of such decisions of administrative fine. 12 Method to determine market price and replacement cost for trees and farm produces will be based on the stipulation of Item 24, Decree No.1 97120041ND-CP.



(b) Permanent DPs who operate small business or services at home but do not declare income to the taxation agency will be provided with an allowance equivalent of a 6-month average income.

(c) Temporary DPs who operate small business or services at home but do not declare income to the taxation agency will be provided with an allowance equivalent to monthly average income during the project construction but not exceeding maximum 6 months.

This compensation and assistance will make part of project's baseline information and to be monitored during project implementation. In case that affected livelihood cannot be actually restored, the support level should be adjusted accordingly. Monitoring of this situation will continue until it can be determined that they are at least no worse off than before the project impacts.

5.4.6 Compensation for Affected Public Utilities

If some public infrastructures, such as schools, bridges, factories, water sources, roads, electricity, water supply, or drainage are damaged, PMU shall certify that these structures are restored or repaired for each specific case, and the community does not have to pay for such repair costs.

5.4.7 Compensation for displacement of graves

The levels of compensation for the removal of graves will be cover all costs of land for burial, digging, loading, moving, construction and other suitably related costs by replacement costs. Specific graves will be compensated from 2,000,000 VND to 5,000,000 VND according to their design structures and cost estimates. The compensation cash will be paid to each affected household.

Consultations with HHs whose graves will be relocated have been conducted at the same time of public meeting in the affected areas. These HHs can move the affected grave to place where they will find by themselves or it is the city cemetery. Displacement of grave is specifically related to spirituality, so people need time to prepare, information regarding moving graves need to be provided to each household and on mass media for them to timely prepare, especially households who work distantly. Implementation plan including time to move graves should be arranged to avoid adverse effects on the spiritual. The removal activity of graves will be conducted at the end of every year. Most of these HHs agreed to move affected grave to new place.

5.4.8 Restoration Allowance and Assistance in Transition Period

For households whose residential lands are affected:

Households whose houses are relocated all will be paid the following allowances:

(a) Support for removal of houses and structures: For households who move to other residential areas in the city, their maximum allowance is: 5,000,000 VNDlhousehold (but minimum level is not lower than 3.000.000VNDlhousehold). Move to other distrlctsltowns in the province, maximum support is: 7,OOO,OOOVNDlhousehold. Move to other province, maximum support is: 9,OOO,OOOVNDlhousehold.

(b) Support for renting housing as houses are not built: Those who have houses on recovered land are eligible for resettlement allocation will be supported for house


Mekong Delta Region Urban Upgrading Project (IvIDR-UUP) Cao Lanh City snb-project Resettlement Plan duration of the project, rewarded 5% of the value of compensation, but no less than 2 million VNDlhousehold, and maximum at 5,000,000 VNDlhousehold.

Other Support: the household or individual acquired land (including those households living on public land, or other land) of HHs that: (i) are vulnerable groups such as households headed by women with dependents, households with the disabled, elderly single-anchor the support will be from the 3 million-lO million donglhousehold, respectively; (ii) under preferential policy shall be supported 1,000,000-3,000,000 VNDlhousehold,

5.5 Voluntary land donation

For component 1 of the project (upgrading infrastructure level 3), people in LIAs that are project's direct beneficiaries, are expected to contribute for upgrading. Contribution rate will be unified in community upgrading plans in each community. For those affected parts of the land, affected HHs may choose voluntary contribution of affected land instead of contributing to the cost of construction or small voluntary donation of land affected to the project.

Major principles in voluntary land donation

Households are fully provided with information of project compensation and resettlement policy;

Households themselves decide the scope of land acquisition for the Project and scope of their voluntary land donation;

The scope of affected land is small (less than 10% of their land holding and DPs are not relocated) 13;

The project will provide with a suitable claim settlement scheme

Identifying process o/voluntary land donation

The PMU and its consultants provide full information about the upgrading options, including policies of compensation and resettlement, as well as the principle of voluntary donation of land for the project

The affected households will select the scale of land acquisition for the purpose of road widening in the process of making community upgrading plan (CUP)

The affected households will discuss the donation level of the land. If the mzYority of them want to donate the affected land but there are affected households who do not want to donate, the affected households and the commune have to figure out the proper method to compensate for the households including implementation of loss-share mechanisms. Otherwise the affected households will be compensated by the project.

Inventory of land and other property damage and the cost estimation will be delivered to households by the District Compensation Board.

Households sign to confirm their land donation level. If there are other losses left, including all structure and other assets attached to the affected land, these will be compensated.

Disclosure of information about compensation and voluntary donation of land in the public areas.

13 In case, DPs are able to donate more land than expected, the Project can accept provided that the Independent Monitoring Agency must check if the land donation affects the DPs' living condition.


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-project Resettlement Plan Tracking and monitoring: PMU has to report on the voluntary donation of land to the epe and the World Bank to consider before perfonning this task. This work always requires the regular monitoring and reporting to receive the unity of the epe and the World Bank. Independent monitoring must be conducted for approximate 20% voluntary households to check their voluntaries and assess the scope of impacts caused by their land donation


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanb Resettlement Plan

VI -RESETTLEMENT AREA

6.1 Resettlement demand assessment According to the estimation, there are about 2,333 affected households, in which 324 households must be relocated and 518 households will be on-site temporary resettlement The detail is presented in this table:

T bl 18 T I I I I d d a e ota resett ement temporal1 resett ement eman

No Work Items No of No of Land lots of

relocated rearranged Resettlement

HH BB

A Component 1

LIAI 27 0 27

LIA2 68 250 318

LIA3 34 0 34

LIA4 0 268 268

LIA5 37 0 37

LIA6 4 0 4

LIA7 12 0 12

LIA8 5 0 5

LIA9 6 0 6

LIA 10 0 0 0

LIA 11 0 0 0

LIA 12 0 0 0

LIA 13 0 0 0

LIA 14 0 0 0

True Xanh kindergarten 1 0 1

Total A 194 518 712

B Component 2

CMT8 0 0 0

DinhBo Linh 12 0 12

Pham Nhon Thuan ( Canal 16) 5 0 5

Lo HoaDong 0 0 0



Nguyen Dinh Chieu 0 0 0

Nguyen Thai Hoc 11 0 11

Nguyen Thi Luu 4 0 4

Ton Duc Thang extended 9 0 9

Tran Hung Dao 11 0 11

Tran Thi Thu 0 0 0

Cao Lanh river embankment 58 0 58

Total B 110 0 110

C Component 3

Resettlement area 20 0 20

Total C 20 0 20

D TOTAL 324 518 324

E No of anticipated separated 44 0 44

households in the project

implementation (15%)

Total D+ E 368 518 886

To evaluate the resettlement demands, queries and needs of affected households, consultation has been conducted in the preparation phase, and will continue to be conducted in the resettlement phase to listen to people's opinions and minimize impacts.

The land for resettlement and on~site temporary resettlement is sufficient for all relocated and rearranged households, including 15 % land contingency for relocated households in case there are many households living together.

According to the consultations 92.~ % of relocated HHs prefered the option to receive land plot in resettlement site of the project. The remaining HHs prefer seeking a new residence by themselves, yet they said to be reconfirming their final choice. Therefore, at this point, the number of resettlement plots to be allocated in resettlement area still needs to reconfirming the number of households to ensure that it meets needs of all HHs and individuales at the project implementation phase.

Expectation of resettlement:

This key issue is the compensation price for the affected households. Regarding the resettlement location, HH affected residents expressed their demand for having to be relocated in a resettlement site nearby their current living place. So they won't be major impacts on their livelihoods, especially social relations and customs.

According to the survey result, HHs to be relocated, chose to receive land plots in resettlement site where infrastructure will be constructed completely (accounting 92.5 %). No households choose the apartment because they do not have habit of living in apartment and the apartment is more expensive than what they can afford with their incomes. In addition,


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanb Resettlement Plan

the households will take the initiative in coordinating and finding the business opportunity to make a living. Only 7.5 % of households expect to receive compensation and prepare new housing on their own.

Expectation ofrelocated HHs:

Firstly, the residents understand the project value and benefit, thus they agree with the construction, site clearance and resettlement activities.

Secondly, the residents expect resettlement site is near the fonner place or located in ward/ commune. Therefore, there will not be changes in customs, the participation in activities of villages, communities, culture features, community relations.

Thirdly, residents expect construction of resettlement site will be completed and handed over before the land acquisition. Technical and social infrastructure in resettlement site must be accomplished before handing over. The households want the temporary living place to be well equipped to ensure the living condition and enviroment.

Fouthly, the residents expect the price of resettlement land will be not too high compared to compensation price because most of them have low and medium income. Compensation and support is expected to cover their living cost in the new place.

Expectation of on-site temporary resettlement HHs

Most of households expect houses, architectures and assets on land will be sactisfactorily compensated:

Rearranged households want to be settled at the present place. However, project only can meet the partial demand of households because the whole land area will be rearrangedbut the DPs will be rearranged as closer to their current location as possible. The residents also support that option.

The households expect to get the relocation and housing rental assistance (if project can arrange houses for these households) during temporary resettlement and plot division. If the project is delayed in any circumstance, it requires to extend time and supplement housing rental assistance.

The area of rearranged plot is equal or larger than the old area. In case of larger area, the residents have to pay extra cost, there should be loan policy and suitable time so that the livelihood will not be affected.

6.2 Preparation of resettlement sites The resettlement and onsite temporary resettlement sites will be provided with sufficient infrastructure, such as sub-grading, transport system, water supply and drainage system, lighting system, trees for entire resettlement as approved planning. The planned total investment for the resettlement site is about 9,120,000 USD.

a. Resettlement area in Ward -I - Hoa An

Resettlement area in Ward 4 - Hoa An is 11.25ha, including 368 plots of 110m2 for resettlement of affected housholds. In addition to plot areas, funtional area for resettlement area in Ward 4 - Hoa An are designed: trees, community cultural house, kidgarden, office and public area with infrastructure; sub-grading, transport system, water supply and drainage system, lighting system, and urban lighting system.



Table 19 Determination of infrastructure standard for resettlement area

Item Proposed standard

Criteria (m2/persons) Mode Note Housing land 24 mLII person - Using area: 80% Number of

11Om2IIhouseholds - Other area: 20% person in a average household 4,6 persons/ household

TransporUpower 7 mllI person supply/lighting Trees 2 mlll person

Social infrastructure - Education: 1 mL/person works (education, - Healthcare : 0,5 m2

/

healthcare, culture, person market) - Culture: 0,5 m21 person

Market: 2,000 m2lkhu

Proposed resettlement area with scale 112000 in Ward 4- Hoa An, Cao Lanh city. The detail planning of this area is prepared. Total city resettlement area is 56.9 ha, and project resettlement area is 11.25 ha to be developed with completed infrastructure. The rest of the city area will be developed in the future, when there will be a demand and available fund

The resettlement area is located not far from proposed acquired area for construction. It will help to minimize impacts on relocated household's living,

Figure 5 Resettlement area



b.LIA 4

LIA4 in Ward 1, Cao Lanh city, includes 268 affected households with population of 1,305

persons and area of 5.49 ha. According to consultation meeting at LIA 4, there are 100% of

households that expect the project will invest in infrastructure, rearrange plots for house

construction and sanitation condition improvement for entire area.

Construction items include: - Subgrading, reinforced elevating residential area - Constructing 10 asphalt concrete roads with 2-7m width, - Constructing synchronized water supply and drainege system - Installing lighting system - Supplying garbage collection equipments - Organizing, subdeviding plots for residential area.

Figure 6 LIA 4

KHU vile TRlIONG T1~U HOC ~ VAN TAM ~Q ,:1iiit- AREA LE VAA TAM PRIMARY SCHCXJt.

~~~~t l~~~~~:m;. = IL=-:J=======~==========~ ~ A __ " _____ :_ •.

-' .. ,.,

OHICHO

I I

TooO s6 HO Hi£N TlWIG: 2U HO TOTAL HOUSOiOI./) $TATuS: 268 tiH

T6tlG s6 NtH sJ.p xb !>\JQe: 268 NtH

I' t_._.a,. i i RANH CIOI KHU lIA ~

••• ,., • ' r# CRE£N TREE PLANTING ARrA

TOTAL BLOCK HOUSE BY AAlWIGEMENT: 268 HOUSE .... _-_ .....

KHU vVC TRONO C~ XANH

CREEN TREE I'LmTlN<; AREA

c.Kenh Cho residentia2 area

- ---; -

Kenh Cho Residential area in Lia 2 - Ward 3, Cao Lanh city includes 250 households

with population of 1,314 persons and area 6.2 ha.

Construction items:

- Subgrading, reinforced elavating residential area

Paci.rlC Ocean Engineering JSC (PCO) 59


- Constructing 3 alleys with section: B = 3 + 5.5 + 3 m and constructing Ly Thuong Kiet 2-lane road with, the lane' width of 7m with 11m distance between 2 lanes. There are trees in the middle of the road which is made of asphalt

- Consturction synchronized with water supply and drainege system - Installing lighting system - Suppling garbage collection equipments - Organizing land mark plots for residential area.

Figure 7 Kenh Cho Residential Area



Table 20 Resettlement area conditions

Resettlement Plan

-----,--------,------,

0 C t t on en s U 't Dl Q'ty

II Ward 4 - Hoa An resettlement area

• 1 Area of land lot m2/HHs 110 2 Total area for resettlement house m2 40.480 3 Total area for infrastructure (including: transport, power supply,

tree, water supply and drainage system, social infrastructure m2 i 72.020 i

I works ... ) 4 Total area of resettlement site m2 112.500

15 No. ofland plots for resettlement Lot 368

I

!

III LIA4

. 1 Area of land plots 2 Total area for resettlement 3 Total area for infrastructure (including: transport, power supply,

tree, water supply and drainage system, social infrastructure works ... )

4 Total area ofLIA 4

5 No of land lots for temporary resettlement

III Kenh Cho residential area

1 Area of land lot 2 Total area for temporary resettlement

3 Total area for infrastructure (including: transport, power supply, tree, water supply and drainage system, social infrastructure works ... )

4 Total area ofKenh Cho

5 No of land lots for temporary resettlement

6.3 Temporary residence and resettlement allocation

Temporary residence arragement

m2IHHs 60 -72 m2 19.296

m2 35.604

m2 54.900

Lot 268

m2IHHs 40-72

m2 18.000

m2 44.000

m2 62.000

Lot 250

There are 518 rearranged households at LIA 4 and Kenh Cho residential area (in LIA 2). These areas will be devided into some residential groups. The Project will be implemented by "one after the other" method, means that one residential group will be cleared firstly and these households in this area will be temporarily relocated. After construction is completed, this site will be rearranged to temporarily relocated households and then implement in the other site. This method can avoid massive disturbance in the areas and ensure the project schedule because temporary resettlement will be made as soon as site clearance is done.

During implementation, temporarily relocated households will receive cash support amounts as described in the RP. For households arranging shelter by themselves, housing rental assistance will also be provided.

The rearranged HHs in LIA 4 and Kenh Cho will be relocated closely to or at the former place.


i

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Mekong Delta Region Urban Upgrading Project (MDR-UUP) eao Lanh City sub-project Resettlement Plan

Resettlement allocation

Resettlement criteria and procedure: As presented above, there are about 324 displaced households. Under the implementation plan, the project will start in quarter III of 2012. To keep up with the schedule, PMU (Project Management Unit) (and concerned agencies) will promptly implement necessary activities for site clearance and resettlement.

Priority criteria in resettlement arrangement: As classified above, cases considered for resettlement are affected land and affected house. Therefore, priority criteria for resettlement arrangement will be carried out as following:

1. Priority 1: Households have affected land and the remaining area is not enugh for house construction.

2. Priority 2: Households have many inhabitants and have more than one family living together.

3. Priority 3: Households don't have enough valid documents but have no shelter and require resettlement arrangements.

Relocated/rearranged households will be arranged for temporary shelter or received housing rental assistance in waiting time of land receipt and house construction.

Table 21 Proposed resettlement allocation and temporary resettlement

No Resettlement/temporary Relocated No of On-site No ofland resettlement areas HH land lots Resettlement lots for on-

for HH site I relocated Resettlement

HH HH

1 Ward 4 - Hoa An 324 368

I ~ LIA4- Ward 1 268 268

.J. Kenh Cho

I 250 250

Total 324 368 I

518 518 I

6.4 Consultation with host community in resettlement/rearrangment areas of Ward 4

- Hoa An, Lia 4 - Ward 1 and Kenh Cho:

During project preparation, consultations with different authority levels, mass organizations conducted from April to June 2011 show that residents in the whole Lias are Low income people including resettlement area. Residents will be notified about features, scale and conditions at resettlement areas as well as positive and negative impacts. Residents in and out of resettlement area can see the project efficiency:

Social efficiency

- Reduce social evils ( drugs, prostitution, thieves) due to interventions and investments in order to improve living standards and infrastructure provision, resulting in improved social and cultual conditions



- Minimize social accidents or social conflicts

- Improve resident' s health

Resettlement Plan

- Increase awareness through participation in project activities and education through capacity building and training.

Enviromental efficiency:

- Tertiary infrastructure upgarding will improve considerably the living enviroment for Lia residents. There will be no flooding and unsanitary situation, garbage collection will minimize bad impacts on resident health, prevent waterborn deases. The project will create green-cleannice enviroment for project-area residents in particular and entire city residents in generaL Basically, project constructs resettlement areas with infrastructure of power, drainage and water supply road and social infrastructure (kindergarten, park, market). Synchronous study and construction of resettlement works are supported by local residents because it does not affect on infrastructure and contribute in improving environmental conditions in the area.

The relocation of households in proposed planning area will create jobs for residents in area, especially small business such as chandlers, vehicle mentors, clinic persons.

In addition, new transportation system will be convinient for the residents in the surrounding area, and the residents will get benefits from public works such as flower garden and trees.

The relocated HHs in ward 4 Hoa An will be settled in the resettlement site after completion. The relocated HHs in LIA 4 - ward 1 and Kenh Cho will be re-arranged in these areas when the project finishes. Therefore, nearly 2/3 households including 20 displaced households in Ward 4,268 rearranged households in LIA 4 and 250 rearranged households in Kenh Cho area will be settled closely or right at the former place. So the customs and the relationship between relatives, neighbors would still be maintained, the reversal and transformation of social structure will not occur. The relationship among households surrounding area residents will be maintained.

The PMU, the Compensation, Support and Resettlement Board as well as local organizations will support relocated households, and host community to access via providing sufficient information to ensure a smooth transition for both parties.


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Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City snb-project

VII - LIVELIHOOD RECOVERY PROGRAM

7.1 Overall

Resettlement Plan

Livelihood recovery is an important part of the resettlement activity when those project affected people will lose manufacturing facilities, business, employment, or other income sources, whether they lose their house or not. When the impact of the project to people is negative, they might be poor and insolvent resources that make up their life. This can lead to the loss of land, job, and homes, split on the sidelines of society, suffering from disease, lack of food, loss of the use right to the public property, and are at risk of becoming the object of disruptive social order, including crime and theft. Consequently, the measures to recover the livelihood are the core of the resettlement plan and require maximum attention. Measures to restore livelihood shall be designed with extensive consultation with the project affected people. The whole purpose of this program is to attempt to restore the livelihoods of those affected to the equal or higher extent prior to the project implementation, and will ensure that those affected to adapt to the new conditions in the shortest period.

Recovery of income are taken into account as an important part of the review of the accessibility of a livelihood or to improve the economic circumstances of the affected households, thereby aiming to enhance skills and create more opportunities for the poor, the circumstances of economic difficulties and the vulnerable households.

Perform the next step of resettlement plan (RP), the project management unit urban upgrading in Cao Lanh city, Dong Thap province will combine with local governments at all levels, social organizations such as women Union, the job support and training Fund ... conducted activities aimed at recovering income for households affected by the project

7.2 Demand analysis Desire of life stabilization: most households had their livelihoods directly related to the current location (the wards/communes such as wards 2, 3), so this has to be solved to avoid impacts and social tensions .

When being asked about the impact of the project, part of the popUlation said the project had a significant influence on their lives, specifically 2.3% of all households confront land loss which is been used for production, and severely affected; 5.6% said the project would create disturb their lives; 15.7% of the said economic situation of the family would be partially affected

People in the project area expect to be offered opportunities of new jobs and vocational training: 45.2% for job offer; 36.8% for access credit; and 18% want to participate in vocational training that will be offered by the project.

Table 22 Desire of assistance of residents

STT Assisting form Percentage (%) Quantity

1 Vocational training 18 59

2 Credit loans 36.8 122

3 Job introduction 45.2 150

Total 100%


I I


7.3 The proposed income restoration program

Income restoration, for the subjects includes:

Support for job creation and vocational training

----~

In training, apprentices shall be admitted for vocational training in the province and are exempt from tuition fees for one training course (including the level of training for beginners, intermediate and higher training).

Job introduction

The PMU will collaborate with the employment Center of Dong Thap province promoting a program of vocational training in the project area. The employment Center of Dong Thap province is a career unit in the Department of labor, invalids and Social Affairs of Dong Thap province formed by Dong Thap provincial people's Committee in 1997, working in the field of social labor.

Vocational training for workers is one of the most important tasks of the job referral Center of Dong Thap. Over the past few years, the Center has trained an average of 1,500 learners per year, with the profession of accounting business, construction, business management, plant protection, animal husbandry, veterinary medicine, engineering and repair refrigeration-air conditioning installation, repair computer, computer network administration, graphic design Mechanical, clerical and administrative, labor, social, industrial and rural through links with prestigious schools within and outside the province training to levels: vocational, colleges, universities. There is more than 90% learners whom referred stable and high income job after training ..

Currently the Center is training jobs, such as electrical, mechanical, electrical repair, computer Assembly, construction, industrial garment, civil garment.

Specific vocational courses are shown below:

Civil garment: 609,OOOVND/person/course (4 month)

Industrial garment: 657,000VNDI person/course (3 month)

Power: 615,000VNDI person/course (3 month)

Computers: 615,OOOVNDI person/course (3 month)

Mechanic: 615,OOOVNDI person/course (3 month)

Construction: 586,000VNDI person/course (3 month)

- Repair: 582,OOOVNDI person/course (5 month)) (Source: interview Mr. Nguyen Phu Hieu - Vice Director a/the Center)

The courses mentioned are built according to the program of Department of labor, invalids and Social Affairs of Dong Thap province.

Some advantages of the training program from the Center:

Supported by the Department of labor, invalids and Social Affairs;

- All civil with permanent residence in Dong Thap can enjoy the support program;

- Poor households, family under preferential treatment policy after enrolling for

vocational training shall be supported food fee of 15,000 VND/day.

- If they are living far away from 15km and more they will be supported

200,OOOVND/person/course for travel cost.



Support for stabilizing life and production

Resettlement Plan

The affected persons having the legal land use right eligible for compensation of heavily affected land 20% or more and 10% or more for vulnerable groups of agricultural land will be (i) supported in cash once equivalent to 30kg of rice/demographic/month for 6 months if not relocating and in 12 months if relocating. (ii) households losing over 70% of their agricultural land area shall be supported to stabilize life within 12 months if not relocating, and during the 24 months if relocating.

For the affected people due to losing income and business, the support and compensation as

below:

(i) Pecuniary compensation for the loss of income during the period of transition, supported by 50% a year income after taxes, according to the average income of the three consecutive years before after being certified by the tax authorities.

(ii) compensation for business facilities, producing materials in accordance with the full replacing cost of the works, not including depreciation; and

(iii) If the place of business has to relocate the affected people will be given place of business replaced or compensation in cash for the area lost eligible for compensation in accordance with alternative prices, added with transport assistance to relocate the assets, producing facilities associated.

For the temporary impacts to producing, business

(i) Compensation for loss of income equivalent to the average net income each month, at least for 3 months (i) Compensation for property on the affected land at replacement costs, and ( iii) restore the status quo or improve soil quality better

Support for the poor, family under preferential treatment policy, including:

The poor shall receive an assistance of 7,000,000 VNDlhousehold.

For those HH lack of capital in production, sales, services, on the implementation Project Management Board will assist them to contact credit loan as following:

- Collaborating with local government and bank to seek and give priority to loans.

- Provide information about the credit loan for needed HHs

- Prepare introduction document for affected HHs.

Preferred employment for these workers capable of being in the affected households during the construction and implementation of the project.

For the households of affected agricultural land, the project will help them to approach the production promoting program such as the training application of new technologies on production and advanced breeding methods, new breed sources, supporting market information and output for various agricultural products.

Along with the policy of supporting the poor, the vulnerable households (household policy, disability, loss of labor, households headed by women, ... ) of the project as stated above, these households will be facilitated to participate in programs that support poverty reduction under the provisions of Dong Thap province, and Cao Lanh city.


Mekong Delta Region Urban Upgrading Project (MDR-UlJP) Cao Lanh City sub-project Resettlement Plan

VIII -INSTITUTIONAL ARRANGEMENT

8.1 Institutional fran,ework

Agencies in connection to land acquisition and resettlement including:

o People's Committee ofCao Lanh city

o PMU of Cao Lanh city

o People'S Committees ofwards/communes

o Site clearance and compensation board of the city;

o People's Committees ofwards/communes where the project is implemented

o Representatives of community with the households affected by the project

o The independent monitoring agency

o The independent claim settling board

8.2 Responsibilities of the relevant parties

Implementing compensation, assistance and resettlement work requires the participation of local agencies, organizations at all levels from the city, ward, and town. The city People's Committee will be fully responsible for the compliance with the terms set forth in the RPF and RP approved by the project. Compensation, assistance and resettlement board will be established at the city level, in accordance with the provisions of Decree 196/20041ND-CP and Decree 17/2006/ND-CP and decentralization of Cao Lanh city People's Committee, the terms and policies of this RP will be the legal basis to implement the compensation, support and resettlement activities in the Cao Lanh city subproject.

8.2.1. Dong Thap provincial People's Committee Dong Thap Provincial People's Committee (Dong Thap PPC) is responsible for or authorized to the establishment of the City People's Committee and directs the Appraisal Council in accordance with the project needs. Provincial or City People's Committee (if authorized) shall be liable for:

a) Approving the acquisition and allocation of the land in the project;

b) Making the final decision and issuing the compensation unit price, assistance and policies supporting the affected people and the affected vulnerable people according to the approved RPF and RP;

c) Providing the sufficient budget for the RP;

d) Ensuring the resettlement of subproject to be implemented in compliance with the approved RPF and RP.

8.2.2. Cao Lanh City People's Committee Cao Lanh City People's Committee (CPC) shall be liable for determining the legal land title and construction, land acquisition of the affected people and allocating land resettlement (residential land), establishing of Council for compensation, assistance and resettlement of the City, assigning functions and responsibilities to the Board for compensation, assistance and resettlement in the city.



a) To fonn a PMU and an office for compensation, site clearance, assistance and resettlement.

b) To appraise and approve the RP after the final draft is approved by World Bank

c) To coordinate between the relevant agencies and provincial sectors to implement compensation, assistance and resettlement according to the approved RP.

d) To approve the compensation, assistance and RP.

e) To approve and be liable for the legal basic, accuracy of the compensation, assistance and resettlement methods in the area under controL

f) To issue certificates of land use right in the resettlement area and recover certificates of land use right, ownership of houses and other assets associated with land for households and individuals recovered the whole land plot; to guide to edit cadastral records and certificate of land, housing ownership and other assets attached to land to all households and individuals recovered a portion of land area by land by the authority.

8.2.3. Compensation, support and resettlement Council in the city Compensation, assistance and resettlement council in the city is liable for:

a) Planning and implementing all daily RP in the city territory

b) Directing and supervising office of clearance compensation and resettlement assistance to implement the compensation and resettlement including: inventory of land acquisition, complete list of compensation, preparations tables totaling compensation and evaluation plan for compensation and resettlement to submit to the provincial or city People's Committee (if authorized) to approve and coordinate with the PMU to pay compensation directly to each object affected after receiving compensation funds

c) Coordinating with the relevant divisions to conciliate and resolve the complaints of people affected by the project on policies of compensation and the right to compensation

d) Establishing, if necessary, the compensation board at communal/ward level and supervising their activities in the implementation of resettlement activities

e) Devoting special attention to the needs and aspirations of special groups (ethnic minority) and those vulnerable ones (children, elderly, female headed households, and single household).

f) Cooperate with the independent monitoring agency

Participants of compensation, support and resettlement council in the city include:

a) Chief Executive Officer: Vice Chairman of the CPC

b) Vice Chief Executive Officer: Leaders of natural resources and Environment of the city

c) Permanent members: the Employer

d) Other members invited by the Chairman of the compensation, assistance and resettlement board and representatives of some agencies participating: the Fatherland Front, organizing unions and other bodies concerned



8.2.4. Provincial Project Management Unit (PPMU)

Resettlement Plan

PPMU will be established by the project owner for entire Project including for RP. PMU is responsible for implementation of the RP of the Project. Responsibilities include:

a) On behalf of project owner or the city to implement and monitor all resettlement activities within the project, under the administration of the province or city. A resettlement consultant will be hired to help PMU in RP implementation.

b) To prepare RP, coordinate and monitor RP implementation regularly.

c) To update RP to be suitable to approved RP and RPF, submitted to the Provincial/City People's Committee and World Bank to approve before implementing the approved RP.

d) To guide all resettlement activities of the city and communes/wards, implement according to the policies and guidance of the RP of the Project

e) To set up model procedures for the process of conducting information campaign and the consultations with the relevant parties such as the monthly notice/information letter to the community about the project. To coordinate with other components of the project and other agencies involved in the resettlement plan, to implement and oversee relocation

f) To inspect and advise PPC on compensation unit price for land and other affected property, to cooperate with the departments concerned in city, based on the principles of this RPF

g) To coordinate and keep track of the resettlement activities in the project;

h) To advise the CPC, compensation, support and resettlement council of the city on establishing the compensation and resettlement support division to help the council. The resettlement professionals are staffs of PMU. Compensation and resettlement support division takes responsibility of: measuring and checking the data related to compensation; completing the compensation plans, preparing information summary tables; setting up plan for compensation resettlement support to submit to the city compensation, support and resettlement council for appraisal; collaborating with the agencies allocating to affected households. This division operates under the direction and supervision of the PPMU and compensation, support and resettlement council.

i) To prepare construction of resettlement areas and the land clearance to resettle the displaced households; To manage resettlement land for land resettlement service for families and individuals displaced within the project scope

j) To establish communication mechanisms to ensure technical assistance and logistics suitable for the office of resettlement compensation

k) To establish the standard database on the affected people of each component, as well as for the entire project

1) To form the procedure on internal monitoring to keep track of policy compliance of the project

m) To establish procedures combining monitoring among contractors and local communities to identifY and timely compensation for the affected public and private property during construction

n) To select, monitor and implement under proposal of the independent monitoring agency

0) To form procedure to quickly implement the adjusting methods required, and consult the project owner to deal with claims.



p) To coordinate with the relevant agencies providing occupations/jobs of the project for the affected people (consult with the contractor on the employment opportunities for the local people about the opportunities and how to achieve them).

q) To receive the acquired site from the affected households and deliver site for the construction units

r) To coordinate closely with the independent monitoring agency for site clearance, and resettlement process

s) To make periodical progress reports on the resettlement activities to the World Ban1e

8.2.5. Ward/commune People's Committee To assign responsibility to the staff in the ward / commune to participate in helping the activities of compensation, assistance and resettlement in their commune

a) To support other units and organizations (including the Provincial project management unitlPPMU) to start uploading and disseminating information and organizing consultations and consult the opinions of those affected

b) To support other organizations, including PMU in the demographic household survey, assessment of cost/price alternatives, surveying the detailed measurements and other resettlement activities;

c) To participate in every activity of land acquisition, resettlement, rehabilitation assistance and activities in support for social development

d) To support the affected people in all resettlement activities and livelihood restoration. Inform the affected people about compensation, and monitor the implementation of compensation, agree to sign'on the texts of compensation with affected people;

e) To ensure the adequate implementation mechanism to resolve complaints from the affected people. To record and keep all complaints from the affected people. To support and advise the affected people and quickly have resolution for complaints.

f) To be responsible for certifYing the origin ofland use by organizations, agencies, units and households are individuals affected by the project.

8.2.6. The independent monitoring agencies The project will identifY and hire agencies / institutes of social sciences to carry out socioeconomic surveys, monitoring and evaluating the implementation of the RP of the project. PPMU (Provincial Project Management Unit) will enter a contract with the selected independent monitoring agency. Funding for hiring an independent monitoring agency for the resettlement implementation for the project will come from WB sources of the project. Independent monitoring agency will report on progress periodically and make recommendations relating to solve the problems detected during monitoring.

8.2.7. The independent claim settling board The independent claim settling board is liable to:

a) Receive claims, accusing, questions of households and individuals in connection to issues on resettlement assistance and compensation.

b) Coordinate with the relevant units to deal with claims of the project affected people referring compensation policy and compensation rights

c) Take special attention to the needs and desires of special group (minority ethnic) and vulnerable people (children, the elder, female headed households)



d) Closely coordinate with the independent monitoring agency

Members of the independent claim settling board include:

a) Chairman: Vice Chairman of the PPC

Resettlement Plan

b) Vice Chairman: Leaders of Department of Natural Resources and Environment (DONRE)

c) Standing member: the project owner

d) Other members: Representatives of the Department of Finance, Department of Construction, Division of Finance - Planning; Division of Urban management; City Inspector, Centre for Land Fund Development, representatives of Committees people, the Fatherland Front commune/ward where the land is recovered, representatives of city lawyers Association, representatives of the households whose land is recovered ( one or two persons)

e) A PMU staff will be in charge of Grievance and Redress Mechanisms (ORM). A TOR for hislher work will be deVeloped during the project implementation. ORM will be fully informed to all DPs



IX -IMPLEMENTATION PLAN

9.1 Major activities Pursuant to the order the land acquisition, compensation and resettlement of the Go V and the requirements of WB as mentioned in the RPF, the main activities in the land acquisition and clearance are expressed as follows:

9.1.1. Carry out the procedure of land acquisition for the project

Immediately after reaching an agreement in principle between the GOV and World Bank on the loan agreement, the PPMU shall prepare documents related to land acquisition, perform the procedures to submit to PPC for allocating land of the investment project.

9.1.2. Establish the compensation assistance and Resettlement Board/Council

Within no more than 15 days after the receipt of documents from the project owner, establish the Council for compensation, assistance and resettlement for the project, and assign tasks to related agencies and units. PPMU on behalf of the project owner, will send his representative as permanent members of the council. The compensation, support and resettlement council of the city is the standing member of the CPC that is responsible for examining documents, and submitting CPC for making the final decision.

9.1.3. Mark the boundary of site clearance of the Project:

After receiving the decision of the City People's Committee on land acquisition, assign land PPMU will coordinate with the ,DONRE and land development central to conduct an examination of the project boundary clearance and mark placement on the field, deliver land to implement the compensation, assistance and resettlement for those affected people. DONRE and People's Committees in ward / commune concerned of the project will appoint professional staff engaged in this work.

9.1.4. Train resettlement staff:

After the Council for compensation, assistance and resettlement in the city has been established, all staff responsible for the resettlement of the PMU, the Boards of Compensation, Support and Resettlement of the city, all ward / commune staff participated will be trained by the resettlement consultants hired by PMU. The PMU will be responsible for organizing the training on resettlement. Training topics include:

1. Objects of the RP

11. Principles, policies and rights of compensation stated in the RP

lll. Consultations and information gathering methods

IV. Implementing steps, procedure and schedule

v. Scheme of claims settlement; and

VI. Obligations and rights of individual/organizations engaged In the implementation of RP


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-project Resettlement Plan ____ ~ __ ~~~L-~~ ____________________________________ _

9.1.5. Information campaign before the Detail Measuring Inventory:

Before starting to make detail inventory, PMU collaborate with the local authority in districts and wards to gather information about the project affected population. Information should be announced through public meetings, announcements over the loudspeaker system on local radio in conjunction with the mass media, such as radio, television, newspaper, leaflet, or letter to the inhabitants.

Meetings on the dissemination of information will be held in the ward affected by the project to inform the affected communities on:

• Scale and scope of the project

• Project impacts

• Policies and rights for the affected assets

• Schedule of compensation

• Responsibilities of organization

• Participating and consultation policy

• Gender equality policy in the RP

• Grievance and Redress Mechanism

Project information document (leaflet, poster) shall be prepared and delivered to all affected wards/communes during the community meetings.

9.1.6. Form the general compensation, support and Resettlement:

Compensation, support and Resettlement Council is liable for preparing the general plans compensating every ward/commune affected.

9.1.7. Replacement cost survey

PMU and Local authorities should use an independent appraiser to assess assets value (commissioned by the project).

The method to determine the losses of the projects financed by the World Bank is based on full "replacement costs", In this project, the damages include urban land, buildings and other assets. Area of urban land with the same value should be fixed based on replacement costs, taking into account the public works and social services plus the cost of registration and transfer taxes. For houses and other, buildings, their value is determined by the market price of construction materials to build a replacement house with acreage and quality at least equal to the old houses, or to repair the affected structure, plus the cost of transporting materials, labor and procurement costs, registration fees and transfer taxes. Affected households can take advantage of the fact that replacement price excludes depreciation and value of materials.

9.1.8. Survey and detail measurement and form the compensation method

The data collection, measurement and detailed inventory for each item of the project after detailed design will be conducted by the Board of Compensation and clearance of the city.



During the measurement, survey, inventory and application of the compensation price should have direct participation of representatives of affected households (with both men and women). This result will facilitate establishing the compensation scheme, support and RP. This is the basis for the payment of compensation, assistance and resettlement of the project

9.1.9. Compensation and assistance

The compensation and allowances will be paid under the supervision of representatives of the Council for Compensation, Assistance and Resettlement of the city, wards / communes government and representatives of the affected households.

9.1.10. Present the construction and installment contract

After all the affected households of each project segment has been compensated and assisted in accordance with the policy of the resettlement plan, the construction units will receive the site and deploy building complying the design approved.

9.1.11. Internal and independent monitoring:

This will be started as soon as the RP has been approved and monitoring continues throughout the construction phase. An independent land appraiser will conduct an evaluation of price values, prior to or during detailed measurement survey (DMS), in order to confirm or update the information of full replacement costs which will be presented to the Department of Finance and advice the Cpe. Subsequently proceed with the price values' adjustment, if required, for the compensation of the unit prices based on the market price, at the time of the actual payments. The land acquisition should be fully completed before the contractor receives the site for clearance and further construction. The evaluation will carried out by the independent monitoring agency within 6 to 12 months after completion of the compensation and resettlement.

9.3 Implementation plan Table 23 Implementing plan



RESETTELEMENT IMPLEMENTATING PLAN

Iml Jeme ntation months from the date of resettlement plan approved No Implementation content 1 2 ) 4 S 6 7 8 9 10 II 12 !3 14 15 16 17 18 19 20 21 22 23 24 Third vear Fourth year Fifth year Sixth year Seventh 'Yea Eighth year

lIdenti~andpuboo~fuepolicyofmudrecove~ -t-~Ir;-t-+-r~-+-t~--~+-~~-r-+-t-4~~+-~~--------+--------4~-------+--------r--------~-------4 I

2 Preparation of cadastral for mud revoked __

Established to evaluate and approve reports on •

3resewementplan -;-;-;-;--t-;--r-;--t-;--+-;--t-;--r-;--t-;--r---------;----------t---------+---------+-------~r_------~

4ToPOpW~poooyresettre~mpro~ct =~=~=~=~~=~=~==~=!=~==~=~=~~=~=~==~=!=~==~=========~====:=:==~========~~========~========!========~ 5 Land acquisition notice. 1

6 Land acquisition decision ~ :

7 To Establish the board compensation and resettlement assistance ~ I

8 Declaration and inventory and a detailed inventory of BAH assets '

9 Plans for compensation and reseWement assistance ._t-+--+-l---t-+--+-l--t-+--+-l---t-+--+--------l-------t------+-----t------1-------

10 Disclosure of tile compensation •

11 Pa~nt of compensationl!lllll

12 Land acquisition and clearance =--:--+-;--+-;--+-+-+-I--t-+--------+--------l-------l-----~I_----_t-------13 Livelihood recovery program f~j!. II ' _ jc ~il;;i; ?:1"i'if:>i\CW\t~ij';i'

I

Pacific Ocean Engilleering JSC (PCO) 75


X -CONSULTATION AND PARTICIPATION

10.1 Objectives and policy The major objectives of consultation and participation are:

Resettlement Plan

o To ensure project affected people and all the main relevant parties to present their opinions and concerns during the decision making process on involuntary resettlement issues;

o To minimize the adverse effects caused by involuntary resettlement;

o To avoid possible conflicts between affected people and project m the project implementation

The World Bank OP/4.l2 stipulates that persons affected by the project need to be fully consulted and informed about compensation and mitigation actions taken as a result of involuntary resettlement. Consultation with the affected persons is the starting point for all activities related to the involuntary resettlement. People affected by the involuntary resettlement need to be involved in planning and managing resettlement helps them alleviate the concerns and create opportunity for them to participate in decisions making process that would affect their lives. The implementation of resettlement without consultations can lead to project delay due to the opposition from affected people, which can possibly increase the costs. With consultation, the original objection to the project from the affected people can be transformed into the constructive measures to better understanding of project and resettlement scheme.

• For Vietnam, the second important step in strengthening democracy at the grassroots level is lead by Directive no. 30-CT/TW of the Central Communist Party of Vietnam in "Construction and implementation of democracy basis "and Decree 79120031ND-CP on this issue as well. The crux of the legislation is well-known slogan "People know, people discuss, people do and people supervise"

• Ordinance 34/20071PL-UBTVQHll pointing out the issues about which local authorities and community can comment before the functional agencies make decision; including planning for compensation and resettlement support related to the projects and works in the area ofthe ward / commune.

Article 39, paragraph 2, the land law (2003) requires disclosure issues relating to resettlement, such as the reason, plans to seize land, relocation plan, the general compensation plan, the clearance for those affected.

Therefore, consultation and participation are an innovation in the projects implementation in Vietnam. These activities will solve the inadequacies in the project implementation The following points should be noted in order to encourage the relevant parties to participate in the process of consultations in the project:

a. To identify and engage all relevant parties, especially the affected people (men, women, the poor, and ethnic minorities), in the process of consultation and participation;

b. To build strategies involved for the planning, implementation, monitoring and evaluation of projects;

c. To build the content, subject necessary for the promotion and the dissemination of information, and build process for the affected people to negotiate their rights;

d. To engage relevant parties into decision-making at all stages of the project (for example, the method of compensation, the consultation of those affected on the method of compensation, schedule, etc.);


Mekong Delta Region Urban Upgrading Project (MDR-UUP) eao Lanh Resettlement Plan

e. Establish a schedule to complete activities such as campaigns to provide information, the extent and form of compensation, benefits, location, and plans to relocate; and

f. To build procedures to resolve complaints.

10.2 Process of consultation and participation

Consultation with participation of the stakeholder should be conducted during the project preparation, and implementation stages.

It is extremely important to publicize and disseminate project information in the process of project preparation and implementation. The dissemination of information as well as the consultation among project affected people participating agencies, political organizations, civil society organizations at all stages will be the basis for project planning and timely project implementation identifying and avoiding the contradictions, difficulties, and risks which can cause project delays. Consultation and participation process will allow project to design comprehensive resettlement and restoration plan as a part of project, which will meet the project requirements and project affected people's aspirations. Information to be disseminated for those affected includes the following:

Project item. This includes information on addresses where they can get further information on the Project.

Project impact. Impacts on the people who are living and working in the affected area of the Project including the demand of land acquisition for each item of the Project work.

Benefits and entitlement of compensation of tlte affected people. This will be defined for the affected people (limit of the land acquisition dated). It is necessary to explain the benefits and entitlement for different impacts to the affected people, including the entitlement of people losing business, career and income. The method of "land for land" and cash compensation. Methods relating to individual arrangement and resettlement, clauses and benefits of each method. Entitlement of support restoration and job opportunity in connection to the project.

Claim sclteme and order: the affected people shall be notified that policies and procedure of the project are designed to ensure that their living standard to be restored at least to that before the project implementation. Those will also be notified that if they have any question on any related field of the project, the ward/commune and city resettlement board can help them to deal with. If they have any question on issues related such as land acquisition, compensation, resettlement, restoration including damage comp'ensation given out against their damage, they are entitled to send their questions which will be resolved by the competent authority. The affected people shall be instructed on the approach to claim settlement procedure.

Rights to participate and be consulted: the affected people shall be notified the right to participate in the planning and resettlement implementation. the affected people can assign their representatives in resettlement board of districts and ward/commune and those of the affected people will be present when the boards of compensation, assistance and resettlement of city, ward/commune have meetings to ensure their attendance in the fields of the Project. For those families with elderly, singles, mentally ill person, disabled, illiterate people, guide them to invite the qualified behavior in line representatives for their participation in the process of compensation and resettlement implementation. In case no representatives from family or relatives, civil society organizations such as the Women Union, Farmer Association, Veterans may send a representative on behalf of the families involved in the process of resettlement compensation to ensure that family would be benefited fairly.

Resettlement activities: all those who suffered from the project impacts will be explained about calculating compensation and compensation payment, monitoring process, including interviews

Pacific Ocean Engineering JSC (peO) 77


with some of the group affected, moving to the independent resettlementlself- resettlement, and preliminary information on the process of construction work.

Organization Responsibility: those who are affected should be informed of the compensation, support and resettlement council· and the authorities in relation to resettlement and the responsibilities of each party, as well as the name and location of the Government officials, along with phone numbers, locations, and office if any.

ImpLementing Progress: The people affected will be notified of the estimated schedule for the main resettlement activities and will be informed that the construction works will start only after the resettlement activities are completed and the affected people have moved out of the project area. It should clearly state that they will only move after receiving complete payment of compensation for lost assets. The map and implementation plan will be provided to the Board / Committee for Compensation at all levels

Information Announcement: A policy framework for compensation, assistance and resettlement will be publicly disclosed for those who are heavily influenced and their communities. Announcements should be made public at public places such as project management unit, the CPC, district and commune/ward PC adopted by the Government.

The resettlement plans after being approved by CPC would be publicized in public locations such as project management unit, the CPC, district and commune/ward PC to join the project and at the information center of the World Bank in Hanoi and Washington, D.C.

The announcement of the policy framework for compensation, assistance and resettlement and RP will also be popularized through media such as television, radio, newspapers, posters, leaflets.

Community consultation and participation: in the preparatory phase of the project, the information dissemination and public consultation processes aimed to gather information to assess the project impacts and make recommendations on alternatives. This was intended to reduce or eliminate the potential negative impact for local residents and prepare some mitigations measures for the problems that can arise during implementation.

Methods of information dissemination and consultation with the community included rapid assessment method for rural participatory and consultation of the relevant parties, using techniques such as visiting households and places affected, community meetings, group meetings and focus group discussions, socio-economic survey.

Right at the initial; stage of the project preparation, local government and the heads of the various levels of Government for the project are notified about the project, objectives and activities of the project. They are entitled to consult and actively participate in the discussions regarding their development needs and local priorities. These households were in consultation with evaluation of the negative impact of the project and mitigation measures to multiply the project benefits. Local authorities are consulted about their agreement, as well as their commitment to of the resettlement policy described in the RFP. The policy reflects the policy objectives of the Bank and the Government. After approving the project ,it will be informed through the media, including TV and local TV and newspapers. The documents including information on objectives, components and activities of the project have been disclosed at public places,

Public consultation in the implementing phase of the project: During project implementation, PMU, with the assistance of project consultants, will undertake the following tasks:


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-proj,-ec_t __ ~ _________________ I_{esettlement Plan

To provide infonnation to compensation, support and resettlement council and relevant agencies at all levels through training workshops to provide details on the project's policies and procedures.

To disseminate infonnation and consultation to all those who are affected during the project.

To update the unit cost of the city, and confInn the scope ofland acquisition and impact to properties based on the results of details measuring surveys (DMS), in consultation with the affected people.

Then Compensation, support and resettlement council shall establish prices, calculate compensation rights, and complete the assets compensation calculating plan, and support each affected household. PMU or the Compensation, support and resettlement council will present infonnation on the entitlement directly for the affected people in the community consultations.

Next, the property compensation plan should set out the assets affected and the right to compensation of the households and will be signed by the affected people to show their agreement with their assessment results. Any questions of the affected contents of the plan must be noted at this time.

It is necessary to send a message / questions related to the resettlement plan to all those relocated: (a) to infonn them about the resettlement options (giving clear explanation about the consequences of choosing each plan); (b) to request the affected people to confInn about their choice of resettlement plan and confInn their preliminary resettlement sites; and (c) to request the affected people to set out the services they currently use, such as education I health / markets and about the access to such services.

Consult affected people about their desire to support the recovery plan. This applies to those affected and vulnerable affected people. the Compensation, support and resettlement council will notify the affected people about the plan and the rights to receive technical assistance before asking them to clearly give out their expectations of income restoration method.

Community Meeting: before the start of detailed design, community meeting will be held in each ward affected to provide additional infonnation for the person affected, and create opportunities for them to participate in public discussion of policies and procedures for resettlement. It is required to notify, it is possible to send the meeting invitation to all those affected at least 2 weeks prior to the meeting in that place. The purpose of this meeting is to clarify the infonnation up to the meeting date and create opportunities for the people affected to discuss matters of interest and to clarify information. Along with mail notifying the affected people, it is requested to use other communication means to infonn the affected people and the general public, through posters in a prominent public place in the wards and districts, radio, and newspaper.

Meetings participation: Not householder but representative of HHs will be invited to the consultation meeting, in which all community members are encouraged to participate. The meeting will explain about the project, and the rights and privileges enjoyed by households, and the meeting will be the opportunity to set out the questions involved. Meetings will be organized periodically throughout the project cycle. Provide relevant infonnation for people affected at the meetings. Use the intuitive tools so that people can understand such as the projector, writing on big tables, AO paper size, design drawings, maps and printing infonnation to the hands of the affected people, if necessary). There requires more copies of the infonnation in the wards and cities throughout the project. Scheduled meetings will have the following activities:



To explain in words and pictures, including printing and drawing of the design for different components of projects.

To create opportunities for those affected to present and answer the questions and comments. To encourage the affected people to contribute with their comments about related issues, such as compensation, compensation price, performance, public transparency and the restoration of the people affected.

The compensation, support and resettlement council will file the full list of all those affected participating in the meeting with the information on their gender, ethnic background, and level of living standards.. Participants will be signing directly to the list. This list will be included in the report appendix with the consultations minutes as a proof for the consultations.

The compensation, support and resettlement council creates a full list of all questions, comments, opinions and decisions arising out of the meeting information/advice, and presents reports in all the meetings related to the PMU.

Each consultation meeting must have a consultation minutes (in the specified). The comments of participants are recorded in the minutes. At the end of the consuitations minute should have all of signature of the relevant parties.

10.2.1. Consultation in the project preparation stage

In the early stages of the project preparation, local authorities and administrative leaders at all levels have been informed of the proposed project, the purpose and scope of the project components. They have been comprehensively consulted and took active participation in the discussion on the people's development needs and priorities to get the perception of them for the purposes of project, the local government consults on the potential impact and the measures adopted to mitigate the negative potential impacts and improve benefits for the local people. Local authorities have also been consulted about the agreement and their commitments in implementing the policy set out in the approved RPF.

On May 3, 4, 5 I 2010, a socio-economic survey and inventory of assets on a large scale was conducted in the seven wards and two communes in the affected project area, the survey team conducted a socio-economic survey with a scale of 13% of affected households and conducted inventory of the loss for totally 100% of households affected partially or fully by the project

In addition, resettlement advisory group has also conducted community consultations (focus group discussions with communities affected by the project) to gather qualitative information such as demographic status, income Added aspirations on compensation rates. Shortly after the project was officially approved, project information, such as purpose, components and project preparation activities carried out, will be announced to the public through newspapers and national and local television broadcasting.

10.2.2. Consultation in the project implementation

During the project implementation, the PPMU and the project consultants shall undertake the following tasks:

a. To provide information to the compensation, support and resettlement council of the city level through training workshops. To provide details about the project's policies and procedures

b. To organize information dissemination and consultation to all those who would be affected during the project


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-project Resettlement Plan --------~~~~~--------------------------------------

c. To check the unit price published annually and expected compensate for the project; confirm scope of land acquisition and impact on properties based on the results ofDMS, in consultation with the people affected.

d. The epe will conduct public advocacy on land acquisition for the project, invite households to participate in common projects, the legal basis of the project

e. Every household, in tum will participate in the process of asset accounting, signing on the drawing area of the house-land clearance area, and the Declaring property loss

f. Households will be involved to review the draft compensation, calculating list, the amount to be compensated for each particular household.

g. Each household has the right to raise feedback and questions put forward proposals on how to calculate compensation and be answered satisfactorily by considering the specific sequences. Even the issues relating to resettlement: the price, payment and procedures for the granting of new residential property sheet

h. Then, the city board of resettlement compensation would apply prices, calculate compensation rights, and the complete assets compensation plan calculated for each household affected. The PMU will present information on the entitlement directly to the affected people during subsequent visits to households.

1. Next, the property compensation plan sets out the assets affected and the right to compensation of the households will be signed by to show the agreement with assessment results. Any questions of the affected people on the contents of the plan must be noted at this time.

J. It is required to send questions related to the resettlement plan to all those relocated to inform them about resettlement options, (a clear explanation about the consequences of choosing each option) if any;

k. Propose the affected persons to confirm their options for resettlement alternative and ensure their primary venue the relocation. Households entirely affected to be relocated will be visiting the expected resettlement site before selecting.

L Propose the affected persons to report public services they currently use, such as education, medical/market and about how to access such services.

Consult the affected people about their desire for recovery support plan. This applies to those affected and affected people are vulnerable. The DRC will notify the affected plans and the right to receive technical assistance before asking them to give out their want clearly to support such recovery.

Community meetings

Before approving the detailed design, Resettlement Advisory Group have held community meetings in each affected ward to provide additional information to the affected people, and provide opportunities for them to discuss publicly policy and procedures for resettlement. If possible, and if in case of any specific feedback, people's committees of wards or population groups will hold meeting to resolve the information about the project, compensation policy, to confirm the use status, origin of land use of the households.

10.2.3 Information disclosure

Besides the public announcement for those affected and their communities, the copy of RPF and RP must be filed in offices, departments of CPC, People's Committees of ward / community



----------------~----------------------

projects and publicly disclosed through the Info Shop in Washington DC Information Center and Development of Vietnam (VDIC) in Hanoi.

10.3. Community consultation 10.3.1. Arrange the community consultation

Before, during and after the end of socio-economic investigation and statistical record of the property affected by the project, the Resettlement Advisory Group has carried out work and consultation with the relevant parties in the implementation of compensation and resettlement including ward/commune government, headers of residential area and community people.

Before starting the investigation, the Resettlement Advisory Group worked with local authorities to infonn about the project implementation in general and the socio-economic survey and Inventory of affected property in particular, accordingly require the authorities to have a smooth and close combination throughout the entire survey process

After the end of the investigation, the Resettlement Advisory Group has worked with local officials to report the results of the investigation, at the same time collect information in relation to the compensation for resettlement in areas, the pros cons and lessons learned, proposed projects in the planning of resettlement, build an Intuitional arrangement (temporarily) to monitor and further develop this work in the next phase. The officers proposed involvement in the compensation of each project will include Ward chairman, land administration officers (and urban officers) and some area headers. List of the officers aforesaid shall be shown in the Appendix of this report.

During the period from April 0 June 2010, the Resettlement Advisory Group has carried out consultations with the community to infonn and consult the people and the Community policies of the project as well as the benefits that people enjoy in the project.

10.3.2. Result of community consultation

The major contents in the community consultations presented by the project affected people mainly focus on the following issues:

The approval to the project and agreement with the land acquisition plans for the people in the project area;

Infonnation on compensation plan and compensation price is announced for the people and obtain the consent from the people;

Infonn and consult people about the plans of land acquisition and site clearance;

Resettlement method and planned resettlement locations;

Desires of residents referring the life restoration after resettlement; and

Other issues, discussion given out by the residents.

Details of the issues discussed are summarized in the table below:



Table 24 Summarizing of the community consulting ideas No. Wards/communes Ideas from community discussion Conclusions and agreements

People's presented opinions about 100% of people agree and support project the project, look forward to

implementing the project on schedule and adequate compensation for affected households

I Ward 1 Proposed suitable resettlement Agree with the project. Desiring to how to make compensation to trees implement and reasonable

compensation. 2 Ward 2 Proposed to announce the detail People request to be infonned

compensation price for each about the time of construction soon household. so that people have time to prepare How to avoid impact on residential houses.

3 Ward 3 High rate of relocated HH agreed to Projects quickly and correctly relocate at resettlement sites, they implement compensation policies proposed that the project should avoid big difference between land price of compensation and land price of resettlement.

4 Ward 4 Asked when will the project be Agree with the project. Desiring to implemented? implement the project soon and

reasonable compensation 5 Ward 6 The DPs who donate land propose All assets attached to donated land

that they should receive support for will be compensated. 100% ofHHs fruit trees on land who donated land want the project

to be implemented as soon as possible.

6 Ward 11 Recommend early deployment of Adequate compensation and fast project implementation

7 Hoa TIlUan Ward People willing to participate but Clearly infonn people on how much must be reasonable compensation rates and entitlements for each case

8 Hoa An commune Recommend clear compensation Agree with the project. Desiring to policy and compensation implement the project soon and

reasonable compensation 9 Tan Thuan Tay Asking about project progress . All assets attached to donated land

commune Donate land for the project but will be compensated. 100% of HHs request compensation for buildings who donated land want the project on land to be implemented as soon as

possible.

In summary, during the community consultations, people were focused on issues related to the relocation and resettlement, for example, they were interested in the project schedule, planned location of resettlement, the resettlement method. For consultation contents related to relocation and resettlement, the contents were discussed in detail in Section 5: Resettlement area. (For details see section 6: Resettlement).



XI -GRIEVANCE AND REDRESS MECHANISMS

11.1 Responsibilities The agencies including CPC, the departments concerned, the Council for compensation, support and resettlement, the ward/commune People's Committee are responsible for resolving complaints and inquiries during the implementation of site clearance and compensation Depending on the fimctions and duties at each level, the mechanism for complaints, inquiries settling of the affected households will be defined according to state legal documents.

To ensure that the affected households have the opportunity to present complaints related to compensation and resettlement, detailed complaint procedures will be established for the project. The goal is to resolve complaints of the affected households quickly and duly. Mechanism will be designed simply, in a straightforward, fast and fair manner. With efficient resolution of complaints at each level, progress of the project will certainly be more smooth and timely. Those whose land is recovered, if not agree with the decision on compensation, support and resettlement, are entitled to present their complaint in accordance with the law.

The settlement of claims against decisions of compensation, support, clearance, resettlement along with responsibility for resolving complaints, time limits and resolving order made under the provisions in article 138 of the land law 2003 and articles 63, 64, Decree No. 84/2007INDCP on 29 October 2004 by the Government and the rules on resolving complaints Decree No. 136/2006/ND-CP.

However, in the pending course of complaints resolution those are recovered land still have to follow the decision of land acquisition, land allocation as planned with time defined by the competent state authority.

Cases of complaints concerning administrative decisions on the land management as stipulated in article 162, the Decree 181120.D41ND-CP would comply with the rules and the law on complaints resolution.

11.2 Claim procedure Claim and claim settlement

The affected people are entitled to file claims relating to the rights and responsibilities in the implementation of the project including but not limited to the right to compensation, policy and compensation unit price, land acquisition, resettlement and entitlements in relation to the support recovery programe. The complaint may relate to labor safety and the difficulties caused by the construction process. Complaints will be paid and accessible to third parties in the settlement of the conflict caused by land acquisition and resettlement, this claim mechanisms resolving will be considered as a mechanism for resolving complaints of the community with legitimacy.

The claim of the affected people of the project is shown in writing. The Affected persons may present their case to the Project Management Board, City and Ward PC free of charge.

An independent complaints resettling board will be established. The complaints resettling boards will consist of :

a) Chainnan: Vice Chainnan of the Provincial People's Committee

b) Vice Chainnan of the People's Council, Leaders of natural resources and Environment

department of the city.

c) Standing member: the project owner


Mekong Delta Region Urban Upgrading Project (l\IDR-UUP) Cao Lanh City sub-project Resettlement Plan ------

d) Other members: Representatives of the Department of Finance, Department of

Construction, Finance - City Planning; Department Urban City; City Inspector, Centre

for Land Fund Development, representatives of Committees people, the Fatherland Front

commune/ward where the land is recovered, representatives of City lawyers Association,

representatives of the households whose land is recover from one to two.

The independent claim settling board is liable to:

a) Receive the claims, accusing, questions of households and individuals in connection to issues on assistance, compensation and resettlement.

b) Coordinate with the relevant units to deal with claims of the affected people by the project referring compensation policy and compensation rights

c) Take special care of needs and desires of special group (ethnic minority) and vulnerable people (children, the elders, female headed households)

d) Closely coordinate with the independent monitoring agencies

Following the aforementioned arrangement, the grievance procedure will be:

Step 1. Persons who are unsatisfied with any issues in the program of economic recovery and resettlement can report verbally or in writing to their Wards/Communes. The independent claim settling board that will be responsible for resolving their complaints.

The independent claim settling board will conduct the step 1: verify the complaint in writing, then meeting of community participation or direct discussion to negotiate.

Any person feel dissatisfied with the decision at Step 1 can bring the complaint to the city level within 15 days of receipt of the decision in Step 1. Board of Appeal at city level will make a decision on complaints within 15 days.

Step 2. If Displace Peoples (DPs) are unsatisfied with the decisions at the city level, DPs may appeal to the provincial independent claim settling board within 15 days of the decision in step 2. The provincial independent claim settling board will give their decision on the complaint within 15 days.

Step 3. If DPs are unsatisfied with the decision at the province level, they may present their petitions to their court for a decision within 15 days of the decision by the independent claim settling board at the provincial level.

A resettlement contact person at the PMU works directly with DPs as an informal first step prior to the grievance panel. He/she will also help illiterate/vulnerable people in documenting their complaints. More details about hislher duties will be described in a ToR to be developed before the project starts.

Besides that, an escrow accounts for resettlement payments should be used when grievance is resolving to avoid excessive delay of the project while ensuring compensation payment after the grievance has been resolved.

All Grievance and Redress Cornn1ittee (GRC) should maintain a system to register queries, suggestions and grievances of the DPs. All queries, suggestions and grievances and their resolution should be recorded and forwarded to the PMU and its functioning monitored monthly. All the cost of GRM establishing and functioning should be included in the project cost.

The information on grievance redress mechanism will be fully informed to the DPs by appropriate measures.


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-project Resettlement Plan --------~~--~~-------------------------------------------

XII -MONITORING AND ASSESSMENT Monitoring is a continuous process of assessing the project implementation and its achievement, based on the progress agreed. Monitoring provides all relevant parties constant reflection on the implementation progress. Monitoring can identifY the reality, potential success and difficulties arising in the project implementation as soon as possible, which facilitates timely correction within the project operation phase.

Monitoring has the follow purposes:

1. To verify the activities of the project in compliance with the planned target: effective completion, with agreed quantity, quality and timing.

11. To detect problems arising during the project, and propose approaches ensuring conformity with the framework of the policy and the rights of people affected by the negative impacts.

111. To give assessment of the resettlement activity whether achieving the goal and objective.

The implementers (PMU) as well as the independent monitoring organization contracted will monitor regularly the implementation of the RP.

12.1. Internal monitoring and evaluation

Internal monitoring for the implementation of the RP, is the responsibility of the implementing agencies, with the support from the project consultants. The implementation of the RP will be regularly monitored and checked by the PPMU in cooperation with the City People's Committees through the progress reports on the preparation and implementation of resettlement. The findings obtained will be recorded in quarterly reports before submission to the Provincial People's Committee and World Bank for their reviews.

Objectives oflnternal monitoring and evaluation:

a. To verify whether all the expected actions promised in the RP has been implemented or not, compensation for the lost or damaged assets as well as for resettlement and other rehabilitation activities are made in accordance with the RPF and RP;

b. To check if the implementation ofRP in accordance with the approved design or not, the implementation of technical assistance, relocation, payment of benefits and relocation support is guaranteed and, in recovery of income and entitlement to support for recovery must be performed;

c. To monitor the source of funding to implement RP are provided to the PMU at the city level in accordance with sufficient amount and time for the purpose set forth or not;

d. To record, follow and deal with all complaints and ensure that they are timely resolved; and

e .. To coordinate and complete the RP and hand over construction contracts.

The PMU submits the internal monitoring report on the implementation of the RP to the World Bank as apart of the quarterly reports which must be submitted to the World Bank. The internal monitoring report shall contain the following information:

(i) The number of the affected people according to: a) the type of impacts; b) the project components; c) the status of compensation payment, relocation and restoration of income for each item.

(ii) The funds allocated for compensation and funds disbursed for each activity.


Mekong Delta Region Urban Upgrading Pro.iect (MDR-UUP) Cao Lanh City sub-project Resettlement Plan

(iii) The final result of resolving claim and any problem existing which requires management attention to solve the issues.

(iv) The problems arising during the implementation.

(v) Updated information and progress of actual resettlement.

12.2. External monitoring and evaluation (Independent monitoring)

An independent organization will be hired by the PMU to conduct reviews and independent monitoring of the implementation of the RP. This is called the independent monitoring organization (IMO). The IMO may be the academic institutions/organizations; nongovernmental organizations or independent consulting companies. However, they must have expertise on social sciences and have experience of independent monitoring of the resettlement implementation. For projects that are at high risk and more contentious, or related to the complex resettlement, the project management unit often establishes an independent examination board (Board), consisting of experts with international experience in order to support all aspects of the project relating to the recovery of land and resettlement. Scale, the role and the intensity of this Board will depend on the complexity of the resettlement work. The implementation of the independent monitoring must be based on terms of reference approved by the World Bank. The independent monitoring agency will begin its work as soon as the project implementation starts.

The general goal of independent monitoring is to provide a periodic assessment and independent review on the results of resettlement goal in the PR, changes in living standards and jobs of project affected people, restoring income sources and social infrastructure of those affected, the impact and sustainability of the right of the people, the need for additional measures to mitigate the damage, if any, and to draw strategic lessons for policy and planning.

Apart from verifying information provided in the assessment reports by internal supervision of the PPMU, independent monitoring will conduct sample tests every six months. Scale of survey sample could be 50% of all households relocated and the affected ones, and at least 10% of the remainder (randomly selected) of each RP in order to:

a. Identify whether the participating procedure of the affected people, compensation procedure and restoration for the affected people are suitable to the RPF and the RP or not.

b. Analyze the process of project deploy, consulting procedure and information dissemination and compensation policy disclosure.

c. Assess the objectives of the RPF to improve and enhance or at least restore the living standard and income of the affected people has achieved or not.

d. Collection of qualitative indicators having influence on socio-economic situation of the project implementation for the affected people.

e. Propose amendment during the implementation of the RP, if necessary, to reach the principle and objectives of the RPF.

f. Satisfy the affected people in terms of different aspects of the RP shall be monitored and recorded. The activity of the claim settlement scheme and claim setting speed shall also be under monitoring.

g. Observe and investigate the trends on stabilizing living standard through the implementation cycle, Identify if there is any potential issue in the restoration of livelihood program has to be reported.



The independent monitoring agency has to make semi-annual report and point out the finding during the monitoring process. This monitoring report shall be discussed with the PMU before being submitted to the World Bank.

12.3. Evaluation

In fact, this is the assessment, at the time stipulated, of the impact of resettlement and objectives achieved. Independent monitoring will make an assessment of the resettlement process and impact from 6 to 12 months after the completion of all resettlement activities. Assessment Questions System is used as the database of the project monitoring system and sample questions used in the monitoring activities.

In case this evaluation identifies the heavily affected households who have haven't recovered their livelihood system appropriately in accordance with the objectives of the RP, it is required to add appropriate funding to continue support for these households. This independent monitoring report, in addition to being sent to the PMU, should be sent directly to the World Bank to track/monitor the progress and effectiveness of the compensation of RP. In other word, once the project has ended, the Bank will continue to conduct monitoring until the resettlement activities mentioned in the RP have been finalized. Upon completion of the project, the Implementation Completion Report (ICR) will be prepared to evaluate the achievements made in the project and the lessons which are summarized in the PPMU's assessment report. This requirement is stated in policy OPIBP 4.12, paragraph 24.12. If this assessment report concludes that the project has not achieved the objectives of the resettlement plan as expected, the ICR will propose the alternative options and plan can be applied in the following period including the further supervision of the Bank. Based on the socio-economic surveys implemented as project completes, the ICR will assess the changes of affected HHs after receiving compensation, support and resettlement.

12.4. Approaching method

a. General approach used to monitor activities and assess the impact to ensure the participation of all relevant parties, especially women and vulnerable groups. Monitoring tools can include both qualitative and quantitative methods.

b. Conduct survey of households in the representative samples, not based on gender and vulnerable groups to gain information on basic indicators of the distribution of benefits, effectiveness, impact and sustainability

c. Focus group discussions (FGD) should allow the monitoring organizations to consult the fields of the relevant parties (local authorities, the resettlement staff, community leaders, and most importantly the affected people

d. The important interviews: choosing local leaders, workers and the experienced individuals of the operation and implementation of resettlement.

e. Consultations: organize community meetings in resettlement areas to collect information on implementation of the resettlement work.

f. Direct observations: observations in the field of the current state of resettlement implementation, plus groups and personal interviews to cross-examine information.

g. The talking with the affected people, local people, workers, resettlement staff and organizations making use of methods of non-aqueous sample.

h. For particular issues, using in-depth interviews on the affected people and indigenous people belonging to different social groups to assess the impact of resettlement


Mekong Delta Region Urban Upgrading Project (MDR-UUP) CaoLanhCirysub-pro~j_ec_t ____________ ~ ______________ ~ _____ R_e_s~et._tI_em __ en_t_P_Ia_n __

XIII -COST ESTIMATION

13.1 Legal Framework According to the policy framework of the Go V and the provisions of Dong Thap province, the calculation of compensation for land and assets shall be based on the following legal documents:

a. Decree No. 1 97/2004IND-CP dated 03112/2004, regulating compensation, assistance and resettlement when the State acquires land.

b. Decree No.188/2004IND-CP dated 16/1112004 providing method of land price calculation and the Tariff for all types ofland

c. Decree NO.84/2007/CP dated 25th May 2007 providing additional regulations on issuing certificate of land use right, land acquisition, implementation of land use right, procedures of compensation and resettlement upon the State's recovery of land and grievance redress about land.

d. Decree No. 123/20071ND-CP 27/7/2007, adding and amending some articles of Decree No. 188/2004IND-CP on 1611112004 on methods of determining land prices and land price frame.

e. Decree 17/2006/ND-CP dated 27.01.2006 (amending Decree No. 181120041ND-CP and Decree No. 197/20041ND-CP and other decrees); compensation support and resettlement when the State recovers the land.

f. Decree No. 69/20091ND-CP, with effect from 1 October 2009, amending Decree No. 197/2004IND-CP, additional regulations on land use planning, cost land, land acquisition, compensation, support and resettlement.

g. Decree no. 64/19931ND-CP, dated on 27 Sep 1993, regulating the long term agricultural land for households.

h. Decree no. 17/2003IND-CP building the democracy at commune level, including the requirement for consultation and participation of people in the commune.

1. Decree no. 172119991ND-CP, article 25, and the adjusted decree in 2009. The projects ranked preserve culture, history, and within waterway safe corridor must be preserved and protected under the provisions of current law

J. Decree no. 13112006IND-CP dated on 09 Nov 2006 Promulgating regulations on management and use of official development fund (referred to as ODA) (including the international commitments of the government are popularized and enforced).

k. Decision no. 48/2008/QD-TTg date on 3 April 2008 referring the general instruction of forming feasible study report of project using the official development fundof group 5 banks issued by the Government.

1. Decision no. 29/2009/QD-UBND date on 23 Dec 2009 of Dong Thap provincial People's Committee regulating the compensation, assistance and resettlement when the State acquires land in the territory of Dong Thap province.

m. Decision no. 08/2008/QD-UBND dated on 04 March 12008 of Dong Thap provincial People's Committee issuing the regulation on the compensation price for trees, animals, relocating cost of tombs when the State acquires land in the territory of Dong Thap province.



n. Decision no. 15/201O/QD-UBND dated on 14 June 2010 of Dong Thap provincial People's Committee issuing the regulation on standard price and architecture structures newly constructed applicable in the territory of Dong Thap province.

o. Decision no. 39/20101QD-UBND dated on 28 Dec 2010 of Dong Thap provincial People's Committee issuing the regulation on price of land of all kinds when the State acquires land in the territory of Dong Thap province.

In addition, the compensation price is detennined according to the applicable RPF ofMRDUUP, compensation and resettlement policies of Cao Lanh city - Dong Thap province, and involuntary resettlement policy of World Bank. These will be the basis for detennining the replacement price for affected land and assets, and detennining eligibility for compensation, assistance and resettlement of project affected households.

13.2 Funding Source for implementing RP

The budget for the implementation of the RP would be a part of the local funding (budget from Cao Lanh City People's Committee - CPP). Cao Lanh CPP will be responsible for funding for the corresponding implementation of resettlement compensation.

13.3 Replacement price research The method to detennine the losses of the projects financed by the World Bank is based on "Replacement Cost". In this project, the damages are relating urban land, buildings and other assets. Area of urban land with the same value should be fixed based on replacement costs, taking into account the public works and social services plus the cost of registration and transfer taxes. For houses and other buildings, their value is detennined by the market price of construction materials to build a replacement house with acreage and quality at least equal to the old houses, or to repair the affected structure, plus the cost of transporting materials, labor and procurement costs, registration fees and transfer taxes. Affected households can take advantage of the fact that replacement price excludes depreciation and value of materials.

13.3.1. Land compensation unit price

a. Decision No. 39/2010/QD-UBND dated on 28 Dec 2010 of Dong Thap provincial People's Committee regulating the price of land of all kinds in Dong Thap province

b. Buying and selling newspaper; Infonnation from the real estate transaction grounds and Centers

c. Referring to the unit cost of some projects in the surrounding areas

d. Consulting the local authority and the households affected by the project

Land prices in the project are detennined based on the survey results gathered for the replacing price, working with local authorities and infonnation reference on the buying and selling newspaper. The price is decided according to the coefficient, meaning that price compensation will be calculated according to the price regulated by Cao Lanh city People's Committee.


Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City snb-pro,,-je_c_t ________ _ Resettlement Plan

.~--

Table 25 Replacement price

Compensating price Ward (according to the

Proposed N

slcom LIA Decision no. Coeffici replacing

mune 39/2010/QD-UBND of ent price

s Dong Thap People's Committee)

3 3A 800,000 1.5 1,200,000

• 3B 4,000,000 1 4,000,000 3C 2,000,000 • 1 2,000,000

i 4 -Ton Duc Thang Route -Price BT ely a: 4,000,000 1 4,000,000

Price BT ely b: 2,000,000 1 2,000,000 Price BT ely b: (plot distance) 1,200,000 1 1,200,000

Price BT ely c: (plot distance) 800,000 1 800,000

Tran Phu Route -Price BT ely a: 2,800,000 1 2,800,000

1 1 Price Bt ely a: (plot distance) 1,400,000 . 1 1,400,000 Price BT ely b: (plot distance) 840,000 1 840,000

5 -Huu Nghi Bridge - 30/4 3,500,000 1 3,500,000

Behind Dr Ho's house 1,000,000 1 1,000,000 Behind kiosk range of My Ngai

2,000,000 1 2,000,000 : market

Le Hong Phong - Tran Hung Dao 1,000,000 1 1,000,000

.5D 3,500,000 1 3,500,000

5E 1,000,000 1 1,000,000

: Tran Binh Trong 700,000 1 700,000 Behind Agriculture encouraging

2,000,000 center

1 2,000,000

2 2 1 2,000,000 1.5 3,000,000

.3 3 2 600,000 2 1,200,000 9 800,000 1 800,000

4 4 6 1,200,000 1.5 1,800,000 5 6 11 85,000 1 85,000

6 11 8 1,000,000 1.5 1,500,000

13 1,000,000 I

I 1.5 1,500,000

Hoa 7 1,000,000 1.5 1.500.000 .7 Thua

10 1,000,000 1.5 1,500,000 n

8 Hoa

12 800,000 1 800,000 An Tan 12 600,000 1 600,000

1

9 Thua 14 800,000 :1 800,000

nTay I

1 LoHoaDong 600,000 1.5 900,000



---~--~-'---- -I co':pensating Pri~e Ward (according to the

Proposed N s/com

LIA Decision no. Coeffici

replacing mune 39/2010/QD-UBND of ent price s Dong Thap People's

Committee) ._-

0

13.3.2. Unit compensation price for architecture structures

House characteristics in the influence scale of the project are mainly the level 3,4 (the number of the second level is negligible). With regard to housing and other construction works in the project, its value shall be determined according to the market price of construction materials at the time of valuation of compensation price to build a replacing house with the area and quality are at least as good as the old one. Or it is depending on the scope of repair which affected structures, and the cost of materials transport, labor and tendering, bidding registration and transfer tax, excluding depreciation of assets and materials.

During the survey is not different from the construction unit price stipulated by the PPC at the Decision No.15/20101UBND dated on 14 June 2010 by the Dong Thap People's Committee and construction structure prices fluctuate erratically. Due to the diverse types of housing and structureslbuilding in the province, applied unit prices will be calculated for each category accordingly.

The unit price for housing, structureslbuilding (kitchen, toilet, yard ... ) propose as following the compensation amount specified by the PPC. The price varies between 500,000/m2 VND and 2,500,000/m2 VND, depending on features and types of the affected structures.

13.4 Cost Estimate The cost of resettlement compensation covers the costs of preparing and implementing RP, the administration and management cost with the following items:

a. The compensation costs for land and other property affected in the project area;

b. Cost for income recovery program and special assistance to vulnerable groups (households under preferential policy, veterans, the female headed households, the disabled, and the poor, etc.);

c. The support, grants, and awards for people affected to relocate outside of the affected area as expected;

d. Costs for implementing and managing the resettlement plan;

Detail of statistical analysis of the impacts and estimated costs for the project area will be divided into each item and shown in the sections below.


I-

lY.I.~n"lI!; "''''::UU .I.'\o..::glun \,) Juan \,) pgl"aUJug J: I"UJ\:\:' VUIII"-\') \,)J: }

Cao Lanh City sub-pro,iect Resettlement Plan

Table 26 Cost of assistance, compensation and resettlement

No Content --

COlI!J!.onent 1 Component 2 Component 3

I Land 51,272,138,500 34,600,103,810 8,569,547,900

--

2 Houses and works 96,616,578,340 42,830,135,557 5,522,957,220

3 Trees, fruits 1,763,908,267 861,049,500 4,978,247,000

4 Graves 525,000,000 - 660,000,000.00

5 Assistance/support 12,280,802,858 5,661,323,450 21,692,643,700

6 Cost of construction of temporary housing 10,377,611,000

TOTAL (1) 162,458,427,964 83,952,612,317 51,801,006,820

Managing cost (2%) (2) 3,249,168,559 1,679,052,246 1,036,020,136

Contingency cost (10%) (3) 16,245,842,796.38 8,395,261,231.67 5,180,100,682

Total (1), (2), (3) 181,953,439,319 94,026,925,795 58,017,127,638

TOTAL COST OF COMPENSATION ---


Schools Total

955,351,400 95,397,141,610

241,948,800 145,211,619,916

- 7,603,204,767

- 1,185,000,000

4,200,000· 39,638,970,008

1,201,500,200 299,413,547,300 I I

24,030,004 6,587,098,041

120,150,020 29,941,354,730

1,345,680,224 335,942,000,071

335,942,000,071

1 USD = 20,500 16,387,414 VND

'-------

Mekong Delta Region Urban Upgrading Project (MDR-UUP) Cao Lanh City sub-project Resettlement Plan Therefore, the total cost for compensation/support and resettlement of the Components 1, 2, 3 is 335,942,000,071 VND, equivalent to usn 16,387,414.

Estimated cost for project implementation will be updated during the detail design and the time of land acquisition. In order to comply with the Bank policy, independent land appraisers will determine actual replacement costs at the time of expropriation.


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