BINH DINH PROVINCIAL PEOPLE’S COMMITTEE BINH DINH PROJECT MANAGEMENT UNIT OF CONSTRUCTION INVESTMENT WORKS FOR AGRICULTURE AND RURAL DEVELOPMENT ----------------o0oo--------------- SFG3439 V3 REV ETHNIC MINORITIES DEVELOPMENT PLAN VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT Binh Dinh Subproject August 2017 báo cáo: BINH DINH PROVINCIAL PEOPLE’S COMMITTEE BINH DINH PROJECT MANAGEMENT UNIT OF CONSTRUCTION INVESTMENT WORKS FOR AGRICULTURE AND RURAL DEVELOPMENT ----------------o0oo--------------- ETHNIC MINORITIES DEVELOPMENT PLAN VIETNAM EMERGENCY NATURAL DISASTER RECONSTRUCTION PROJECT Binh Dinh Subproject REPRESENTATIVE OF CLIENT CONSULTANCY AGENCY AUGUST, 2017 Ethnic Minorities Development Plan– Binh Dinh Subproject TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................. vii I. INTRODUCTION .......................................................................................................................... 9 1.1. General Context ...................................................................................................................... 9 1.2. Vietnam Emergency Natural Disaster Reconstruction Project – Binh Dinh Subproject ........ 9 1.3. Scope of the EMDP .............................................................................................................. 10 1.4. Objectives of Ethnic Minority Development Plan (EMDP) ................................................. 15 II. POLICY FRAMEWORK FOR ETHNIC MINORITY PEOPLES .............................................. 15 2.1. National Legal and Policy Framework for Ethnic Minority Peoples ................................ 15 2.2. World Bank’s Operational Policy on Indigenous Peoples (OP/BP 4.10) .......................... 17 III. SOCIAL ASSESSMENT FOR THE SUBPPROJECT ................................................................ 18 3.1 Ethnic Minority Population in the Project Area .............................................................. 18 3.2 Presence of EM Community in the Project Area and Adjacent Locations ........................ 19 3.3 Socio-economic Profile of EM People........................................................................... 19 3.4 Potential Impacts ......................................................................................................... 21 3.5 Mitigation Measures .................................................................................................... 23 IV. CONSULTATIONS WITH THE ETHNIC MINORITY COMMUNITIES ................................ 24 4.1 Objectives ................................................................................................................... 24 4.2 Public Consultation Methods ........................................................................................ 25 4.3 Consultations during the EMDP Preparation.................................................................. 25 4.4 Consultations during EMDP Implementation ................................................................. 26 V. ACTIVITIES PROPOSED FOR ETHNIC MINORITY PEOPLE .............................................. 26 VI. INFORMATION DISCLOSURE AND DISSEMINATION ....................................................... 30 VII. IMPLEMENTATION ARRANGEMENTS ................................................................................. 31 VIII. GRIEVANCE REDRESS MECHANISM .................................................................................... 32 IX. MONITORING AND EVALUATION ........................................................................................ 33 9.1. Independent monitoring ............................................................................................... 34 X. IMPLEMENTATION SCHEDULE AND BUDGET .................................................................. 35 10.1. Implementation Schedule ............................................................................................. 35 10.2. Budget ........................................................................................................................ 36 Annex 1. Summary of Consultation Results with EM Group ............................................................... 37 Annex 2. Some Minutes of Public Consultation Meetings at the affected EM community area .......... 38 Annex 3: Project information leaflet ..................................................................................................... 43 General Context .................................................................................................................................... 43 1 Ethnic Minorities Development Plan– Binh Dinh Subproject LIST OF TABLES Table 1: Work Items of Subproject Prioritized in the First 18-month Period ............................................. 11 Table 2: Legal Documents Relating to Ethnic Minority ............................................................................. 16 Table 3: Distribution of EM Community in Binh Dinh province ............................................................... 18 Table 4: Affecting Levels on EM Peoples due to Subproject’s Land Acquisition ..................................... 22 Table 5. Summary of Negative Impacts and Relevant Mitigation Measures.............................................. 24 Table 6: EM Public Consultation ................................................................................................................ 25 Table 7: Summary Proposed Activities and Support Contents ................................................................... 30 Table 8: Internal Monitoring Indicator ....................................................................................................... 34 Table 9. Independent Monitoring Indicators............................................................................................... 34 Table 10: Implementation Schedule ........................................................................................................... 36 Table 11: Cost Estimate of EMDP............................................................................................................. 36 2 Ethnic Minorities Development Plan– Binh Dinh Subproject ABBREVIATIONS AHs Affected Households PMU Project Management Unit PC People’s Committee CARB Compensation, Assistance and Resettlement Board DMS Detailed Measurement Survey DOLISA Department of Labor, War Invalids and Social Affairs ENDR Emergency Natural Disaster Reconstruction EM Ethnic Minority EMDP Ethnic Minorities Development Plan IMA Independent Monitoring Agency LURC Land Use Right Certificate MOLISA Ministry of Labor, War Invalids and Social Affairs OP World Bank’s Operational Policy RPF Resettlement Policy Framework RAP Resettlement Action Plan EM Ethnic Minority SC Site Clearance WB World Bank ODA Official Development Assistance VND Viet Nam dong 3 Ethnic Minorities Development Plan– Binh Dinh Subproject SVB State of Vietnam Bank PC People’s Committee EMPF Ethnic Minorities Policy Framework EMDP Ethnic Minorities Development Plan EM Ethnic Minority 4 Ethnic Minorities Development Plan– Binh Dinh Subproject GLOSSARY Project impacts Means positive and negative impacts on EMs caused by all project components. Adverse impacts are often consequences immediately related to the taking of a parcel of land or to restrictions in the use of legally designated parks or protected areas. People directly affected by land acquisition may lose their home, farmland, property, business, or other means of livelihood. In other words, they lose their ownership, occupancy, or use rights, because of land acquisition or restriction of access. Affected people Refers to individuals, organizations that are directly affected socially and economically by the project. This could be as a result of involuntary taking of land and other assets that results in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. Mandatory land acquisition includes ownership when the owner has given permission and has benefited from ownership/residence in another area. In addition, affected person is one for whom involuntary restriction of access to legally designated parks and protected areas result in adverse impacts on livelihoods; however, the project also takes consideration into both negative and positive indirectly affected groups. In addition, displaced person is one for whom involuntary restriction of access to legally designated parks and protected areas that result in adverse impacts on livelihoods also. Indigenous Peoples Equivalent with ethnic minority peoples in Viet Nam to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identify by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, social, economic, social or political institutions that are separate from those of the dominant society and culture; and (iv) an indigenous language, often different from the official language of the country or region. Vulnerable groups People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status may be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits, include: (i) women headed household (single, widow, disabled husband) with dependents, (ii) disables (loss of working ability), the elderly alone, (iii) poor household, (iv) the landless, and (v) ethnic minority groups and indirectly affected EM groups and indirect affected EM groups. Culturally appropriate Means having regard for all facets of the cultures, and being sensitive to their dynamics. Free, prior and informed consultation refers to a culturally appropriate and collective decision- making process subsequent to meaningful and good faith Free, prior and consultation and informed participation regarding the preparation and informed consultation implementation of the project. It does not constitute a veto right for individuals or groups. 5 Ethnic Minorities Development Plan– Binh Dinh Subproject Collective attachment Means that for generations there has been a physical presence in and economic ties to lands and territories traditionally owned, or customarily used or occupied, by the group concerned, including areas that hold special significance for it, such as sacred sites. “Collective attachment” also refers to the attachment of transhumant/nomadic groups to the territory they use on a seasonal or cyclical basis. Customary rights to Refers to patterns of long-standing community land and resource usage in lands and resources accordance with Ethnic Minority Peoples’ customary laws, values, customs, and traditions, including seasonal or cyclical use, rather than formal legal title to land and resources issued by the State. 6 Ethnic Minorities Development Plan– Binh Dinh Subproject EXECUTIVE SUMMARY Vietnam Emergency Natural Disaster Reconstruction Project– Binh Dinh province subproject comprises of 04 components. In the first 18-month period, the Subproject will prioritize 26 works items including repairing and upgrading of La Tinh and Can rivers dyke system; repairing and updating of Kon river dyke; repairing, updating and new construction of some collapsed and degraded bridges; repairing, upgrading of some severely damaged provincial roads. The Subproject items carried out in the first 18 months will cover 18 communes/wards, where 02 communes (Cat Son commune, Phu Cat district and Vinh Thuan commune, Vinh Thanh district) are presented with EMs (Bana people) affected and/or benefited by the project implementation. The work items that might impact to EM people consist of: (i) Ta Dinh and Xem stream embankment, Vinh Thuan commune, Vinh Thanh district; and (ii) Repairing of Hoi Son lake downstream embankment. Positive and Negative Impacts Positive impacts. The ENDR Project – Binh Dinh subproject will repair, overcome and upgrade infrastructures for production (irrigation works, dykes, river and sea embankments, irrigation canals, domestic water supply, etc.) to recover the production, ensure safety for people and assets as well as reduce risks caused by natural disasters. After rehabilitating roads, bridges, etc. Smooth transport will be provided to people; goods exchange and production improvement, creating favorable conditions for urgent rescue for local people in flooding and drought areas in the case of natural disasters and storms. It is estimated that about 71,900 households (equivalent to 301,980 people) living in the subproject areas of Binh Dinh will be beneficiaries from aforesaid rehabilitated and restored works. In addition, agricultural production organizations in the location will be benefited from the project thanks to rehabilitated irrigation infrastructures; then, travelling time and costs in the location are reduced owning to improved transport works. Negative impacts. According to the initial screening results, the project will affect 150 EM households by taking of the agricultural land with total affected areas of about 9,660 m2. Among 150 EM affected households of Bana group, there are 38 severe affected households with losses of 10% or more of cultivating land. None of households with impacts on houses, works, structures have to be relocated. All EM affected households living mainly in the project area under Ta Dinh and Xem rivers embankment item in Vinh Thuan commune, Vinh Trinh district. Apart from impacts by land acquisition, local people in the Project area, including EMs will be borne potentially negative effects during construction. These impacts are identified as follows:  Potentially temporary effects on livelihood and income sources for land based production activities.  Limited travelling of local EM during construction.  Material and waste disposal transportation may break infrastructures nearby.  Increase in social evils because of a large number of workers gathering at the site. Mitigation Measures guide affected EMs to select crop varieties that have growth duration suitable to the construction schedule; raise community awareness of traffic safety and social evils prevention during the construction period; ensure contractors measures for transporting materials and restore the affected infrastructure to its original conditions. Legal Framework of EMDP. The legal framework and policies for preparation and implementation of this EMDP has been determined by the relevant laws, decrees and circulars of the Government of Viet Nam (GOV) for the minority community and in compliance with the policy on Indigenous Peoples (OP/BP 4.10) of the World Bank (WB). 7 Ethnic Minorities Development Plan– Binh Dinh Subproject Gender. The social assessment results show that with regards to public services access, there is no discrimination or obstruction to men or women in their access to healthcare, education as well as social and cultural institutions, but there is a tradition that bans female family members the right to inherit land, which denies women accessibility to this key asset. Information Disclosure and Public Consultation. The public consultation with the EM communities in the subproject area was conducted in March and April 2017 to assess the impact on livelihoods and determine the action/mitigation measures to meet the needs of the community. The consultation results are incorporated in this EMDP. The process of consultation and information disclosure will continue to be conducted during the rest of the project implementation. Consultations with the EM communities, also informed about the benefits brought by the subproject, and adverse impacts that negatively affect people in the area. EM communities in the subproject area confirmed the EM peoples’ broad support to the subproject implementation. Implementation Arrangements. Binh Dinh Provincial People's Committee (PPC) on behalf of the Government is the Project Owner. Binh Dinh PPC is responsible for the entire project. Binh Dinh Agriculture and Rural Development Project Management Unit (PMU), was established to coordinate the project implementation. Binh Dinh PMU is responsible for the overall implementation of EMDP prepared under the sub-project and ensuring that all project stakeholders understand the purpose of EMPF, and how EMDP for each sub-project are prepared and approved prior to implementation. Grievance Redress Mechanism. The complaints resolution mechanism for the EM people will be conducted through the grievance redress mechanism applicable and established to the whole project. However, if local leaders could provide support or guidance for conflict resolution, the traditional procedures for these cases would be considered. Monitoring and Evaluation. The implementation of the EMDP will be monitored and guided on a frequent basis by Binh Dinh PMU. The independent monitoring reports of EMDP implementation will be submitted in biannual basis to the World Bank. Interventions Activities to ensure the EMs benefit from project investments is proposed to boost the farming activities, and business. Training courses will also be designed that (i) are accessible and content culturally appropriate curriculum for the EM peoples; and (ii) support women to participate to reach at least 30% of the participants. Budget. EMDP will be implemented as a standalone program. The total cost estimates for the implementation of EMDP is VND 504,000,000, equivalent to US$ 22,154 (exchange rate VND 22,750 = US$ 1). The cost of compensation and assistance for the temporary impacts on livelihoods is included in the total project cost. 8 Ethnic Minorities Development Plan– Binh Dinh Subproject I. INTRODUCTION 1.1. General Context 1. The Government of Vietnam received a loan from the World Bank for Vietnam Emergency Natural Disaster Reconstruction Project including Ha Tinh, Quang Ngai, Binh Dinh, Phu Yen and Ninh Thuan provinces (hereafter called the ENDR). The project has been implemented to rebuild priority infrastructure works in some flood-damaged provinces in 2016 and to strengthen capacity to effectively respond to future disasters in five provinces. The project will benefit affected persons by natural disasters, including the poor, women and ethnic minorities, by improving access to essential infrastructure and services and increasing adaptation capacity as well as supporting for agricultural production through improvement of irrigation works. Specific investment items by the project have been currently identified with the objectives without causing serious negative social impacts. 2. The project will be implemented from 2017 to 2020 with total fund of US $118 million, of which IDA loan is US $ 118 million, including 03 components: 1) Resilient Reconstruction of Flood Damaged Infrastructure; 2) Disaster Recovery Capacity Enhancement; and 3) Project Management. 3. The Project Development Objective is to reconstruct infrastructure assets in the project areas. The PDO will be achieved by rebuilding key infrastructure assets based on a “build back better” approach emphasizing all stages of infrastructure lifecycle including design, construction and maintenance and strengthening institutional capacities for climate and disaster risk management 4. Specific objectives of the Project include: (i) Repairing, improving and upgrading of production infrastructure (including irrigation works, dykes, river embankments, sea embankments, irrigation canals, domestic water supply, etc.) in order to restore production, protect lives and property of the local people, reduce risks caused by natural disasters. (ii) Overcoming damages on traffic infrastructure to facilitate travel, business and production development of the people, facilitate transportation of rescue forces, materials and equipment for emergency rescue for local people in flooded and drought areas in case natural resources and floods in the region. (iii) Support for capacity strengthening of the Client in the project implementation. 1.2. Vietnam Emergency Natural Disaster Reconstruction Project – Binh Dinh Subproject 5. Vietnam Emergency Natural Disaster Reconstruction Project – Binh Dinh Subproject has been implemented in Binh Dinh province, at locations affected by disaster, in which, the project focuses on rehabilitation of essential infrastructure works to ensure life, restore production and ensure smooth transportation. 6. It is estimated that about 71,900 households (equivalent to 301,980 people) living the project districts of Binh Dinh province will benefit directly from the reconstruction and rehabilitation of works of the Subproject. Besides, agricultural production organizations in the region will also benefited from the Subproject thanks to improved irrigation works; saving time and cost of travelling in the project area thanks to improved traffic works. 7. According to preliminary estimation, total estimated investment capital of the Subproject is US $ 58.23 million. Of which: (i) Preferential credit loans (IDA) from the World Bank: US $ 52 million; and (ii) Counterpart fund of Government of Vietnam: US $ 6.23 million. 8. Vietnam Emergency Natural Disaster Reconstruction Project – Binh Dinh Subproject consists of 03 components as follow:  Component 1: Resilient Reconstruction of Flood Damaged Infrastructure and disaster prevention in the future a. Subcomponent 1.1: Dyke, embankment (estimated cost of US $ 24,180,000) 9 Ethnic Minorities Development Plan– Binh Dinh Subproject This subcomponent will implement rehabilitation and solidification of canals, dykes, and dams along Kon, La Tinh, Can and Ha Thanh rivers system. b. Subcomponent 1.2: Irrigation (estimated cost of US $ 9,970,000) This subcomponent will implement repairing, upgrading of severely damaged irrigation canals system by flood. c. Subcomponent 1.3: Transport (estimated cost of US $ 19,500,000) This Subcomponent will finance for rehabilitation; reconstruction of damaged transport infrastructure works.  Component 2: Capacity Building (estimated cost of US $ 88,000) 9. To well manage construction works and improve the effectiveness of disaster prevention activities, the Project will finance a budget from the counterpart fund of the province to carry out some activities including training, capacity building, community communication and initial costs for O & M activities. These activities will support the sustainable operation and management of works in the future. 10. In addition, the World Bank also commits to find a number of non-refundable aids to carry out a number of research, capacity building and training activities to promote the effectiveness of funded works of the Project. The details of this component will be clarified during the preparation phase of feasibility study report.  Component 3: Project Management (estimated cost of US $ 4,320,000) 11. The objective of this component is to provide support for effective project implementation, including project auditing, monitoring, and mid-term and end-term evaluation, supply of equipment and technical assistance to the PMU during the project implementation process and individual consultancy services and PMU operating costs. This component will also provide reports and project management support to other components. It will provide institutional support and capacity building for project management, coordination, review and evaluation of technical, environmental and social safeguards aspects and project evaluation monitoring. This component will provide workshops to enhance the awareness of management officials and community-related to natural disasters. On the other hand, this component will also provide budget support for key project officials, including project managers, construction engineers and specialists in the field of natural disaster risk management, compliance monitoring, finance, bidding and other related fields of the Project. These key staff will be hired under Time and Scheduled Contracts of the Project. 1.3. Scope of the EMDP 12. Vietnam Emergency Natural Disaster Reconstruction Project (ENDR) – Binh Dinh Subproject consists of 3 components with 65 work items. Two EMDPs are required to develope for Binh Dinh Subproject, of which one EMDP is prepared for works items prioritized within the first 18-month period and the other will be developed for the remaining works items. 13. During the first 18-month period, the Subproject will take priority over 26 works items under the Component 1: Flood Prevention, Irrigation and Transport Sub-components. The list of Work Items of Subproject Prioritized in the First 18-month Period is presented in the following table: 10 Ethnic Minorities Development Plan– Binh Dinh Subproject Table 1: Work Items of Subproject Prioritized in the First 18-month Period No. NAME OF WORKS WARDS/COMMUNES DISTRICTS SCOPE I Repairing, upgrading of La Tinh and Can rivers dyke system La Tinh river’s right bank La Tinh river embankment, embankment, starting point at section from Vinh Thanh Phu Cat Dinh Hong stream cross-road, 1 Cat Tai commune hamlet to Thai Phu hamlet, district ending point connects with Thai Cat Tai commune Phu pump station, Thai Phu hamlet, and length is 2,510m. Reinforcement of Dap Quang Rehabilitation of Dap Quang downstream stone embankment, Phu Cat 2 down-upstream stone Cat Tai commune Cat Thanh commune, including district embankment 02 sections with total length of 810.0m. Backfill hill soil with compact of K95, protection of river dyke roof to stabilize production for 70 Rehabilitation of Chanh Phu Cat 3 Cat Thanh commune ha of farming land area and lives Hung dyke e district of 500 households in Chanh Thang and Chanh Hung hamlets, Cat Thanh commune. Stopping a breach of broken dyke sections by flood on 15/12/2016 Repairing of Hoi Son lake’s Phu Cat 4 Cat Son commune and reinforcement of weak downstream embankment district locations. Total length of embankment is 1,053.00m Downstream dyke of La Tinh My Chanh and My Hiep Phu My Reinforcement of 02 dykes with 5 river, Phu My district communes district total length of 2,234m. Rebuild landslide dyke sections on Can river, in Luong Thai Can river dyke, Phu My Phu My hamlet with length of 90m and 6 My Chanh commune district district broken dyke sections by flood on Can river in An Luong hamlet with length of 65.5m. Thu Tinh dyke is built on Duc Pho river, reinforced 02 left and right banks, starting invested Phu Cat section for construction is from 7 Thu Tinh dyke Cat Minh commune district Ben Do bridge towards upstream to the provincial bridge 639 towards downstream. Total length of dyke is 1,414m. Upgrading of 1.1 km river bank Rehabilitation of Lach Moi in Cat Minh commune by Phu My 8 drainage axis erosion, My Cat Minh commune leveling up and expansion of district Thanh commune bank surface with width of 4m combined with infield transport. 11 Ethnic Minorities Development Plan– Binh Dinh Subproject No. NAME OF WORKS WARDS/COMMUNES DISTRICTS SCOPE II Repairing, upgrading of Kon river dyke Backfill soil to raise dyke surface Tay Son to ensure flood prevention in 1 Thang Cong 2 embankment Nhon Phuc commune district main season with length of 291.88m. Reinforcement of embankment roof for Ta Dinh stream, up- Ta Dinh and Xem streams downstream sections of Ta Dinh Vinh Thanh 2 embankment, Vinh Thuan Vinh Thuan commune bridge, expansion of one more district commune span with L=7.0 of Ta Dinh bridge to increase flood drainage. Total length is 1,200.3m. Stopping a breach of broken dyke sections, repairing of broken Xoi Dau spillway by 2016 flood; Dai An river dyke, section of Phu Cat repairing, upgrading of right 3 Cat Nhon commune Dai Hao hamlet district bank dyke of Dai An river, section from Vung Thi bridge to Xoi Dau spillway. Length of dyke is 1,477.0m. Repairing of existing dyke section from Truong Giang spillway to eroded Bo Bo culvert, Truong Giang dyke, Phuoc Tuy Phuoc repairing of broken Tran Giang 4 Phuoc Son commune Son commune district spillway by 2016 flood to ensure safety of works, protect river bank from landslide. Length of dyke is 467.33m. Repairing of eroded dyke section in 2016 flood season, ensure Queo river dyke, Binh Tan Tay Son stability for Queo river of Van 5 Binh Tan commune commune district Phong main canal and Van Phong BIS canal. Length of dyke is 813m. The task of dyke is to protect Kon river right bank from landslide, Vinh Loc Hamlet Kon river dyke, Lai Nghi Binh Nghi commune combined with existing Queo Tay Son 6 hamlet, Binh Nghi and Binh and Binh Hoa river dyke which was reinforced district Hoa communes communes to create closed reinforcement layer to prevent landslide and erosion of spillway section (L = 3,321.00m). Protection reinforcement of Kon river embankment, Vinh Vinh Thanh 1,934.25 m of Con river roof is 7 Vinh Thanh town preventing river bank from Thanh town district landslide combined with transport road on embankment 12 Ethnic Minorities Development Plan– Binh Dinh Subproject No. NAME OF WORKS WARDS/COMMUNES DISTRICTS SCOPE surface. The task of embankment is limit river bank landslide, protect production land, ensure safety of Cut river embankment, Tay Tay Son 8 Tay Phu commune lives and property of Tay Phu Phu commune district commune combined with rural transport road and rescue roads in flood season. Construction of embankment for Phu Ngoc embankment, Tay Son 9 Nhon Phuc commune residential site protection with Nhon Phuc commune district length of 1,202m. Dyke of An Nhon town’s An Nhon Construction of embankment for 10 An Nhon town center district residential site protection III Repairing, upgrading and new construction of some collapsed bridges L=2x12m, B=5m, after 2016 Trang bridge (Km 91+670, Phu Cat flood, middle pier is subsidence, 1 Cat Lam commune The provincial road. 639 B) district cannot circulate and not ensure pressure capacity Dich Nghi bridge (Km Phu Cat L=18m, B=6.5m, bridge is totally 2 17+415, The provincial Cat Son commune district collapsed after 2016 flood road.634) L=9m, B=6.5m, 01 abutment of Suoi Can bridge (Km 1+100, Hoai Nhon 3 Hoai Hao commune bridge is washed away; beam the district road.11) district system of bridge is damaged. Slab bridge L=2x6m, B=5m Phu Son bridge (Km)+600, Hoai Nhon 4 Hoai Hao commune whose one abutment is collapsed, the SH.02) district bridge’s surface is damaged Spillway bridge L= 2x12 m, B= Hoai An 5 Bu Nu bridge Bok Toi commune 3.5 m, the bridge is totally district collapsed after 2016 flood IV Repairing, upgrading of some severely damaged provincial roads The existing provincial Ngo May town, Cat Upgrading, improving of Phu Cat 1 road.635 (National Highway Trinh, Cat Tuong damaged road surface (peel off district 1- National Highway 19B) communes with pot holes). Phu Cat Upgrading of the dyke with district Phu The provincial road. 639 Cat Chanh, My An and eroded sidewalk, pavement has 2 My district (Nhon Hoi- Tam Quan) Hoai Huong communes many horizontal and narrow Hoai Nhon gaps. district Phu Cat - Upgrading of the road by annual The provincial road 639 B 3 Phu My flood roads leading to breaking (Chuong My- Nhon Tan) district of talus. 13 Ethnic Minorities Development Plan– Binh Dinh Subproject Map 1: Construction location of priorized works items within the first 18- month period 14 Ethnic Minorities Development Plan– Binh Dinh Subproject 1.4. Objectives of Ethnic Minority Development Plan (EMDP) 14. The Ethnic Minority Development Plan is prepared in accordance with The World Bank’s OP/BP 4.10 policy on Indigenous Peoples. This plan is prepared based on social assessment (SA) carried out for the project and consultation with EM people in the Subproject area. 15. Objectives of this EMDP is to (i) Summarize potential impacts on EM people of work items conducted during the first 18 months as well as prevention/mitigation measures; and (ii) Proposed activities that need developing to ensure the project’s socio-economic benefits on genders and multi- generations through training and livelihood improvement activities. Development activities displayed below are proposed after thoroughly consulting with EM peoples and outputs of the Project’s social assessments. II. POLICY FRAMEWORK FOR ETHNIC MINORITY PEOPLES 2.1. National Legal and Policy Framework for Ethnic Minority Peoples 16. Constitution of the Socialist Republic of Vietnam (2013) recognized the equality between ethnic groups in Vietnam. Article 5 of the Constitution in 2013 provides: a) Socialist Republic of Vietnam is the unified state of all nationalities living in the country of Vietnam. b) The nationalities equal, unite, respect and help each other to develop; prohibits any discrimination, ethnic division. c) The national language is Vietnamese. The nation has the right to use voice, text, preserving the national identity, promoting traditions, customs, traditions and culture. d) The State implements a comprehensive development policy and creates reasonable conditions for the ethnic minorities to mobilize resources, along with the development of the country. 17. The Socio-Economic Development Plan and Socio-Economic Development Strategy of Vietnam specifically call for attention to ethnic minorities. Major programs targeting ethnic minority people include Program 135 (infrastructure in poor and remote areas) and Program 134 (eradication of poor quality houses). A policy on education and health care for ethnic minorities is in place. The legal framework was updated in 2014. 18. The Government of Vietnam has developed a series of policies to develop, enhance socio- economic condition of ethnic minorities in the mountainous and remote regions. After the programs 124, 125 for the phase 1, 2, the GoV launched the program 135 for the phase 3 to accelerate socio-economic development in communes, villages, especially particularly difficult areas and ethnic and mountainous regions. Besides the overall development program for ethnic minorities, the Government assigned the Committee for Ethnic Minorities Affairs to guide provinces to prepare projects Development Assistance for ethnic groups with less than 1,000 people, i.e. Si La, Pu Peo, Ro Mam, Brau, O Du. The government also conducted Rapid and Sustainable Pro-poor Program 61 poor districts, where many ethnic minorities live. 19. The Prime Minister promulgated the Decree No. 84/2012/ND-CP by dated 12 October, 2012 on the functions, tasks, powers and organizational structure of the Committee for Ethnic Minorities Affairs (CEMA). The Decree stipulated that the CEMA, a ministerial government, performs the function of state management of ethnic affairs in the country; state management of public services under the jurisdiction of CEMA as stipulated by law. Along with Decree 05/2011/ND-CP dated 14 January, 2011 on the work of EM, Decree 84/2012/ND-CP was issued as a legal basis for CEMA to continue concretizing guidelines and policies of the State on ethnic minorities in the period of industrialization and modernization; promote the power to unite the whole nation for the target rich people, strong country, social justice, democracy and civilization, in order to ensure and promote equality, solidarity, respect, help each other to develop and preserve the cultural identity of the peoples in the great family of ethnic groups of Vietnam. 15 Ethnic Minorities Development Plan– Binh Dinh Subproject 20. The documents of the Government based on democracy and the participation of local people are directly related to this EMPF. Ordinance No. 34/2007/PL-UBTVQH11, dated 20 April, 2007 (replaced for Decree 79/2003/ND-CP dated 07 July, 2003) on the implementation of democracy in communes, wards, and town provides the basis for community involvement in the preparation of development plans and supervision of community in Vietnam. Decision No. 80/2005/QD-TTg by the Prime Minister, dated 18 April, 2005 regulates the monitoring of community investments. Legal Education Program of CEMA (2013 - 2016) aims to improve the quality and effectiveness of legal education, awareness rising on self- discipline, respect, strictly abiding law of officials and public servants, and the employees of the organizations for EM. 21. The Land Law 2013 affirms that land belongs to all peoples, with the State representing on behalf of all peoples the ownership and management of this land. The State authorizes the land use rights to the land users through land allocation, land lease, recognition and management of land use. For the allocation of forestland, the Land Law provides that allocation of production forestland, protection forestland, special use forestland for organizations, households, individuals, community; however, each type of forestland allocated for different user has different rights. Those being allocated by the State are called “land users”. Land Law prescribes that land users are issued with land use certificates, entitled to products from the investment on the land. Households, individuals allocated by the State for production plantation land have the right to transfer, convert, lease, inherit, mortgage and joint venture the value of the land area; forest allocated communities are not able to transfer, convert, lease, inherit, mortgage and joint venture the value of the land area. 22. Development of socio-economic policies for each region and target group should consider the needs of EMs. Socio-economic development plan and strategy of Vietnam calls for special attention to ethnic minorities. Policies on education and health care for ethnic minorities have also been issued. The legal framework was updated in 2014; all legal documents related to EM are shown in Table 2. Table 2: Legal Documents Relating to Ethnic Minority 2016 Decision 2085/QD-TTg by the Prime Minister on approval the Special policy to support socio-economic development in ethnic minority and mountainous areas in the period of 2017 – 2020 2016 Decision No 1722/QD-TTg dated 02/9/2016 of the Prime Minister on approval of National Target Program for Sustainable Poverty Reduction in the period 2016-2020. 2015 Decision No. 1557/QD-TTg dated 10/09/2015 of the Prime Minister on the approval of a number of indicators for the Millennium Development Goals for ethnic minority associated with sustainable development goals after 2015 2015 Decision No 601/QD-UBDT dated 29/10/2015 of Committee on Ethnic Minority Affairs on additional recognition, adjustment of particularly difficult hamlets, communes in the region I, II, III under mountainous and ethnic areas 2013 Joint Circular No. 05/2013-TTLT-CEM-ARD-MPI-TC-XD dated on November 18, 2013 guideline of program 135 on support infrastructure investments, production development for extremely difficult communes, border communes, particularly difficult villages 2012 Decision No. 54/2012-QD-TTg of the Prime Minister dated on December 04, 2012 on promulgation of lending policy for development for particularly difficult ethnic minorities in period 2012-2015 2012 Decree No. 84/2012 / ND-CP of the Government dated on December 10, 2012 on functions, tasks, powers and organizational structure of the Committee for Ethnic 16 Ethnic Minorities Development Plan– Binh Dinh Subproject Minorities 2012 Joint Circular No. 01/2012 / TTLT-BTP-CEM date on January 17, 2012 of the Ministry of Justice and the Committee for Ethnic Minorities on guideline and legal assistance for ethnic minorities 2011 Resolution No. 80/NQ-CP dated 19/5/2011 of Government on orientation of sustainable poverty reduction in the period 2011-2020 2010 Decree No.82/2010/ND-CP of government, dated 20 July 2010 on teaching and learning of ethnic minority languages in schools 2009 Decision No 102/2009 / QD-TTg dated on August 07, 2009 of the Prime Minister on directly policy assistance for the poor in difficult area 2008 Resolution No.30a/2008/NQ-CP of government, dated 27 Dec. 2008 on support program for rapid and sustainable poverty reduction for 61 poorest districts 2007 Circular No.06 dated 20-September-2007 of the Committee for Ethnic Minorities Affair guidance on the assistance for services, improved livelihood of people, technical assistance for improving the knowledge on the laws according the decision 112/2007/QD- TTg 2007 Decision No. 05/2007/QD-UBDT dated 06-September-2007 of the Committee for Ethnic Minorities Affair on its acceptance for three regions of ethnic minorities and mountainous areas based on development status 2007 Decision No.01/2007/QD-UBDT dated 31-May-2007 of the Committee for Ethnic Minorities Affair on the recognition of communes, districts in the mountainous areas 2007 Decision No.06/2007/QD-UBDT dated 12-January-2007 of the Committee for Ethnic Minorities Affair on the strategy of media for the program 135-phase 2 2.2. World Bank’s Operational Policy on Indigenous Peoples (OP/BP 4.10) 23. The OP/BP 4.10 policy aims at limiting effect factors, adverse impacts on indigenous people and increase activities to bring about projects benefits considering benefits and their traditional cultural values. The Bank requires indigenous peoples (i.e. ethnic minority people) to be fully informed and able to freely participate in projects. The project should be widely supported by the affected EMs. Besides, the project is designed to ensure that the EMs are not affected by negative impacts during the development process, especially impacts of the projects funded by the WB and that the EM peoples should be ensured to receive socio-economic benefits that should be culturally appropriate to them. 24. The Policy defines that EM can be identified geographical areas and the following characteristics at different levels: a. Self-close attachment as members of distinct indigenous cultural group and recognition of this identity by others; b. Collective attachment to geographically distinct habitats or ancestral territories in the project area ad close to natural resources in these habitats and territories; c. Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and d. Speak an indigenous language, often different from the official language of the country or region. 17 Ethnic Minorities Development Plan– Binh Dinh Subproject 25. As a prerequisite for an investment project approval, OP/BP 4.10 requires the borrower to conduct free, prior and informed consultations with potentially affected EM peoples and to establish a pattern of broad community support for the project and its objectives and the project activities. It is important to note that the OP/BP 4.10 refers to social groups and communities, and not to individuals. The primary objectives of OP/BP 4.10 are: (i) to ensure that such groups are afforded meaningful opportunities to participate in planning project activities that affects them; (ii) to ensure that opportunities to provide such groups with culturally appropriate benefits are considered; and (iii) to ensure that any project impacts that adversely affect them are avoided or otherwise minimized and mitigated. 26. In context of Subproject, EM groups in the project area are likely to receive long-term benefits through repairing, construction of transport and irrigation works, however, they may be negatively affected their cultural and social lives in the project area and adjacent locations during the project implementation process. III. SOCIAL ASSESSMENT FOR THE SUBPPROJECT 3.1 Ethnic Minority Population in the Project Area 27. Binh Dinh province is located in Coast Central in Viet Nam; It borders Quang Ngai province to the North; It borders the East sea with the coastline of 134km to the East; It borders Phu Yen province to the South; It borders Gina Lai province to the West. Binh Dinh has natural area of 607.133m2, including 11 districts, cities, of which 01 city, 10 districts. Binh Dinh province’s population is about 1,519 million people in 2015. 28. Binh Dinh province has 33 communes, towns with EM community living concentrate as villages/hamlets community in 06 mountainous and midland districts: An Lao, Vinh Thanh, Van Canh, Hoai An, Tay Son and Phu Cat. EM population in mountainous area is about 9,500 households with 36,500 people. Currently, there are 27 EM, of which 03 ethnic groups account for 9,300 households, 35,700 household members including Cham, Bana and H’re and some new immigrants of 200 households with 800 people. Table 3: Distribution of EM Community in Binh Dinh province No. of EM people in Population of Province District/Town Rate (%) the region districts/communes Quy Nhon city 34 62,307 0.05% Phu Cat 32 48,050 0.1% Phu My 2 45,437 0% Hoai Nhon 1 50,047 0% BINH DINH Hoai An 1,016 26,010 4% Tay Son 446 37,520 1% Van Canh 3,309 8,255 40% Vinh Thanh 2,523 9,253 27% 18 Ethnic Minorities Development Plan– Binh Dinh Subproject No. of EM people in Population of Province District/Town Rate (%) the region districts/communes An Lao 3,051 8,210 37% (Source: Provincial Ethnic Minority Department, 2017) 3.2 Presence of EM Community in the Project Area and Adjacent Locations 29. The works items implemented in the first 18 months will be carried out in 18 communes/wards, of which 02 communes (Vinh Thuan commune of Vinh Thanh district and Cat Son commune of Phu Cat district) with presence of EM people (Bana people) are affected by the project implementation. Works items affecting EM people include (i) Ta Dinh and Xem streams embankment, Vinh Thuan commune and (ii) Repairing of Hoi Son lake’s downstream embankment 30. According to the initial screening results, the Project implementation will directly affect the land and assets owned by 150 ethnic minority households in Ta Dinh and Xem streams embankment, Vinh Thuan commune. In addition, the construction may also cause negative impacts on the cultural and social life of ethnic minority communities in adjacent areas with Subproject area. The following section discusses the socio-cultural characteristics of ethnic minority groups in the consulted area. 3.3 Socio-economic Profile of EM People 3.3.1 Main Characteristics of Bana EM Community 31. Residential location: Bana ethnic people have been long living in Truong Son – Tay Nguyen region, and have a very interesting and unique traditional culture which is ranked 12th/53 ethnic peoples in Vietnam. 32. In Binh Dinh, Bana people reside in Van Canh, Vinh Thanh, An Lao districts, and 3 communes in Hoa An district, 1 commune and 3 villages of Tay Son district. 33. Population and labour: According to the statistics by 31 December, 2015, total population of Bana ethnic group in Binh Dinh province is 9,372 people, in which Bana people live mainly in Vinh Thanh, Van Canh and An Lao districts. 34. Language. The Bana speak a language in the Mon–Khmer family (South Asian language). 35. Economic Activities. The Ba Na live on agriculture, mainly shifting farming. Along with planting, each family raises cattle, poultry as buffalo, cow, goat, pig, chicken. Dogs are also raised but not slaughtered. Each village has their smithy. At some locations, villagers know how to make simple pottery, women weaving cloth for members in their family. Men knit mats, nets, all kinds of backpack, corf and so on. Purchase is based on the principle of goods for goods, the value is determined by chicken, axes, rice backpack, pig or copper pot, gongs, buffalo and so on. 36. Poverty rate: The Bana has lived mainly on agricultural production and breeding. In addition, the local people cultivate by backward methods, on forest and hilly land which is hard to grow on; the production in some regions is spontaneous but not carried out under any concentrated production methods. Therefore, their life has encountered into difficulties. According to Socio-economic summary report of Vinh Thuan communal PC in December 2016. the poverty households make up about 80% of total population in the commune. 37. Health and education: Health care and education: Infrastructures as schools, medical service units, roads, etc. in communes which the local ethnic people live in Binh Dinh province remain asynchronous and can not meet the residents’ demands on health care and education. The major reason is shortage of budget for construction 38. Land use practice and land tunure right: The Bana has lived mainly on agricultural production and breeding. In addition, the local people cultivate by backward methods, on forest and hilly land which 19 Ethnic Minorities Development Plan– Binh Dinh Subproject is hard to grow on; the production in some regions is spontaneous but not carried out under any concentrated production methods. 39. Material life. Material is a precious product which is created during human formation and development; it reflects the level of economic and cultural development, the natural environment conditions, and the formation of national psychological concepts. The self-creation of production and living tools is regarded as the most important mean to help people to get on with the nature and natural exploitation for serving people’s living needs. The Bana live in traditional stilt houses. Previously, when big family regime is popular, Bana people usually live in houses with one-hundred-meter-long, however, currently, this type of family no longer exist, small families with stilt houses become more and more popular. Short stilt houses of small families are popular. These houses are usually 7-15m long, 3m-4m wide, 4m-5m high, their floors are 1-1.5m high as ground. Men's clothing: Ba Na men wear pullover sweatshirts with collar sawn. This is a type of blazer with red striped shirt red and white fringe. Men wear a T-shaped cloth wrapping around their belly, passing through the groin and covering partially their buttocks. Female’s clothing: Ba Na women prefer shoulder-length hair, sometimes bun with comb or feather, or copper, tin brooch. Some groups do not wind turbans round one's head, they only wind around by cloth belt or beaded belt. Some groups in An Khe, Mang Giang or some other places, they wind turbans round heads closely, cover, indigo scarfs are wrapped on the head. 40. Social relationships: Beautiful features in the social norms of the Cham, Bana and Hre people in Binh Dinh province are shown through the behaviors of village communities, relations, clan (for Cham, Hre and Bana people) or most clearly through the relationships between people and people. The features are the love for the hometown, for the labor, the closeness with forest and mountains and with peoples; the hospitality, the sincere and simple love, the long-lasting traddition of the respect for the elderly (traddition of eldely right); the equality, democratics, community harmony between people and people; the devotion between spouses. Specially, the Bana people remains a traddition of “connection” which means if the husband dies, the wife will marry her husband's brother; if the wife dies the husband will get married with his wife's sister. For the Bana people, divorces are sometimes happened but very scared and only happended in case of being agreed by the family and the village elderly council. Committing the adultery, violators must be borne a very severely penalty. Bana people always respect for the elderly and are also very fond of children. Bullying and beating or intimidating children are scarcely seen. 41. Gender issues: For Bana people, village is a completed social unit. The matriarchy has been disappeared, the male status has been improved but the relationship with mother remain more closely. The remaining of the matriarchy is clearly shown in the relationship in families, clans and marriages. After married, husband still live in wife's family or one period in wife house and the other in husband's huse. Only after is the first child given birth, they live in their separate house. Bana male and female are free to take time for understanding each other. They only get married one husband or wife. Children will be inherited their parrent's assets equally. 3.3.2 Socio-Economic Survey of Affected Households in the Project Area 42. Survey Scope. Out of 150 households affected by the Subproject, none of severely affected households have to relocate, 38 EM households losing 10% or more of total agricultural land area, EM households are affected by Ta Dinh and Xem rivers embankment, Vinh Thuan commune. Thus, from 14 to 30, March 2017, resettlement consultants carried out SES for 52 affected EM households out of total 150 affected EM households (accounting for 35% out of total affected EM households), in which 38 households losing 10% or more of total agricultural land area and 14 households are marginally affected. 43. Characteristics of Household Members. According to survey data from 52 affected households, the majority of households consists of from 6 to 9 members (accounting for 47.6%), followed by households with 3 - 5 members, accounting for 46.4% and households with 1 to 2 members, accounting for only 6.0%. On average, each AH household in the project area has 5.8 persons / household and the average main number of laborers per household is 2.8 persons. 44. Education Level. According to survey data from 52 affected households, education level of EM people in the project area remains low, percentage of household heads with primary school accounts for 20 Ethnic Minorities Development Plan– Binh Dinh Subproject 56.9%, only 11.7% of households heads graduated from secondary school, none of households heads graduated from high school and college/university. Meanwhile, the rate of illiteracy/non-attendance is 31.4%, at which Ba na people live. Due to difficult economic situation, lack of local infrastructure, it is impossible for them to attend school, educational level of EM people remains low. 45. Occupation of Household Heads. The survey results showed that source of income for all affected EM households in the affected communes is mainly based on agricultural production, forestry and livestock activities and so on. Agricultural production is a great determinant of the stability and well- being of the household. Thus, economic condition of households get difficulties. 46. Income and Expenditure. The survey results showed that out of total 52 surveyed affected EM households, 49 households have income level bellow 700,000 VND/person/month. According to SES report in 2016 by Vinh Thuan CPC, rate of poor households accounts for 80% out of total number of households in the commune. Income level of households is decisive factor on their expenditure, with such income level, majority of surveyed households answered that they do not have enough money to cover their living expenses (including: eating, investment for their children education, medical treatment and so on). Their main source of income mainly depends on agriculture. Thus, during the project implementation process, poor households, ethnic minorities, policy households, etc. should be paid special attention in the case of resettlement, they have to relocate to new places, and their opportunities for restoring income and maintaining lives for these households are so difficult. 47. Households Ownership of Commodities. Value of assets in each household depends much on their economic condition. In the surveyed communes/wards areas, rate of poor households is majority, thus, means of living of households are mainly essential, common and low value, including bicycles, television and so on. Out of 52 surveyed households, 03 households own motorbikes, 07 households own telephones. 48. Access to Utilities and Services. (i) Use of electricity: According to consultation results, 87% of surveyed households use the national power grid with their own electricity meters and the average electricity consumption of a household is about 87,000 VND / household / month; (ii) Use of water for eating, living and production: 100% of surveyed households use drill wells water for living and eating; (iii) Use of toilets: Out of total 52 surveyed EM AHs, 27 households have their own toilets; 25 households do not have toilets. Out of households with toilets, none of households has septic toilet, majority of households use two compartment toilet and ash toilet; and (iv) Waste collection: Currently, there has not been waste collection service yet. Waste of households is often burned, buried or dumped in the backyard of households. 3.4 Potential Impacts 3.4.1 Positive Impacts 49. Mitigating Negative Impacts of Climate Change. According to reports on Binh Dinh province’s flood situation in 2016, Binh Dinh province has 05 large flood times. Total common rainfall is 900 – 2,400m. The highest flood peak on Ha Thanh river is 44.29m at 05.00 dated 03 November, 2016 in Van Canh, is 5.93m at 08h in Dieu Tri; 18.86m at 15h dated 16 December on Kon river in Binh Nghi, 9.52m at 19h in Thanh Hoa; 23.84m at 02h dated 01 December on Lai Giang river in An Hoa, 7.82m at 11h in Bong Son. Flood rain causes deep flood in 11 districts, towns, cities of the province, 114/159 communes, wards, towns are flooded; in districts of Hoai An, Phu My, Phu Cat, Tuy Phuoc, An Nhon town and water level is flooded deeply from 1.5-2.0m in Quy Nhon city; houses, bridges, culverts are collapsed, dykes, embankments, transport roads are flooded, seriously landslide, causing difficulties for local people’s travelling and lives. 50. Vietnam Emergency Natural Disaster Reconstruction Project – Binh Dinh province subproject will repair, overcome and upgrade infrastructures for production (irrigation works, dykes, embankments, irrigation canals and transport bridges and roads) to recover the production, ensure safety for people and assets as well as minimize impacts caused by natural disasters. 21 Ethnic Minorities Development Plan– Binh Dinh Subproject 51. Improvement and Upgrading of the Transport and Irrigation Quality. Over the past time, Binh Dinh province has borne severe impacts of natural disasters, many works are totally damaged, the inter- province, district, commune’s roads are seriously degraded, causing difficulties for travelling of local people. 52. In terms of irrigation, dykes, weirs are damaged by flood, causing alluvial overflow of fields, a large area of agricultural land is sediment sand mud and losing costs as well as time for local people to re- cultivate. 53. Vietnam Emergency Natural Disaster Reconstruction Project – Binh Dinh province subproject covers entire Binh Dinh province, all natural-disaster affected areas; in which, essential works for production and smooth transportation are prioritized. 54. After upgrading roads and bridges, etc., people’s travel, goods exchanges will be promoted, creating favorable conditions of the development and urgent rescue for local people in flooding and drought areas in the cases of natural disasters. 55. Binh Dinh province has an estimation of about 71,900 households (equivalent to 301,980 people) as beneficiaries from the upgraded and rehabilitated works in project areas. Besides, local agricultural production organizations will be benefited from the project thanks to renovated irrigation works; At the same time, improved roads will therefore help local people to save travelling time and cost. 56. Promotion of Local Economic Growth, Improvement of Income and Living Conditions for Local People. The Project implementation will bring about mid-term and long term positive effects in the project areas in particular and in Binh Dinh province. This project aims at sustainably overcoming negative impacts of natural disasters through rehabilitating and upgrading of essential infrastructures for production and through capacity building for efficiently responding to upcoming natural disasters. Restoring and rehabilitating of items such as roads, dykes, embankments, etc. will lessen the frequency and level of floods in the region, improve the infrastructure system, and generate positive benefits for the environment, public health and socio-economic development. The project will contribute to the improvement of transport network, flooding control, protection of people’s houses from flooding -incurred damages, and create positive conditions for economic development and goods transportation. 3.4.2 Negative Impacts 57. Impacts on Land Acquisition and Resettlement. According to the initial screening results, the project implementation will directly affect the agricultural land of 150 EM households with total affected areas of about 9,660 m2. Of 150 EM affected households, there are 38 severe affected households with losses 10% or more of cultivating land. None of households affected with houses, works, structures have to relocated. Affected households are EM people living mainly in the project area under Ta Dinh and Xem rivers embankment item in Vinh Thuan commune, Vinh Trinh district. Affecting levels of EM affected households of the Subproject are displayed as follows: Table 4: Affecting Levels on EM Peoples due to Subproject’s Land Acquisition Total affected No. Items Location No. of AHs agricultural land area (m2) Ta Dinh and Xem streams Vinh Thuan commune, 1 embankment, Vinh Thuan 150 9,660 Vinh Thanh district commune (Sources: Resettlement survey outputs, 03/2017) 58. For mitigating impacts from land acquisition, the local community were consulted in many rounds during the process of making detailed design so as to figure out mitigation measures for land acquisition and other negative impacts on people. Besides, a resettlement policy framework for entire 22 Ethnic Minorities Development Plan– Binh Dinh Subproject project and a resettlement action plan for the Subproject’s work items carried out in the first 18 months have been prepared to ensured satisfactory compensation for all project incurred losses. Map 2: Location of Ta Dinh and Xem streams embankment, Vinh Thuan commune 59. Impacts during Construction. In addition to the above-mentioned land acquisition impacts, people in the subproject area will be affected by potential impacts during construction process, which are identified as follows: (i) Potential temporary impacts on livelihood and income: in EMs land, farming activities and potential impact on fishing activities (ii) Impacts on road traffic and mobility of local people (iii) The transport of materials causes damages to the infrastructure (iv) Increase in social evils due to incoming people to the areas 60. It is estimated that around 150 EM households could be potentially affected as a result of the subproject implementation. However, the impact could not be confirmed at this stage. Once the detailed engineering design and construction measure become available during construction, this impact on EM will be defined. Every effort will be made to ensure temporary impact on local EM peoples (either land acquisition or fishing/traveling activity) should be avoided through exploring alternatives of construction measures. For example, embankment should be carried out during the dry season when fishing activities are minimal, or absent to avoid such temporary impact. If the impact is not avoidable, compensation or support will be made to the affected EM, as per project’s RPF through RAP. The RAP will be updated during project implementation to reflect this impact, if any. 61. Besides, a large number of workers will come to the site during the construction period, leading to certain disturbances to socio-economic and cultural life of local people. Although construction plan is prepared, such large number of labors will demand various requirements such as accommodations, foods, entertainment and other cultural needs. These demands may be far different from the local culture; this lead to certain disturbances for the community, especially the EMs community in Cat Son and Vinh Thuan communes where the construction is being carried out. 62. The project construction will also be accompanied with environmental negative impacts such as dust, noise, etc. Besides, diseases may be generated due to population growth at the site. The gathering of such large number of workers can induce issues rated to prostitution, diseases, especially HIV, AIDS, and sexually infectious diseases. 63. The use of some specialized roads for material transportation will obstruct people’s travel and imply risks of traffic accidents. 3.5 Mitigation Measures 64. With regards to impacts related to impacts by taking of land, and other impacts during construction, these impacts will be minimized by applying compensation and assistance measures as 23 Ethnic Minorities Development Plan– Binh Dinh Subproject established in the Resettlement Policy Framework prepared for the Project. As to the potential impacts as identified above, to minimize these impacts, the following mitigation measures will be taken: (i) Inform people concerning construction schedule in advance so that they could actively select crop varieties that have growth duration suitable to the construction schedule; (ii) Raising community awareness of traffic safety and social evils prevention during the construction period; (iii) Request the contractors to take measures for transporting materials or sludge and comply with the regulations on the load of vehicles transporting materials and waste. In case the local infrastructure is damaged due to the transport activities, the construction unit must restore the affected infrastructure to its original conditions before returning to the locality. Table 5. Summary of Negative Impacts and Relevant Mitigation Measures Adverse impacts Mitigation Measures Implementing agency Binh Dinh PMU is required to closely work Announcement to local people Impacts by taking of land with local authorities for timely information before construction dissemination of each commune Impacts on traffics and Binh Dinh PMU should closely work with increased social evils (Such the relevant authorities to develop a as prostitution, drugs, Raising community awareness of communication strategy for these issues. alcohol, etc.) traffic safety and social evils Based on the available communication prevention for the local people system in communes to disclose the project contents to households Binh Dinh PMU should require contractors to comply with the contract provisions on The Contractor will comply with the load and the measures to ensure the Impacts on Infrastructures the rules of materials transportation environmental sanitation during the and infrastructure rehabilitation transportation of materials as well as provisions for offsets when infrastructure damaged 65. To increase the socio-economic benefits to the area, some activities/measures will be encouraged to apply as follows: (i) Organize technical training courses on agricultural production; provide intensive cultivation knowledge and techniques to people; provide new crop varieties which bring high economic efficiency, and (ii) Support people in using available financial resources to invest in activities that generate economic benefits for the households. IV. CONSULTATIONS WITH THE ETHNIC MINORITY COMMUNITIES 4.1 Objectives 66. As part of social assessment for the subproject, the free, prior and informed consultations with EM peoples under the project area are carried out in accordance with the WB’s OP/BP 4.10. The consultations are to a) inform EM group in the subproject area of the project’s potential impacts (both negative and positive impacts), b) solicit feedbacks of EM peoples (when impacts are identified), and c) propose development activities to ensure culturally-matching socio-economic benefits (of the project) for EM peoples, then confirming broad supports of EMs on the Subproject implementation. 24 Ethnic Minorities Development Plan– Binh Dinh Subproject 4.2 Public Consultation Methods 67. Various inquiry tools such as group discussion, in depth interview, site survey, household surveys are used for collecting feedbacks of EM peoples. The free, prior, informed consultations in compliance with the WB’s OP/BP 4.10 are constantly used in the period of consultation. 68. Inquiry techniques: the following techniques were used to solicit the feedbacks of the EM peoples included: group discussions, participant observations, community meetings. The consultant team is aware of the comfort that needs to be maintained with regards to use of language on the part of EM peoples. As such, before the consultation, check was made to ensure the consulted EM peoples prefer the language to be used during the consultation exercise. To ensure language comfort for the EM consulted, each EM groups were consulted separately. A local person (of the same EM group) were invited to join the consultation just in case local EM language is required to promote the free exchange of information between the EM peoples, and the consultant team. The representatives’ participated ethnic HHs in the consultation meeting can use fluently Viet language. It should be noted that the person who led the consultation process and interview has extensive experience back grounds with EM peoples in Vietnam. 69. Consultation process: Two (02) consultation exercises were implemented in March 2017 in communes where affected EMs live and reside. Consultations will use both household’s inquiry, and group discussion/community meeting (as mentioned above) during consultation course. Both male and female are consulted. Particularly, EM women are encouraged raising their voice/questions. Consultations with EM community are held at the village cultural house. Affected communities are all received prior announcement. 4.3 Consultations during the EMDP Preparation 70. During the EMDP preparation process, public consultation with the EM communities was conducted in March 2017. By providing project information and potential impacts (positive and adverse) to EM households, the consultation has covered the following important aspects: a) what the potential impacts on households and communities are; b) on the basis of measures proposed to minimize adverse impacts, which suggestions/proposals would ensure that the adverse impacts can be avoided/minimized for all levels of impacts; and c) which socioeconomic opportunities brought by the subproject are for the EM households. Table 6: EM Public Consultation Gender Total No. Time/address Participants participant Male Female Vinh Thuan -Representatives of local authorities commune, Vinh and local unions/agencies 1 Thanh district, Binh 12 8 4 - Head of village and, representatives Dinh province of community and ethnic HHs Cat Son commune, -Representatives of local authorities Phu Cat district, and local unions/agencies 2 Binh Dinh province 11 6 5 - Head of village and, representatives of community and ethnic HHs 71. Results of the public consultations show that: (i) The EM communities and households in the subproject area confirmed that they were informed about the subproject. As to the EM communities in the communes adjacent to the subproject area, they were also aware of the subproject through consultation meetings organized by the consulting agency. The EM households thus support the subproject implementation in the area; and (ii) Through the public consultations, the EM people were aware of the 25 Ethnic Minorities Development Plan– Binh Dinh Subproject benefits and positive effects brought by the subproject. In addition, adverse impacts caused by the subproject were also identified and households understood these impacts. 72. Being fully informed about the subproject, the EM communities have given their broad support for the subproject implementation. In addition, they have specific comments and suggestions which focus on two aspects: (i) recommendations related to the subproject construction activities; and (ii) proposals related to EM community development. Their comments are summarized as follows: (i) The subproject should be implemented in a timely manner to minimize the impact; (ii) Organize technical training courses on livestock raising; provide financial support and information on market for livestock products for people; establish small-scale livestock raising enterprise models; (iii) Support people in using available financial resources to invest in activities that generate economic benefits for the households. 4.4 Consultations during EMDP Implementation 73. To ensure free, prior, informed consultations with EM in the process EMDP implementation, the EM community consultation framework will be used during the EMDP implementation and summarized as below:  During EMDP implementation, the same consultation approach (which has been used during EMDP preparation) will be adopted. Specifically, consultation will be based on free, prior, and informed manner, and in a participatory manner. This is to ensure the EM communities’ feedback are made based on their actual needs which arise when EM people understand more (during EMDP implementation) about the potential adverse impact to appropriately propose ways to minimize such adverse impact, as well as to development activities that they need to support their livelihoods restoration, and their development needs (which should be in line with the Project’s objectives).  The EM communities will be consulted on all of the project activities during the project cycle.  Binh Dinh Project Management Unit of Construction Investment Works for Agriculture and Rural Development and socio-political organizations and local agencies will responsible for ethnic minority affairs. Meetings and consultations will be conducted including separate meetings with EM men and women in order to know their opinions about the project activities as well as identify the positive and adverse impacts caused by the Project on their life.  Information and communications activities will be conducted continuously during the project implementation process to ensure that all the stakeholders are fully aware of and understand the project. Communications activities include disseminating information, organizing public meetings, conducting interviews, and receiving feedback from the EM communities. The feedback should be reviewed, considered, and solved in a timely manner.  Community consultations will be documented and submitted to World Bank for review and examination.  During the project implementation, the consultation and information disclosure to the affected EM communities should use methods and communication means appropriate in terms of cultural and gender aspects in order not to create communication barriers. This can include translating documents into ethnic languages, using interpreters during the public meetings, using more visual communication means, and organizing separate meetings with men and women. V. ACTIVITIES PROPOSED FOR ETHNIC MINORITY PEOPLE 74. In addition to the anticipated positive impacts the Project would bring about to improve EM living conditions and transportation, access to public services, negative impacts that should be addressed 26 Ethnic Minorities Development Plan– Binh Dinh Subproject properly including permanent land acquisition by 150 EM households; infectious diseases such as HIV/AIDS; human trafficking; gambling; fighting; traffic accident; child and women labor abuse. Activities for EM development developed to ensure that EM groups receive social and economic benefits that are culturally appropriate. It includes measures to enhance the capacity of the project implementing agencies. Once detailed design is available, more consultation will be conducted in a free, prior and informed manner. Together with the RAP, this EMDP will be updated accordingly. 75. Establishing a participatory community group and practicing participatory monitoring: A community group to be established among the EM groups at the commune level to receive feedbacks from agencies, organizations, and individuals that are affected by or related to project activities. It may include representatives from the affected EM villages, both male and female, and from women ’s unions and the fatherland front. PMU will organize regular meetings to receive comments from the participatory community group and may set focus on the implementation of this EMDP as below: - What are the latest project activities in the community? - What benefits do the communities receive from these activities? - Have they received these benefits in a culturally appropriate manner? If not, why? How can these gaps be addressed? - Has consultation been conducted as suggested in the EMDP? - Is there any difficulty for the affected EM groups in understanding the language on communication facilities or during the meetings? How should public awareness activities be organized to overcome these difficulties? - How can PMU help the affected EM groups to access project information more efficiently and practically? - Are there any adverse impacts from migrant workers on local communities? - Are there any issues/activities that the affected EM groups remain unsatisfied with? Why? What measures do the communities propose to address these issues/activities? 76. Through these meetings, PMU can learn what still dissatisfies their communities, even it may not be a direct impact of the project. By addressing this issue, if possible, PMU can foster trust and goodwill with the community. Furthermore, if negative impacts are identified during the implementation process, PMU should take responsibility to correct it, not trying to hide it or misguide the communities. Also, being open with information allows the community to propose creative solutions and ideas for the projects that impact their lives. 77. In addition, during the project implementation, PMU will coordinate with local mass organizations and NGOs to pass on as much “know how” as possible. PMU may provide training to local community members on community monitoring, turning them into ‘monitors’, with such knowledge of construction elements, erosion, water contamination, air pollution, and much more. This knowledge empowers these monitors, many of them being women who later became leaders in their communities. 78. Organizing community meetings: Series of meetings at each commune to be organized to respond to queries and clarify issues. It will be deployed before and during project implementation. Materials used for meetings will be prepared in an understandable manner, with clear messages and images. Timing and venues of community meetings should be convenient for local people. 79. Enhancing community awareness: Awareness raising activities can be incorporated into regular community meetings and other community events. Based on the community consultation, the issues to be raised during such activities may include but not be confined to the following: (i) Project activities; (ii) Traffic safety; (iii) The importance of the community consultation and participation in every stage of the project activities, from planning and preparation to implementation and monitoring and evaluation; (iv) The role of community in monitoring project activities, and in operations and maintenance of the project works; (v) Gender issues (for example, as women take care of children, they need to be notified/warned 27 Ethnic Minorities Development Plan– Binh Dinh Subproject of potential risks are inherent during the relocation of their houses); (vi) Domestic violence and sexual abuse; (vii) HIV/AIDS and other communicable diseases; (viii) Labor rights; (ix) The importance of access to clean water and hygienic practices; (x) Management of household assets and spending; (xi) Enhanced education opportunities for children to have better access to the labor market and income- generating opportunities; Any other issues emerging during the project implementation. 80. Communication activities: Several individuals and organizations may be more effective communication channels in the project areas, such as village elders, village heads, spiritual leaders, women’s unions and the fatherland front. In addition to conventional communication channels, such as community meetings, focus groups and loudspeakers. The communications materials will be archived at cultural houses or community centres for reference so that residents can access them easily. In addition, PMU may consider promoting access to and sharing of project information to the related EM groups through disclosing project information directly related to the interests of the affected EM groups on the provincial webpage. 81. Training of local officials and other stakeholders: An orientation workshop should be organized at the district level for officials and other stakeholders in the project who work with the affected EM communities so that they can have more understanding the latter’s cultures, customs and religions, and thus their working approach would be culturally appropriate and gender-sensitive. The workshop will be focused on: special requirements of the EM peoples given their socio-economic and cultural profiles as described above in this EMDP. Due attention and support should be given to those who face language barriers; the importance of public consultation with the EM communities; and the knowledge and skills needed for working with the affected EM groups to achieve the objectives of this EMDP and, concurrently, to enhance the project management capacity for the relevant stakeholders. 82. Employment policies in favor of the EM groups:  Local hiring information should be provided to EM groups as early as possible to gain support and acceptance of the communities, allowing the project to proceed without any significant challenges.  Actively promoting gender-inclusive policies for women to participate and benefit from the project, in all stages, including the increased participation of women, especially those from the affected EM groups, in the construction workforce. The impacts of the gender-inclusive policies and initiatives may go beyond a worksite and are instrumental in helping women overcome barriers and gender-based stereotypes in surrounding communities.  Priority to training and recruiting EM people, male and female alike. The project will work simultaneously on two key elements: education that will support the inclusion of the local EM people in the local labor market and changes in the recruiting language to emphasize equal opportunities for men and women, to remove the traditional doubts about abilities of the EM people, especially women. EM people, especially women, should be prioritized to work in the project if needed. 83. Promoting gender equality: Gender is a cross-cutting theme. Measures help to ensure gender equality include: contractors ensure that priorty on job opportunities should be given to EM women; labor wage paid to EM women should be equal to men for the same works; workers made to respect EM culture, etc. Monitoring by PMU and contractors is established and implemented by PMU and contractors. 84. Participation and empowerment: It is essential to increase the participation of women, especially in the affected EM groups, in various project activities and interventions, such as information dissemination events, training courses, local support work, and participatory community groups. Importantly, women should be consulted in good faith throughout the project cycle, from the design to the evaluation steps to ensure their voices to be heard and paid due attention to. Specific measures may therefore be necessary to enhance their current access to information and their associated engagement in the project activities. Efforts will be needed to arrange a location and time suitable for the participation of 28 Ethnic Minorities Development Plan– Binh Dinh Subproject the related women, and additional promotional activities may also be necessary to maximize attendance by EM female household heads. 85. Awareness raising: Women should be fully aware of potential impacts on their communities and households, particularly income generating activities, and as such propose measures that the project should do to avoid or minimize the impacts. It is important to raise awareness for women of their rights and benefits in joint husband-and-wife titling and use of land-use rights certificates for bank loans, lease and contributions to joint business, their rights to access to the GRM and how to lodge their complaints when needs arise. 86. Planning: It should be recognized that engagement of and awareness raising for women, especially EM ones, is a time-consuming process which should be planned and phased effectively with clear and practical short-, medium- and long-term objectives to make various steps feasible, with lessons reviewed and learnt as well as plans revised after each phase. 87. Capacity building: 02 trainings on gender and EM will be provided to PMU staff and local officials and stakeholders as well as project staff, who will work with EM groups. Training will provide PMU staff in charge knowledge, skill and requirements on ethnic minority of WB and Viet Nam and necessary measure to ensure that EMDP is properly implemented. Training on monitoring EMDP is also included. 88. Training and job opportunities: As some EM households may change their jobs, i.e. households which depend on seasonal income – primarily from crops and/or fruit trees, counseling and training of new job skills for this group should be done with the capacity of men and women in mind to make training knowledge applicable, and the possibility of success with the new job is enhanced. Further details of these activities are included in the discussion on job training and opportunities under this section. 89. Empowering and supporting EM women at worksite: It is important to create job opportunities for EM women from the project. For this purpose, it is necessary to assess women’s requirements for skills training to facilitate income restoration. All contractors participating in civil works should inform PMU job opportunities appropriate for women in general, including those from EM groups, and PMU will inform those in need. As women entered the project’s workforce, it is necessary to address traditional behaviors of gender-based violence, sexual harassment, work-life balance difficulties, and doubts about women’s physical resilience. The necessary actions include:  Implementing a “zero tolerance policy” for sexual harassment: training on sexual harassment will be provided to all employees during induction and at additional sessions to reinforce the “zero tolerance” policy.  Implementing a grievance mechanism that treats all harassment cases as “high risk” and requiring immediate attention.  Addressing gender-based violence in the communities, in alliance with the commune’s women’s unions. Women will be trained in their labor rights. 90. For directly affected EM people by loss of land and assets: These EM people are entitled to compensation and rehabilitation programs as described in the RAP. In addition, All EM people affected on land will be granted with LURC for their remained land holdings and for land they purchase without any payment. Severely affected EM farmers will be assisted in accessing loan from the Bank for Social Policies (BSP) with preferential interest amount of loan in the short and/or medium terms. Proper technical guidance will be provided so that the people will know how to use and manage credit properly. 91. For EM people benefited by the project: Training courses will be designed to ensure: (i) the contents are culturally appropriate to the EM peoples; and (ii) women are encouraged to participate with at least 30% of the participants. 29 Ethnic Minorities Development Plan– Binh Dinh Subproject Table 7: Summary Proposed Activities and Support Contents Impacts Measures Permanent loss of - Proper public consultation agricultural land - Compensation, support and assistance will be paid to 46 affected EM households. Details are given at RAP Open to infectious or - An increase in worker influx that may cause Contractors provide awareness sexually transmitted raising and trainings to workers on infectious and sexual diseses and and safe infection, such as sexual intercourse HIV/AIDS - PMU assign staff to address EMDP, including monitoring the implementation of EMDP and supervise Contractors and to ensure that the issue is well managed - Awareness raising and trainings to EM women shall be delivered ensuring that women is protected from these diseases. Human trafficking - An increase in worker influx that may lead to social disorder such as women trafficking. Contractors are required to provide awareness raising and trainings to workers on human trafficking and measure mitigate the issues - PMU assign staff to address EMDP, including monitoring the implementation of EMDP and supervise Contractors and to ensure that the issue is well managed - Local authority inform EM persons and local people on risk of human trafficking Works child abuse, low - Contractors are required to provide job opportunities to EM women. Payment wage for EM women of the rate paid to EM workers, especially EM women should be same as rate paid to same works other workers. - PMU assign staff to address EMDP, including monitoring the implementation of EMDP and supervise Contractors and to ensure that the issue is well managed Traffic accident - Awareness raising and trainings to EM persons, especially women shall be delivered through loudspeaker to ensure that EM persons, especially EM women and childrend aware accident and measure to protect themselves. - Contractors ensure that their vehicle follow transportatin rules and not travel during the peak time 92. This EMDP will be updated before being implemented in order to re-define the development demands of EMs and reflect other demands needed when the project’s impacts are identified based on the final technical design. VI. INFORMATION DISCLOSURE AND DISSEMINATION 93. During the preparation process, the final EMDP/RAP will be disclosed locally at the public places including CPC/DPC offices and community houses. Such EMDP will be disclosed in a form and language understandable to the EM peoples as well as other project stakeholders. 94. These documents will be publicly disclosed at Binh Dinh PMU, PPC and information office of WB at Washington D.C, before starting the project implementation. 30 Ethnic Minorities Development Plan– Binh Dinh Subproject 95. During the project implementation process, PMU and local authorities at all levels will ensure that all EM households in the subproject area are informed and invited to the public consultations to be conducted during EMDP implementation. 96. The draft EMDP was disclosed locally on June 19, 2017 and on the Bank’s website on June 20, 2017. VII. IMPLEMENTATION ARRANGEMENTS Assessment of Binh Dinh PMU and stakeholders on EMDP implementation 97. It is acknowledged that safeguard staff of Ninh Thuan PMU has rich knowledge, skill and experience in civil engineering, but other social aspects, including: ethnic minority development, resettlement, and gender equality. Especially, experience, knowledge and skill on EM development in infrastructure projects following WB requirement (OP 4.10). Thus, capacity building for Binh Dinh PMU staff and the safeguard staff. Details on capacity development for Binh Dinh PMU safeguard staff is in below section. Capacity building scheme 98. In view of the shortage in capacity to carry out the EMDP at grassroot level, there is a need of a strong corporative working tie among the EMDP undertaking institutions. 99. The staffs of Ninh Thuan PMU will be provided with intensive trainings to enable them to be able to undertake screening of ethnic minority peoples in the subproject area. Where local capacity is insufficient to prepare an EMDP, qualified consultants may be mobilized to assist the Binh Dinh PMU in development of EMDP for the subprojects. Trainings to PMU staff and relevant agencies will be delivered by the Ethnic Minority Specialist hired by the Central Project Management Unit. 100. 02 training on gender and EM will be provided to PMU staff and local officials and stakeholders as well as project staff, who will work with EM groups. Training will provide PMU staff in charge knowledge, skill and requirements on ethnic minority of WB and Viet Nam and necessary measure to ensure that EMDP is properly implemented. Training on monitoring EMDP is also included. Coordination mechanism 101. The staff of Binh Dinh PMU who oversees EMDP implementation will incorporate the Binh Dinh province Ethnic Committee to check and review this EMDP implementation 102. At the district level, officials of the DPC Ethnicity Division will coordinate with the Binh Dinh PMU and Binh Dinh province Ethnic Committee to perform it. They will provide feedback from ethnic people and EM community to PPC and relevant agencies. 103. At the commune level, community leaders and representatives of minority group leaders are the key persons in the EMDP implementation. They will be directly support local people to overcome the difficulties in the project implementation process; Organize community meetings to disseminate information about the project; provide information on the EMDP mitigation and development activities; and support local authorities and Binh Dinh PMU in preparing the list of participants of the EMDP development activities. Key features of the cooperation mechanism are belows: - Binh Dinh PMU staff with assistance of EM consultant, to implement EMDP. - PMU social safeguard staff will take part in regular meetings (monthly or quarterly) to monitor, supervise the EMDP implementation. Issues and challenges will be addressed following requirement given in the EMDP. - Reports, data and information on EMDP implementation will be recorded and shared among stakeholders promptly to promote quality of EMDP implementation. All issues relating to EM during and after the subproject implementation will be timely addressed or at least mitigated. 31 Ethnic Minorities Development Plan– Binh Dinh Subproject - EM representatives from subproject communes will work closely with Binh Dinh PMU, local authorities, contractors and NGOs (Women Union, Fartherland Front, Farmer Association, Youth Union etc) to monitor and supervise the EMDP implementation. Any issues or challenges faced by the EM persons will be reported to PMU Binh Dinh, contractors, local authority for consideration and settlement. 104. The PMU, via Environment and Resettlement Division, will be responsible for ensuring effective implementation of the EMPF and the EMDP in close consultation with the same level departments and project districts. VIII. GRIEVANCE REDRESS MECHANISM 105. The grievance mechanisms under the Subproject will be two-tiered: one internal to the communities concerned and the other, involving third-party/external mediation. For each Project province, a Grievance Redress Committees will be established from villages/districts to provincial levels built on the existing structures consisting of concerned departments, mass organizations, women and ethnic representatives. At the village level, community based co-management will incorporate in the existing grievance mechanisms that will be chaired by elder and/or spiritual/tribal leaders, which are largely acceptable to local communities, particularly the ethnic minority groups. 106. The grievance redress mechanism will be applied to persons or groups that are directly or indirectly affected by the Project, as well as those that may have interests in a Project and/or can influence its outcome -- either positively or negatively. The Project will provide training and support to strengthen these existing structures for effectively and collectively dealing with possible grievances that may arise during the project implementation. All complaints and grievances must be properly documented by PMU, with copies being filed at commune and district levels. 107. If the affected EM peoples are not satisfied with the process, compensation or mitigation measures, or any other issue, the EM themselves or EM representatives or village leaders can lodge their complaints to the local authorities or to the PMU following the grievance redress mechanism established in the EMDP. All grievances will be addressed promptly, and in way that is culturally appropriate to the affected EM peoples. All costs associated with EM’s complaints are exempt to EM complainants. PPMU and independent monitoring consultant are responsible for monitoring the progress of resolution of EMs’ complaints. All cases of complaints must be recorded in PMU project files, and be reviewed regularly by independent monitoring consultant. 108. The grievance redress mechanism is established based on the Vietnam’s laws. The mechanism of complaint and complaint and grievances resolution steps are as below: - First Stage – Communes/Wards/Towns People’s Committee: An aggrieved APs may bring his/her complaint to the One Door Department of the Communes/Wards People’s Committee (CPC), in writing or verbally. The member of Communes/Wards PC at the One Door Department will be responsible to notify the communes/wards PC leaders about the complaint for solving. The Chairman of the communes/wards PC will meet personally with the aggrieved APs and will have 30 days following the receiving date of the complaint to resolve it. The communes/wards PC secretariat is responsible for documenting and keeping file of all complaints handled by the communes/wards PC - Second Stage - At Districts People’s Committee (DPC): If after 30 days the aggrieved affected household does not hear from the communes/wards/towns PC, or if the APs is not satisfied with the decision taken on his/her complaint, the APs may bring the case, either in writing or verbally, to any member of the DPC or the DRC of the district. The DPC in turn will have 30 days following the receiving date of the complaint to resolve the case. The DPC is responsible for documenting and keeping file of all complaints that it handles and will inform the DRC of district of any decision made. Affected households can also bring their case to Court if they wish. 32 Ethnic Minorities Development Plan– Binh Dinh Subproject - Final Stage - Court of Law Decides: If after 45 days following the lodging of the complaint with the PPC, the aggrieved PAP does not hear from the PPC, or if he/she is not satisfied with the decision taken on his/her complaint, the case may be brought to a court of law for adjudication. Decision by the court will be the final decision. 109. Decision on solving the complaints must be sent to the aggrieved APs and concerned parties and must be posted at the office of the People’s Committee where the complaint is solved. After three days, the decision/result on solution is available at commune/ward level and after seven days at district or province level. 110. To ensure that the above grievance mechanism is put into practice and approved by the affected ethnic minority people (by subproject), the mechanism should be consulted with local and community authorities when considering and evaluating culturally specific elements as well as traditions and cultural systems affecting the arising and settlement of complaints/grievance. If the goals and efforts of the ethnic minority people are taken to determine and decide how to solve the problems for them to accept. 111. In addition to commune level (mentioned above) where EM peoples could lodge their questions/comments, or complaints officially, EM peoples may contact directly PMU using the contact details provided in the Project Information Leaflet in case there have any questions related to subproject goal/scope/impact, etc, or including general compensation and support policies. 112. Since grievances lodged are primarily related to in the case involving land acquisition, to ensure the grievances are timely and effectively addressed, the following measures should be used by both designed contact points at commune and PMU level. 113. A recording system/book that records systematically complaints received. This grievance system should be maintained by contact point for GRM at both commune and PMU level. Record should show when the complaints are lodged, by whom, and how, and by whom such grievances are solved, and when the solving is completed. Pending issues that last for more than one month, for example, should be flagged for timely and appropriate action on the part of PMU and local governments. Where complaints are made verbally, such complaints should be recorded into the grievance recording system for timely following up and resolving. 114. Where complaints are made verbally, such complaints should be recorded into the grievance recording system for timely following up and resolving. 115. EM people will be sent leaflets, which cover information about adversely affected people, beneficiaries and project information to appoint a contact person at the communes and Binh Dinh Project Management Unit of Construction Investment Works for Agriculture and Rural Development to address complaints raised by EM people easily, if any. IX. MONITORING AND EVALUATION 116. Responsibility of overall monitoring and implementing the EMDP will be subjected to external independent monitoring by a qualified consultant. The external independent monitoring consultant will be hired by the PMU. This service could be integrated into the contract for independent monitoring of the implementation of RPF and RAP. 9.1. Internal Monitoring 117. PMU will be responsible for the overall implementation and internal monitoring of this EMDP. 33 Ethnic Minorities Development Plan– Binh Dinh Subproject Table 8: Internal Monitoring Indicator Monitoring contents Monitoring criteria Cost and time  Are there enough staffs supporting EM people as planned?  Are supporting activities satisfactory with set plans?  Is the cost for EMDP implementation distributed to implementing agencies timely and adequately? Consultation, complaints  Are public consultations and information dissemination to EMs in and outstanding issues compliance with plans?  Are EM group discussions held by groups?  How many people are aware of their benefits?  Do EM people know and use the grievance redress mechanism as set forth in EMPF? How are the results?  Number and type of complaints received (classified into gender and vulnerable groups)  Number and type of complaints redressed (classified into gender and vulnerable groups)  Levels of awareness and satisfaction of EM people  Satisfactory levels about grievance mechanism. 9.2. Independent monitoring 118. An independent monitoring consultant (IMC) will be contracted to monitor the implementation of social safeguards of subprojects, including the EMDPs. Monitoring report will be submitted to the World Bank for review and comments. External monitoring should be conducted twice a year during the implementation of the Project to timely identify issues that might need immediate action from PMU. Table 9. Independent Monitoring Indicators Monitoring contents Monitoring criteria Basic information  Location about EM households  Number of EM households  Average number of members in households, ages and educational attainment level.  Gender of household heads  Accessibility to medical and education services, utilities and other social services.  Current status of land and legal land use  Occupation and jobs  Income sources and levels Satisfactory levels of  Do EM people agree with EMDP implementation? EM people  What are the assessments of EM people on the recoverability of their live and livelihood?  EM people’s awareness of the grievance redresses process and compensation 34 Ethnic Minorities Development Plan– Binh Dinh Subproject Monitoring contents Monitoring criteria procedures?  Are EM people’s complaints addressed timely and satisfactorily in accordance with EMPF? Supporting efficiency  Are benefits of EM people ensured satisfactorily?  Are vulnerable groups supported and assisted? Other impacts  Are there any impacts on EM people’s jobs and income?  How can unexpected impacts be addressed (if any)? X. IMPLEMENTATION SCHEDULE AND BUDGET 10.1. Implementation Schedule 119. EMDP will be implemented in two years, 2017 and 2018, to ensure that most the EM households (non-affected households but present in the subproject communes and adjacent areas) will receive socioeconomic benefits in agricultural extension and business development (according to their recommendations/suggestions in the public consultations). (1) Ethnic Minorities Development Plan inclusive of information dissemination, public consultation and survey: These activities have been carried out during preparation of EMDP from April 2017 to August 2017. The specific activities include: (i) Collecting and gathering relevant documents, data, information, reports; (ii) Organizing stakeholder meetings with PMU, agencies, communities, focus groups (i.e. women, ethnic minorities, the poor); (iii) Indept-interviews with key persons; and (iv) need assessment. (2) Preparation of Ethnic Minorities Development Plan: this has been carried out from June 2017 to August 2017. Based on the document, information and data collected, EMDP is to be drafted. (3) Submission of Ethnic Minorities Development Plan during July and August 2017. (4) Training for PMU, relevant agencies and communities will likely start in September 2017, regarding: Training on Gender Equality, Training on Ethnic Minority Development Plan Monitoring, Training on agricultural development, Guidances of traffic safety, prevention of social evils etc (5) Seeking for approval of EMDP in September 2017 (6) Information dissemination, awareness raising: (i) Informing about the Grievance Redress Mechanism, (ii) Seminars about HIV/AIDS; Infectious diseases/epidemic; Trafficking of women and children; Gamble; Social security disorders etc (7) Monitoring and Evaluation: This takes place from July 2017 to the end of the project including (i) Internal monitoring and (ii) engaging an external independent monitoring consultant. (8) Construction activities start from June 2018 to December 2018 35 Ethnic Minorities Development Plan– Binh Dinh Subproject Table 10: Implementation Schedule Activities Year 2017 Year 2018 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 Information dissemination and public consultation Preparation of the Ethnic Minorities Development Plan Submission of Draft Ethnic Minorities Development Plan Training on EM to PMU and relevant agencies Approval of the Ethnic Minorities Development Plan Information dissemination, awareness raising Village meetings Broadcasting through loudspeakers Monitoring and eveluation Constructions activities 10.2. Budget 120. All necessary costs to carry out the activities proposed in this EMDP are included in the project’s cost. PMU will coordinate to implement EMDP in a timely manner to ensure that EMDP can support the EM peoples present in the subproject area to receive culturally appropriate socio-economic benefits. Table 11: Cost Estimate of EMDP No. of No. of No. Programs benefited Unit cost Total courses HHs 1 Training in Agricultural development 10 300 20,000,000 200,000,000 Support loan in agricultural production (50 2 2 com. 50 50,000,000 100,000,000 million /commune) Guidance of traffic safety, prevention of 3 120,000,000 social evils 3.1 Meeting in villages 24 500,000 12,000,000 3.2 Disemination through communal loudspeaker 3600 0 0 Seminars about HIV/AIDS; Infectious 3.3 diseases/epidemic; Trafficking of women and 24 1,500,000 36,000,000 children; Gamble; Social security disorders Training classes about Tranffic Safety; Labor 3.4 24 3,000,000 72,000,000 safety Total (I+II+III) 420,000,000 Contingency (10%) 42,000,000 Cost Management 10%) 42,000,000 Grand Total (VND) 504,000,000 Total (USD, 1 USD = 22,750) 22,154 36 Ethnic Minorities Development Plan– Binh Dinh Subproject Annex Annex 1. Summary of Consultation Results with EM Group No. Project Time Location Participants Consultation results Location 1 Vinh Thuan 17 March Office of -Representatives of Department - Support for the project implementation; commune, 2017 CPC of Agriculture and Rural - Ta Dinh stream and Xem river embankment, Vinh Thuan commune will bring Vinh Thanh Development benefits for EM people. In which, reinforcement of Kon river embankment roof district, Binh - Social Consultants will ensure cultivation and facilitate for movement of people; Dinh province -Representatives of communes - EM language should be used during the consultation process to explain and take and households propaganda for receive support and help from EM people. -Representatives of Bana - Provide technical support for cultivation, production of EM households households (10 households) 2 Cat Son 3 April 2017 Office of -Representatives of Department - Group discussion and interview with households at locality shows that households commune, CPC of Agriculture and Rural support for the project implementation; Phu Cat Development - People expect that after repairing of Hoi Son lake downstream embankment, it district, Binh - Social Consultants will ensure safety of lives and property of local people. In fact, many canals is Dinh province landslide by flood crossing over dyke surface, causing breaking and impacting on -Representatives of CPCs and property as well as alluvial overflow of fields of households; households -Representatives of Bana households (06 households) 37 Ethnic Minorities Development Plan– Binh Dinh Subproject Annex 2. Some Minutes of Public Consultation Meetings at the affected EM community area 38 Ethnic Minorities Development Plan– Binh Dinh Subproject 39 Ethnic Minorities Development Plan– Binh Dinh Subproject 40 Ethnic Minorities Development Plan– Binh Dinh Subproject 41 Ethnic Minorities Development Plan– Binh Dinh Subproject 42 Ethnic Minorities Development Plan– Binh Dinh Subproject Annex 3: Project information leaflet General Context e, Payment of compensation for affected assets and relocation of AHs to new sites will be completed prior to commencement of any The Emergency Natural Disaster Reconstruction construction activities. Project – Binh Dinh Subproject will be f) Specific assistance will be provided for implemented in Binh Dinh province, at locations ethnic minorities, female headed-households, affected by disaster, in which, the project focuses families with disabled, and other vulnerable on rehabilitation of essential infrastructure works families. to ensure life, restore production and ensure smooth transportation When the Detailed Measurement Survey (DMS) will take place? Specific objectives of the Project include The DMS will only be carried out in the (iv) Repairing, improving and upgrading of presence of the AHs. AHs will be informed production infrastructure (including irrigation prior to the survey. works, dykes, river embankments, sea embankments, irrigation canals, domestic water supply, etc.) in order to restore production, Investment Phasing protect lives and property of the local people, reduce risks caused by natural disasters. 2. In the above-mentioned list, to priority recover the flood prevention works in the next (v) Overcoming damages on traffic storm season up to 2017, Quang Ngai province infrastructure to facilitate travel, business and discussed with the concerned agencies and agreed production development of the people, facilitate with the division into two (02) phases: transportation of rescue forces, materials and equipment for emergency rescue for local people - First 18-month Items (estimated to be in flooded and drought areas in case natural started since Quarter 3, 2017): resources and floods in the region. - Repairing, upgrading of La Tinh river (vi) Support for capacity strengthening of the and Can river dyke systems Client in the project implementation - Repairing, upgrading of Kon river dyke  Vietnam Emergency Natural Disaster - Repairing, upgrading and new Reconstruction Project – Binh Dinh Subproject construction of some collapsed bridges consists of 03 components as follow: - Repairing, upgrading of some seriously Subcomponent 1.1: Canal, embankment, dyke damaged provincial roads (estimated cost of USD 23,380,000) Remaining Items (estimated to be started from This subcomponent will implement rehabilitation Quarter 1/2018): and solidification of ditch canals, embankment, dyke along river system of Kon, La Tinh, Can - Repairing, upgrading of Ha Thanh river and Ha Thanh. dyke Subcomponent 1.2: Irrigation (estimated cost of - Repairing, upgrading of Lai Giang river USD 6.727.000) dyke This subcomponent aims at repairing, upgrading - Repairing, upgrading of irrigation system irrigation system seriously damaged by flood. - Repairing, upgrading of weirs Subcomponent 1.3: Transport (estimated cost of - Repairing, upgrading and new USD 15.143.000) construction of some collapsed and degraded This Subcomponent will finance for bridges rehabilitation, reconstruction of damaged - Repairing, upgrading of some seriously transport infrastructure works damaged provincial roads 43 Ethnic Minorities Development Plan– Binh Dinh Subproject  Component 2: Capacity Building - Repairing, upgrading of some seriously damaged district, inter-commune roads  Component 3: Project Management When other consultation will take place? Who are the affected households (AHs)? Consultation with AHs will continue during the Entitled AHs are those persons who are located detailed design phase and before the DMS. within the affected area at the date the project AHs will receive a written invitation to join the will be publicly announced. The cut-off-date public meetings. for eligibility is the date of the notification for land acquisition. Persons who encroach into the If there are disagreements or problems arising area after the cut-off-date will not be entitled to during the Project such as compensation or compensation or any other form of resettlement general project-related disputes, do I have the assistance. right to complain? What are the resettlement policies and Any AH may file a complaint or grievance. The principles of the Project for affected Project includes a Grievance Redress Process households? and AHs may present their complaints to the concerned local administrative officials and The basic resettlement principles of the Project RCs, either verbally or in writing. are: The complaint can be filed first at the commune a) All APs are entitled to be compensated level and can be elevated to the highest for their lost assets, incomes and businesses at provincial level if the AHs are not satisfied replacement cost, and provided with with the decisions made by the commune or rehabilitation measures sufficient to assist them district. AHs will be exempted from all taxes to improve or at least maintain their pre-project and administrative and legal fees associated living standards, incomes and productive with filing and resolving the dispute. capacity. Anybody who has questions or concerns about b) Lack of legal rights to the assets lost will the Project, can contact the following persons: not prevent APs from entitlement to compensation. BINH DINH PROJECT MANAGEMENT UNIT OF CONSTRUCTION INVESTMENT WORKS c) Compensation for affected assets shall be FOR AGRICULTURE AND RURAL provided at market rates. DEVELOPMENT d) Preparation of resettlement plans and Ad: 415 Trần Hưng Đạo, Quy Nhon city their implementation is to be carried out with participation and consultation of affected Tel: people. 44 Ethnic Minorities Development Plan– Binh Dinh Subproject 45